Township of Delran, New Jersey

July 21, 2016 delran Leave a comment

Township of Delran, NJ

Thursday, July 25, 2013

PART I: ADMINISTRATIVE LEGISLATION

Chapter 1. GENERAL PROVISIONS

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

Article I. Definitions; General Penalty; Enforcement

[Adopted as Ch. I of the 1993 Revised General Ordinances]

Editor’s Note: Original Sec. 1-1, Short title, which previously preceded this section, was deleted 8-17-2005 by Ord. No. 2005-25. Unless otherwise expressly provided or the context is adverse or inconsistent to such meaning, the following words and phrases, when used in this Code, shall have the following meanings:

CLERK or TOWNSHIP CLERK: The Municipal Clerk duly appointed pursuant to law.

DEPARTMENT: An organizational unit of the Township government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Township government assigned to the organizational unit by the Township Council.

LICENSED: Licensed in accordance with the appropriate section or chapter of this revision.

MONTH: A calendar month unless otherwise specifically provided.

N.J.S.A.: New Jersey Statutes Annotated, also referred to as R.S. (Revised Statutes).

ORDINANCE: Any local legislation heretofore or hereafter adopted, including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.

OWNER: Includes a sole owner and any part owner or joint owner of the whole or of a part of a building, land or personal property.

PERSON: Any individual, natural person, partnership, joint venture, society, association, club, trustee, trust, corporation or unincorporated group or any officer, agent, employee, servant, factor or any kind of personal representative of any thereof in any capacity, acting either for himself or herself or for any other person, under either personal appointment or pursuant to law.

STREET: A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk and every class of road, square, place or municipal parking field used by the general public, including the unpaved portion of a right-of-way.

TENANT or OCCUPANT: When applied to a building or land, any person who occupies all or a part of such building or land, whether alone or with others.

TOWNSHIP: The Township of Delran in the County of Burlington, State of New Jersey.

TOWNSHIP COUNCIL: The governing body of the Township consisting of the Mayor and Council members.

WEEK: Seven consecutive days.

YEAR: A calendar year unless otherwise specifically provided.

§ 1-2. Construction.

A. For the purpose of this Code and in the interpretation and application of all other ordinances heretofore or hereafter adopted, words and phrases shall be given their generally accepted meaning.

B. The present tense includes the past and future tenses and the future, the present.

C. The masculine gender includes the feminine and neuter.

D. The singular number includes the plural and the plural, the singular.

E. “And” may include “or” and “or” may include “and.”

F. “Shall” is mandatory, and “may” is permissive.

G. The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday or a day on which the offices of the Township are closed, that day shall be excluded.

H. “Writing” and “written” shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

I. Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year. Editor’s Note: The original definitions of “chapter,” “section,” “subsection” and “paragraph,” which previously preceded this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

J. Titles of chapters, sections, subsections and paragraphs are for reference only and are not a substantive part of this Code.

§ 1-3. Repeal of ordinance.

Whenever an ordinance that repeals an earlier ordinance or part thereof is itself repealed, such repeal shall not revive the former ordinance or part thereof, unless such revival is specifically provided for.

§ 1-4. Township Seal.

The seal heretofore provided and used by the Township is hereby continued as the Official Seal of the Township.

§ 1-5. Violations and penalties.

A. Maximum penalty. For violation of any provision of any chapter of this Code or any other ordinance of the Township where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,250, imprisonment for a period not exceeding 90 days or community service not exceeding 90 days. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation.

C. Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.

D. License revocation. The imposition of a fine or imprisonment as punishment for a violation of any provision of this Code or any other ordinance of the Township shall not be deemed to be in lieu of any provision thereof providing for the revocation or suspension of any license or permit.

§ 1-6. Administrative enforcement proceedings.

In order to establish uniform procedures for those sections requiring administrative enforcement of abatement notices, the following will prevail unless specifically designated otherwise.

A. Violation notice. Where a violation of this Code is found to exist, a written notice from the enforcing official shall be served on the person or persons responsible for the correction thereof.

B. Contents of notice. The notice shall specify the location of the property by tax map reference, the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is requested pursuant to Subsection D. The notice shall also advise the recipient that, if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the Township may do same, the cost of which shall become a lien on the subject property.

C. Service of notice.

(1) Notice may be served personally or by mail, certified return receipt requested, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the “last known address” shall be the address of the owner as shown in the office of the Tax Collector. Service upon an owner or operator may also be attained by personal service of any notice upon a member of the family of the owner or operator over the age of 14 years, residing with the owner or operator.

(2) If the whereabouts of the person to be served is unknown and the same cannot be ascertained by reasonable diligence, the serving of such notice upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township of Delran or, in the absence of such newspaper, in one printed and published in the county and circulating in the Township of Delran. A copy of such notice shall be posted in a conspicuous place on the premises affected by the notice, and a copy of such notice shall be duly recorded or lodged for record in the office of the Township Clerk.

(3) Where the manner of service of notice for a particular type of matter is prescribed by a state statute in a manner different from above, then such statutory provision shall be applicable to the service of the notice in question, notwithstanding the provisions of this section.

D. Hearing. Within 10 days of the date of service of a notice, the notice shall constitute a final order, unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail to the Township Clerk. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Township Clerk, upon receipt of the request, shall, within 45 days therefrom and upon five days’ notice to the party aggrieved, set the matter down for hearing.

E. Appointment of hearing officer. The Township Council, upon request for a hearing, shall appoint a hearing officer who shall conduct the hearing, evaluate the evidence presented and render a decision.

F. Evidence and counsel. The rules of evidence shall not be controlling in these hearings. All parties to the hearing may appear in person or by attorney and give testimony.

G. Determination. At any hearing provided hereunder the hearing officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him or her and to enforce any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The hearing officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing of the notice.

H. Extension of time. The hearing officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.

I. Immediate action in case of emergency. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to public health or life and limb unless abated without delay, the enforcement official may either abate the violation or condition immediately thereafter.

J. Lien against property. Where abatement of any nuisance, as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to conform to municipal ordinances or state law applicable thereto involves a condition harmful to the health and safety of the occupants or the general public and requires expending Township moneys to correct it, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Council with an estimate of the cost thereof, along with a summary of the proceedings undertaken by him or her or under his or her directions to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, and summaries of hearings and copies of orders of the Township with reference thereto. The Council may thereupon order the abatement of the nuisance, correction of the defect or any work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the state, by resolution adopted after notice and hearing to the owner in the manner provided above to the extent applicable. The Township may thereafter proceed to have the work performed in accordance with such resolution at Township expense, not to exceed the amount specified in the resolution. Upon completion thereof, the Township Council may, by resolution, approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township, who shall be responsible for the collection thereof, and a copy of the resolution shall be sent by certified mail to the owner.

K. Emergency costs to be a lien. If the Township incurs costs for emergency abatement as provided in Subsection I, the enforcing officer shall present to the Council a report of the work done and the cost thereof with a summary of the proceedings undertaken and the reasons for the emergency abatement. The Council, after notice and hearing to the owner in the manner provided above to the extent applicable, may by resolution approve the costs whereupon the same shall become a lien against the premises collectible as provided by law.

L. Court proceedings. Notwithstanding the foregoing provisions, violations of any provision of this section may be prosecuted without the prior notices and hearings required by this section by the filing of a complaint by the Township, or a person designated by it, in the Municipal Court, it being the intention that the remedies and penalties provided herein shall be cumulative and not exclusive.

§ 1-7. Disciplinary proceedings.

The provisions of § 1-6 regarding conduct of hearings and appointment of a hearing officer shall also apply to appeals for hearings by the Township employees relative to disciplinary charges filed or sanctions imposed against such employee by supervisory personnel.

Article II. Adoption of Code

[Adopted 8-7-2005 by Ord. No. 2005-25]

§ 1-8. Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Delran of a general and permanent nature adopted by the Township Council of the Township of Delran, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 355, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Township of Delran,” hereinafter known and referred to as the “Code.”

§ 1-9. Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-10. When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-11. Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Township of Delran by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-12. Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the “Code of the Township of Delran” shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-13. Publication; filing.

The Clerk of the Township of Delran, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-14. Code book to be kept up-to-date.

It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-15. Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-16. Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Delran to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.

§ 1-17. Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-18. Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-19. Repealer.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided. Specifically, this ordinance repeals the Revised General Ordinances of the Township of Delran, 1993, adopted 7-28-1993, by the Township Council.

§ 1-20. Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-19 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

A. Any ordinance adopted subsequent to 4-6-2005.

B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.

D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.

E. Any franchise, license, right, easement or privilege heretofore granted or conferred.

F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.

G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Township’s indebtedness.

H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

I. The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

J. The dedication of property or approval of preliminary or final subdivision plats.

K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

L. Any ordinance adopting or amending the Zoning Map.

M. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

N. Any legislation adopted by the Board of Health.

§ 1-21. Changes in previously adopted ordinances.

A. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Township Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

B. In addition, the changes, amendments or revisions as set forth in Schedule A Editor’s Note: In accordance with § 1-21B, the chapters, parts and sections which were added, amended or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 8-17-2005 by Ord. No. 2005-25.” Schedule A, which contains a detailed description of all changes, is on file in the Township offices. attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)

§ 1-22. When effective.

This ordinance shall take effect 20 days after final adoption and publication according to law.

Chapter 12. TRAFFIC

[HISTORY: Adopted by the Township Council of the Township of Delran as Ch. XII of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Traffic regulations in Summerhill Development — See Ch. 12A.

Traffic regulations in Mill Run Commons — See Ch. 12B.

Streets and sidewalks — See Ch. 306.

Taxicabs — See Ch. 317.

Abandoned vehicles — See Ch. 334.

Motor-driven vehicles — See Ch. 339.

§ 12-1. Words and phrases.

As used in this chapter, words and phrases concerning traffic shall have the meanings ascribed to them in N.J.S.A. 39:1-1.

For the purpose of determining compass points and defining north, south, east and west, the following shall determine:

Route 130 shall be the north-south access line within the Township of Delran, with north being in the direction of Willingboro Township and south being in the direction of Cinnaminson Township; west being in the direction of the Delaware River from Route 130 and east being in the direction of Moorestown Township from Route 130.

§ 12-2. Official time standard.

Whenever certain hours are named in this chapter, they shall mean either Eastern standard time or Eastern daylight saving time, as may be in current use in the Township.

§ 12-3. Parking.

12-3.1 Regulations not exclusive. The provisions of this chapter imposing a time limit on parking shall not relieve any person of the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles, as set forth in N.J.S.A. 39:4-138, any other New Jersey statute or as hereinafter provided.

12-3.2 Parking prohibited during state of emergency.

a. Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary emergency no parking signs are displayed. The Chief of Police, or in his or her absence the ranking police officer, shall be authorized to declare an emergency and to direct the posting of emergency no parking signs when weather conditions, accidents, fires, public celebrations, etc., dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that emergency no parking signs are being or shall be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs. The Township shall attempt to request all residents to move their vehicles.

b. Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal of storage which may result from such removal, before regaining possession of the vehicle.

c. The effectiveness of this subsection is contingent upon signs being erected as required by law.

12-3.3 Parking of motor vehicles shall at all times be prohibited on both sides of Fairview Street from the intersection of Fairview Street and U.S. Route 130 to the municipal boundary shared by Delran Township and Riverside Township.

[Amended by Ord. No. 1992-12; Ord. No. 1996-5; Ord. No. 1998-10; Ord. No. 2002-5; 11-23-2010 by Ord. No. 2010-19]

12-3.4 Parking prohibited during certain hours on certain streets. No person shall park a vehicle between the hours specified on any day, except Sundays and public holidays, upon any of the streets or parts of streets described in Schedule II attached to and made a part of this chapter.

12-3.5 Parking time limited on certain streets. No person shall park a vehicle for longer than the time limit designated at any time between the hours listed on any day, except Sundays and public holidays, upon any of the streets or parts of streets described in Schedule III attached to and made a part of this chapter.

12-3.6 No stopping or standing. No person shall stop or stand a vehicle, whether attended or unattended, upon any of the streets or parts of streets described in Schedule IV attached to and made a part of this chapter.

[Amended by Ord. No. 1989-9]

12-3.7 Stopping or standing prohibited during certain hours on certain streets.

[Amended by Ord. No. 1992-17]

a. Schedule of streets. No person shall stop, stand or park a vehicle between the hours specified on the days specified, except public holidays, upon any of the streets or parts of streets described in Schedule V attached to and made a part of this chapter.

b. Exceptions. The following categories of entities may park, stop or stand vehicles in and along the streets or roads described in Schedule V in the times described:

1. Residents. Any individual who owns or rents a single-family dwelling in and along such street or road and who obtains an annually renewed resident permit from the Chief of Police, or his or her designee, without a payment of a fee upon an application supplied by the Chief of Police, or his or her designee. The individual/resident shall apply for such permit at any time, and the permit shall expire December 31 of the year of application. The permit shall be issued upon presentation of proof that the applicant is a renter or owner of the property in and along the described street or road. Presentation of a driver’s license shall be prima facia proof of qualification for the permit. An individual shall be allowed one resident permit per validly registered vehicle. A decal as prepared by the Chief of Police, or his or her designee, shall be placed on the vehicle on the rear left bumper.

2. Visitor. Any individual who is visiting the renter or owner who displays a visitor’s permit on the dashboard of the car. The visitor’s permit shall be obtained by the resident from the Chief of Police, or his or her designee, who shall issue at least five visitor’s permits per dwelling.

3. Delivery vehicles. Any vehicle which, on a temporary basis, is delivering goods to a dwelling or picking up goods from a dwelling or delivering and picking up children or other occupants from the dwelling.

4. Commercial and educational users. Entities engaged in a commercial or educational enterprise in and along the described streets and roads and own property abutting such street or road may park vehicles on the side of the road in front of the property owned by the commercial or educational user.

12-3.8 Snow removal.

[Amended by Ord. No. 1995-5]

a. Whenever snow has fallen and the accumulation is such that it covers the street or highway or after a forecast for the Philadelphia area predicting an accumulation of two inches or more has been broadcast on television or radio or published in the Burlington County Times, at least 12 hours in advance, a snow emergency shall exist, and no vehicle shall be parked on any street as listed hereinafter in this section. The parking restrictions as stated in this section shall remain in effect after snow has stopped and the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.

b. Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic. Any police officer may provide for the removal and storage of such vehicle. The owner shall pay the cost of the removal and storage which may result from such removal before regaining possession of the vehicle.

c. Whenever a snow emergency shall exist in accordance with this section, as hereinafter set forth, the residents of all Township streets, except as hereinafter set forth, shall park their vehicles on the odd side of the street until the street is plowed sufficiently so that there shall be a normal flow of traffic. Upon the even side of the street being plowed sufficiently, as set forth above, the residents shall move their vehicles and park their vehicles on the even side of the street to permit the plowing of the odd side of the street sufficiently so that there shall be a normal flow of traffic. Nothing shall prohibit a resident from parking on his or her front yard portion of the property and/or driveway during a snow emergency.

d. Notwithstanding anything to the contrary in this section set forth hereinbefore, no parking shall be permitted on the following courts during a snow emergency:

[Amended 8-7-2005 by Ord. No. 2005-25]

	Amberfield Drive
	Arch Street
	Ashley Court
	Aster Court
	Borton Mill Court
	Briar Knoll Court [Added 10-5-2005 byOrd. No. 2005-30]
	Chestnut Street
	Colby Court
	Drew Court
	Echo Court
	Fenwick Court
	Haverford Court [Added 10-5-2005 byOrd. No. 2005-30]
	Horse Shoe Court
	Ithaca Court
	James Court
	Jason Court
	Main Street
	Notre Dame Court
	Randle Court
	Sawmill Court
	Silverwood Court [Added 10-5-2005 byOrd. No. 2005-30]
	Split Rail Court
	Springcress Drive
	Sylvan Court
	Tarlton Court
	Tarrington Court
	Timothy Court
	Toby Wells Court
	Underwood Court [Added 10-5-2005 byOrd. No. 2005-30]
	Wayside Court
	Westover Court

e. Vehicles with handicapped license plates shall be exempt from the provisions of this section.

f. Depositing snow on street restricted. No person, firm or corporation or the owner, tenant or occupant of any premises abutting on any street shall throw, place, plow or deposit any snow or ice into or upon any street in said Township. It is the intent and purpose of this provision to prohibit all persons from throwing, casting, placing, plowing or depositing snow and ice which accumulated within the private driveway or property belonging to said person upon the sidewalk or streets of the Township of Delran.

g. Penalty. Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of this section or any supplement thereto shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days, or both.

12-3.9 Municipal parking spaces. No person shall park at any time in spaces marked or designated by signs for police vehicles or city officials only.

12-3.10 Truck parking. No person shall park any truck at any time upon any of the streets or parts of streets thereof described in Schedule VII attached to and made a part of this chapter.

12-3.11 Handicapped parking.

	Pursuant to N.J.S.A. 40:48-2.46, which confers upon the Township the right to establish handicapped parking spaces in order to preserve and safeguard the public health, safety, morals and welfare, certain areas are hereby established within the Township, both on private property open to the public and on public streets and parking lots, and which shall be designated as handicapped parking spaces.
	Such areas shall be used by persons who have been issued special identification cards by the Division of Motor Vehicles. No other person shall be permitted to park in these spaces, described in Schedule VIII attached to and made a part of this chapter. Such spaces shall be marked by signs indicating that they are handicapped parking spaces in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways, adopted March 20, 1973, and filed with the New Jersey State Department on March 21, 1973.
	The operator of any vehicle parking in the restrictive parking area for handicapped persons and not having the required certificate pursuant to N.J.S.A. 39:4-206 shall be subject to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days’ community service on such terms and in such form as the court shall deem appropriate, or any combination thereof. [Amended 8-7-2005 by Ord. No. 2005-25]
	In addition to the imposition of the fine set forth herein, the police may authorize the towing of such vehicle and impoundment thereof, and the owner thereof is to be responsible for all towing, impoundment and storage costs, which charges shall be paid in full prior to the release from impoundment of any vehicle. The Municipal Court Judge may, upon establishment by appropriate medical proof that the operator of the vehicle was in fact handicapped but did not have the certificate as provided by N.J.S.A. 39:4-206 properly affixed to the vehicle, suspend the imposition of any fine; however, in the event that the vehicle was impounded, the owner and/or operator shall be required to pay all fees, charges and expenses relating to the towing storage and impoundment prior to the release of the vehicle as provided herein.

12-3.12 Street cleaning. (Reserved.)

12-3.12A. Parking of commercial and recreational vehicles.

[Added by Ord. No. 1996-9; amended by Ord. No. 1998-10; amended 5-26-2009 by Ord. No. 2009-4]

a. No person shall park or allow to remain standing a truck, tractor, trailer, bus or any other type of vehicle registered with a gross weight greater than 9,000 pounds, having a commercial registration, on any residential street, commercial or industrial street under the jurisdiction of the Township of Delran, or portion thereof, between the hours of 10:00 p.m. and 6:00 a.m.

b. No person shall park or allow to remain standing any house trailer, mobile home, camper or recreational vehicle, boat or personal watercraft or other type trailer upon any street or public right-of-way within the Township of Delran between the hours of 10:00 p.m. and 6:00 a.m.

c. No person or persons belonging to the same household within the Township of Delran shall park or allow to remain standing more than one vehicle with a gross weight equal to or less than 9,000 pounds, having a commercial registration or utilized for any commercial purposes, on any residential street under the jurisdiction of the Township of Delran, or portion thereof, between the hours of 10:00 p.m. and 6:00 a.m.

12-3.13 Towing. Any unoccupied vehicle, utility trailer, recreation trailer or any vehicle without motor power, parked or standing in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle, unless, in the opinion of the Municipal Judge, there were mitigating circumstances, in which case the Township shall bear the expense.

12-3.14 Parking of vehicles for display for sale prohibited. No person shall park or allow to remain standing vehicles for display for sale in the public right-of-way upon any of the streets or parts of streets described in Schedule XXIV attached to and made part of this chapter. Nothing in this provision shall prohibit a person from parking for display for sale their own vehicle on their own property adjacent to these streets or parts of streets.

[Added 8-7-2005 by Ord. No. 2005-25]

12-3.15 Commercial trailers containing rubbish and/or debris. No person shall park or allow to remain standing, upon any street or public right-of-way within the Township of Delran, any trailer used for any commercial or business purposes that contains rubbish, trash, garbage, junk, refuse, and/or debris unless said rubbish, trash, garbage, junk, refuse, and/or debris is situated inside a trailer which is completely and totally enclosed and no part of any such rubbish, trash, garbage, junk, refuse, and/or debris extends outside said enclosed area or areas of said trailer. As used in this section, the above terms shall refer to any unwanted or undesired material or substance for which no use is foreseen and which typically has very little or no intrinsic value.

[Added 5-26-2009 by Ord. No. 2009-5]

§ 12-4. Municipal parking areas.

(Reserved)

§ 12-5. Traffic.

12-5.1 Stop intersections. The intersections described in Schedule X attached to and made a part of this chapter are hereby designated as stop intersections. Stop signs shall be installed as provided herein.

[Amended by Ord. No. 1986-3; Ord. No. 1994-12]

12-5.2 Four-way stop intersections. Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule XI attached to and made a part of this chapter are hereby designated as four-way stop intersections. Stop signs and supplemental four-way panels shall be installed as provided herein.

12-5.3 Through streets. The streets or parts of streets described in Schedule XII attached to and made a part of this chapter are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street, except where yield signs are provided for in the designations.

[Amended by Ord. No. 2002-14]

12-5.4 Yield intersections. Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule XIII attached to and made a part of this chapter are hereby designated as yield intersections. Yield signs shall be installed as provided therein.

12-5.5 U-turns. No person operating a vehicle shall make a U-turn at the intersections and streets designated in Schedule XIV attached to and made a part of this chapter.

12-5.6 Right turn on red prohibited. There shall be no right turn on red on the streets described in Schedule XV attached to and made a part of this chapter. No-right-turn-on-red signs shall be installed.

§ 12-6. One-way streets.

The streets or parts of streets described in Schedule XVI attached to and made a part of this chapter are hereby designated as one-way streets in the direction indicated.

§ 12-7. No-passing zones.

[Amended by Ord. No. 1991-12; Ord. No. 1995-9; Ord. No. 1999-3]

No passing zones for both directions of traffic along the roadways listed in Schedule XVII shall be established as listed. Regulatory and warning signs shall be erected and maintained to effect the designated no-passing zones as authorized by the Department of Transportation.

§ 12-8. Trucks over five tons excluded from certain streets.

[Amended by Ord. No. 1985-6; Ord. No. 1987-7; Ord. No. 1999-3; Ord. No. 2000-15; 12-19-2007 by Ord. No. 2007-14]

Except for pickup and delivery of materials, commercial trucks over five tons’ registered gross vehicle weight are hereby excluded from the streets or parts of streets described in Schedule XVIII attached to and made a part of this chapter. This exclusion shall not apply to school buses while picking up or dropping off students nor to emergency vehicles while responding to emergency situations.

§ 12-9. Bus stops.

The locations described in Schedule XIX attached to and made a part of this chapter are hereby designated as bus stops.

§ 12-10. Taxi stands.

The locations described in Schedule XX attached to and made a part of this chapter are hereby designated as taxi stands.

§ 12-11. Speed limits.

[Amended by Ord. No. 1989-3; Ord. No. 1994-14]

The streets or parts of streets described in Schedule XXI attached to and made a part of this chapter shall have the speed limits as set forth therein. Regulatory and warning signs shall be erected and maintained, as required by the New Jersey Department of Transportation.

§ 12-12. No bus parking.

[Amended by Ord. No. 2000-7]

No buses shall be permitted to park at any time upon any of the streets or parts of streets described in Schedule XXII attached to and made a part of this chapter.

§ 12-13. Traffic control signals.

[Added 8-24-2004 by Ord. No. 2004-12]

Traffic control signals shall be installed and operated at the intersections listed in Schedule XXIII, attached to and made a part of this chapter. The traffic signal installation shall be in accordance with the provisions of an Act Concerning Motor Vehicles and Traffic Regulations, Subtitle 1 of Title 39 of the Revised Statutes, and shall conform to the design and shall be maintained in operation as authorized by the Department of Transportation.

§ 12-14. Penalty.

Unless another penalty is provided by New Jersey statute, every person convicted of a violation of the provisions of this chapter or any supplement thereto shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days, or both.

In addition, persons convicted of a moving violation shall be subject to loss of driver’s license and shall be reported to the State Division of Motor Vehicles for the assessment of points and such further actions as may be provided by that Division.

Chapter 12A. SUMMERHILL DEVELOPMENT

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1995-10 (Ch. XIIA of the 1993 Revised General Ordinances); amended in its entirety 7-28-2009 by Ord. No. 2009-8. Amendments noted where applicable.]

GENERAL REFERENCES

Traffic — See Ch. 12.

Mill Run Commons — See Ch. 12B.

The Grande Development — See Ch. 12C.

§ 12A-1. Provisions of Title 39 applicable.

The provisions of Subtitle 1 of Title 39 of the Revised Statues of the State of New Jersey are applicable to the semipublic streets, driveways, and parking lots at the townhome complex known as “Summerhill.”

§ 12A-2. General parking.

A. All vehicles must park in designated areas between the lines provided.

B. No person shall stop or stand a vehicle upon any of the streets or parts of streets described below and as indexed on the attached site plan.

	Name of Street:
	Bayberry Lane
	Beechcrop Court
	Bellflower Court
	Columbine Place
	Dewberry Lane
	Firethorn Lane
	Foxglove Drive
	Heather Glen Lane
	Larkspur Court
	Lilyberry Place
	Meadow Lane
	Millers Run
	Periwinkle Lane
	Primrose Place
	Rockcress Place
	Rosebay Court
	Snowberry Lane
	Sun Haven Place
	Weatherly Road
	Wildflower Place
	Winterberry Place
	Woodcrest Lane
	Woodrush Court

C. No person shall stop or stand a vehicle within 154 feet of the intersection of Willow Bend Drive and Grande Boulevard along the southerly side of Grand Boulevard west of the intersection.

D. No person shall stop or stand a vehicle within 55 feet of the intersection of Willow Bend Drive and Summerhill Drive along the northerly side of Summerhill Drive west of this intersection.

E. No person shall stop or stand a vehicle along the northerly curbline of Summerhill Drive between its intersection with Willow Bend Drive and Dewberry Lane.

§ 12A-3. Vehicles over designated weight excluded from certain streets.

Vehicles over the registered gross weight of four tons are hereby excluded from the streets or parts of streets described, except for the pickup and delivery of materials on such streets: entire complex.

§ 12A-4. Through streets and stop intersections.

A. Through streets. The following streets or parts of streets are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street, except where yield signs are provided for in the designation.

	Name of Street	Limits
	Amberfield Drive	Teaberry Lane to the easterly intersection with Springcress Drive
	Snowberry Lane	Entire length
	Springcress Drive	From its northern intersection with Amberfield Drive
	Summerhill Drive	Hartford Road (counterclockwise) to its southerly intersection with Summerhill Drive

B. Stop intersections. The following described intersections are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

	Intersection	Stop Signs On
	Amberfield Drive and Teaberry Drive	Amberfield Drive
	Bayberry Lane and Winterberry Place	Bayberry Lane
	Hartford Road and Summerhill Drive	Summerhill Drive
	Lilyberry Lane and Columbine Place	Lilyberry Lane
	Millers Run and Hartford Road	Millers Run
	Millers Run and Millers Run	Millers Run (terminus)
	Primrose Place and Larkspur Court	Larkspur Court
	Primrose Place and Meadow Lane	Meadow Lane
	Rockcress Place and Periwinkle Lane	Periwinkle Lane
	Rockcress Place and Woodrush Court	Woodrush Court
	Snowberry Lane and Bayberry Lane	Snowberry Lane
	Sun Haven Place and Firethorn Lane	Sun Haven Place
	Sun Haven Place and Weatherly Road	Sun Haven Place
	Woodcrest Lane and Heather Glen Lane	Heather Glen Lane

§ 12A-5. Speed limits.

A. The speed limit for both directions of traffic in the parking lot(s) shall be 15 miles per hour (mph).

B. The speed limit for both directions of travel on the following roadways is:

Name of Roadway	Speed Limit (mph)	Limits
Amberfield Drive	25	Entire length
Aster Court	15	Entire length
Autumnwood Road	25	Entire length
Bayberry Lane	15	Entire length
Beechcrop Court	15	Entire length
Bellflower Court	15	Entire length
Columbine Place	15	Entire length
Creekdale Drive	15	Entire length
Dewberry Lane	15	Entire length
Firethorn Lane	15	Entire length
Foxglove Drive	15	Entire length
Heather Glen Lane	15	Entire length
Larkspur Court	15	Entire length
Lilyberry Place	15	Entire length
Meadow Lane	15	Entire length
Millers Run	15	Entire length
Periwinkle Lane	15	Entire length
Primrose Place	15	Entire length
Rockcress Place	15	Entire length
Rosebay Court	15	Entire length
Snowberry Lane	15	Entire length
Springcress Drive	25	Entire length
Summerhill Drive	25	Entire length
Sun Haven Place	15	Entire length
Teaberry Lane	25	Entire length
Weatherly Road	15	Entire length
Wildflower Place	15	Entire length
Winterberry Place	15	Entire length
Woodcrest Lane	15	Entire length
Woodrush Court	15	Entire length

C. Regulatory and warning signs shall be erected and maintained to effect the above-designated speed limits authorized by the Department of Transportation.

§ 12A-6. Towing of vehicles.

Any vehicle parked and standing so as to obstruct or impede a normal flow of traffic, block entrances or exitways, loading zones, oil fills, any grassy area or pedestrian walkway or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owner’s or operator’s expense.

§ 12A-7. Signs.

All signs, posts or other necessary materials shall be installed and paid for by the applicant. All signing shall conform to the current Manual on Uniform Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.

§ 12A-8. Violations and penalties.

Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of this chapter or any supplement thereto shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days, or both.

Chapter 12B. MILL RUN COMMONS

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1995-25 (Ch. XIIB of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Traffic — See Ch. 12.

Traffic regulations in Summerhill Development — See Ch. 12A.

§ 12B-1. General parking.

All vehicles must park in designated areas and between the lines provided.

§ 12B-2. Handicapped parking.

All stalls shall be 12 feet wide as shown on the attached site plan Editor’s Note: The site plan is on file in the office of the Township Clerk. and signed with R7-8 and R-8P (reserved parking sign and penalty plate) in the designated parking areas for persons who have been issued handicapped parking permits by the Division of Motor Vehicles.

§ 12B-3. Speed limits.

A. The speed limit for both directions of traffic in the parking lots shall be 15 miles per hour (mph).

B. Regulatory and warning signs shall be erected and maintained to effect the above-designated speed limits authorized by the Department of Transportation.

§ 12B-4. Towing of vehicles.

Any vehicle parked or standing so as to obstruct or impede a normal flow of traffic, block entrances or exitways, loading zones, oil fills, any grassy area or pedestrian walkway or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owner’s or operator’s expense.

§ 12B-5. Signs.

All signs, posts or other necessary materials shall be installed and paid for by the applicant. All signs shall conform to the current Manual on Uniform Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.

§ 12B-6. Violations and penalties.

Chapter 12C. THE GRANDE DEVELOPMENT

[HISTORY: Adopted by the Township Council of the Township of Delran 10-27-2009 by Ord. No. 2009-16. Amendments noted where applicable.]

GENERAL REFERENCES

Traffic — See Ch. 12.

Summerhill Development — See Ch. 12A.

Mill Run Commons — See Ch. 12B.

§ 12C-1. Provisions of Title 39 applicable.

§ 12C-2. General parking.

A. All vehicles must park in designated areas between the lines provided.

B. No person shall stop or stand a vehicle upon any of the streets or parts of streets described below and as indexed on the attached site plan.

	Name of Street:
	Castleton Road
	Dorchester Drive
	Nottingham Place
	Hawthorne Way
	Huntington Drive

§ 12C-3. Vehicles over designated weight excluded from certain streets.

§ 12C-4. Through streets and stop intersections.

	Name of Street	Limits
	Castleton Road	Moorestown Bridgeboro Road to Grande Boulevard
	Dorchester Drive	Castleton Road
	Huntington Drive	Castleton Road

§ 12C-5. Speed limits.

A. The speed limit for both directions of traffic in the parking lot(s) shall be 15 miles per hour (mph).

B. The speed limit for both directions of travel on the following roadways is:

Name of Roadway	Speed Limit (mph)	Limits
Castleton Road	25	Entire length
Dorchester Drive	25	Entire length
Hawthorne Way	25	Entire length
Huntington Drive	25	Entire length
Nottingham Place	25	Entire length

C. Regulatory and warning signs shall be erected and maintained to effect the above-designated speed limits authorized by the Department of Transportation.

§ 12C-6. Towing of vehicles.

§ 12C-7. Signs.

§ 12C-8. Violations and penalties.

Chapter 20. ADMINISTRATION OF GOVERNMENT

[HISTORY: Adopted by the Township Council of the Township of Delran as Ch. II of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Substandard Housing Committee — See Ch. 48.

Article I. Title

§ 20-1. Short title.

This chapter shall be known as the “Administrative Code of the Township of Delran.”

Article II. Mayor

§ 20-2. General responsibilities.

The position of Mayor within the governmental framework of the Township of Delran is a position possessing great duties and responsibilities for the proper, efficient operation of the government of Delran. The party holding the position of Mayor must exercise all powers and duties with a sense of responsibility and purpose. As the chief executive and administrative officer of the community, the Mayor possesses the first link of communication with the general population and is directly responsible for the orderly provision of governmental services to each individual within the Township. In general, it is the duty of the Mayor to establish programs, agencies and organizations designed to provide governmental services in an efficient and appropriate manner.

§ 20-3. Election and term.

The Mayor shall be elected by the voters of the Township at a regular municipal election and shall serve for a term of four years beginning on the first day of July, next following his or her election.

§ 20-4. Qualifications.

Any person who desires or who shall be elected to the position of Mayor, as an elected official within the Township, shall reside within the Township, and removal from the Township shall constitute grounds for vacation of this office.

§ 20-5. Compensation.

The Mayor shall receive such compensation as the Township Council, by ordinance, shall provide.

§ 20-6. Duties and powers.

[Amended by Ord. No. 2000-11]

A. Executive power. The executive power of the Township shall be exercised by the Mayor.

B. Enforcement of ordinances and Charter. The Mayor shall enforce the Charter, ordinances of the Township and all general laws applicable thereto.

C. Annual report. The Mayor shall annually report to the Council and the public on the work of the previous year, and on the condition and requirements of the Township government and shall, from time to time, make such recommendations for action by the Council as he or she may deem in the public interest.

D. Departmental supervision. The Mayor shall supervise all the departments of the Township government, and shall require each department head to make annual and such other reports of his or her work as he or she may deem desirable.

E. Approval or veto of ordinances. Ordinances adopted by the Council shall be submitted to the Mayor, and he or she shall, within 10 days after receiving any ordinance, either approve the ordinance by affixing his or her signature thereto, or return it to the Council by delivering it to the Township Clerk, together with a statement setting forth his or her objections thereto, or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the Mayor’s approval unless the Mayor fails to return an ordinance to the Council within 10 days after it has been presented to him or her, or unless Council, upon reconsideration thereof, on or after the third day following its return by the Mayor shall, by vote of two-thirds of the members, resolve to override the Mayor’s veto.

F. Attendance at meetings. The Mayor may attend meetings of Council and may take part in discussions of Council, but shall have no vote, except in the case of a tie on the question of filling a vacancy in the Council, in which case he or she may cast the deciding vote.

G. Appointments. The Mayor, with the advice and consent of Council, shall appoint all officers and employees for whose election or appointment no other provision is made by the Charter or ordinance and, in addition, shall make the following specific appointments:

(1) Department directors. The Mayor, with the advice and consent of Council, shall appoint each department director.

(2) Planning Board. The Mayor shall appoint Class II and Class IV appointees to the Planning Board upon the expiration or termination of the terms of these members. Editor’s Note: Original Sec. 2-2.5g3, regarding the Welfare Board, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Other appointees. The Mayor shall appoint such other appointees as the Council may subsequently provide by ordinance or state law may require.

H. Recommendation of a budget. The Mayor, on or before the 15th day of January of each year, shall submit to the Council his or her recommended budget, together with such explanatory comments or statements as he or she may deem appropriate. The budget shall conform to the requirements of law and shall be prepared by the Mayor with the assistance of the Business Administrator. In this connection, during the month of November, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor or the Business Administrator for a public hearing, which shall be held during that month on the various requests involved. The budget in question shall additionally have appended thereto a detailed analysis of the various items of expenditure and revenue. Council, in reviewing this budget, may reduce any item or items by vote of the majority of Council, but any increase in any item or items therein shall become effective only upon the vote of two-thirds of the members of Council, pursuant to the requirements of N.J.S.A. 40:69A-46.

I. Removal from office. The Mayor, in his or her discretion, may remove any department head after notice of opportunity to be heard. Prior to removing a department head, the Mayor shall first file written notice of his or her intention with Council. Such removal shall become effective on the 20th day after the filing of such notice, unless Council shall, prior thereto, adopt a resolution by a vote of two-thirds of the whole membership of the Council disapproving the removal.

J. Business Administrator severance pay. The Business Administrator shall be entitled to a three months’ written notice prior to his or her removal or nonreappointment. In the event that the Mayor determines that the removal shall be immediate or that he or she does not provide the three months’ written notice of nonreappointment, then the Administrator shall be paid for any unpaid balance of his or her salary plus his or her salary for a maximum of the next three calendar months following the effective date of the Mayor’s action unless the removal is for good cause as defined in N.J.S.A. 40:69A-43(c).

§ 20-7. Acting Mayor.

Pursuant to the provisions of N.J.S.A. 40:69A-42, the Mayor shall designate the Business Administrator, any other department head, or the Township Clerk to act as the Mayor whenever the Mayor shall be prevented by absence from the Township, disability or other cause from attending to the duties of his or her office. During such time, the person so designated by the Mayor shall possess all of the rights, powers and duties of Mayor. Whenever the Mayor shall have been unable to attend the duties of his or her office for a period of 60 consecutive days for any of the above stated reasons, the Acting Mayor shall be appointed by Council and shall succeed to all of the rights, powers and duties of the Mayor or the then Acting Mayor.

§ 20-8. Filling of vacancies.

Whenever a vacancy in any office is required by the Charter or this chapter to be filled by the Mayor with the advice and consent of Council, and there is no holdover incumbent, a Mayor may temporarily fill such vacancy in the absence of any contrary provision of the Charter or Township ordinance by appointing an acting officer, including the designation of himself or herself as Acting Business Administrator, in the event of a vacancy in that office. Such appointee shall have all of the functions, powers and duties of the office until it shall be filled permanently. Any such appointment shall terminate not later than 30 days after the date of appointment, unless the Council, by resolution, authorizes one or more extensions of such thirty-day period.

§ 20-9. Removal from office.

Except for the violation of N.J.S.A. 40:69A-163 through 40:69A-165, the Mayor may be removed from office only under the recall provisions particularly established under N.J.S.A. 40:69A-168 et seq.

Article III. Township Council

§ 20-10. Legislative power.

All legislative power of the Township shall be exercised by the Township Council pursuant to the Charter and the general provisions of law.

§ 20-11. Organization of Council.

The Township Council shall organize during the first week of July. Until a President of Council is selected by the new Council, the President of Council of the preceding year shall act in that capacity. In the event that the preceding President of Council is no longer a member of the Township Council, the member of Council at large whose first initial of his or her last name is first in the alphabet will act as the temporary presiding officer of the organization meeting. Subsequent to the qualification of newly elected members of the Township Council, the Council, from among its members, shall select a President of Council. Subsequent to his or her election, the President of Council shall proceed to act as presiding officer of the organization meeting. The agenda for the organization meeting shall consist of the appointments of all members of committees of the Council, followed by all appointments which are to be made by the Council. After the above referred to appointments have been made, the Council shall next consider such general resolutions or ordinances determining items of general concern as are normally resolved at an organization meeting.

§ 20-12. President of Council.

A. Term. The President of Council shall hold this office for a term of one year or until his or her successor is appointed and qualified.

B. Compensation. The President of Council shall receive such compensation as the Council shall fix and determine by ordinance.

C. Duties and powers.

(1) Presiding officer. The President of Council shall preside at all meetings of the Council.

(2) Parliamentary questions. The President of Council, as the Council’s presiding officer, shall be the chief parliamentary officer of Council, and in the event of a dispute, shall refer the dispute to the Law Department. The President of Council shall have the responsibility to state every question coming before the Council, announce the decisions of Council and determine the order of the matters to be considered by Council.

(3) Vote. The President of Council may vote on all questions coming before Council; however, his or her name shall be called last upon a roll call vote.

(4) Appointment of Council committees. The President of Council shall appoint all standing and special committees within Council, with the advice and consent of Council.

(5) Execution of documents. The President of Council, or Vice President in his or her absence, shall sign all ordinances and resolutions adopted by the Council.

(6) Decorum. The President of Council shall be responsible for the preservation of order and decorum at all meetings of Council.

(7) Other duties. The President of Council shall perform such other duties as Council shall determine by resolution.

§ 20-13. Vice President of Council.

A. Election. The Township Council, at its organization meeting, shall elect a Vice President of Council from among its members.

B. Term. The Vice President of Council shall hold this office for a term of one year or until a successor is appointed and qualified.

C. Compensation. The Vice President of Council shall receive no additional compensation by virtue of his or her position as Vice President of Council.

D. Duties and powers. The Vice President of Council shall have all the duties and powers of the President of Council in the event of the absence of the President of Council.

§ 20-14. Council organization.

A. General organization. The Township Council shall be composed of five elected members who, through the performance of their various duties and the exercise of their various powers, shall operate the legislative branch of the Township government.

B. Election and term. Members of the Council shall be elected at a general election for a term of four years to begin on the first day of July next following their election, except as may be provided by the provisions of N.J.S.A. 40:69A-34.3. Council shall consist of one Council member elected from each of the three wards of the Township and two Council members to be elected at large. Members of Council shall be elected as provided by law. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Qualifications. All members of Council shall reside within the Township. Removal from the Township shall terminate a Council member’s term of office. In addition, a member of Council elected from any particular ward shall reside within that ward, and removal from that ward shall terminate his or her term of office.

D. Compensation. The members of Council shall be paid in accordance with the salary schedule of the Township.

E. Vacancies. Until the qualification of a person pursuant to the provisions of N.J.S.A. 40A:16-4 and 40A:16-5, any vacancy in an elected office shall be filled temporarily by the Township Council. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Recall or removal. Except for violations of the provisions of N.J.S.A. 40:69A-163 through 40:69A-165, a person elected to the Council can be removed from office only through use of the provisions for recall outlined in N.J.S.A. 40:69A-168 et seq.

§ 20-15. Duties and powers.

A. Meetings. Each Council member shall have the duty of attending all regular and special meetings of the Council, except where good cause is shown.

B. Legislative power. The Council has the duty to pass, by motion, resolution or ordinance, general and special legislation to enact programs and policies to be determined by the Council as a body to be appropriate for the operation and progress of the Township. With regard to ordinances, the Council shall follow the procedures set forth in § 20-17.

C. Supervision and investigation. In order to properly carry forth a legislative program, the Council shall possess general supervisory and investigatory powers to ensure that conditions existing either within the Township government or within the Township at large are identified and programs necessary to correct such conditions are instituted. In this regard, Council shall have the following enumerated powers:

(1) Report. The Council may require any Township officer, in its discretion, to prepare and submit sworn statements regarding his or her official duties and the performance thereof, and to investigate conduct of any department, office or agency of the Township government pursuant to the provisions of N.J.S.A. 40:69A-37(a).

(2) Removal. The Council may remove any Township officer, other than the Mayor or any member of Council, for cause, upon notice and an opportunity to be heard pursuant to the provisions of N.J.S.A. 40:69A-37(b).

D. Financial control. The Council, through the exercise of its discretion with regard to the budget prepared and presented by the Mayor, shall exercise financial control over Township expenditures in addition to the systems outlined under N.J.S.A. 40:69A-47 and 40:69A-48. The Council shall provide for systems and procedures to ensure that proper financial management shall exist within the Township. In the exercise of this duty, the Council may periodically investigate aspects of the Township government to determine whether proper financial management has occurred.

E. Appointments.

(1) Nominations by the Mayor. The Council, with due diligence, shall offer its advice and consent to the nominations of the Mayor where such consent and advice is required by provisions of Township ordinance, state law or Township Charter. In the event that the Council has not confirmed or rejected a nominee suggested by the Mayor within 30 days from submission, at a regular Council meeting, of the nominee by the Mayor, such nomination shall be deemed rejected. The Council, in the exercise of its investigatory powers, may cause any nominee to appear before the Council and ask questions concerning his or her general qualifications for the position for which he or she has been nominated. Nothing herein contained shall be deemed to prevent the Mayor from resubmitting the same nominee on several occasions to the Council.

(2) Planning Board. The Council, pursuant to the provisions of N.J.S.A. 40:55D-23, shall appoint Class III members to the Planning Board. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Board of Assessors. The Council shall appoint, pursuant to the provisions of N.J.S.A. 40:56-21, the members of the Board of Assessors.

(4) Zoning Board of Adjustment. The Council, pursuant to the provisions of N.J.S.A. 40:55D-69, shall appoint all members of the Zoning Board of Adjustment. There shall also be two alternate members of the Zoning Board of Adjustment, to be appointed by Council, who shall be designated by the Chairperson of the Zoning Board of Adjustment as Alternate No. 1 and Alternate No. 2. Such alternate members shall serve in rotation during the absence or disqualification of any regular member or members. Such alternates shall have the power of discussion but no vote, except where they are serving in the absence or disqualification of any regular member or members. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) Sewerage Authority. The Council, pursuant to N.J.S.A. 40:14A-4(a), shall appoint all members of the Sewerage Authority.

(6) Township Auditor. The Council, pursuant to N.J.S.A. 40A:5-4, shall appoint the Township Auditor for a one-year term.

(7) Township Clerk. The Council, pursuant to N.J.S.A. 40:69A-38, shall appoint the Township Clerk.

(8) Others. Where the provisions of state law, Township ordinance or Township Charter shall provide for the filling of any appointment by the Township Council, Council, in exercise of its discretion, shall promptly fill such position.

§ 20-16. Rules and regulations.

A. Meetings of Council.

(1) Regular meetings. Except for its reorganizational meeting during the first week of July each year, the Council shall meet regularly at the Township municipal building, on such dates and times as established by the Council by resolution, except that when such days fall on a holiday, the regular meeting shall be held on such date as Council shall determine and publicly advertise.

(2) Special meetings. The Mayor may, or upon the written request of the majority of the members of Council shall, call a special meeting of the Council. In the call, the Mayor shall designate the purpose of the meeting, and no further business shall be considered, except upon the written request of a majority of the members of Council. The call for a special meeting shall be filed with the Township Clerk and served upon each member of the Council, as hereinafter provided, at least 24 hours prior to the time for which the meeting is called, provided that the Mayor may determine that an emergency exists affecting the health, safety or welfare of the people which requires consideration by the Council within a shorter time. Upon such a determination, the facts supporting the emergency shall be set forth in the call. The call shall be filed with the Township Clerk any time not less than three hours prior to the time set for the meeting. Upon filing the call for a special meeting, the Township Clerk shall forthwith give notice thereof by telephone or telegraph to each Council member at such place as he or she shall have previously designated for that purpose and shall also serve or cause to be served a written copy of the call upon each committee member by delivery of a copy to him or her personally or by leaving at his or her usual place of abode. The Police Department shall cooperate with the Township Clerk in effectuating such service of notice. Upon receipt of waiver of notice from all members of the Council, a special meeting may be held without prior notice notwithstanding the above provisions of this section.

(3) Executive caucus. Where it shall be deemed necessary and in the interest of the Township, the President of Council may call the Council into executive caucus. No official business of the Council shall be conducted in an executive caucus. The Council may not authorize or perform any act which requires action by the Council during such caucus.

B. Rules of procedure.

(1) Roberts Rules adopted. Except as may be otherwise provided by the provisions of this section, Township ordinance, resolution or motion, or the provisions of state law, the rules or procedure to be followed by the Council in the conduct of its affairs shall be in accordance with the latest revised edition of Roberts Rules of Order.

(2) Amendment to the rules. Amendment to the rules of procedure shall require the four-fifths majority vote of the whole number of the members of the Council.

(3) Open meetings. All regular and special meetings of the Council shall be open to the public.

(4) Quorum. A majority of the whole number of the members of the Council shall constitute a quorum, but no ordinance shall be adopted by the Council without the affirmative vote of a majority vote of a majority of all the members of Council. If a majority of quorum is not present one-half hour after the appointed time for any meeting, the President of Council or, in his or her absence, the Vice President of Council may declare the meeting adjourned to a time certain or the next regularly schedule meeting of the Council.

(5) Roll call votes. The vote upon every motion, resolution or ordinance shall be taken by roll call, and the yeas and nays shall be entered on the minutes. Voting on roll call shall be based upon a roll call maintained by the Township Clerk and it shall be established at the organization meeting of the Council. The order of the roll shall be determined by seniority on the Council; and in the event that there is equal seniority, by alphabetical order, except that the President of Council and the Vice President of Council shall vote last.

(6) Minutes. The Township Clerk shall keep a journal of all Council procedures and record the minutes of every meeting. All the minutes shall be reduced to written form and submitted to the Council at least one week prior to the next regular meeting. Subsequent to approval by the Council at the next regular or special Township meeting, the minutes shall be signed by the President of Council, or the Vice President if the Vice President was presiding, and, along with the sound recordings of the meeting, shall be conclusive as to the proceedings conducted at the meeting for which the minutes were taken. Copies of approved minutes shall be forwarded by the Clerk to the Auditor, Solicitor, Engineer and all department heads, and additionally a copy shall be posted on the bulletin board of the Township.

(7) Agenda. The agenda for each meeting of the Council shall be prepared by the Township Clerk. Except for important or timely matters which may be added to the agenda at any time with the approval of the majority of Council members present, the agenda for each meeting of Council shall include only such matter of Council business as has been presented or delivered to the Township or to the Township Clerk three days preceding the meeting. As soon as the agenda of each meeting has been prepared, the Township Clerk shall have delivered a copy of the agenda to each Council member, the Mayor, the Business Administrator and any department head affected by any business to be discussed. Copies of the agenda shall be promptly mailed by the Township Clerk to the Township Solicitor, the Township Engineer, the Township Auditor and any department head affected by any business to be discussed. Copies of each proposed ordinance and resolution shall also be distributed as set forth in § 20-17B, along with the agenda. The Township Clerk shall promptly distribute copies to the press and interested citizens in accordance with the provisions of N.J.S.A. 10-4.8 and 10-4.9. A copy of each agenda shall be posted on the bulletin board of the municipal building three days prior to the meeting thereof. As set forth on the agenda, the business of the Council at each regular meeting shall be taken up for consideration and disposition in the following order:

(a) Call to order and roll call to determine call.

(b) Flag salute.

(d) Acceptance of bids or awarding of contracts.

(e) Ordinances, second reading.

(f) Ordinances, first reading.

(g) Resolutions.

(h) Motions.

(i) Reports of officials other than Mayor.

(j) Mayor’s announcements.

(k) Reports of Engineer and Solicitor.

(l) Reports of Council members or Council committees.

(m) Correspondence.

(n) Public portion of meeting.

(o) Motion for adjournment.

(8) Rules of debate.

(a) Debate and vote by presiding officer. The President or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are imposed by these rules on all members, and shall not be deprived of any of the rights and privileges of a Council member by reason of his or her acting as the presiding officer.

(b) Getting the floor; improper references. Every member desiring to speak shall address the chair, and, upon recognition by presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

(c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him or her to order or as herein otherwise provided. If a member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed.

(d) Closing debates. The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(e) Motion to reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; and it shall be debatable. Nothing herein contained shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council.

(f) Remarks of Council members; entering in minutes. A Council member may request, through the presiding officer, the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. The Council member making the request shall provide the abstract for inclusion in the record. If the Council consents thereto, such statement shall be entered in the minutes.

(g) Synopsis of debate; entering in minutes. The Township Clerk may be directed by the presiding officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming before the Council.

(h) Motion to adjourn. A motion to adjourn shall always be in order and shall be decided without debate.

(i) Voting determination. Unless a member of Council states upon the call of the roll that he or she is not voting, his or her silence shall be recorded as an affirmative vote. If a member of Council enters on the record his or her abstention from vote, such abstention shall be counted neither as a nay nor a yea in any case. In the event of a tie vote with or without abstentions, the matter which is the subject of the vote shall be considered to have failed.

(j) Enforcement of decorum. The President of Council may request the Police Department to designate a police officer to serve as sergeant-at-arms at Council meetings. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council meetings, and it shall be his or her duty to place any person under arrest who violates the order and decorum of a meeting and to cause him or her to be prosecuted under the provisions of this section upon a complaint signed by the presiding officer.

§ 20-17. Ordinances, resolutions and motions.

A. Preparation. All ordinances and resolutions shall be prepared by the Department of Law upon the direction of the Council or Mayor. Motions may be prepared by the Department of Law upon the direction of the Council or may be prepared by any Council member. Motions shall be confined to procedural matters and shall not deal with substantive matters of regulation. All ordinances and resolutions shall be in written form. Motions may either be written or oral in their form.

B. Reference to departments and Council. Except where this provision is waived by a majority vote of the whole membership of the Council, all ordinances and resolutions shall be submitted to members of the Council and to the Mayor at least three days prior to introduction. At least three days prior to introduction, each proposed ordinance requiring or permitting administrative actions shall be submitted to the Business Administrator and the department head concerned, each of whom may submit to the Council an opinion, in written form, as to the administrative implications of the proposed ordinance or resolution.

C. Introduction. Where the consideration of any ordinance, resolution or motion is upon the agenda, any such ordinance, resolution or motion may be introduced by any member of Council. Each such ordinance, resolution or motion shall be limited to a single subject which shall be expressed in its title or which may be readily ascertainable by its context. After introduction upon first reading of an ordinance it shall be referred to the standing committee responsible, if such a committee exists, for the subject matter contained therein as determined by the President of Council for a written report prior to consideration of such ordinance for second and final reading.

D. Enactment clause. All ordinances shall be enacted with the following clause: “Be it ordained and enacted by the Township Council of the Township of Delran, County of Burlington, State of New Jersey.”

E. Numbering. All ordinances and resolutions shall be numbered prior to introduction indicating the year of adoption, the number of the ordinance in sequence of ordinances adopted in any year, and a letter designating the ordinance first, second or subsequent draft thereof. Ordinances shall be drafted using appropriate section numbers to key in the existing Code of the Township.

F. Passage. Except as may be otherwise provided by law for ordinances dealing with specific subject matters, all ordinances after having been introduced and passed upon first reading, which first reading may be by title, shall be published at least once in an official newspaper of the Township together with a notice of introduction thereof and the time and place when and where it will be further considered for final passage. There shall be at least one publication of such ordinance, which shall occur at least one week prior to the time fixed for further consideration and final passage. The Township Clerk shall post upon the bulletin board maintained within the Township building a full copy of the ordinance and shall make available to the general public copies of such ordinance. At the time set for final passage, or any adjournment thereof, any persons interested shall be given an opportunity to be heard concerning the ordinance. Final passage of any such ordinance shall be at least 10 days after introduction. Reading of the ordinance at the meeting set for final passage shall be by title, and any member of Council may move for adoption of such ordinance.

G. Mayor’s action. Each ordinance passed by Council shall be promptly delivered by the Clerk to the Mayor. The Mayor then shall either sign or veto such ordinance, then return it to the Clerk. In the event that the Mayor neither signs nor vetoes such ordinance, the ordinance shall be considered adopted after the expiration of 10 days from the date of delivery to the Mayor. With regard to ordinances, the Mayor shall exercise his or her obligations pursuant to N.J.S.A. 40:69A-41(a).

H. Effect. No ordinance other than the local budget ordinance shall take effect less than 20 days after final passage by Council and approval by the Mayor, unless Council shall adopt a resolution declaring an emergency and at least two-thirds of all members of Council vote in favor of such resolution.

I. Passage over veto. The Council shall consider any ordinance returned by the Mayor without his or her approval pursuant to the Charter. Such reconsideration of the ordinance, or any item or part thereof from which the Mayor has withheld approval, shall be at the next regular meeting of Council following the return of the ordinance by the Mayor. Whenever an ordinance has been reconsidered by the Council following a veto by the Mayor, the Clerk shall attach to such ordinance a certificate, of the action of the Council upon such reconsideration in substantially the following form:

	“I HEREBY CERTIFY that the above Ordinance adopted by Council on the _____ day of __________, ____ was delivered to the Mayor on the _____ day of __________, _____, and was returned to me on the _____ day of ___________, _____, together with the Mayor’s statement of the reasons for which he or she was constrained to withhold his or her approval of such Ordinance, item or part thereof. On reconsideration thereof on the _____ day of ___________, _____, (the Council duly resolved by the affirmative vote of two-thirds of its members to enact such Ordinance, item or part thereof notwithstanding the Mayor’s vote.) or (the Mayor’s veto was sustained.)
	DATED:
		CLERK”

J. Ordinances not returned by the Mayor. Whenever an ordinance shall take effect without the Mayor’s signature by reason of his or her failure to return it to the Council by filing it with the Clerk within 10 days after it has been presented to him or her, the Clerk shall attach to such ordinance a certificate in substantially the following form:

	“I HEREBY CERTIFY that the above Ordinance was adopted by the Council on the _____ day of __________, _____, and was presented to the Mayor duly certified on the _____ day of __________, _____, and upon his or her failure to sign it or return it and file it with the Clerk within 10 days thereafter, the said Ordinance took effect in like manner as if the Mayor had signed it.
	DATED:
		CLERK”

§ 20-18. Removal from office.

A motion for removal shall set forth the alleged cause for removal making specific charges, and provide for notice and an opportunity to be heard to the affected officer. The Township Clerk shall forthwith cause a copy of the motion for removal, together with a statement of the causes and charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. A hearing shall be held not less than 10 days nor more than 15 days after the date of such service and may be adjourned from time to time. Such hearing shall be open to the public, and the officer charged shall be entitled to be represented by his or her own counsel. Following the conclusion of hearing, the President of Council shall call for a vote on the motion which shall be determined by a majority vote of the Council. All removals from office or position shall be in accordance with law. Editor’s Note: Former Sec. 2-4, Code of Ethics, which consisted of Subsections 2-4.1 through 2-4.14, which previously followed this section, was repealed 12-22-1993 by Ord. No. 1993-14. Said Ord. No. 1993-14 also abolished the Delran Township Ethical Standards Board and provided that all matters now pending before the Delran Township Ethical Standards Board be transferred to the New Jersey Local Finance Board for disposition.

Article IV. Personnel Code

§ 20-19. Personnel policies.

[Amended by Ord. No. 1994-10]

The Council hereby declares the following principles to constitute the personnel policy of the Township of Delran:

A. The New Jersey State Civil Service Law and the Civil Service Rules of the State of New Jersey, which are applicable to municipalities, provide the basic framework for employment in the Township government.

B. Employment in the Township government shall be based on merit and fitness, free of personal and political considerations.

C. Just and equitable incentives and conditions shall be established and maintained in order to promote efficiency and economy in the operation of the Township government.

D. Positions with senior duties and responsibilities shall be classified and compensated on a uniform basis.

E. Appointments, promotions and other personnel actions requiring the application of the merit principle shall be based on systematic tests and evaluations of knowledge and performance, and, where appropriate, these shall be carried out through the Township’s participation in the New Jersey State Civil Service System.

F. Every effort shall be made to stimulate high morale by fair administration of this section, and by consideration of the rights and interests of employees, consistent with the best interest of the public and the Township.

G. Continuity of employment shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work and availability of funds.

H. Qualified Township residents shall be given first consideration for vacancies and new positions, where permitted by law.

I. All applicants for appointment to or for promotion within the Police Department shall be qualified for appointment or promotion as required by law, ordinance and Civil Service rules and regulations. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(1) All applicants for appointment shall be classified in accordance with N.J.S.A. 40A:14-123.1a as follows:

(a) Municipal residents.

(b) County residents.

(d) Other qualified applicants.

(2) Such residency shall be maintained from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

§ 20-20. Abolition or modification of positions.

The Council may, by ordinance, abolish, increase, decrease or modify the terms and compensation of any office of the Township, except that the Council may not abolish or alter the terms of an office that has been, or is, created by general law. Except where an office is abolished, no decrease or modification of its terms and compensation shall affect any incumbent holding such office for the duration of the term for which he or she was appointed.

§ 20-21. Allocation of classified and unclassified services.

A. General allocation. All offices and positions of the Township shall be and are hereby allocated to the classified service and unclassified service.

B. Unclassified service. The unclassified service shall include the following:

(1) All elected officials and members of citizen boards and committees.

(2) Administrator, Clerk, Assessor, Collector, Chief Financial Officer, Director of Welfare, department directors, together with any legal assistants, including the Prosecutor.

(3) One secretary each to the Mayor, Administrator and department directors.

(4) Volunteer personnel and personnel appointed to serve without compensation.

(5) Consultants and counsel rendering temporary professional service.

(6) All other offices or positions that are so listed as unclassified by N.J.S.A. 11A:3-5. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Classified services. The classified service shall include all other positions in the Township that are not specifically placed in the unclassified service by Subsection B, above, or which are not excluded from the classified service by N.J.S.A. 11A:3-5. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Scope. The provisions of this section shall apply only to the classified service unless otherwise specifically provided therein.

§ 20-22. Classification plan.

A. Establishment. The Administrator shall make or cause to have made an analysis of the duties and responsibilities of all full-time positions in the Township, except his or her own position. The Administrator shall recommend to the Mayor for transmission to the Council a position-classification plan. Within 30 days after adoption of a position-classification plan by resolution of the Council, the Administrator shall assign each employee to an appropriate class in accordance with the position-classification plan and with the approval of the Civil Service Department of the State of New Jersey.

B. Basis of position classification. Each position shall be assigned or allocated to an appropriate job classification on the basis of the kind and level of its duties and responsibilities to the end that all positions in the same classification shall be sufficiently alike to permit the use of a single descriptive title, the same tests of competence and the same salary range, thus carrying out the basic principle of classification which is equal pay for equal work. A job classification may contain one position or a number of positions. The Administrator, from time to time, shall review the job classification and submit a report thereof to the Mayor and Council.

C. Change in classification plan.

(1) The classification plan may be amended from time to time by resolution of the Council. Such changes may result from the need for creating new positions, changes in organization or changes in assigned duties and responsibilities and will be effected in cooperation with the Civil Service Commission of the State of New Jersey.

(2) The Administrator shall review all requests for creation of new positions, the abolition or consolidation of present positions, reclassification of positions to different job classes or the reallocation of positions to new salary ranges. In such review, he or she shall study the current duties and responsibilities of the position concerned and take appropriate action necessary to ensure the correct classification and allocation of the position.

(3) Each department head shall report to the Administrator any changes in his or her organization or assignment of duties and responsibilities to a given employee which would result in changes in the position-classification plan or in the classification of any of the positions in his department.

(4) An employee may submit a request, in writing, to the Administrator at any time for a review of the duties and responsibilities of his or her position. Such a request shall be submitted through his or her division head and shall include the employee’s own description of his or her current duties and responsibilities. The Administrator shall then make an investigation of the position to determine its correct allocation, and shall report his or her findings, in writing, to the Mayor and shall furnish a copy to the employee requesting the review and to his or her department head.

§ 20-23. Appointments.

A. Appointment procedures. All employees, officers and department heads of the Township shall be appointed as provided in this chapter, except as may be otherwise provided by the Faulkner Act or general law. The Mayor, Council and Administrator are to be governed by the provisions of this personnel policy code in their appointments and hiring practices.

B. Power of appointment. The Administrator and all department directors of the Township shall be appointed by the Mayor, as authorized by statute and this chapter. Appointments for which no other provision is made by or pursuant to the Charter shall be by the Mayor, with the advice and consent of the Council. Each department director shall appoint, promote and remove subordinate officers within his or her department, subject to the approval of the Administrator and the Civil Service Department of the State of New Jersey.

§ 20-24. Qualifications.

Original appointments to fill vacancies or for new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.

§ 20-25. Preference to Township employees and residents.

Provided they are qualified for the positions for which they have applied, preference shall be given in appointments to vacancies and new positions first to employees of the Township and secondly to persons who are residents of the Township at the time of their appointment, where permitted by law.

§ 20-26. Application for appointment.

Applicants for employment shall apply on terms provided by the Township and which have been designed to obtain pertinent information concerning the applicant’s education, training, experience, character and other factors necessary to determine his or her fitness and qualifications for service to the Township. All applications shall be filed with the Administrator.

§ 20-27. Processing of applications; physical examination.

A. Department heads. The department head shall be charged with processing all applications for appointment to vacancies and new positions, and shall report thereon to the official having the power of appointment.

B. Physical examination. Employment as a full-time employee in any capacity requires, prior to employment, successful passing of a physical examination to assure that the work required to be performed will not cause injury to the employee and that the person is physically fit to meet the requirements of the job. Prospective employees in all casual or temporary part-time Township jobs may be required to produce a certificate of health from a licensed physician of the State of New Jersey as a prerequisite for such employment. Periodic physical examinations may be required thereafter for all employees of the Township. All required examinations, except for certification of health for casual to temporary part-time employees, shall be at the Township expense and shall be made by a physician designated or approved by the Township.

§ 20-28. Grounds for rejection of an applicant.

An applicant for employment may be rejected where he or she:

A. Is not qualified for appointment to the position for which he or she has applied.

B. Is physically unfit to perform the duties of the position for which he or she has applied.

C. Is addicted to the habitual or excessive use of drugs or intoxicants.

D. Has been convicted of any crime or offense, including disorderly person offenses involving moral turpitude.

E. Has been dismissed from previous employment for delinquency, insubordination or misconduct.

F. Has practiced or attempted to practice any deception or fraud in his or her application or in furnishing other evidence of eligibility for appointment.

G. Is not within the age limits that have been established for the position for which he or she seeks appointment.

§ 20-29. Probation.

Except when provided by law, every person appointed to a new position shall be deemed to be on probation in the position to which he or she shall have been appointed for a period of three months, but such probation shall not affect permanent status of any other Township employment that such person may have achieved. Prior to his or her completion of the probationary period, the employee or officer shall be evaluated by the department head to determine whether he or she shall be granted permanent status or dismissed. The appointing authority may require reports and recommendations from the immediate superiors and department heads for this purpose. In accordance with N.J.S.A. 52:17B-69, a probationary or temporary appointment as a police officer may be made for a total period not exceeding one year for the purpose of enabling a person seeking permanent appointment to take a police training course as required by law.

§ 20-30. Personnel file.

The Administrator shall initiate a personnel file for each new employee, and all records of such employee concerning qualification, permanent status, work history, accumulated vacation and sick leave, leave time and the like shall be maintained for such employee in such file. The Administrator shall make such files available for inspection by the employee on a reasonable basis. Each department head shall maintain personnel records on employees in his or her department.

§ 20-31. Working conditions.

A. Hours. The official office hours of the Township are from 9:00 a.m. to 5:00 p.m., prevailing time, Monday through Friday. The hours of work for employees, including lunch hour, shall be specified by the department head. Full-time department heads shall be available in their offices from 9:00 a.m. to 5:00 p.m., daily, and in the event that Township business requires them to leave their office they shall provide the Township with their itinerary and information as to where they may be reached in the event of an emergency.

B. Holidays.

(1) Due to the emergency nature of the work of the Police Department, the provisions of this subsection shall not be applicable to members of the Police Department.

(2) The official holidays with pay shall be observed by the Township, in accordance with the Salary Ordinance.

(3) If a holiday falls on a Sunday, it shall be observed on the following Monday.

C. Sick leave.

(1) As used in this subsection, the term “sick leave” shall mean paid leave that may be granted to any employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him or her to perform the duties of his or her position, or who is quarantined by a physician because he or she has been exposed to a contagious disease. Part-time and temporary employees are not eligible for sick leave.

(2) Sick leave with pay will be allowed, provided that the employee provides satisfactory proof of his or her illness or disability with a licensed physician’s certificate as herein provided and notifies his or her supervisor promptly of his or her illness, and provided further that the employee’s illness or disability is, in the opinion of a physician of the Township’s choice, the result of events or acts beyond the employee’s control.

(3) Sick leave shall be computed on the basis of the applicable rules and regulations of civil service. Those employees who are not filling civil service positions, nevertheless, for the purpose of sick leave only, shall have sick leave computed pursuant to the Civil Service Rules and Regulations.

D. Outside employment. Employees shall not accept outside employment or engage in outside business activities without the prior approval of the department head. No application for permission to accept outside employment shall be granted unless there is reasonable probability that such outside employment will not interfere with the employee’s performance or compromise his or her position with the Township through a conflict of interest. In the case of a full-time employee of the Township, such outside employment shall not exceed 20 hours per week.

§ 20-32. Vacation.

A. Full-time classified and full-time unclassified employees shall earn vacation during each year of service on the basis of the following schedule:

Years of Service	Working Days Vacation
1 to 5	12
5 to 10	14
10 to 15	16
15 to 20	18
20 and over	22

B. For purposes of earning vacation leave, anyone whose employment is from January 1 to October 1 is entitled to count that period as a year of service, so that any employee who shall have served that period of time shall be eligible for a full year’s vacation leave. Employees who shall have served less time than this shall receive vacation time on the basis of one day per month of actual service.

C. Department directors and division heads shall be entitled to an additional three working days of vacation during each year of service over and above that which their length of service would normally entitle them.

D. No person presently in the employ of the Township shall suffer a reduction in the number of vacation days as a result of the application of this section, but shall continue to receive the same number of vacation days as he or she received prior to the adoption of this section if they are greater in number than herein provided.

§ 20-33. Disciplinary actions.

A. Disciplinary actions enumerated. An employee who has acquired permanent status may be disciplined in accordance with this section by any of the following actions, which are stated in order of severity, for causes stated by the department head in this section or in the case of a violation by a department head then by the appointing authority, and no employee shall be suspended or dismissed without the approval of the department head, except in the case where the department head is the person subject to the disciplinary action. These provisions are not intended to supersede other provisions of this chapter relating to the Department of Public Safety, specifically § 20-52C(2).

(1) Informal, verbal reproof.

(2) Written reproof.

(3) Suspension from duty.

(4) Dismissal.

B. Causes for disciplinary action. The causes for which disciplinary action may be invoked are the following:

(1) Neglect of duty.

(2) Absence without leave or failure to report after authorized leave has expired, or after such leave has been disapproved or revoked, who shall be absent from duty without just cause for a period of five days continuously and without leave of absence, shall at the expiration of the five days cease to be an employee of the Township.

(3) Incompetency, inefficiency or incapacity due to mental or physical disability.

(4) Insubordination or serious breach of discipline.

(5) Intoxication while on duty.

(6) Commission of a criminal act.

(7) Disobedience of a rule or regulation of the Township.

(8) Conduct unbecoming a public employee.

(9) Leaving post without notice.

(10) Negligence in the use of or unauthorized use of Township equipment.

(11) Falsifying important records.

(12) Absence without leave.

C. Hearing. Any employee disciplined under the provisions of this section, upon request, shall be granted a hearing before the Township Council. A reasonable opportunity for such hearing shall be granted before the imposition of disciplinary action, except that an employee may be summarily suspended if it is deemed that the circumstances so warrant. In such case, if after hearing it appears that the suspension was not proper, the Council may order reinstatement with pay.

§ 20-34. Grievance procedures.

A. General policy. It is the policy of the Township that every employee at all times be treated fairly, courteously and with respect. Conversely, each employee is expected to accord the same treatment to his or her associates, supervisors and to the public.

B. Verbal grievance.

(1) Whenever an employee has a grievance, he or she should first present it verbally, or in writing if the employee chooses, to his or her immediate supervisor. It is the responsibility of the supervisor to attempt to arrange a mutually satisfactory settlement of the grievance within three working days of the time when it was first presented to him or her, or failing that, must within that time advise the employee of his or her inability to do so.

(2) When an employee is informed by his or her supervisor that he or she is unable, within the discretion permitted him or her, to arrange a mutually satisfactory solution to the grievance, the employee must, if he or she wishes to present the grievance to higher authority, do so in writing in the manner set forth in Subsection C, below.

C. Formal written grievance.

(1) The employee shall prepare the grievance in writing in duplicate. The grievance should be stated as completely and as clearly as possible in order to permit prompt handling. One copy of the grievance shall be immediately placed in the hands of the department head.

(2) A copy of the grievance shall be presented by the employee to his or her immediate supervisor, to whom the grievance was made verbally. The supervisor shall report the facts and events which led up to its presentation, in writing, including in his or her written report any verbal answer he or she may have previously given to the employee concerning this grievance. Within two working days after receipt of the written grievance, the supervisor must present it, with the information required, to the department head or Administrator.

(3) The Administrator shall attempt to find a mutually satisfactory solution to the grievance within five working days. Failing a solution, the complaint accompanied by a written report on the matter by the Administrator must be forwarded to the Mayor. The Mayor shall then consider and formally act on the complaint within five days.

(4) Since it is intended that most, if not all, grievances can and should be settled without the necessity of reference to the Mayor, no grievance shall be heard or considered by the Mayor which has not first passed through the above described steps.

(5) All papers and documents relating to a grievance and its disposition shall be placed in the employee’s personal history file. Notification of all actions taken concerning the grievance shall be transmitted in writing to the employee.

§ 20-35. Department rules and regulations.

A. Subject to the approval of the Administrator, a department head, from time to time, may establish, amend and supplement rules and regulations for governing the internal operations of his or her department and the conduct and decorum of its personnel. Such department rules and regulations shall not be inconsistent or in conflict with the provisions of any statute of the state, this section or any ordinance of this Township.

B. The rules and regulations shall be in writing, signed by the head of the department and approved by the Administrator and shall be filed in the office of the Township Clerk. They shall be binding on all persons subject to the jurisdiction of the department. A written copy of such rules and regulations shall be distributed to the personnel of the department affected thereby and shall be posted in the headquarters of the department.

§ 20-36. Meritorious actions.

It is hereby declared to be the policy of the Township to recognize and encourage meritorious actions on the part of its officers and employees. To this end, letters of commendation concerning Township employees from their superiors and from members of the public with whom they deal shall be directed to the attention of the department head and then recorded in the employee’s personnel file. In addition, the department head or the Council, on its own motion, may commend the work of particular officers and employees and cause such commendation to be inserted in their personnel files.

§ 20-37. Certain political activities prohibited; penalty.

A. Township employees shall not engage in any political activities during working hours or on Township property, nor seek or accept nomination or election to any Township or Board of Education office, without first obtaining a leave of absence.

B. Violation of any provisions of Subsection A, above, shall be deemed sufficient cause for suspension or dismissal from the Township service.

C. Nothing in this section shall be construed to prevent Township employees from becoming or continuing to be members of any political party, club or organization; attending political meetings; expressing their views in private on political matters outside of working hours and off Township premises; or voting with complete freedom in any election.

§ 20-38. Computation of overtime.

Employees may be compensated for overtime work when such compensation has been authorized by the department director. At the discretion of the department director, compensatory leave may be given in lieu of overtime. In all instances, however, overtime compensation shall commence only after the employee has worked the normal number of hours in any one work day or of his or her normally prescribed work week. Holidays, vacation days and authorized sick days shall be counted toward the normal work week and as consecutive work days.

§ 20-39. Drug-free workplace.

[Added by Ord. No. 1991-9]

A. It is the policy of the Township to maintain a drug-free workplace.

B. The Township shall establish an on-going drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace.

(2) The Township’s policy of maintaining a drug-free workplace.

(3) Available drug counseling, rehabilitation and employee assistance program.

(4) The penalties which may be imposed upon employees for drug abuse violations which occur in the workplace.

C. The Township Clerk shall notify by means of a written statement to all employees of the Township:

(1) That the unlawful manufacture, distribution, dispensing, possession or use of a controlled dangerous substance is prohibited in every workplace maintained by the Township.

(2) That the employee shall abide by the terms of the statement as a condition of employment.

(3) That the employee, as a condition of employment, shall notify the Township Clerk of his or her conviction of any offense involving controlled dangerous substances occurring in the workplace no later than five calendar days following such conviction.

(4) That failure to abide by the terms of the statement shall result in personnel action, up to and including termination of employment, consistent with the Federal Rehabilitation Act of 1973, as amended, or a requirement that the employee participate satisfactorily in a drug abuse assistance and/or rehabilitation program approved by the Delran Township Board of Health or the Burlington County Health Department as a condition of continued employment.

D. Upon receipt by the Township Clerk of notice of an employee’s conviction of an offense involving controlled dangerous substances occurring in the workplace:

(1) The Township Clerk, within 10 calendar days, shall notify in writing any federal agency providing grant money for a project in which the convicted employee was working. The notice shall include the employee’s position, title and the identification number of each affected grant. The notice shall be provided to every grant officer or the designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices.

(2) The Township, within 30 calendar days, shall either take appropriate personnel action, up to and including termination of employment, consistent with the requirements of the Federal Rehabilitation Act of 1973, as amended, against the convicted employee, or require as a condition of continued employment that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved by the Delran Township Board of Health or the Burlington County Health Department.

Article V. Departments

§ 20-40. Allocation of administrative functions, powers and duties.

The administrative functions, powers and duties of the Township are hereby allocated and assigned among the following departments established and constituted by this chapter and the statutory boards, commissions and other bodies created, continued or constituted by Charter, general law or this chapter.

Article VI. Department of Administration

§ 20-41. Department established; director.

There shall be a Department of Administration, and the director of this Department shall be the Business Administrator. The Business Administrator may designate a member of this Department as Assistant Administrator to act for and in place of the Business Administrator in his or her absence.

§ 20-42. Staff.

The Department of Administration shall be headed by the Business Administrator. In addition to the Business Administrator, the Department of Administration contains various officers whose primary function is clerical or administrative in nature. Generally, the offices contained within the Department of Administration are those most public in nature. Since most of the offices within the Department are located within the municipal building and since the Administrator is a full-time Township employee whose office is also located in the municipal building, direct supervision can be best achieved by placing these offices within the Department of Administration.

§ 20-43. Dog census.

The Department of Administration shall provide for an annual dog census.

§ 20-44. Division of Administration; purchasing.

[Amended by Ord. No. 1984-16; Ord. No. 2001-10]

There shall be a Division of Administration, the director of which shall be the Business Administrator, who shall perform the following duties and supervise the following operations:

A. Prescribe uniform forms and procedures for budget preparation by all departments.

B. Develop and administer the Township’s personnel program, including preparation of pay plans, recruitment of needed personnel, in-service training programs and a complete system of personnel records. The Administrator shall prepare and maintain a register of all appointments made by the Mayor, by the Council or by the Mayor with the advice and consent of Council, indicating in the register the date of the original appointment, the term for which the individual was appointed and the date of the termination of this term of appointment. The Business Administrator shall act as personnel officer of the Township and have full charge of all matters pertaining to personnel administration.

C. Review and analyze budget requests and assist in preparation of the budget document.

D. Have, exercise and discharge the functions, powers and duties of centralized purchasing.

E. Coordinate the processes of appointment and removal of Township employees within the various departments and, to this end, review and advise on all proposed appointments and discharges of personnel prior to any such action by a department, as well as maintaining an orderly system for the consideration, review and adjustment of employee grievances.

F. The Business Administrator shall review the list of claims and vouchers and the supporting documentation as presented to him or her by the Chief Financial Officer at least three days prior to the regular Township meeting. Such list of bills, claims and supporting documents shall be reviewed by the Business Administrator and put in final form for Council action.

G. Assist in the preparation of the budget.

(1) The budget shall be prepared under the direction of the Mayor. During the month of November, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor and/or the Business Administrator at public hearings which shall be held during that month on the various requests. During the period of December 1 through January 14, the Mayor, with the assistance of the Business Administrator, shall analyze appropriation requests and capital programs and may confer informally with the Council with respect thereto.

(2) The Business Administrator shall cause to be prepared all estimates of nonproperty tax revenues anticipated for the support of each annual budget.

(3) The budget document shall be prepared in such form as is required by law for municipal budgets and in accordance with the Charter. There shall be appended to the budget a detailed analysis of all items of expenditure and revenue. Such analysis shall include a comparison of the total number of positions of each class and grade to be authorized by the budget with the actual number thereof employed at the beginning and ending of the preceding budget period. As far as practicable, such analysis shall include appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating and capital expenditures.

(4) On or before the 16th of January, the Mayor shall submit to Council his or her budget document, which shall include his or her proposed current budget in the form prescribed by the Local Budget Law, a capital budget and such comment or statement as he or she may deem desirable.

(5) The Business Administrator shall, in conjunction with the Chief Financial Officer, recommend budget transfers of the current budget during the last two months of the year so that no budget appropriations are overspent and shall submit such recommendations to Mayor, Council and Chief Financial Officer.

H. Award contracts. All awards of contracts and purchases shall be in accordance with the requirements of N.J.S.A. 40A:11-1 et seq., Local Public Contracts Law, as amended.

I. Control purchases. All purchases of any work, supplies, materials, equipment or contractual services for the Township’s accounts shall be made by the Division of Administration pursuant to a written requisition from the head of the department whose appropriation will be charged. In the event that the Business Administrator, who is the head of the Department of Administration, shall be unavailable for a period of 24 or more hours, the Mayor may approve purchase orders.

J. Establish and approve uniform standards for requisitions and purchases. The Division of Administration shall control the delivery of all supplies, materials, equipment and other items of purchase and shall make or cause to be made proper test checks and inspection thereof. The Division shall ascertain whether such supplies, materials, equipment and other items purchased comply with the specifications and shall cause necessary tests to be made to determine whether the materials or supplies furnished are of the quality and standard required. The Business Administrator shall further cause an inventory list of all material and equipment to be maintained by the Township and shall require division heads and others having control of materials and/or equipment to maintain such detailed inventory list as the Administrator may deem advisable and to provide for their periodic revision. Equipment shall be listed on the inventory list with full particulars, such as date of purchase, cost, serial numbers and such other pertinent information as the Business Administrator shall deem advisable.

K. Establish a purchasing procedure.

(1) Each department shall follow such procedure and use such forms for purchasing as the Business Administrator shall prescribe. Upon request of the Business Administrator, each department head shall submit a complete statement of the materials, supplies and equipment and work and labor under contract which will be required by the department during the ensuing year, half year or quarter year, as the Administrator may determine according to the best estimate of the department head.

(2) In the event of an immediate need or requirement, the directors, and such other persons as are authorized by the Business Administrator, shall be authorized to make periodic purchases not to exceed the sum of $20. Such purchases may be made without the person securing the authorization of the Business Administrator.

(3) Aggregate.

(a) Where contracts are in the aggregate less than 15% of the bid threshold as established pursuant to N.J.S.A. 40A:11-3, they may be awarded without soliciting competitive quotations. The Business Administrator retains the authority, however, to require price quotations whenever he or she deems such quotations to be warranted.

(b) Where contracts are in the aggregate less than the bid threshold but 15% or more of that amount and for those contracts that are for subject matter enumerated in Subsection 1 of N.J.S.A. 40A:11-5 except for paragraph (a) of that section concerning professional services and paragraph (b) of that subsection concerning work by employees of the Township, the contract shall be awarded after soliciting at least two competitive quotations, if practicable. The award shall be made to the vendor whose response is most advantageous, price and other factors considered. The record of the quotation solicitation shall be retained and shall be included in with the voucher used to pay the vendor.

(4) The Business Administrator shall establish a procedure for the purchase or rental of any items required for the immediate protection of the public health, safety, morals or welfare of the Township, which procedure will permit such emergency purchases or rental to be made for specific purposes in a manner other than that prescribed by this section.

§ 20-45. Division of Parks and Recreation; Recreation Advisory Committee.

There shall be a Division of Parks and Recreation, the head of which shall be the Business Administrator.

A. Duties. The Division shall:

(1) Administer and operate playgrounds, facilities for indoor and outdoor sports and athletic and recreational programs and activities for children and adults.

(2) Use public school property by agreement with the Board of Education to the extent that such property may be adaptable and available for recreational programs and purposes of the Department.

(3) Prepare and develop plans for the development of additional public recreational areas and facilities for submission to the Council.

B. Recreation Advisory Committee. Within the Division, there shall be a Recreation Advisory Committee to consist of nine members, three to be appointed by the Mayor and six to be appointed by the Council. Each member shall serve for a term of three years, except that of those first appointed, three shall be appointed for a term of one year and three for a term of two years and the remaining three for a term of three years. The Mayor’s appointments shall be one for one year, one for two years and one for three years, and the Council’s appointments shall be two for one year, two for two years and two for three years. The Committee shall provide for a Chairperson and for such other internal organization as it may deem desirable and, further, shall consult with and advise the Business Administrator and the Mayor from time to time with respect to recreational policies, programs and activities within the Township.

C. Games and exhibitions; fees. The Division, through the Recreational Advisory Committee, may provide for the giving of indoor and outdoor exhibitions, games and contests and may use and employ public property for such purposes. The Division may charge and collect, for the use of the Township, a reasonable fee for each person entering or using the facilities, exhibitions, contests or games provided under this section when authorized by the Business Administrator.

D. Rules and regulations. The Division may adopt reasonable rules and regulations and bylaws for the conduct of all persons while on or using such public property devoted to park or recreational uses. The Division shall recommend to the Council such ordinances as may be necessary to enforce reasonable rules and regulations.

Article VII. Department of Engineering

§ 20-46. Department established; director.

There shall be a Director of the Department of Engineering, the head of which shall be the Township Engineer who shall be appointed by the Mayor with the advice and consent of Council and shall serve during the term of office of the Mayor appointing him or her and until the appointment and qualification of his or her successor.

§ 20-47. Duties.

The Department of Engineering shall:

A. Provide all staff engineering, general municipal engineering and land surveying services.

B. Prepare, maintain and preserve maps, charts and records of roads, utilities, public buildings and structures and all public facilities owned or operated by the Township.

C. Prepare, review and approve specifications for public works contracts; supervise and inspect the execution of such contracts; and certify the satisfactory completion of work to authorize progress payments pursuant to contract.

D. Examine proposed preliminary and final subdivision plans, review them for conformity with Chapter 310, Subdivision of Land, and other land use requirements, advise the Planning Board as to such matters and inspect and approve all installations made in accordance with the requirements of the Planning Board prior to the acceptance of any street or the release of any security related to a subdivision approval. The Planning Board shall not act on any subdivision application unless and until the findings and recommendations of the Department of Engineering have been submitted to the Board and made a part of its public record.

E. Maintain a Tax Map for the Tax Assessor in a current status and properly record thereon all changes of ownership and information provided pursuant to law.

F. Inspect and control the maintenance of all Township buildings and structures and establish uniform standards for the protection and preservation of such public property.

G. The Engineer shall provide engineering assistance and technical engineering advice when called upon by the Administrator, Mayor or Council and to further provide emergency engineering advice to other officials, officers or employees of the Township when such information and advice is urgently needed for an emergency matter.

Article VIII. Department of Law

§ 20-48. Department established; director.

There shall be a Department of Law, the head of which shall be the Solicitor, who shall be appointed by the Mayor with the advice and consent of Council. The Solicitor shall serve during the term of office of the Mayor appointing him or her and until the appointment and qualification of his or her successor.

§ 20-49. Duties.

The Department of Law shall:

A. Provide legal advice and assistance to the Mayor and Council and to all other departments, and prosecute and defend actions and proceedings by and against the Township.

B. Draft ordinances and resolutions and advise as to their form and sufficiency prior to passage.

C. Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the Township.

D. Conduct appeals from orders, decisions or judgments affecting any interest in the Township as the Department may in its discretion determine to be necessary or desirable, or as directed by the Mayor or Council.

E. Subject to the approval of the Mayor or Council, have power to enter into any agreement, compromise or settle any litigation in which the Township is involved.

F. Render opinions in writing upon any question of law submitted to the Department by the Mayor, Council, Business Administrator or Clerk and to provide such emergency legal advice as may be required to other officials, officers or employees of the Township.

G. Maintain a record of all actions, suits, proceedings and matters which relate to the Township’s interest and report thereon from time to time as the Mayor and Council may require.

H. Recommend to the Mayor and Council the employment of special counsel to assist in the preparation, trial or argument of such legal matters and proceedings as may develop, where it appears to be in the best interests of the Township to obtain the services of special counsel by reason of the nature of the matter or for any other reason whatsoever. Such special counsel shall be employed by the Township only upon the approval of the Mayor and Council and within the available appropriations.

§ 20-50. Documents to remain property of Department.

All papers, documents, memoranda, reports and other materials relating to the administration of the Department of Law shall be and remain the property of the Township. Upon the termination of the Solicitor’s services with the Township, each legal officer shall forthwith surrender to his or her successor all such property, together with a written consent to the substitution of his or her successor in all legal actions and proceedings then pending to which the Township is a party.

Article IX. Department of Public Safety

§ 20-51. Department established; director.

There shall be a Department of Public Safety, the head of which shall be the Business Administrator.

§ 20-52. Division of Police.

There shall be a Division of Police, the head of which shall be the Chief of Police.

A. The Division of Police shall consist of one Chief of Police, one Captain, two Lieutenants, seven Sergeants and 21 Patrolmen.

[Amended 8-7-2005 by Ord. No. 2005-25; 11-28-2006 by Ord. No. 2006-15]

B. Chief of Police. The Chief of Police shall ensure that the Division of Police shall:

(1) Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and public meetings and assemblages.

(2) Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic, and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and to make and enforce rules and regulations not inconsistent with the state law, the Charter and ordinances for such purposes.

(3) Remove or cause to be removed all nuisances in the public streets, parks and other public places, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or Township license or permit and report thereon to the appropriate department.

(4) Provide proper police attendance and protection at fires.

(5) Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of federal, state, county and Township governments.

(6) Operate a training program to maintain and improve the police efficiency of the members of the Division.

(7) Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the Division.

C. Personnel.

(1) Gifts. No member of the Division of Police shall solicit or accept anything of value as consideration for or in connection with the discharge of his or her official duties, nor shall any member solicit the sale of tickets in connection with any fund-raising campaign nor request contributions directly or indirectly for same, nor solicit anything of value for the benefit of self or other person or any Division of Police member, group or organization without written permission of the Chief of Police.

(2) Grievance procedure. The Chief of Police shall establish a grievance procedure. The Chief of Police shall have the power to suspend subordinate officers and employees within the Division subject to applicable civil service rules and regulations, without reference to the Business Administrator who is the head of the Department.

D. Control of stolen or other property. The Chief of Police shall provide, by rules and regulations, for the custody and safekeeping of all property alleged to be found, abandoned, stolen or embezzled, all property taken from the person of any prisoner and all other property alleged to have been acquired or possessed unlawfully, which shall come into the possession of any member of the Division. All such property and money shall be promptly described and registered and accounted for in detail in such manner as the Chief of Police shall prescribe.

§ 20-53. Rules and regulations manual.

A. There shall be a manual of rules and regulations for the government and discipline of members and employees of the Department of Public Safety.

B. The Township Council, from time to time, may amend or supplement the rules and regulations.

C. Each member and employee of the Department of Public Safety shall receive a copy of the rules and regulations. There shall also be on file with the Township Clerk three copies of the rules and regulations manual.

D. Each member and employee of the Department of Public Safety shall be responsible for the safekeeping and preservation of his or her copy of the rules and regulations, as amended and supplemented from time to time.

E. Each member and employee of the Department of Public Safety presently employed by the Township, and all future employees of the Department, shall acknowledge receipt of the manual of rules and regulations for the government and discipline of the members and employees of the Department of Public Safety of the Township. Such receipt shall be filed and maintained by the Chief of Police and the Business Administrator in each member’s personnel file.

Article X. Department of Public Works and Public Property

§ 20-54. Department established; director.

There shall be a Department of Public Works and Public Property, the head of which shall be the Business Administrator.

§ 20-55. Division of Roads and Public Property; director.

There shall be a Division of Roads and Public Property, the director of which shall be the Public Works Superintendent.

§ 20-56. Duties of Division of Roads and Public Property.

[Amended 8-7-2005 by Ord. No. 2005-25; 11-23-2010 by Ord. No. 2010-23]

The Director of the Division shall ensure that the Division shall:

A. Maintain and repair the streets, roads, culverts and drainage of the Township and construct and reconstruct such streets as may be authorized.

B. Provide for the cleaning and flushing of streets and the removal of leaves as required.

C. Clear and remove snow and ice from the streets and provide such other street services as may be required.

D. Maintain, repair and clean the Township’s storm sewers.

E. Maintain and operate a Township garage for the servicing and repair of all Township-owned equipment, except as may be otherwise ordered by the Business Administrator. All such repairs and service shall be provided at such hours and with such priority as the Business Administrator may require.

F. Maintain and repair all Township buildings, install office partitions and assist the Division of Parks and Recreation in the construction, maintenance and repair of recreational facilities, equipment and apparatus.

G. Assist the Division of Police in the maintenance, repair, replacement and control of all traffic signals, signs, markers and related facilities.

H. Maintain all Township-owned and operated parks and grounds, playgrounds and playfields, including, but not limited to, cultivation, planting and maintenance of all publicly owned shrubs, trees, grass and other greens.

I. Collect all fees as set forth in § 150-6 of this Code.

J. Perform such other functions and duties as the director of the Department shall deem necessary and required.

Article XI. Department of Health

§ 20-57. Department established; director.

[Amended 8-7-2005 by Ord. No. 2005-25]

There shall be a Department of Health, the head of which shall be the Business Administrator. Within the Department of Health there shall be a Division of Health.

§ 20-58. Division of Health.

A. The Burlington County Health Officer shall be the health officer of the Township of Delran, as provided by law.

B. There shall be a local Division of Health Coordinator, who shall provide for the coordination of health matters in the Township with the County Health Officer. The local coordinator shall plan and administer a comprehensive public health program, including environmental sanitation, communicable disease control, child and adult health, health education, laboratory services and such other services as may be authorized by Charter or ordinance, and further shall administer and enforce the local health ordinances.

C. There shall be appointed annually by the Township Council, for a one-year term, a Registrar of Vital Statistics pursuant to N.J.S.A. 26:8-11.

§ 20-59. Welfare and public assistance.

[Amended 8-7-2005 by Ord. No. 2005-25]

All welfare and public assistance functions and administrative responsibility shall be handled by the County of Burlington pursuant to an agreement between the Township and the county. All functions, powers and duties of the Local Public Assistance Board are hereby transferred to the County of Burlington.

Article XII. Department of Finance

§ 20-60. Department established; director.

There shall be a Department of Finance, the head of which shall be the Chief Financial Officer, who shall be appointed by the Mayor with the advice and consent of Council. The Chief Financial Officer shall have experience in municipal accounting controls and the general books of accounts.

§ 20-61. Duties.

The Department of Finance is a departmental level organization designed to provide the control function required within the Township government as set forth within N.J.S.A. 40:69A-48. It shall be the duty of this Department and all personnel contained within it to enforce legal provisions requiring an encumbrance system for budget operation, to enforce the legal provisions which require that expenditures occur only as called for within this section and to provide for the preaudit of all claims and demands on the Township prior to their payment. In addition, this Department shall establish procedures to ensure that all payments made out of any public funds be by individual warrants and to generally see that all financial regulations promulgated by the Divisions of Local Finance, or its successor agency, are enforced. In this connection, where irregularities are discovered, it shall be the duty of this Department and any personnel contained here to report to the Township Auditor their suspicions and findings. Through this exercise of seasoned judgment, it is hoped that the control function required by statute will occur and that efficient and financially sound procedures will be instilled.

§ 20-62. Division of the Treasury.

A. There shall be Division of the Treasury, the head of which shall be the Chief Financial Officer, who shall have the following powers and duties:

(1) Approve all financial systems and procedures.

(2) Make revenue and expenditure estimates for the Mayor.

(3) Maintain the general books of accounts to reflect the Township’s financial condition.

(4) Control all expenditures within the limits of appropriations through an encumbrance system of budget operation and submit to the Mayor and Council, on the first day of each month, a printout of the budgetary balances showing line item amount, actual expenditures, amounts committed or encumbered and unencumbered free balances, and also on the first day of July, provide estimates to the Mayor and Council of anticipated required expenditures for the balance of the year, highlighting and determining those areas of budget line items wherein there is an indication that an over-expenditure might possibly occur. Then further, for the last two months of the year, provide to the Mayor and Council, on the first and 16th day of each month, a printout setting forth all of the information as shown on the normal first of the month printout.

(5) Preaudit bills and claims that shall be paid only upon the audit, warrant and approval of the Chief Financial Officer. The Chief Financial Officer shall certify that a sufficient unencumbered balance of appropriation is available to pay such bills and claims.

(6) Cause to be prepared and submitted to the Business Administrator, at least three days before each regular meeting of the Council, a list of all bills, claims and vouchers that are to be paid. The bills, claims and vouchers shall be properly executed and all supporting documentation attached.

(7) Cause all receipts of the Township, and any department thereof except the Bureau of Collections, to be deposited in authorized depositories, to be designated by resolution of the Council, and such deposits shall be made in such accounts and upon such procedure as shall be approved or directed by the Chief Financial Officer.

(8) Ensure that disbursements are made by a combination bank-warrant check or draft warranted and countersigned by the Mayor and signed by the Chief Financial Officer, except that payroll checks may be signed by the Chief Financial Officer alone, upon voucher and warrant of the Business Administrator, for the total payroll.

(9) Review and approve payrolls for certification by civil service and payment.

(10) Cooperate with the Township Auditor, who shall be appointed by the Council for a one-year term and who shall be responsible for providing the statutory service of auditor, and advise the Business Administrator on fiscal matters.

(11) Disburse all payments out of the Township treasury.

(12) Have the safekeeping and custody of all Township securities, investments and bonds of the Township.

(13) Supervise proceedings for the issuance of Township bonds.

(14) Invest and reinvest surplus or idle funds of the Township, as permitted by law, in cooperation with the Business Administrator and the Auditor.

(15) Maintain and reconcile the records of the Township bank accounts, and provide the Business Administrator with a monthly reconciliation of the bank accounts not later that the 10th day of each month.

(16) Serve as certifying agent for the New Jersey Public Employees Retirement System with respect to Township employees.

(17) Administer all matters relating to the certification of Township payrolls by the State Department of Civil Service and the status, rights and benefits of employees of the Township under the Civil Service Law and under the employee benefit and welfare programs of the Township.

(18) Promptly pay interest and principal on Township obligations as they fall due.

(19) Provide for the prompt deposits of all funds coming into the Township in accordance with law, but in no event should deposits of Township funds be made in the respective accounts later than 48 hours following their receipt. In the event that Township funds are not being deposited in accordance with this requirement, the Chief Financial Officer shall make a prompt written report to the Business Administrator setting forth the facts and circumstances.

(20) Supervise the administration of each annual budget. In consultation with the department heads, the Chief Financial Officer shall establish quarterly or such other periodic allotments or appropriations as he or she may deem necessary. Each department shall plan and administer its expenditure program within the limits of such allotments.

(21) If, at any time during the budget year, the Chief Financial Officer shall ascertain that the Township government is faced with the probability of incurring a cash deficit for the current year, he or she shall reconsider the work programs and allotments of the several departments and report to the Mayor and Council and Business Administrator. Upon such reconsideration and with the approval of the Mayor and Council, he or she may revise the budget allotments so as to forestall, as far as possible, the making of commitments and expenditures in excess of the revenues to be realized during the fiscal year.

(22) Prepare budget transfers of the current budget in the last two months of the year so that no budget appropriation is overspent, and submit appropriate resolutions to the Mayor, Council and Business Administrator.

(23) Prepare budget transfers of appropriation reserves (prior year’s budget balances) in the first three months of the year so that no budget reserve appropriation is overspent.

(24) Prepare a report by the 10th day of the month of the cash transactions of the prior month for the current fund, revenue sharing fund, trust funds, capital fund and the public assistance fund for submission to the Mayor, Council, Clerk and Business Administrator.

(25) Ensure full compliance with all federal and state statutes and regulations dealing with the administration of Township funds.

B. The Tax Collector of the Township shall be designated as a Deputy Treasurer to perform the functions and duties of the Treasurer in the absence of the Treasurer.

§ 20-63. Division of Revenue; Bureau of Assessments; Bureau of Collections.

There shall be a Division of Revenue which shall consist of the Bureau of Assessments and Bureau of Collections.

A. Bureau of Assessments. The Bureau of Assessments shall have as its director the Tax Assessor, whose duties shall be as follows:

(1) Have, perform and discharge all functions, powers and duties prescribed by law.

(2) Make assessments for the benefit of local improvements and, for that purpose, have and exercise the powers and duties as prescribed by law.

(3) Maintain adequate assessment records of each separate parcel of real property assessed or exempted, and establish and maintain such files, records and procedures as may be required.

(4) Maintain a current Tax Map of the Township as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by this chapter.

(5) The Tax Assessor shall be responsible for the administrative and clerical work of the Bureau. The Tax Assessor may employ clerk-typists or other clerical assistants only with the express approval of the Mayor and Council.

(6) The Tax Assessor shall provide the Mayor and Council with a list of all tax appeals filed within 10 days after notice of final determination is received.

B. Bureau of Collections. There shall be a Bureau of Collections, the head of which shall be the Tax Collector, whose duties shall be as follows:

(1) Perform the functions of a collector of taxes under general law, including, without limitation thereto, the rendering of bills for property taxes pursuant to law, enforcement of tax collections by tax sales and otherwise, and the maintenance of tax accounting records in such manner as may be prescribed or approved pursuant to the Charter and this chapter.

(2) Receive and collect current and delinquent real property taxes and Township fees and charges, and receive penalties and interest pursuant to law.

(3) Make, or cause to be made, and certify such searches for tax and other liens on real property as may be authorized by law and charge and collect for the use of the Township the fee required pursuant to law for any such search.

(4) Receive funds entrusted to it and deposit all such funds in such depositories authorized by Council.

§ 20-64. Chief Financial Officer.

[Amended by Ord. No. 1989-5]

A. Establishment; qualification; appointment. The Township Council hereby established the office of the Chief Financial Officer. The Mayor, with the advice and consent of Council, shall appoint a duly qualified individual to serve on a full-time or part-time basis as such need is determined by the Mayor. The individual so appointed shall be certified municipal finance officer, as defined by law.

B. Powers and duties. The powers and duties of the Chief Financial Officer shall be those powers and duties prescribed by N.J.S.A. 52:27BB-1 et seq., as same may be amended from time to time, and the rules and regulations promulgated thereunder.

C. Salary. The Township Council hereby declares that the salary of the Chief Financial Officer shall be established by the Council by way of the Salary Ordinance.

§ 20-65. Sick Leave Trust Fund.

A. There is hereby established a trust fund to be known as the “Sick Leave Trust Fund,” hereafter called the “fund,” pursuant to N.J.S.A. 11A:6-5 and regulations established by the New Jersey Department of Community Affairs. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. The Chief Financial Officer shall maintain and bear responsibility for the fund in the same manner and to the same extent as other public funds under his or her care. All interest earned on the fund shall accrue to the fund’s principal. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. The Chief Financial Officer shall annually estimate the probable maximum exposure of the fund during the coming fiscal year. The Chief Financial Officer shall make this estimate on such factors as current salary levels, expressed intentions of employees as to retirement, past retirement experience and current fund level. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. The Mayor shall include, as part of the recommended annual operating budget for the coming fiscal year, the amount over and above the current balance in the fund needed to cover the Chief Financial Officer’s estimate as to fund exposure for the coming fiscal year. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. All employees retiring or leaving service due to permanent disability shall be eligible for payment from the fund as a result of unused, accrued sick leave.

F. The portion of sick leave to be compensated and the maximum dollar amount thereof shall be computed in accordance with the current contracts then in effect between the Township and the Township employees.

G. All valid claims shall be calculated and paid as of the employee’s actual date of termination.

H. In the event that the amount of any valid claim on this fund would exceed the cash balance in the fund at the time payment is due, payment shall be made from the current fund of the operating budget.

Article XIII. Department of Inspections

§ 20-66. Department established; director.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). There is hereby established in the Township a state uniform construction code enforcing agency to be known as the Division of Inspection, the head of which shall be the Construction Official, who shall be appointed by the Mayor with the advice and consent of Council.

§ 20-67. Duties.

The Department of Inspections is being created pursuant to N.J.S.A. 52:27D-119 et seq., and Title 5, Chapter 23, of the New Jersey Administrative Code. It is the duty and responsibility of this Department and the department heads and employees to generally administer the State Uniform Construction Code. Editor’s Note: See also Ch. 118, Construction Codes, Uniform.

§ 20-68. Composition.

The Department of Inspections shall consist of, in addition to the Construction Official, a building subcode official, a plumbing subcode official, an electrical subcode official, a fire protection subcode official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs shall approve. The Construction Official shall be the chief administrator of the enforcing agency.

§ 20-69. Qualifications of officials.

Each official position created shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 et seq., provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that this person is qualified pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 to hold such position.

§ 20-70. Central office.

The public shall have the right to do business with the enforcing agency at one office location, except for the emergencies and unforeseen or unavoidable circumstances.

§ 20-71. Monthly reports.

The Construction Official, with the advice of the subcode officials, shall prepare and submit to the Mayor and Council a monthly report indicating the number of inspections completed and permits issued and a description in sufficient detail to advise the Mayor and Council of the type of activity.

§ 20-72. Annual fee evaluation.

The Construction Official, with the advice of the subcode officials, shall prepare and submit to the Mayor and Council, no later than November 15 of each year, a report recommending a fee schedule based upon the operating expenses of the agency and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.

§ 20-73. Fees.

Fees and operation of the Department shall be as set forth in § 150-6 of this Code.

Article XIV. Township Clerk

§ 20-74. Appointment.

The Council shall appoint a Township Clerk.

§ 20-75. Term.

As is provided under N.J.S.A. 40A:9-133, the Township Clerk shall be appointed to a three-year term which shall run from January 1 in the year in which he or she is appointed, regardless of the actual date of appointment.

§ 20-76. Compensation.

The Township Clerk shall be paid such compensation as is established for this position within the salary schedule of the Township.

§ 20-77. Tenure.

A person who holds the office of Township Clerk continuously for five years from the date of his or her original appointment, pursuant to N.J.S.A. 40A:9-134, shall have tenure in such office and shall not be removed therefrom except for good cause shown after a fair and impartial hearing.

§ 20-78. Vacancy or absence.

In the event that there is a vacancy in the position of Township Clerk or in the event that the Clerk is absent, disabled or disqualified for whatever reason, the Council shall have the power, by resolution, pursuant to N.J.S.A. 40A:9-9, to designate a person to act in place of the Clerk, and any action taken by this person shall be deemed the official action of the Township Clerk.

§ 20-79. Qualifications.

[Amended 4-24-2007 by Ord. No. 2007-6]

The Township Clerk shall be certified in accordance with the provisions of N.J.S.A. 40A:9-133.1 et seq. and shall meet such other requirements as may be established by the Township Council in its employment search criteria and hiring procedure.

§ 20-80. Duties and powers.

The Township Clerk shall:

A. Clerk of Council. Serve as clerk of the Council and, in this connection:

(1) Keep the minutes and records of the proceedings of the Council and of the proceedings of any Council committee upon the request of the president.

(2) Preserve and compile all ordinances and resolutions and, at the close of the year, with the advice and assistance of the Department of Law, the Clerk shall compile, codify and bind all the ordinances and resolutions then in effect and shall properly index such compilation or codification and provide for its publication.

(3) Provide secretarial and clerical services for the members of Council in the discharge of their official duties.

(4) Publish or cause to be published ordinances as required by law in such official newspaper or newspapers as may be designated by the Council.

(5) Issue and deliver, with the assistance of the Police Department, all notices of meetings required to be given to the Council.

(6) Receive and transmit all communications to or on behalf of the Council.

(7) Perform such other duties as the president or the Council, by resolution, shall provide. Editor’s Note: Original Secs. 2-15.7a8 and 2-15.7a9, which contained duties of the Clerk that were duplicated in other subsections of this section, which previously followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(8) Charge and receive for the use of the Township such fees for searches, transcripts and certifications as shall be authorized by resolution of the Council.

(9) Perform all other functions of a Township Clerk required by general law pursuant to Title 19 of the Revised Statutes of New Jersey, and receive for Township use the fees prescribed therefor.

(10) Receive and keep in safe custody the surety bonds covering the fidelity and faithful performance of each and every Township official required to furnish such bond, except that the Clerk’s surety bond shall be filed with the Chief Financial Officer.

B. Custodian of records. Act as custodian of records for all official books, papers and documents of the Township for which no other repository is provided by Charter or ordinance, and preserve and keep them safely.

C. Custodian of the Seal. Act as custodian of the Township Seal and cause it to be affixed to instruments and writings when specifically authorized by law or when necessary to exemplify any document or record in his or her office, or to certify any paper.

D. Issue licenses. Under the supervision of the Administrator, administer regulatory licenses pursuant to Township ordinances and general law.

E. Township improvement search officer. Act as Township improvement search officer charging and receiving for the use of the Township such fees for searches, transcripts and certifications as shall be authorized by Council resolution.

F. Clerk of elections. Act as clerk of elections, performing all functions required by the general law under Title 19 of the Revised Statutes of New Jersey to be performed by the Township Clerk and, in this connection, receive for Township use the fees prescribed therefor.

G. Other. Perform such other duties as the Council, by resolution or ordinance, shall provide.

§ 20-81. Deputy Clerk; other personnel.

The Council may appoint a Deputy Township Clerk who shall have, exercise and perform the functions, powers and duties of the Clerk in his or her absence. There shall be such other personnel in the office of the Clerk as may be authorized by ordinance.

Article XV. Office of the Tax Assessor

§ 20-82. Appointment.

[Amended by Ord. No. 1999-9]

The Mayor shall appoint a Tax Assessor with advice and consent of the Township Council.

§ 20-83. Term.

The term of the Tax Assessor shall be for a period of four years from July 1 next following his or her appointment.

§ 20-84. Compensation.

The Tax Assessor and Deputy Tax Assessor, if there is one, shall be paid such compensation as is established for the position within the Salary Ordinance of the Township.

§ 20-85. Tenure.

A Tax Assessor, or Deputy Tax Assessor, shall have tenure as provided in N.J.S.A. 54:1-35.31, as amended.

§ 20-86. Qualifications.

The Tax Assessor and Deputy Tax Assessor shall hold a Tax Assessor’s certificate provided for in N.J.S.A. 54:1-35.25, as amended.

§ 20-87. Duties and powers.

The Tax Assessor and Deputy Tax Assessor shall:

A. Perform the duties of the Tax Assessor as prescribed by statute.

B. Be subject to general administrative procedures and requirements generally required of departments of municipal government, including, but not limited to, the preparation and submission of an annual budget and periodic budget reports, accounting controls, central purchasing practices, personnel procedures and regulations, and central data processing service, if utilized.

§ 20-88. Board of Assessors; transition.

Pursuant to N.J.S.A. 54:1-35.31, Boards of Assessors created prior to the effective date of the act are abolished and the Secretary of the former Board of Assessors shall be the Township Tax Assessor. The other members of the Board shall be Deputy Township Tax Assessors. Present former members of the Board of Assessors, pursuant to N.J.S.A. 54:1-35.31, as amended, shall not be removed therefrom for political reasons, but only for good cause shown and after proper hearing and due notice. Thereafter, any new Tax Assessor shall be appointed for the term as provided in § 20-83, and upon the vacation of the present position of Deputy Tax Assessor(s) the office shall be null and void and not exist in the Township.

Article XVI. Advisory Agencies and Councils

§ 20-89. Creation; appointments.

There shall be such advisory agencies and councils as established herein as well as such advisory boards and committees as are otherwise constituted and empowered by the Charter or this chapter, or by the Mayor and Council, or by the Mayor, or by the Council, as they may deem suitable and necessary. Such additional advisory boards and Committees may be appointed from time to time by any of the above appointing agencies to investigate, advise and recommend to the appointing agency for a specific purpose, and their creation may be provided for by a motion if such a body is formed for a temporary purpose. Any advisory board or committee so created shall be considered temporary if by the motion creating it its term is limited to no more than one calendar year.

Article XVII. Delran Development Agency

§ 20-90. Established; composition; appointment; term; qualifications.

There shall be a Delran Development Agency established in the Township composed of nine members, to be appointed, three by the Mayor and six by the Council. Each member shall serve for a term of three years. Members of the Agency may hold any other office or position within the Township. All members must be residents of the Township and remain residents of the Township during their term. A member who, subsequent to his or her appointment, shall move from the Township shall immediately vacate and forfeit membership on the Agency. Until a subsequent appointment is made by the appropriate appointing agency, that post shall be deemed vacant. The members of the Agency shall serve without compensation.

§ 20-91. Organization.

The Committee shall provide for its own organization, including a Chairperson, and for such other internal organization as it may deem desirable.

§ 20-92. Functions and duties.

The Agency shall promote and encourage the establishment of desirable industrial and commercial development within the Township. It may from time to time cause advertisements or publications to be placed or distributed in accordance with available funds provided by the Council. The Agency shall function as a public relations arm of the Township in promoting the benefits of the Township to desirable industrial and commercial development. The Agency shall meet at least quarterly and shall submit a copy of the minutes of its meeting to the Business Administrator, Mayor, each member of Council, Planning Board and Zoning Board of Adjustment and to the Delran Sewerage Authority and the Fire Commissioners of the Township. The Agency shall prepare such reports as it deems desirable for distribution to the Mayor and Council, and each year in November shall prepare a detailed report of its activities for the preceding year for submission to the Mayor for inclusion in his or her annual report.

§ 20-93. Staff services; expenditure of funds.

The Agency may recommend to the Council, through the Business Administrator, the employment of such technical, professional and clerical personnel as may be required for the performance of its functions. Requests for the expenditure of funds shall be made by the agency to the Business Administrator, who shall either approve or disapprove the request for funds, consistent with budgetary appropriations. The Agency shall make no commitment for the expenditure of funds without the prior written approval of the Business Administrator.

Article XVIII. Intermunicipal Council

§ 20-94. Intermunicipal Council established.

There shall be an Intermunicipal Council to coordinate the activities of the various agencies, boards, bodies and committees and others performing governmental functions in and for the Township.

§ 20-95. Composition.

[Amended 8-7-2005 by Ord. No. 2005-25]

The Intermunicipal Council shall consist of the following: Mayor; President of Township Council; members of Township Council; Township Clerk; Business Administrator; Chief of Police; Health Coordinator; Construction Code Official; Zoning Officer; heads of all departments; a representative of the Recreation Committee; a representative of the Planning Board; a representative of the Zoning Board of Adjustment; a representative of the Fire Commissioners; a representative of the Industrial Development Agency; and a representative of the Environmental Agency; and such other members as the Mayor or Council may designate. Such additional members as designated by the Mayor or Council may become permanent members or invited to participate in one or more meetings for specific purposes. Membership shall be by office or position and not by individual.

§ 20-96. Functions and duties.

[Amended 8-7-2005 by Ord. No. 2005-25]

The Intermunicipal Council shall meet at least quarterly and at such other times as may be deemed desirable. Special meetings may be called at any time when necessary by the Mayor or by the Council President or by a majority of the Council. It shall be the duty and function of the Intermunicipal Council to review generally the progress of the Township in its various areas of activity and to provide for open communication between all of the agencies, boards, committees and functioning positions in the Township. Minutes of each meeting shall be prepared and distributed to each member of the Intermunicipal Council.

§ 20-97. Procedures.

It shall be the responsibility of the Business Administrator to prepare the agenda for the Intermunicipal Council meetings. Members of the Intermunicipal Council, or others within the Township, shall propose to the Business Administrator, no less than five days prior to the meeting, such items as they would like to have considered and reviewed at the Intermunicipal Council meetings. The Administrator shall have the agenda prepared and distributed to all members at or prior to the meeting. Matters coming before the Intermunicipal Council shall not be limited to the agenda but may be expanded during the meeting to include any subject of general interest relating to the efficient operation of the government of the Township. When deemed desirable, guests may be invited to attend meetings of the Intermunicipal Council by any member of the Council or the Mayor.

Article XIX. (Reserved)

Editor’s Note: Former Art. XIX, Environmental Advisory Agency, was repealed 3-22-2011 by Ord. No. 2011-4.

§ 20-98. through § 20-104. (Reserved)

Article XX. Township Historian

§ 20-105. Position established.

There shall be a Township Historian designated by the Mayor with the advice and consent of Council.

§ 20-106. Duties.

The Historian shall be responsible for compiling and maintaining items of historical significance and importance in the Township and/or in the surrounding area. Records and archives shall be maintained in a suitable location in the Township municipal building, and the Historian, in cooperation with the Business Administrator, shall make appropriate arrangements for the display of all or a portion of the historical archives at such places as may be deemed desirable throughout the Township and at such times as are deemed desirable.

§ 20-107. Assistant Historian.

The Historian shall have the authority to designate an Assistant Historian, without compensation, to undertake such duties and functions as the Historian may from time to time prescribe.

§ 20-108. Compensation.

The Historian shall receive such annual compensation as may be provided by ordinance. The Council shall make an annual provision in its budget for the functioning of this activity.

Article XXI. Marine Affairs Advisory Agency

§ 20-109. Marine Affairs Advisory Agency established; composition.

There shall be a Marine Affairs Advisory Agency consisting of five members, with three being appointed by the Mayor and two being appointed by the Council. Members shall serve for a term of one year without compensation.

§ 20-110. Duties.

A. The Agency shall promote and foster the development and growth of the harbors and waterways of the Township, coordinating with various state, local and federal agencies having partial or concurrent jurisdiction over the harbors, waterways, navigable streams, rivers and bodies of water within or adjacent to the Township.

B. The Agency shall recommend to the Mayor and Council programs designed to protect, enhance, utilize and otherwise develop the lakes, rivers, streams, waterways and harbors of the Township, and recommend applications for state and/or federal aid money when available to promote the purposes of the Agency and of the Township.

§ 20-111. Recommendation of rules and regulations.

The Agency shall recommend to the Mayor and Council, from time to time, such rules, regulations and standards as the Agency may from time to time deem advisable to be adopted in the Township to further the development of marine affairs.

Article XXII. Supervision of Statutory Agencies; Qualifications of Members and Employees

§ 20-112. Allocation of supervision; residency.

The following statutory agencies are allocated to the supervision of the Mayor or of the Council, as the case may be, in accordance with and dependent upon which of them is the appointing authority. In the case of statutory agencies, where some of the members are appointed by the Mayor and some by Council, the supervision of that agency shall be jointly by the Mayor and Council. In the case of all statutory agencies, their activities shall be generally coordinated by the Business Administrator, who shall generally oversee the operation of such statutory agencies and promptly report any deficiencies appearing in their operation to the Mayor and Council. All appointed members of any board, agency or otherwise shall be residents of the Township, and all employees of any such board, agency or otherwise shall also be residents of the Township, except that they may be nonresidents and reside out of the Township only with the express written consent of the Mayor and Council.

Article XXIII. Planning Board

§ 20-113. Planning Board established.

There shall be a Planning Board, which shall be appointed pursuant to, and have such powers and duties as are set forth in, Chapter 37, Land Use Procedures, Articles I and III, of this Code.

Article XXIV. Zoning Board of Adjustment

§ 20-114. Zoning Board of Adjustment established.

There shall be a Zoning Board of Adjustment, which shall be appointed pursuant to, and have such powers and duties as are set forth in, Chapter 37, Land Use Procedures, Articles II and III, of this Code.

Article XXV. Municipal Court

§ 20-115. Municipal Court established; Municipal Court Administrator; Violations Bureau.

A. The Municipal Court, as heretofore established and empowered pursuant to N.J.S.A. 2B:12-1 et seq., is continued, and the Municipal Court Judge thereof shall continue in his or her statutory term of office and shall hereafter be appointed by the Mayor with the advice and consent of Council for a three-year term of office, as provided by law. The Council, in the event of vacancy of the office of Municipal Court Administrator, shall appoint a Municipal Court Administrator for a period of one year and provide for such other necessary clerical assistants for the Municipal Court and provide for their compensation. Pursuant to N.J.S.A. 2B:12-10, the Municipal Court Judge may appoint an Acting Municipal Court Administrator or Acting Deputy Municipal Court Administrator during the temporary absence of the individual who has received the permanent appointment as Municipal Court Administrator. Such Acting Municipal Court Administrator or Acting Deputy Municipal Court Administrator shall serve with such compensation as fixed by the Council, and such appointment shall be effective until the return of the Municipal Court Administrator or until the Council provides for an Acting Municipal Court Administrator or Acting Deputy Municipal Court Administrator to serve during the absence of the Municipal Court Administrator, whichever first occurs. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. A Violations Bureau may be established by the Municipal Court Judge if it is determined that the efficient disposition of the Court’s business and the convenience of defendants so require pursuant to Rule 7:7-1 of the Rules Governing the Courts of the State of New Jersey, as amended. The Violations Clerk shall serve during the term of the Municipal Court Judge appointing him or her and shall receive such compensation as may be fixed from time to time by ordinance of the Council.

§ 20-116. Municipal Prosecutor.

[Added by Ord. No. 1994-5]

A. Appointment and qualification. There shall be a Municipal Prosecutor of the Township of Delran who shall be an attorney at law of the State of New Jersey and shall serve for a period of one year from the first day of July of the year of his appointment until his successor has been duly appointed and qualified. The appointment of the Municipal Prosecutor shall be by resolution duly adopted pursuant to the Local Public Contracts Law. The Municipal Prosecutor shall be appointed by the Township Council.

B. Powers and duties of Municipal Prosecutor. The Municipal Prosecutor shall prosecute on behalf of the state or the Township of Delran any case to be tried before the Municipal Judge whenever requested to do so by the Judge, the Township Council, the Mayor, the Township Attorney or the Chief of Police of the Township of Delran and any and all matters that are properly brought before the Municipal Court of the Township of Delran and shall assume any and all duties as may from time to time be assigned to the office of the Municipal Prosecutor.

§ 20-117. Municipal Public Defender.

[Added by Ord. No. 1994-6; amended by Ord. No. 1998-4]

A. Public Defender; appointment. There is hereby created the position of Municipal Public Defender who shall be appointed by the Township Council. The Township Council may appoint a Municipal Public Defender and such Deputy Municipal Public Defenders as may be determined by the Township Council to be necessary.

B. Qualifications. In accordance with the provisions of P.L. 1997, c. 256, Editor’s Note: See N.J.S.A. 2B:24-1 et seq. the Municipal Public Defender and any Deputy Municipal Public Defenders shall be qualified as an attorney at law of the State of New Jersey in good standing and shall represent those defendants appearing in Municipal Court who are determined by the Court to be indigent and whose representation is assigned to the Township Public Defender by the Court.

C. Term. The Municipal Public Defender or Deputy Municipal Public Defender shall be appointed for a term of one year from the date of appointment and may continue to serve in office pending reappointment or appointment of a successor.

D. Compensation. The Municipal Public Defender or Deputy Municipal Public Defender shall be compensated in the manner established by ordinance.

E. Duties of the Municipal Public Defender. The Municipal Public Defender shall have all of the duties provided by P.L. 1997, c. 256 Editor’s Note: See N.J.S.A. 2B:24-1 et seq. in the representation of indigent defendants in proceedings over which the Delran Municipal Court has jurisdiction and shall have authority over any Deputy Municipal Public Defenders that may be appointed by the Township Council with respect to the performance of their duties.

F. Deputy Municipal Public Defender. The Deputy Municipal Public Defender, if one or more shall be appointed, shall serve in the absence or disqualification of the Municipal Public Defender or when assigned by the Municipal Public Defender.

G. Representation of private clients. The Municipal Public Defenders may represent private clients in the Municipal Court and before Township agencies, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.

§ 20-118. Application fee for representation by Municipal Public Defender; waiver.

[Added by Ord. No. 1994-6; amended by Ord. No. 1998-4]

A. Application for representation by the Public Defender. Any person applying for representation by a Municipal Public Defender shall pay an application fee of $200. In accordance P.L. 1997, c. 256, Editor’s Note: See N.J.S.A. 2B:24-1 et seq. and with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.

B. Eligibility for services. Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection C. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.

C. Investigation of financial status. The Municipal Court shall make an investigation of the financial status of each defendant seeking representation and shall have the authority to require a defendant to execute and deliver written requests or authorizations required under applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility. As provided by law, the Court is authorized to obtain information from any public record office of the state or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.

D. Financial obligations of parents or guardians. As provided by P.L. 1997, c. 256, Editor’s Note: See N.J.S.A. 2B:24-1 et seq. whenever a person entitled to representation by a Municipal Public Defender pursuant to this section is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual’s parents or legal guardians.

E. Reimbursement to the Township. As provided by P.L. 1997, c. 256, if the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the Township, and the Township shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this section as calculated at the same rate as the office of the Public Defender bills clients at that time.

F. Collection and settlement of claims. The Municipal Attorney may do all things necessary to collect any money due to the Township by way of reimbursement for services rendered by a Municipal Public Defender. The Municipal Attorney may enter into arrangements with any state or county agency to handle collections on a cost basis. The Municipal Attorney shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment in a civil action and shall also be permitted to collect counsel fees and costs from the defendant. The Municipal Attorney is authorized to compromise and settle any claim for services performed whenever the financial circumstances of the person receiving the services are such that, in the judgment of the Municipal Attorney, the best interest of the Township will be served by compromise and settlement.

G. Establishment of fund. Funds collected from the application fee shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. The funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.

H. Effective dates. The application fee set forth in Subsection A above shall take effect as of March 22, 1998. In accordance with the provisions of P.L. 1997, c. 256, § 6c, Editor’s Note: See N.J.S.A. 2B:24-6c. the Township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.

Article XXVI. (Reserved)

Editor’s Note: Former Art. XXVI, Sewerage Authority, as amended, was repealed 4-27-2010 by Ord. No. 2010-5. See now Art. XXXI, Department of Sewer Utility, and Ch. 281, Sewer Utility.

§ 20-119. (Reserved)

Article XXVII. Uniform Construction Code Enforcing Agency

§ 20-120. Enforcing agency established.

[Amended 8-17-2005 by Ord. No. 2005-25]

There shall be a Uniform Construction Code enforcing agency, established in accordance with the provisions of Article XIII, Department of Inspections, of this chapter. Editor’s Note: See also Ch. 118, Construction Codes, Uniform.

Article XXVIII. Officers and Employees

§ 20-121. Compensation.

A. Officers and employees shall receive such compensation as may be in the Salary Ordinance of the Township. Editor’s Note: The current Salary Ordinance is on file in the office of the Township Clerk.

B. All expenses actually incurred in the performance of official duties shall be reimbursable.

§ 20-122. Surety bonds.

A. Required. Every officer or employee of the Township who, by virtue of his or her office or position, is entrusted with the receipt, custody or expenditure of public moneys or funds, and any other officer or employee who may be required to do so by the Council, before entering upon the duties of his or her office or position, shall execute and deliver a surety bond in such amount as may be fixed by resolution of Council, binding him or her to the Township in its corporate name and conditioned upon the true and faithful performance of his or her duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver the same to the Township Clerk, except that the Clerk shall deliver his or her bond to the Chief Financial Officer before he or she enters upon the discharge of the duties of his or her office or employment.

B. Failure to execute bond. If any officer or employee shall neglect to execute or deliver his or her bond as herein required within 30 days after due notification of his or her election or appointment, his or her office may be declared vacant by the Council.

C. Approval of bond; payment of premium. In every case in which any person is required by the laws of the state or by any ordinance of the Township to give a bond for the faithful performance of his or her duties, such bond shall be secured by a corporate surety authorized to do business in this state and the premium therefor shall be paid by the Township. Each such bond shall be approved by the Department of Law as to form and by the Auditor as to sufficiency.

§ 20-123. Conflict of interest.

A. No officer or employee elected or appointed in the Township shall be interested, directly or indirectly, in any contract with the Township or in the compensation for work done or for materials or supplies furnished to the Township, nor shall he or she participate in any profits of such contractor or other person or receive any compensation, commission, gift or other reward for his or her services, except the salary or fees established by law or by ordinance or resolution of the Council.

B. No officer or employee elected or appointed in the Township shall accept or solicit anything of value as consideration for or in connection with the discharge of his or her official duties other than the fee or compensation prescribed by law.

C. Any officer or employee who violates any provision of this section or of any statute or ordinance relating to conflict of interests shall be deemed guilty of misconduct in office and liable to removal from office therefor.

§ 20-124. Employee supervision; grievances.

A. Authority of department head. Each department head shall have the power, except as otherwise specifically provided by law, to appoint, remove and suspend subordinate officers and employees within the department, subject to applicable civil service rules and regulations.

B. Grievance procedures. The Business Administrator shall establish an employee grievance procedure, to be employed by each department head. The procedure shall be designed to complete the grievance procedure within the department, but shall also contain the provision that, in the event that the grievance cannot be disposed of within the department, the Administrator, by an established employee grievance committee, consisting of five officers and employees of the Township, shall hear, review and adjust informally such grievances that any employee or department head may present to it.

§ 20-125. Delivery of funds and records.

Upon the termination of the term of office or the employment of any officer or employee, he or she shall forthwith deliver to his or her successor, or if there be no successor, to the Clerk or other person who may be designated by the Council to receive the same, all moneys, papers, books, memoranda, accounts and any data of any nature whatever pertaining to his or her office.

§ 20-126. Public office hours.

The public, administrative and executive business offices of the Township shall be open for transaction of public business daily, except Saturdays and Sundays and legal holidays, between the hours as the Mayor may prescribe with the approval of the Council, except as otherwise provided by law. All departments, in time of emergency, shall provide municipal services or work on any day or days whenever the Mayor determines that a public exigency or emergency so requires.

§ 20-127. Defense and indemnification.

Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

A. Authorization of indemnification. Pursuant to N.J.S.A. 59:10-4, the Township of Delran does hereby authorize indemnification of any person now or in the future holding any office, position or employment, elective or appointive, hereafter referred to as an “employee.”

B. Provision of defense for employees. The Township, upon request, shall provide for the defense of any action, suit or proceeding, commenced or threatened, whether civil, criminal, administrative or investigative, including a cross action, counterclaim or cross complaint, against any employee on account of any act or omission in the scope of his employment and shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, provided that the act or the failure to act does not arise out of actual fraud, willful misconduct or actual malice.

C. Provision of indemnification of employees. The Township shall indemnify and save harmless each employee from financial loss resulting from any action described above in this section, including claims, losses, expenses, judgments, fines, attorney fees, court costs and expert or technical witness fees and any amount paid in settlement thereof and actually and reasonably incurred in connection therewith, to the extent permitted by law. Expenses thus incurred may be paid in advance of final disposition of the action. Nothing herein shall authorize the Township to pay for damages resulting from the commission of a crime. However, the Township is required to indemnify and save harmless each employee from financial loss resulting from any action described above, including punitive or exemplary damages.

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

EMPLOYEE

(1) Shall apply to all employees irrespective of the number of hours worked per week.

(2) Shall include each such person, whether or not such person holds a professional license or certificate, being paid a fixed salary or hourly rate for the performance of his duties, but shall not include any person furnishing professional or extraordinary unspecifiable services under separate appointment, retainer, agreement or contract.

(3) Shall include persons formerly holding office or employment, provided that the events giving rise to a cause of action or claim hereunder occur after the effective date of this section.

E. Employment of legal counsel and expert and technical personnel. The Township may employ legal counsel and expert or technical personnel to provide a defense, pursuant to this section, and may purchase appropriate insurance as protection against any liability arising under this section.

F. Conditions.

(1) An employee shall not be entitled to indemnification or the cost of defense under this section unless, within 10 days of the time such employee is served with any summons, order to show cause, complaint, process, notice, demand or pleading, he delivers the same or a copy thereof to the Township Clerk to forthwith notify the Mayor and Township Attorney thereof, provided that such time period may be extended for cause by the affirmative vote of a majority of the full membership of the Township Council.

(2) An employee requesting defense of any action or claiming indemnification under this section shall cooperate fully and in good faith with the Township and with any attorneys, adjusters, investigators or expert or technical personnel engaged for this purpose, in the preparation and presentation of a defense to such action or the settlement or other disposition thereof. If the employee neglects, fails or refuses to cooperate as aforesaid, the Township Council, after a hearing on 10 days’ written notice to the employee and for cause, may declare all rights created under this section for the benefit of such employee to be forfeited and terminated by the affirmative vote of a majority of the full membership of the Township Council.

Article XXIX. Public Records

Editor’s Note: See also § 3-13, Reproduction of public records, which contains fees for records.

§ 20-128. Township records to be maintained.

All books, maps, papers, accounts, statements, vouchers and other documents acquired or produced in any Township department shall be carefully and conveniently filed, kept and preserved and be and remain the sole property of the Township and shall not at any time be removed from the offices of a department, except when required for use in the official business of the Township and shall be returned to such office without delay. Each Township officer shall be responsible for assuring that the requirements of this article are complied with in respect to his or her particular office. This article shall be subject to the provisions of Destruction of Public Records Law (1953), N.J.S.A. 47:3-15 et seq., as amended.

§ 20-129. Records open to public.

All public documents and records of the Township shall be open to public search, inspection and examination, during office hours, subject to and within the limitations prescribed by law.

§ 20-130. Requests for reproduction of public records.

Editor’s Note: See also § 150-13, Reproduction of public records.

[Added 8-24-2004 by Ord. No. 2004-16]

A. Any person seeking the reproduction of public records, documents or other information as contemplated by this article shall submit his or her request, in writing, on a form prescribed by the Township Clerk, who is hereby designated as the custodian of records in accordance with N.J.S.A. 47:1A-1.1. All requests will be handled in accordance with N.J.S.A. 47:1A-1 et seq.

B. Prior to commencing with the reproduction of said public records and/or documents, the Township Clerk shall first estimate the number of pages or other formats involved and provide the requesting party with a written estimate of the costs of reproduction. No photocopying of any document shall be undertaken without the requesting party first having provided, by check or cash, the funds so estimated as necessary for that reproduction. In the event that the photocopying or other reproduction charges exceed the amount estimated, the requesting party shall be required to pay the difference. Applicable postage shall be added for any and all records requested by mail.

C. Time for compliance. Unless a shorter time period is otherwise provided by statute, regulation, or executive order, the Clerk shall grant access to a government record or deny a request for access to a record as soon as possible, but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived. In the event that the Clerk fails to respond within seven business days after receiving a request, the failure to respond shall be deemed a denial of the request, unless the requestor has elected not to provide a name, address, or telephone number, or other means of contacting the requestor. If the requestor has elected not to provide a name, address, or telephone number, or other means of contacting the requestor, the Clerk shall not be required to respond until the requestor reappears before the Clerk seeking a response to the original request. If the government record is in storage or archived, the requestor shall be so advised within seven business days after the Clerk receives the request. The requestor shall be advised by the Clerk when the record can be made available. If the record is not made available by that time, access shall be deemed denied.

D. Appeals procedure. The Clerk shall post prominently in public view, in or adjacent to the Clerk’s office, a statement that sets forth, in clear, concise, and specific terms, the right to appeal a denial of or failure to provide access to a government record and the procedures by which an appeal may be filed.

Article XXX. Emergency Management Service

[Added by Ord. No. 1999-17]

§ 20-131. Emergency Management Coordinator.

A. The Mayor shall appoint an Emergency Management Coordinator from among the residents of the municipality. The Emergency Management Coordinator shall serve, subject to fulfilling the requirements of this section, for a term of three years.

B. As a condition of his appointment and his right to continue for the full term of his appointment, the Emergency Management Coordinator shall have successfully completed, at the time of his appointment or within one year immediately following his appointment, the current approved home study course and the basic emergency management workshop. The failure of any Emergency Management Coordinator to fulfill such requirements within the period prescribed shall disqualify the Coordinator from continuing in the office of Coordinator, and thereupon a vacancy in said office shall be deemed to have been created.

§ 20-132. Removal of Emergency Management Coordinator.

In the event that the Governor removes the Township’s Emergency Management Coordinator, pursuant to N.J.S.A. A:9-40.2, the Mayor shall appoint a new Emergency Management Coordinator with the approval of the Governor. If the Mayor shall not appoint a Municipal Emergency Management Coordinator within 10 days after such office becomes vacant, the Governor may appoint a temporary municipal Emergency Management Coordinator, who shall serve and perform all duties of that office until such time as a new municipal Emergency Management Coordinator shall be appointed by the Mayor with the approval of the Governor.

§ 20-133. Emergency Management Deputy Coordinator.

The Emergency Management Coordinator shall appoint an Emergency Management Deputy Coordinator with the approval of the Mayor. Wherever possible, such Deputy shall be appointed from among the salaried officers or employees of the municipality.

§ 20-134. Duties of Coordinator.

A. The Emergency Management Coordinator shall be responsible for the planning, activating, coordinating and the conduct of disaster control operations within the Township.

B. Whenever, in his opinion, a disaster has occurred or is imminent in any municipality, the Emergency Management Coordinator of the municipality shall proclaim a state of local disaster emergency within the Township. The Emergency Management Coordinator, in accordance with regulations promulgated by the State Civilian Defense Director, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out disaster control operations and to protect the health, safety and resources of the residents of the Township.

§ 20-135. Emergency Management Service Council.

There is hereby created an Emergency Management Service Council to be composed of not more than 15 members who shall be appointed by the Mayor and shall hold office at the will and pleasure of the Mayor. The Emergency Management Coordinator shall be a member and shall serve as Chairman of the Emergency Management Service Council.

§ 20-136. Duties of Council.

A. The Emergency Management Service Council shall assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all local civil defense and disaster control activities in accordance with the rules and regulations established by the Governor of the State of New Jersey.

B. The Emergency Management Service Council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the civil defense and disaster control activities of the local municipality.

§ 20-137. Written Emergency Operations Plan; adoption; periodic evaluation.

A. The Emergency Management Coordinator and Emergency Management Council shall prepare and maintain a written Emergency Operations Plan with all appropriate annexes necessary to implement the plan. The Emergency Operations Plan shall be adopted no later than one year after the State Emergency Planning Guidelines have been adopted by the State Office of Emergency Management and shall be evaluated at such subsequent scheduled review of the State Emergency Operations Plan.

B. In the preparation of this plan, it is the intent that the services, equipment, facilities and personnel of all existing departments, agencies, boards and commissions, including volunteer fire companies and rescue squads, shall be utilized to the fullest extent to protect the peace, health and safety of citizens. When the plan is approved, it shall be the duty of all municipal departments to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times.

C. The basic plan shall be considered supplementary to this chapter and have the effect of law whenever a disaster as defined in this chapter has been proclaimed. The plan shall be compatible with county and state plans.

§ 20-138. Emergency Operations Plan; requirement and contents; review and update.

The Emergency Operations Plan shall conform to all relevant federal and state statutes, rules and regulations concerning emergency operations and shall include the identification of significant hazards affecting the Township. The Emergency Operations Plan shall be based upon planning criteria, objectives, requirements, responsibilities and concepts of operation for the implementation of all necessary and appropriate protective or remedial measures to be taken in response to an actual or threatened emergency as determined by the State Director of Emergency Management. The Emergency Operations Plan shall be reviewed and updated at least every two years.

§ 20-139. Submission to State Office of Emergency Management.

The Emergency Management Council shall submit an Emergency Operations Plan to the State Office of Emergency Management which shall not take effect without approval by the State Office of Emergency Management. The State Office of Emergency Management shall review the plans and determine its compatibility with the State Emergency Operations Plan Guidelines and shall either approve, conditionally approve or disapprove the plan. The State Office of Emergency Management shall set forth, in writing, its reasons for disapproval of any plan or, in the case of the issuance of a conditional approval, shall specify the necessary amendments to the plan. If the State Office of Emergency Management fails to approve, conditionally approve, or disapprove an Emergency Operations Plan within 60 days of receipt of the plan, it shall be considered approved by the State Office of Emergency Management.

§ 20-140. Compliance required; hindrance prohibited.

It shall be unlawful for any person to violate any of the provisions of this article or of the regulations or plans issued pursuant to the authority contained herein, or to willingly obstruct, hinder or delay any member of the emergency management organization as herein defined in enforcement of the provisions of this article or by any regulation or plan issued thereunder.

§ 20-141. Violations and penalties.

[Amended 8-7-2005 by Ord.No. 2005-25]

Any person, firm or corporation violating any provision of this article or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punished by a fine of not more than $1,000 and costs of prosecution or imprisonment in the Burlington County jail for a period of not more than six months, or both such fine and imprisonment, in the discretion of the court.

§ 20-142. through § 20-149. (Reserved)

Article XXXI. Department of Sewer Utility

[Added 4-27-2010 by Ord. No. 2010-5]

§ 20-150. Department of Sewer Utility; establishment.

There shall be a Department of Sewer Utility, the Director of which shall be appointed by the Mayor. The duties and functions of the Department of Sewer Utility are set forth in Chapter 281, entitled “Sewer Utility.”

Chapter 37. LAND USE PROCEDURES

[HISTORY: Adopted by the Township Council of the Township of Delran as Ch. XIX of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 118.

Fees — See Ch. 150.

Fire prevention — See Ch. 162.

Flood damage prevention — See Ch. 167.

Site plan review — See Ch. 290.

Subdivision of land — See Ch. 310.

Zoning — See Ch. 355.

Article I. Planning Board

§ 37-1. Establishment.

[Amended by Ord. No. 2000-18]

There is hereby established in the Township, pursuant to N.J.S.A. 40:55D-1 et seq., a Planning Board of nine members and two alternate members consisting of the following classes:

A. Regular members.

(1) Class I. The Mayor or the Mayor’s designee in the absence of the Mayor.

(2) Class II. One of the officials of the Township other than a member of the Township Council, to be appointed by the Mayor; provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

(3) Class III. A member of the Council, to be appointed by it.

(4) Class IV. Six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission. No member of the Board of Education may be a Class IV member of the Planning Board except that one Class IV member may be a member of the Board of Education. If there be a Municipal Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

B. Alternate members.

(1) Two alternate members shall be appointed to the Planning Board by the Mayor. They shall meet all qualifications of Class IV members. At the time of their appointment they shall be designated as “Alternate No. 1” and “Alternate No. 2.”

(2) Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

C. Substitute members. If the Planning Board should lack a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member’s personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board. Members of the Zoning Board of Adjustment shall be chosen in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter. If a choice should have to be made between regular members of equal seniority, the Chairperson of the Board of Adjustment shall make the choice.

§ 37-2. Terms of office; removal from office.

[Amended by Ord. No. 1986-12; Ord. No. 2000-18]

A. Regular members.

(1) The term of the member composing Class I shall correspond with his or her official term or, if the member is the Mayor’s designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor’s official tenure. The terms of the Class II and Class III members shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who shall also be a member of the Environmental Commission. The term of a Class II or Class IV member who shall also be a member of the Environmental Commission shall be for three years, or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.

(2) The term of a Class IV member who shall also be a member of the Zoning Board of Adjustment or a Board of Education shall terminate whenever he or she is no longer a member of such other body, or at the completion of his or her Class IV term, whichever occurs first.

(3) The terms of all Class IV members shall be for four years, except as otherwise hereinabove provided.

(4) All terms shall run from July 1 of the year in which the appointment is made. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Council for cause.

B. Alternate members. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall expire in alternate years.

§ 37-3. Vacancies.

If a vacancy in any class occurs other than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.

§ 37-4. Organization of Board.

The Planning Board shall select a Chairperson and Vice Chairperson from the members of Class IV, and shall also select a Secretary and an Assistant Secretary, who may be either a member of the Planning Board or a Township employee.

§ 37-5. Planning Board Attorney.

The Planning Board may annually appoint and, subject to the appropriation of funds, fix the compensation or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Township Attorney.

§ 37-6. Experts and staff.

The Planning Board may also employ or contract for the services of experts and other staff and services, as it may deem necessary. The Board, however, shall not exceed, exclusive of gifts or grants, the amount appropriated by the Council for its use.

§ 37-7. Powers and duties generally.

The Planning Board is authorized to adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of the land use ordinances. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply. It shall also have the following powers and duties:

A. To make and adopt, and from time to time amend, a Master Plan for the physical development of the Township, including a specific policy statement respecting its relationship to any areas outside its boundaries which, in the Board’s judgment, bear essentially upon the planning of the Township, reworded to provide for a policy statement rather than regulation, in accordance with the provisions of N.J.S.A. 40:55D-28.

B. To administer the provision of Chapter 290, Site Plan Review, and Chapter 310, Subdivision of Land, in accordance with the provisions of such ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

C. To approve conditional use applications in accordance with the provisions of Chapter 355, Zoning, pursuant to N.J.S.A. 40:55D-67.

D. To participate in the preparation and review of programs or plans required by state or federal law or regulations.

E. To assemble data on a continuing basis as part of a continuous planning process.

F. To annually prepare a program of Township capital improvement projects projected over a term of six years, and amendments thereto, and to recommend same to the Township Council. The operating departments of the Township and the respective boards of education are to be requested by letter to indicate their requirements.

G. To establish the Official Map, pursuant to an ordinance of the Council, and recommend amendments to the same, pursuant to N.J.S.A. 40:55D-32 and 40:55D-33.

H. To consider and report to the Council within 35 days of referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the Council pursuant to the provisions of N.J.S.A. 40:55D-26b.

I. Variances or direction for issuance of a permit.

(1) When reviewing applications for approval of a subdivision, site plan or conditional use, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

(a) Variances pursuant to N.J.S.A. 40:55D-70c from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one lot.

(b) Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

(c) Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not relating to a street.

(2) Whenever relief is requested, pursuant to the provisions of this subsection, notice of a hearing on the application for development shall include reference to the request for variance or direction for issuance of a permit, as the case may be.

J. To perform other advisory duties as may be assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers.

§ 37-8. Time limitations for Planning Board action.

[Amended by Ord. No. 2000-18]

A. Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board, or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the Chairperson and Secretary of the Planning Board before it is accepted for filing by the County Recording Officer.

B. Preliminary approval, major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission, or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission, or within such further time as may be consented to by the developer.

C. Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in § 37-7I, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.

D. Final approval, major subdivisions. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application, or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plat has been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days.

E. Site plan approval.

(1) Minor site plan approval shall be granted or denied within 45 days of the date of the submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, subject to any conditions that the Board may impose.

(2) Upon submission of a complete application for preliminary approval for a major site plan for 10 acres of land or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission or within such further time as may be consented to by the developer. Upon submission of a complete application for preliminary approval for a major site plan for more than 10 acres, or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of submission or within such further time as may be consented to by the developer.

F. Approval procedures for conditional uses.

(1) The Planning Board shall take action on an application for a conditional use within 95 days of submission of a complete application or within such further time as may be consented to by the applicant.

(a) This time period shall be extended to be concurrent with the review of a site plan application.

(b) An approval shall be conditioned upon receipt of a favorable recommendation from the County Planning Board or other appropriate agency.

(2) The Zoning Board of Adjustment shall take action on a conditional use approval application which includes a request for relief pursuant to N.J.S.A. 40:55D-70d within 120 days after the application has been certified complete or within such further time as may be consented to by the applicant. In the event that the applicant elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Zoning Board of Adjustment to act within the prescribed time period shall constitute approval of the application.

(3) Effect of approval. The rights granted to an applicant upon approval of conditional use shall be effective from the date of approval for a period of one year unless the applicant has commenced such use within such one-year period. Rights granted shall expire upon the expiration of such one-year period in the event the applicant has not commenced such use or upon the abandonment of the use.

G. Completeness of application.

(1) An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board when so certified by the Planning Board or its authorized designee. In the event that the Planning Board or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:

(a) The application lacks information required by the specific land development ordinances for the particular type of application, which list of requirements shall be provided to the applicant; and

(b) The Planning Board or its designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

(2) The applicant may request that one or more of the submission requirements be waived, in which event the Planning Board shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant’s obligation to prove in the application process that he or she is entitled to approval of the application. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board.

§ 37-9. Advisory Committee.

The Mayor may appoint one or more persons as a Citizens’ Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

§ 37-10. Applications; procedure for filing.

Applications for development within the jurisdiction of the Planning Board shall be filed with the Secretary of the Planning Board. Applicants shall file at least 14 days before the date of the monthly meeting of the Board three copies of a sketch plat; three copies of the application for minor subdivision approval; three copies of the application for major subdivision approval; or three copies of the application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.

Article II. Zoning Board of Adjustment

§ 37-11. Establishment; members.

A. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69, which shall consist of seven regular members and two alternate members. All members shall be residents of the Township and shall be appointed by the Council. No member of the Zoning Board of Adjustment may hold any elective office or position in the Township government.

B. Alternate members shall be designated at the time of appointment by the Council as “Alternate No. 1” and “Alternate No. 2.”

C. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

§ 37-12. Terms of office.

A. Regular members. The term of each regular member shall be four years. The terms of the members first appointed under this chapter shall be so determined that, to the greatest extent practicable, the expiration of such term shall be distributed evenly over the first four years after their appointment, provided that the initial term shall not exceed four years.

B. Alternate members. The term of each alternate member shall be two years, except that the terms of the alternate members shall expire in alternate years.

§ 37-13. Vacancies.

If a vacancy occurs other than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

§ 37-14. Organization of Board.

The Zoning Board of Adjustment shall elect a Chairperson and Vice Chairperson from among its members and shall also select a Secretary and an Assistant Secretary, who may be a Board member or a Township employee.

§ 37-15. Zoning Board of Adjustment Attorney.

The Zoning Board of Adjustment may annually appoint and, subject to the appropriation of funds, fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Township Attorney.

§ 37-16. Experts and staff.

The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary.

§ 37-17. Expenditures.

The Zoning Board of Adjustment shall not authorize expenditures which exceed, exclusive of gifts and grants, the amount appropriated by the Township Council for its use.

§ 37-18. Powers and duties.

[Amended by Ord. No. 2000-18]

The Zoning Board of Adjustment shall have the following powers:

A. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 355, Zoning.

B. To hear and decide requests for interpretation of the Zoning Map or Chapter 355, Zoning, or for decisions upon special questions upon which such Board is authorized by the Chapter 355, Zoning, to pass.

C. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Chapter 355, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A.. 40:55D-60a.

D. Variances.

(1) In particular cases and for special reasons, to grant a variance to allow departure from regulations, pursuant to Chapter 355, Zoning, to permit:

(a) A use or principal structure in a district restricted against such use or principal structure.

(b) An expansion of a nonconforming use.

(d) An increase in the permitted floor area ratio, as defined in N.J.S.A. 40:55D-4.

(e) An increase in the permitted density, as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.

(f) A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

(2) A variance under this Subsection D shall be granted only by affirmative vote of at least five members.

E. To direct issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

F. To direct issuance of a permit, pursuant to N.J.S.A. 40:55D-35, for a building or structure not related to a street.

G. To grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval, pursuant to N.J.S.A. 40:55D-37 through 40:55D-59, or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of a use variance, pursuant to Subsection D of this section.

(1) No variance or other relief may be granted under the provisions of Subsections A through D of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and Chapter 355, Zoning.

(2) The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 355, Zoning. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for the approval in question, and the special vote, pursuant to Subsection D, above, shall not be required. Any application under any provision of this subsection may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

H. To adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this section and Chapter 355, Zoning.

I. It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board.

J. Whenever any application for a variance pursuant to N.J.S.A. 40:55D-70d is made to Zoning Board of Adjustment, whether or not accompanied by a site plan, subdivision, or other land development application, the Board shall refer such application to its duly appointed professional planner for a report with respect to the impact of the application on the Township Master Plan and the criteria set forth in N.J.S.A. 40:55D-70d and, where appropriate, N.J.S.A. 40:55D-76b. Such report shall be submitted to the Board for its consideration prior to action on the application. The cost of such report shall be covered by the applicant as for other professional review fees pursuant to the Municipal Land Use Law.

[Added 9-15-2004 by Ord. No. 2004-20]

§ 37-19. Appeals and applications.

A. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 355, Zoning, or the Official Map. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72a by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of such notice with the Secretary of the Zoning Board of Adjustment. Such notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

B. Applications addressed to the original jurisdiction of the Zoning Board of Adjustment, without prior application to an administrative officer, shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Zoning Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.

C. An appeal to the Board shall stay all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and for good cause shown.

D. An appeal or application to the Zoning Board of Adjustment shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized designee. In the event that the Board or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for purposes of commencing the applicable time period unless:

(1) The application lacks information in the form and substance required by the checklist for the particular type of application, which list of requirements and forms shall be provided to the applicant; and

(2) The Zoning Board of Adjustment, or its designee, has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Zoning Board of Adjustment shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant’s obligation to prove in the application process that he or she is entitled to approval of the application. The Zoning Board of Adjustment may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Zoning Board of Adjustment.

§ 37-20. Reversal or modification on appeal.

The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and make such other requirement, decision or determination as ought to be made, and to that end have all powers of the officer from whom the appeal was taken.

§ 37-21. Time for decision.

The Zoning Board of Adjustment shall render its decision no later than 120 days after the date an appeal is taken from the decision of an administrative official, or the submission of a complete application for development to the Board, pursuant to the provisions of N.J.S.A. 40:55D-70b. In the event that the developer elects to submit separate consecutive applications in accordance with the provisions of § 37-18G, the aforesaid provisions shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Zoning Board of Adjustment to act within the period prescribed shall constitute approval of the application.

§ 37-22. Appeal to Township Council.

[Amended by Ord. No. 2000-18; Ord. No. 2000-24]

A. Any interested party may appeal to the Council any final decision of a Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision, pursuant to § 37-32D. The appeal to the Council shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his or her attorney, if represented. Such appeal shall be decided by the Council only upon the record established before the Zoning Board of Adjustment.

B. Notice of the meeting to review the record below shall be given by the Council, by personal service or certified mail, to the appellant, to those entitled to notice of a decision pursuant to § 37-30 and to the board from which the appeal was taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 37-29E.

C. The Council shall conclude a review of the record below not later than 95 days from the date of publication of the notice of decision below, pursuant to § 37-32D of this chapter, unless the applicant consents, in writing, to an extension of such period.

(1) The appellant shall:

(a) Within five days of service of the notice of appeal, pursuant to Subsection A hereof, arrange for a transcript, pursuant to N.J.S.A. 40:55D-10, for use by the Council and pay a deposit of $50 or the estimated cost of such transcription, whichever is less; or

(b) Within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk. Otherwise, the appeal may be dismissed for failure to prosecute.

(2) Failure of the Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the applicant, shall constitute a decision affirming the action of the Board.

D. The Council may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Zoning Board of Adjustment, as the case may be.

E. The affirmative vote of a majority of the full authorized membership of the Council shall be necessary to reverse, remand or to impose conditions on or alter conditions to any final action of the Board. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the Council shall constitute affirmance of the decision of the Board of Adjustment.

F. An appeal to the Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Board of Adjustment certifies to the Council, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Zoning Board of Adjustment and on good cause shown.

G. The Council shall mail a copy of the decision to the appellant or, if represented, then to his or her attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the Township Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he or she so desires. The Council may make a reasonable charge for such publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Township or the applicant.

Article III. Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment

§ 37-23. Advisory members.

A. The Fire Chief and the Police Chief of the Township shall be ex officio advisory members of the Planning Board and Zoning Board of Adjustment for the purposes of advising the boards on any application that may come before them on the impact the granting of such applications may have upon the furnishing of police or fire protection services, or any requirements that may be advisable in that regard.

B. Neither the Fire Chief nor the Police Chief shall vote on any matter coming before such Board, nor shall they be considered “regular” members of such Board as that term is used in the appropriate New Jersey statutes.

C. Both the Fire Chief and the Police Chief may, from time to time, appoint a member of their respective departments to attend any Board meeting in their place.

§ 37-24. Conflicts of interest.

No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he or she has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

§ 37-25. Meetings.

A. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled, unless cancelled for lack of applications for development to process.

B. Special meetings may be provided for at the call of the Chairperson or at the request of any two Board members. Such meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

C. No action shall be taken at any meeting without a quorum being present.

D. All actions shall be taken by majority vote of the members present, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.

E. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq. To the extent permitted by the Open Public Meetings Law, and in accordance with the provisions of N.J.S.A. 40:55D-9, an executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting, and no actions requiring a vote shall be taken.

§ 37-26. Minutes.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his or her use, as provided for in the rules of the Board.

§ 37-27. Fees and escrows.

A. Determination of fees. Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment, or any member of their administrative staffs, which are not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of such rules or of the separate fee schedule shall be available to the public. Fees shall be as set forth in § 150-8, Land development.

B. Application charges and escrow deposits. Every application for development shall be accompanied by two separate checks payable to the Township of Delran, one for the application charge and the other for the escrow account, in accordance with the schedule set forth in § 150-8E, Escrows.

C. Multiple applications. In the case of applications involving more than one category of application for development, such as an application for site plan or subdivision approval coupled with a variance, the application charge shall be the highest of the applicable charges, plus 50% of all other applicable charges.

D. Nonrefundability. The application charge is a nonrefundable flat fee to cover administrative expenses.

E. Determination of site plan charges. On applications for site plan approval, the applicant shall submit a statement in support of the calculation of the application charge, which statement shall be subject to review by the Board.

§ 37-28. Professional review fees and escrows.

[Amended by Ord. No. 2000-18]

A. Reimbursement of Township expenses. In addition to the fees set forth in Chapter 150, Fees, an applicant shall be responsible for reimbursing the Township for all necessary expenses of professional personnel incurred and paid by the Township to process an application for development before the approving board, including, without limitation:

(1) Charges for reviews by professional personnel of applications and accompanying documents.

(2) Issuance of reports by professional personnel to the approving board setting forth recommendations resulting from the review of any documents submitted by the applicant.

(3) Charges for any telephone conference or meeting requested or initiated by the applicant, his or her attorney or any of his or her experts.

(4) Review of documents submitted by the applicant not required by ordinance and issuance of reports relating thereto.

(5) Review or preparation of easements, developer’s agreements, deeds or the like.

(6) Preparation for and attendance at special meetings.

(a) A “special meeting” shall be defined as any meeting held at the request of the applicant or approving board which is not held during a regularly scheduled approving board session.

(b) All meetings, whether regular or special, shall be in compliance with the Open Public Meetings Law, N.J.S.A. 10-4.6 et seq.

(7) The preparation of extraordinary or specialized resolutions of memorialization, including, without limitation, resolutions pertaining to an application for general development plan approval and an application concerning which the resolution must contain a summary of more than two experts testifying on behalf of the applicant in order for the resolution to contain adequate findings of fact and conclusions based thereon pursuant to N.J.S.A. 40:55D-10c.

(8) Costs for all hearing transcripts.

B. Notice to applicant of intent to obtain additional expert advice. The approving board shall give prior notice to the applicant of its intention to obtain additional expert advice or testimony and afford the applicant an opportunity to be heard as to the necessity for such additional advice or testimony and the definition of the limitations on the nature and extent thereof.

C. Exceptions. No applicant shall be responsible to reimburse the Township for any of the following:

(1) The cost of attendance, advice and/or testimony of any expert testifying at a regularly scheduled meeting of the approving board in his or her capacity as a full-time Township employee; provided, however, that the Township shall be entitled to be reimbursed for attendance of its professional personnel at special meetings of the approving board which are called at the applicant’s request. Nothing contained herein shall be construed as requiring the approving board to grant an applicant’s request to hold a special meeting.

(2) Except as otherwise set forth in Subsection A(7), the preparation of a resolution or memorializing resolution setting forth the findings of fact and conclusions of the approving board with respect to an application.

D. “Professional” defined. The term “professional personnel” or “professional services,” as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser, certified shorthand reporter or other experts required by the approving board who would provide professional services to ensure an application complies with the standards set forth in this Code and other experts whose testimony is in an area testified to by any of the applicant’s experts.

E. Escrow accounts.

(1) Each applicant, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Act, shall submit the following sum(s) to be held in escrow in accordance with the provisions set forth in § 150-8E, Escrows.

(2) The sums set forth are estimates and, during its review of an application for development, the approving board may determine that such sums are sufficient, excessive or insufficient, based upon the following criteria:

(a) The presence or absence of public water and/or sewer servicing the site.

(b) Environmental considerations, including, without limitation, geological, hydrological and ecological factors.

(d) Impact of the proposed development on existing aquifer and/or water quality.

(e) Impact on improvements which might require off-tract or off-site contributions.

(3) All applicants shall be required to submit escrow deposits with their application. At the time of filing its application for development, the applicant shall execute an escrow agreement containing the terms set forth herein.

(a) In the event that the approving board shall determine such amount is excessive, upon the prior written request of the applicant and by resolution, it shall specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by Subsection F(2) below. In the event the approving board shall determine the amount specified is insufficient, or in the event the escrow has been depleted, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Such additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.

(4) The administrative officer shall determine the status of all escrow accounts. Where additional funds are required, it shall be the obligation of the administrative officer to so notify the applicant of the amounts needed.

F. Refund of escrow; interest.

(1) If the amount of the deposit exceeds the actual cost as approved for payment by the Township Council, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by Subsection F(2) herein.

(2) Deposits received from a developer pursuant to this subsection shall be deposited in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at no less than the minimum rate currently paid by the institution on deposits on time or savings deposits. The Township shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposits. The Township shall not be required to refund any amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him or her by the Township annually, or at the time the deposit is repaid, or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the accrued interest on the escrow amount, which shall be in lieu of all other administrative and custodial expenses.

G. Rate of professional charges.

(1) No professional personnel submitting charges to the Township for any of the services referred to in this subsection shall charge for any of such services at any higher rate or in any different manner than would normally be charged the Township for similar work as determined by the professional’s contract of employment with the Township or by provisions of the Township’s Salary Ordinance.

(a) Payment of any bill rendered by a professional to the Township in respect to any service for which the Township is entitled to reimbursement under this subsection shall in no way be contingent upon receipt of reimbursement by a developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.

(2) The Township may charge for the services of any Township employee rendering expert advice for the benefit of an applicant when the employee is required to attend special meetings, as defined herein, during nonbusiness hours, as well as services rendered beyond the scope of the employee’s regularly defined duties.

H. Payment of all reimbursable costs prior to final approval or issuance of any permit or certificate. No subdivision plat or deed or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:

(1) All bills for reimbursable services have been received by the Township from professional personnel rendering services in connection with such application.

(2) Payment of such bills has been approved by the Township Council.

(3) The applicant has reimbursed the Township the excess of such bills over the escrowed amount otherwise herein provided for.

I. Payments to professionals.

(1) The Chief Financial Officer of a municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The municipality or approving authority shall not bill the applicant or charge any escrow account or deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer’s improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.

(2) Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the service is performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant. The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

(3) The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq., and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in N.J.S.A. 40:55D-53, in the case of improvement inspection escrow deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and the relevant municipal professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposits or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.

(4) All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

(5) If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.

§ 37-29. Public hearings.

[Amended by Ord. No. 2000-18]

A. Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.

B. Oaths. The officer presiding at the hearing, or such person as he or she may designate, shall have power to administer the oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

C. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

D. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

E. Records.

(1) Each board shall provide for the verbatim recording of the proceedings by either stenographer or by mechanical or electronic means. The board shall furnish a transcript, or duplicate recording thereof on request to any interested party at his or her expense.

(2) If an applicant should desire a certified court reporter, the costs of taking testimony and transcribing it and providing a copy of the transcript to the Township or court shall be at the expense of the applicant, who shall also arrange for the attendance by the reporter. All costs for transcription of the record before the applicable board shall be the entire and sole obligation of the applicant or appellant, whichever requests the transcript. The obligation to obtain and pay for such transcript shall be solely that of the applicant or appellant who requests the transcript.

F. Absences; eligibility to vote. When any hearing shall carry over two or more times, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter, provided that that member has available to him or her a transcript or recording of the meeting or meetings from which he or she was absent and certifies in writing to the Board that he or she has read the transcript or listened to the recording.

§ 37-30. Notice; requirement for hearing.

[Amended by Ord. No. 2000-18]

Whenever a hearing shall be required on an application for development, pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

A. By publication in the official newspaper of the Township at least 10 days prior to the date of hearing.

B. Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing; and whether located within or without the Township.

(1) Notice shall be given by:

(a) Serving a copy thereof on the owner, as shown on the current tax duplicate, or his or her agent in charge of the property; or

(b) Mailing a copy thereof by certified mail to the property owner at his or her address, as shown on the current tax duplicate. A return receipt shall not be required. Notice shall be deemed complete upon mailing.

(2) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners’ association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

C. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given to the Clerk of the municipality, which notice shall be in addition to the notice required to be given, pursuant to Subsection B of this section, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

D. Notice shall be given to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.

E. Notice shall be given to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

F. Notice shall be given to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Clerk pursuant to N.J.S.A. 40:55D-10.

G. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and requiring public notice pursuant to N.J.S.A. 40:55D-12a shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

H. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

I. All notices required to be given, pursuant to the terms in this section, shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers, as shown on the current tax duplicate in the Township Tax Assessor’s office, and the location and times at which any maps and documents for which approval is sought are available, as required by law.

§ 37-31. List of property owners furnished.

[Amended by Ord. No. 2000-18 Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). ]

Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 37-30B above. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum as set forth in § 150-8, Land development, may be charged for such list.

§ 37-32. Decisions.

A. Findings of fact and conclusions. The Board shall include findings of fact and conclusions based thereon in each decision on any application for development, and shall reduce the decision to writing. Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-34 or § 37-18D of this chapter shall be deemed an action denying the application. The Board shall provide the findings and conclusions through:

(1) A resolution adopted at a meeting held within the time period provided in the act for action by the Board on the application for development; or

(2) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board. However, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publication required by Paragraphs h and i of N.J.S.A. 40:55D-10.

B. Conditional decisions; County Planning Board approval. Where required by law, N.J.S.A. 40:27-6.6, the application shall be submitted to the County Planning Board for review or approval, and in such cases the Township Planning Board and Zoning Board of Adjustment shall condition any approval that each grants upon timely receipt of a favorable report from the County Planning Board or upon the County Planning Board’s failure to report within the required time period. Decisions may also be conditioned on approval by other governmental agencies.

C. Mailing. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his or her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who request it and who have paid the prescribed fee. A copy of the decision shall also be filed in the office of the administrative officer, who shall make a copy of such filed decision available for public inspection during his or her office hours and a copy available to any interested party upon payment of a fee, calculated in the same manner as those established for copies of the other public documents in the Township.

D. Publication. A brief notice of every final decision on an application for a variance or development shall be published in the official newspaper of the Township. Such publication shall be arranged by and be the responsibility of the applicant. Notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision. The applicant shall file an affidavit of publication with the Board making the decision on the application for development.

E. Time for appeal. The period of time in which an appeal of the decision may be made shall run from the date of publication of the decision.

§ 37-33. Payment of taxes and assessments.

[Amended by Ord. No. 1991-6]

A. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or Zoning Board of Adjustment, including application for informal conferences or review, shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Township shall be adequately protected. If the application is not accompanied by such proof, the application shall be deemed to be incomplete.

B. If it is shown at any time during the application review process that taxes or assessments are delinquent on such property, the Planning Board and the Zoning Board of Adjustment shall take no action nor grant any approval or other relief until such taxes or assessments are paid. In the event such taxes or assessments are not paid at the expiration of the time to act on a given application, then the Planning Board and/or Zoning Board of Adjustment shall reject the application and deny the requested relief.

§ 37-34. Copy to be filed with County Planning Board.

Immediately upon adoption of this chapter, the Township Clerk shall file a copy with the County Planning Board, as required by law. The Clerk shall also file with the County Planning Board copies of all other Township land use ordinances.

§ 37-35. Expiration of variance.

[Amended by Ord. No. 2000-18]

Any variance hereafter granted by the Zoning Board of Adjustment, or the Planning Board permitting erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance or unless such permitted use has actually been commenced within one year from the date of entry of the approval of the variance; provided, however, that in the event that such variance is approved in conjunction with a major subdivision or site plan approval, then such variance shall not expire and become null and void until three years after the preliminary approval for such site plan and/or subdivision is granted and any approved extensions thereof, or if final approval is granted for such development, two years from the date of the final approval and any approved extensions thereof. The running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Zoning Board of Adjustment or the Planning Board to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

§ 37-36. Completeness of application; checklist.

[Amended by Ord. No. 2000-18]

A. Authority. This section is adopted pursuant to the authority granted the Township under N.J.S.A. 40:55D-10.3.

B. Applicability. This checklist shall apply to all applications for development in all zones within the Township.

C. Determination of completeness no bearing on merits. A determination of completeness, pursuant to the terms and conditions hereof, is in no way to be interpreted or understood as an evaluation of the adequacy or acceptability of the information submitted, and shall not be construed as diminishing the applicant’s obligation to prove in the application process that he or she is entitled to approval of the application.

D. Additional information. The approving board may subsequently require correction of any information found to be in error and submission of any additional information not specified in this chapter or any other ordinance of the Township, or any revisions thereof, as is or may be reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.

E. Checklist. For the purposes of determining that an application for any development within the Township is complete, pursuant to the terms of N.J.S.A. 40:55D-10.3, an applicant shall be required to furnish all of the information as set forth on the Submission Requirements Checklist attached hereto as Schedule A and made a part hereof. Editor’s Note: Schedule A is included at the end of this chapter.

F. Additional requirements. In addition to the above, any application for development shall be subject to any rules and regulations as adopted, from time to time, by either the Zoning Board of Adjustment or the Planning Board, copies of which shall be supplied to the applicant along with the application form.

§ 37-37. Environmental Commission.

Whenever the Environmental Commission has prepared and submitted to the Planning Board and Zoning Board of Adjustment an index of the natural resources of the Township, the Planning Board and Zoning Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development submitted to either. Failure of the Planning Board or Zoning Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

Article IV. Administration and Enforcement

§ 37-38. Interpretation of Chapter 355, Zoning.

In interpreting and applying Chapter 355, Zoning, the requirements contained herein and therein are declared to be the minimum requirements for the protection of the health, safety and general welfare of the public, and for the preservation and improvement of the value and aesthetics of the land.

§ 37-39. Enforcement.

[Amended by Ord. No. 2000-18]

A. Grant of authority; responsibility. The Zoning Officer is hereby authorized to and shall administer and enforce the provisions of this chapter.

B. Issuance of permits and certificates. In no case shall a zoning permit or certificate of conformance be issued by the Zoning Officer for any construction, erection, alteration or use of any building, other structure, lot or area of land that would be in violation of any provision of this chapter.

C. Inspection of premises. The Zoning Officer, or his or her duly authorized agent, shall have the right to enter and inspect any building, other structure, lot or area of land at all reasonable times, subject to due process of law, whether already constructed, erected, altered or put into use, or during the course of construction, erection, alteration or putting into use, for the purpose of determining whether or not the provisions of Chapter 355, Zoning, are being complied with.

D. Records and reports.

(1) The Zoning Officer shall keep a record of all applications for zoning permits and certificates of conformance and a record of all permits issued, together with all notations of all special conditions involved. The Zoning Officer shall file and safely keep copies of all applications submitted, and the same shall form a part of the records of his or her office, and shall be available for the use of the Township Council, the Zoning Board of Adjustment, the Planning Board and other officials of the Township.

(2) The Zoning Officer shall prepare a monthly report for the Township Council summarizing for the period since his or her last previous report all permits issued and all complaints of violations and the action taken by him or her consequent thereon. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Council.

E. Cases of doubt. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of Chapter 355, Zoning, as to the location of a district boundary line on the Zoning Map, or as to the propriety of issuing any permit in a particular case, he or she shall present the matter to the Zoning Board of Adjustment for interpretation and decision. Any proposed use which is not clearly identified in Chapter 355, Zoning, as being a permitted use in a district shall be prohibited, subject to clarification by the Zoning Board of Adjustment, and no permit shall be issued by the Zoning Officer authorizing the proposed use.

§ 37-40. Zoning permits.

[Amended by Ord. No. 2000-18]

A. No building, other structure, lot or area of land shall be hereafter used; nor shall any building or other structure be hereafter constructed, erected, or altered; and no excavation for any building or other structure shall be hereafter begun without the issuance of a zoning permit by the Zoning Officer indicating that such construction, erection, alteration or use of such building, other structure, lot or area of land conforms in every respect to the provisions of Chapter 355, Zoning, or a variance obtained therefrom by the Planning Board or the Zoning Board of Adjustment.

B. All applications for a zoning permit shall be made by the owner or authorized agent on forms provided by the Zoning Officer in the required number of copies. Each such application shall be supplemented with a plot plan prepared in triplicate and drawn to such scale as the Zoning Officer may require showing the exact dimensions and locations of all buildings, other structures, yards, lot lines, off-street parking facilities and such other appropriate details and information as may be necessary to provide for the enforcement of Chapter 355, Zoning. All dimensions shown on these plans, relating to the location and size of the lot or area of land to be used or built upon, shall be based upon actual survey or deed description or on an officially recorded subdivision plat.

C. No application for a zoning permit shall be accepted by the Zoning Officer unless all of the information required has been furnished by the applicant.

D. The construction, erection or alteration of any building or other structure for which a zoning permit was issued must be begun within six months after the date of issuance of such permit; and such construction, erection or alteration of any building or structure, or use of lot or area of land must be completed or fully effected within two years after the date of issuance of such permit; after which time such permit becomes void. The Zoning Officer, at his or her discretion, may issue a new permit granting a continuation of time where unavoidable conditions prevented the effectuation or completion of all construction, erection, alteration or use within the time periods hereinabove prescribed.

E. The lot or area of land and the location of all buildings or other structures to be constructed, erected, altered or used thereon shall be staked out on the ground and an inspection thereof shall be made by the Zoning Officer, before work is started.

F. A zoning permit issued in accordance with the Building Code of the Township and satisfying the provisions thereof shall further satisfy the additional regulations, conditions and requirements of Chapter 355, Zoning.

§ 37-41. Certificates of conformance.

[Amended by Ord. No. 2000-18]

A. Required.

(1) No building or other structure hereafter constructed, erected or altered, and no lot or area of land hereafter put into use shall be occupied or used, in whole or in part, for any use whatsoever; and no change of use of any building, structure, lot or area of land, or part thereof, and no sale, transfer or conveyance of any building or structure irrespective of the purpose for which such building or structure may be used, shall hereafter be made until a certificate of conformance shall have been issued by the Zoning Officer certifying that such building, other structure, lot or area of land, or part thereof, complies with all applicable provisions of the land use ordinances.

(2) Change of use does not include a change from one conforming use to another unless there is a change in the parking requirements or in other features relating to the site plan.

B. Time for issuance. Certificates of conformance shall be granted or denied by the Zoning Officer within 10 days from the date of application therefor by the owner of the premises for which use or occupancy, or change in use is sought, or his or her authorized agent. In the event that the Zoning Officer shall decline to issue a certificate of conformance, his or her reasons for doing so shall be stated in detail on at least one filed copy of the application and that copy returned to the applicant.

C. Preexisting uses. Upon written application by the owner or authorized agent, the Zoning Officer shall, after inspection, issue a certificate of conformance, for any building, other structure, lot or area of land existing and in use at the effective date of Chapter 355, Zoning, provided that the Zoning Officer shall find that such building, other structure, lot or area of land is in conformity with the applicable provisions of Chapter 355, Zoning.

D. Traffic signs; regulations.

(1) Prior to the issuance of a final certificate of conformance for any development which is presented to the Zoning Board of Adjustment or the Planning Board for commercial property, of whatever nature, and which provides for private entrance to and exit from such property, and where such ingress and egress shall have been determined by the Planning Board or Zoning Board of Adjustment to be one-way only, appropriate directional signs shall have been erected.

(2) The owners of such property shall, as a condition of issuance of a certificate of conformance and of final approval by the Board, be required to grant to the Township the authority to approve all motor vehicle laws and regulations on such property.

(3) All signs and traffic control devices required hereunder shall be in accordance with and shall be of a design and construction as provided for in the Manual on Uniform Traffic Control Devices, 1988 Edition, or other regulations of the New Jersey Department of Transportation, as same shall be amended from time to time.

E. Fee. A filing fee, as set forth in Chapter 150, § 150-6, shall accompany each application for a certificate of occupancy.

§ 37-42. Building permits issued prior to adoption of chapter.

Nothing in Chapter 355, Zoning, shall require any change in or otherwise interfere with any construction, erection, alteration or use of any building, other structure, lot or area of land for which a zoning permit has been issued authorizing such construction, erection, alteration or use not more than one year prior to the effective date of enactment of Chapter 355, Zoning.

§ 37-43. Violations and penalties.

A. Any owner or agent and any person or corporation who violates any of the provisions of this chapter or Chapter 355, Zoning, or fails to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises shall, upon conviction thereof, be subject to the penalty provisions of § 1-5, Violations and penalties, of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

B. The owner of any building or structure, lot or land or part thereof, where anything in violation of this chapter or Chapter 355, Zoning, shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation and upon conviction thereof, shall each be liable to the fine or imprisonment, or both, specified in § 1-5, Violations and penalties, of this Code.

C. In case any building, other structure, lot or area of land, or part thereof, is or is proposed to be constructed, erected, altered, or used in violation of this chapter, the Township Council, the Construction Official, or any other agency or official, or any owner of or any person having an interest in adjacent property who would be specifically damaged by such violation may institute an action for injunctive relief or abatement or any other appropriate action or proceeding, to prevent, restrain, correct or abate such unlawful construction, erection, alteration, continuation or use; to prevent the occupancy of such building, other structure, lot or area of land, or part thereof; or to prevent any illegal act, conduct, business or use in or about such premises.

D. All permits and certificates issued under Chapter 355, Zoning, shall be revocable, subject to continued compliance with all requirements and conditions.

§ 37-44. Conflicts with other regulations.

Neither this chapter nor Chapter 355, Zoning, shall be deemed to interfere with, abrogate or annul, or otherwise affect in any manner whatsoever any ordinances, rules, regulations, easements, covenants or other agreements between parties; provided, however, that where Chapter 355, Zoning, imposes greater restrictions upon the construction, erection, alteration or use of structures, or the use of land, than are imposed or required by other ordinances, rules, regulations, easements, covenants or agreements, the provisions of Chapter 355, Zoning, shall prevail.

Article V. Amendments to Zoning Ordinance

§ 37-45. Initiation of amendment procedure.

A. Who may make proposals. Proposals for amendments of the text of Chapter 355, Zoning, or the Zoning Map may be made by the Township Council on its own motion and resolution, the Planning Board by resolution submitted to the Township Council, and by any person or property owner with a financial, contractual or proprietary interest in the property to be affected by any proposed amendment to the Zoning Map, or by any interested person in the case of any amendment to the text of Chapter 355, Zoning.

B. Information to be contained in proposal or application. In all cases where an amendment to the Zoning Map is proposed or applied for by any agency, official or person, the following information is required for the official record of all such amendments:

(1) A full description of the property sought for Zoning Map amendment, including bearings and distances, lot, block and subdivision designation, present and proposed uses of the property, existing districts in the immediate vicinity of the property and the proposed new districts and the name and address of the owner of the property.

(2) A plot plan prepared in triplicate showing dimensions and locations of all existing and proposed buildings, yards and other open spaces, buildings on adjoining lots or properties, lot lines or street lines, points of access to the property, off-street parking provisions, street, railroad, drainage or utility rights-of-way within or adjoining the property and in the immediate vicinity and all other information as may be required by the Planning Board or the Township Council. Such plot plan shall be prepared and certified to by a licensed civil engineer or land surveyor and shall be drawn at such scale as may be required and necessary for clarity and proper enforcement of the provisions of this chapter.

C. Text changes noted. In the case where an amendment to the text of Chapter 355, Zoning, is proposed or applied for, such proposal or application shall set forth the new text to be added or existing text to be deleted.

§ 37-46. Planning Board.

[Amended by Ord. No. 2000-18]

A. Any proposed amendment originating with or received by the Township Council shall first be referred to the Planning Board for review, investigation and recommendation. The Planning Board shall cause such investigation to be made as it deems necessary, and for this purpose may require the submission of all pertinent data and information by any person concerned.

B. The Planning Board shall have 35 days for consideration of the proposed amendment, in which time the Planning Board shall submit its recommendation to the Township Council.

§ 37-47. Action by Township Council.

After receiving the recommendation of the Planning Board on any proposed amendment, and before taking any action thereon, the Township Council shall hold a public hearing on such proposed amendment, at which all parties in interest and citizens shall be given the opportunity to be heard. Any action taken by the Township Council shall be in accordance with the applicable state statutes.

§ 37-48. Protest against proposed amendment.

In the case of a petition protesting against any proposed amendment to the Zoning Map that would change the district designation of a lot or area of land, signed by the owners of 20% or more of the area of properties included within such area designated for district change, or of the lots or areas of lands to the rear and sides thereof and opposite thereto and extending 100 feet therefrom, exclusive of street space, such amendment shall not become effective except by the favorable vote of two-thirds of the Township Council.

Article VI. Public Records

§ 37-49. Ordinances to be on file.

[Amended by Ord. No. 2000-18]

Duly certified copies of Chapter 355, Zoning, Chapter 310, Subdivision of Land, and other land use chapters or ordinances and of the Zoning Map, together with copies of all amendments thereto, shall be filed in the office of the Township Clerk and in the office of the Zoning Officer and shall be open to public inspection.

Chapter 43. PURCHASING

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Administration of government — See Ch. 20.

Article I. Award of Public Professional Services Contracts

[Adopted 10-19-2005 by Ord. No. 2005-35]

§ 43-1. Purpose and intent.

It is the purpose of this article that, notwithstanding that professional services contracts and certain other contracts for goods and services are exempt from the competitive bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the Mayor and Township Council deem it appropriate, and consistent with the provisions of recently enacted New Jersey legislation, now codified at N.J.S.A. 19:44A-20.1 et seq., to henceforth award such contracts through a competitive, quality-based, fair and open process.

§ 43-2. Process for award of professional services contracts.

[Amended 11-25-2008 by Ord. No. 2008-10]

A. Prohibition awarding certain public contracts; definitions.

(1) Any other provision of the law to the contrary notwithstanding, the Township, or any agency or instrumentality thereof, shall not enter into a contract having an anticipated value in excess of $15,000, as determined in advance and certified in writing by the Township, agency or instrumentality, with a business entity that has made a political contribution that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq. to any municipal committee of a political party in that municipality if a member of that political party is serving in an elective public office of that municipality when the contract is awarded or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded.

(2) A business entity that has entered into a contract having an anticipated value in excess of $15,000 with the Township or any agency or instrumentality thereof, except a contract that is awarded pursuant to a fair and open process, shall not make such a contribution reportable by the recipient under N.J.S.A. 19:44A-1 et seq. to any municipal committee of a political party in the Township if a member of that political party is serving in an elective public office of the Township when the contract is awarded or to any candidate committee of any person serving in an elective public office of the Township when the contract is awarded, during the term of that contract.

(3) When evaluating whether or not a person or business entity has made a contribution, the following will be considered:

(a) If made by a natural person, a contribution by that person’s spouse or child shall be deemed to be a contribution by that person;

(b) If made by a business entity, a contribution by any person or other business entity having an interest in said business entity shall be deemed to be a contribution by the business entity.

(4) When using the terms “business entity” and “interest,” the following definitions shall be utilized:

BUSINESS ENTITY: Any natural or legal person, business corporation, professional services corporation, limited-liability company, partnership, limited partnership, business trust, association or any legal commercial entity organized under the laws of this state or any other state or foreign jurisdiction.

INTEREST: The ownership or control of more than 1% of the stock, assets or profits of any publicly held company and any percentage interest of a privately held or closed corporation.

B. Fair and open process.

(1) Any professional service entity or other business entity providing services to the Township of Delran shall be subject to a fair and open process. That fair and open process shall be set forth in Subsection B(2)below, which shall establish a criteria for the fair and open process.

(2) The fair and open process established by the Township of Delran shall require the following:

(a) Any professional position or service contract not subject to bidding that shall expire as of December 31 of that calendar year shall be advertised by the Mayor’s office, appointing authority or board, as the case may be, in the official newspaper of the Township of Delran for publication of notices, and published on the Township’s website, not later than December 10. The published notice shall set forth the name of the position or contract which is to become open and shall set forth the criteria to be considered and materials required to be submitted by the applicant.

[Amended 11-23-2010 by Ord. No. 2010-24]

(b) Should the applicant be a professional requiring licensure in the State of New Jersey, said applicant shall be licensed for a period not less than three years.

(c) The applicant shall submit a certificate of good standing or other similar document evidencing that the professional’s license is not presently suspended or revoked.

(d) The applicant shall submit a resume which shall set forth information including but not limited to the following (as applicable to a business entity or individual professional):

[1] Full name and business address;

[2] A listing of all post high school education of the applicant;

[3] Dates of licensure in the State of New Jersey and any other state;

[4] A listing of any professional affiliations or memberships in any professional societies or organizations, with an indication as to any offices held therein;

[5] The number of licensed professionals employed by or affiliated with the business entity or the business entity which employs the applicant;

[6] A listing of all special accreditations held by the individual licensed professional or business entity;

[7] A listing of all previous or current public entities served by the business entity or licensed professional, indicating the dates of services and position held.

(3) The Mayor, appointing authority or board shall thereafter select the professional or business entity for the position so advertised, which shall thereafter be confirmed or approved as required by law or ordinance.

C. Limitations of certain contributors.

(1) Notwithstanding the above establishing a fair and open process, the municipality, any of its boards or independent authorities shall not enter into an agreement or otherwise contract to procure professional, banking or insurance coverage services or any other consulting services from any business entity if said business entity has made any contribution of money or a pledge of a contribution, including in-kind contribution, to any Delran Township candidate or holder of a public office having ultimate responsibility to award a contract, or to a campaign committee supporting such candidate or office holder, or to any Delran Township party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections or municipal parties in excess of the thresholds specified in Subsection C(2) below within one calendar year immediately preceding the date of the contract or agreement.

(2) Any business entity may annually contribute a maximum of $300 each for any purpose to any candidate for Mayor or Council, or any other elected office that serves the citizens or Delran Township, and $300 to the Delran Township party committee and $500 to the County of Burlington party committees, or to a PAC referenced in this article, without violating Subsection C(1) above. However, any group of individuals meeting the definition of a business entity under this section, including principals, partners and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Delran Township candidates and office holders with ultimate responsibility for the award of the contract, and all Delran Township political parties and PAC’s referenced in this article combined, without violating Subsection C(1).

(3) For the purpose of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:

(a) The Township Council, if the contract requires approval or appropriation from the Council; or

(b) The Mayor of Delran Township, if the contract requires approval of the Mayor or if a public officer who is responsible for the award of the contract is appointed by the Mayor; or

(c) The Planning Board or Zoning Board if the contract requires approval or appropriation by the Board, since the Council would be required to approve an appropriation, and the Mayor appoints members of said Boards.

(4) It shall be deemed a breach of the terms of the Delran Township professional services agreement for a business entity to make or solicit a contribution in violation of this article, directly or indirectly through any third parties, intermediaries, or lobbyists. Any business entity found to violate this article shall be disqualified from being awarded any Delran Township contract, from the date that the violation is discovered.

(5) It shall be the obligation of each business entity executing a public services agreement, that an authorized representative of said business entity sign a certification representing that the individual or business entity, as defined by this article, has not made a contribution in violation of this article. This provision is enacted so as to make the business entity responsible to the Township for such disclosure.

D. Due process hearing. Should it be determined that a violation of this article has occurred, the person or business entity as defined herein shall receive written notice of the violation as provided under § 1-6A of Chapter 1, General Provisions, of the Delran Township Code. However, should the violator request a hearing as provided under Chapter 1, the hearing officer, as provided under § 1-6D and E, shall be a retired Judge of the Superior Court of the State of New Jersey, designated by the Township Council.

E. Contributions made prior to effective date. Nothing in this article shall be constructed as affecting the ability of any business entity to perform a public contract if that entity made a contribution to any committee during a period of one year immediately preceding the effective date of this article.

§ 43-3. Review of RFP’s/RFQ’s by Departmental Review Committees.

A Departmental Review Committee shall be established by the Township Administrator, consisting of not less than two persons (which may included the Administrator) to prepare, process and evaluate any RFQ and/or RFP issued pursuant to the professional services contracting procedures set forth above. Each Departmental Review Committee must prepare, prior to a request for proposals, a written cost estimate in order to allow for proper evaluation of the fee aspect of proposals. Moreover, said Committee shall evaluate the respective qualifications and/or proposals, taking into consideration the designated qualifications and/or performance criteria, experience, reputation of vendor, quality of services, quoted fee and other relevant factors in making a recommendation of award to the Township Administrator, Mayor and Township Council; and the Township Administrator may, in his/her sole discretion, conduct negotiations with qualified vendors after receipt of proposals, in order to achieve the best possible contract terms and conditions for the Township and its taxpayers. No contract shall be awarded, however, unless same is authorized by resolution duly adopted in public session by the Township Council.

§ 43-4. Emergency exceptions.

Notwithstanding the foregoing, the Township Council recognizes that the New Jersey Legislature has provided for the occurrence of certain emergencies, and further recognizes that, therefore, the procedure outlined above might not be capable of being achieved in the event of an emergency or similar time constraints. Thus, should a situation arise, and time does not permit resort to this procedure, and the immediate performance of services is necessary, then an award for same may be made in accordance with the provisions of the Local Public Contracts Law Editor’s Note: See N.J.S.A. 40A:11-1 et seq. relating to emergency contracts, and such rules and regulations as may be promulgated, from time to time, by the Township Council with regard to same. No such emergency contracts, however, may be awarded without submission to the Township Clerk of a certification establishing a basis for the deviation from the procedures outlined herein.

Chapter 48. (RESERVED)

[Former Ch. 48, Substandard Housing Committee, adopted as Sec. 13-3 of the 1993 Revised General Ordinances, was repealed 7-27-2010 by Ord. No. 2010-10.]

PART II: GENERAL LEGISLATION

Chapter 63. AFFORDABLE HOUSING

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Affordable housing development fees — See Ch. 150, § 150-12.

Fair share requirements for low- and moderate-income housing — See Ch. 355, § 355-99.

Article I. Preservation of Affordable Housing Controls

[Adopted 11-22-2005 by Ord. No. 2005-36]

§ 63-1. Policy.

It is hereby stated and determined that it is the policy of the Township of Delran to utilize available resources to preserve and maintain, where possible, the affordability controls on affordable housing units in the Township for the full term as initially established pursuant to Council on Affordable Housing (COAH) rules or otherwise on affordable residential housing units, or such other term as Township Council deems fair and appropriate.

§ 63-2. Funding; list of affordable units.

The Housing Trust Fund of the Township of Delran is hereby designated and authorized for use in saving and maintaining the affordability controls on affordable housing units threatened with or subject to foreclosure by mortgage holders. This article specifically authorizes the purchase of an assignment of mortgage, assignment of judgment, or other assignment of legal rights, of an affordable housing unit, including bidding for such unit at a foreclosure sale held by the Sheriff, subject to the provisions set forth below. A list of affordable units in the Township is annexed hereto as Exhibit A. Editor’s Note: Exhibit A is on file in the Township offices. The sum of $250,000 of the Housing Trust Fund is hereby designated for this purpose.

§ 63-3. Information on affordable units to be kept current.

The Township Clerk shall cause Exhibit A to be maintained and updated on a current basis so that Council has a readily available reference of residential units in the Township that are subject to affordability controls and available for purchase as set forth in § 63-2. Whenever the Township Clerk or other Township official learns of a pending or threatened foreclosure action, judgment, or Sheriff’s sale involving a residential unit subject to affordability controls, such information shall be promptly provided to the Township Administrator for review and possible recommendation to the Mayor and Council for action.

§ 63-4. Duties of Administrator.

Upon a determination by the Administrator that a particular affordable housing unit is threatened with the loss of affordability controls through a foreclosure action by a mortgage holder, the Administrator shall so advise the Mayor and Council. In addition, the Administrator shall endeavor to obtain an estimated cost for the purchase of an assignment of mortgage, assignment of judgment, purchase of the residential unit, or other legal rights for submission to Council for its use in determining further action.

§ 63-5. Authorization to acquire property; resale.

Council, upon receipt of appropriate information indicating that the affordability controls of a particular unit are in jeopardy, may, in its discretion, authorize the purchase of an assignment or other rights in the unit, including purchase of the fee interest of by the Township at a Sheriff’s sale or otherwise. Such authorization shall be by resolution of Council and shall set forth the maximum amount to be paid from the Housing Trust Fund for the acquisition. The resolution shall further require that the Township, as soon as is practical, resell the unit, or its interest therein, to a qualified affordable housing purchaser at the then maximum price permitted by COAH for the sale of such affordable housing unit. Such sale shall continue, or, if necessary, reestablish the affordable housing controls for the unit in question. The net proceeds of such sale (after transactional costs) shall be deposited in the Housing Trust Fund for future affordable housing use.

§ 63-6. Limitations on utilization of funds.

In no event shall the Council utilize funds other than the Housing Trust Fund for the purchases authorized under this article. Furthermore, the maximum amount of Housing Trust Funds to be utilized at any one time for such purchases is $250,000. If such amount is expended for purchases under this article, no additional purchases shall be made until monies are restored to the Housing Trust Fund from the resale of a purchased unit or units.

Chapter 65. ALARM SYSTEMS

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1991-16 (Ch. VIII of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Noise — See Ch. 217.

§ 65-1. Definitions.

As used in this chapter, the following terms shall have the meaning indicated:

ALARM SYSTEM: Any mechanical, electrical or electronic device which is designed or used for the detection of an unauthorized entry into a building, structure or facility; for alerting others about the commission of an unlawful act within a building, structure or facility; or for alerting others about the existence of any other condition requiring response of police, and which emits and/or transmits an audible and/or visual signal or message when activated. “Alarm systems” include, but are not limited to, direct dial telephone devices, audible alarms, central station alarm, visual alarms and subscriber alarms.

AUDIBLE ALARM: A device that emits an audible signal from the premises that it is designed to protect.

CENTRAL STATION: A service that monitors the operation of an alarm system and relays information to the Police Department and/or other emergency numbers when the system is activated.

DIRECT DIAL ALARM: A device that when activated causes a recorded message to be transmitted via telephone to the police communications center, stating that emergency response is necessary.

EMERGENCY TELEPHONE NUMBER: The primary telephone number advertised to the public for requesting emergency services.

FALSE ALARM: An alarm signal necessitating response by the police where an emergency situation does not exist. An alarm that has been activated by an external source that is beyond the reasonable control of the subscriber shall not be considered false.

POLICE: The Delran Township Police Department.

VISUAL ALARM: A rotating or flashing light that when activated is intended to alert the observer that the premises on which it is affixed has been illegally entered.

§ 65-2. Information to be filed.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). It shall be the responsibility of all persons or other groups that maintain alarm systems within the Township to provide current information to the alarm system company consisting of the names and telephone numbers of the responsible persons who may be contacted in case of emergency, on a twenty-four-hour basis. This information is to be filed with the alarm system company when the alarm system is initially placed into service and must be revised immediately whenever changes are necessary. A copy of the information, including the name of the alarm system company, should be filed with the police.

§ 65-3. Silencing of audible alarm.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Audible alarms must be silenced within 15 minutes after a designated responsible person is notified to do so by the police, or the alarm system may be equipped with a timing device that will automatically silence the audible alarm within 15 minutes after it is activated.

§ 65-4. Direct dial alarms.

Direct dial alarms shall not be connected to the police emergency telephone number. Direct dial alarms must be equipped with a device that will prevent more than three repeated transmissions of an alarm for the same emergency to the police or dispatch service.

§ 65-5. Signal delay.

Upon the activation of a burglary (break in) alarm, there shall be a mandatory delay of at least 15 seconds before the transmission of a signal to the police to enable the user to abort the signal in the event that it was triggered inadvertently. This delay shall not be applicable to a robbery (holdup) or medical emergency alarm.

§ 65-6. False alarms.

A. It shall be the responsibility of all persons or other groups that maintain alarm systems within the Township to prevent the transmission of false alarms through a program of training and periodic inspection and maintenance of the system. The maximum permissible number of false alarms from any one location shall be as follows:

(1) Two false alarms in any thirty-day period; or

(2) Eight false alarms in any one-year period.

B. False alarms in excess of these standards shall be considered to be in violation of this chapter. Editor’s Note: Original Sec. 8-2.6, Filing requirements, which previously followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 65-7. Exceptions.

The provisions of this chapter shall not apply to the general alerting alarms that may be used by fire companies, ambulance squads or emergency management agencies to summon response of their members. The provisions of this chapter shall not apply to alarm systems that are affixed to motor vehicles.

§ 65-8. Fees.

Fees for the installation and monitoring of alarm systems shall be as set forth in § 150-3A of this Code.

§ 65-9. Violations and penalties; disconnection of alarms.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Any person or other group that is found guilty of violating any of the provisions of this chapter shall be subject to a penalty as set forth in § 1-5, Violations and penalties, of this Code. Each incident shall be considered as a separate violation. In addition to any penalty that may be ordered by the court, the Township Administrator may authorize the disconnection of subscriber alarms from the communications center after giving written notice to the subscriber.

Chapter 71. ALCOHOLIC BEVERAGES

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Alcoholic beverages in parks — See Ch. 231.

Peace and good order — See Ch. 235.

Sexually oriented businesses — See Ch. 285.

Article I. Open Containers

[Adopted as Sec. 4-8 of the 1993 Revised General Ordinances]

§ 71-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:

PUBLIC PLACE: Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation area, public transportation facilities, public building or area.

STREET: A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk, for pedestrian travel. The term “street” shall include the legal right-of-way, including, but not limited to, the cartway or traffic lanes, curb, the sidewalks, whether paved or unpaved, and any grass lots or other grounds found within the legal right-of-way of a street. The term “street” shall apply irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. The term “street” shall also include, for the purposes of this article, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.

§ 71-2. Drinking in public.

No person shall:

A. Consume alcoholic beverages, or posses an open container of alcoholic beverage:

(1) While in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance; or

(2) In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot; or

(3) While upon any private property not his or her own without the express permission of the owner or other person having authority to grant such permission; or

B. Discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his or her own without the express permission of the owner.

Article II. Licensing; Regulations

[Adopted as Ch. VII of the 1993 Revised General Ordinances]

§ 71-3. Purpose.

This article is enacted to regulate the sale and transportation of alcoholic beverages in the Township of Delran, in accordance with the provisions of the Act of Legislature entitled “An Act Concerning Alcoholic Beverages,” N.J.S.A. 33:1-1 et seq., as supplemented and amended, and in accordance with the rules and regulations issued or to be promulgated by the State Director of Alcoholic Beverage Control applicable thereto.

§ 71-4. Definitions.

For the purpose of this article, relevant words and phrases herein shall have the same meanings as in N.J.S.A. 33:1-1 et seq. and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.

§ 71-5. Licenses.

A. Laws applicable. All applications for licenses, all licenses issued and all proceedings under this article shall be subject to the act, rules and regulations referred to in § 71-3 and shall be subject to any other statutes of New Jersey or of the United States.

B. Issuing authority. The Township Council shall constitute the authority for the administration of issuance of licenses under this article and shall forthwith report the issuance of all such licenses to the State Director of Alcoholic Beverage Control.

C. License required. It shall be unlawful to sell, distribute or transport alcoholic beverages in the Township without a license previously applied for and granted, pursuant to the provisions of the Act referred to in § 71-3 and the provisions of this article.

D. License fees; maximum number. License fees shall be as set forth in § 150-3B. The maximum number of licenses for the sale or distribution of alcoholic beverages in the Township shall be as follows:

[Amended 3-23-2004 by Ord. No. 2004-4]

	Class of License	Number of Licenses
	Plenary retail consumption	5
	Plenary retail distribution, for each 7,500 residents	2
	Club	6

E. Location restriction.

(1) No plenary retail consumption or plenary retail distribution license shall be issued for or transferred to premises located within 600 feet of premises for which a plenary retail consumption or plenary retail distribution license is outstanding in the Township.

(2) This subsection shall not apply to the transfer of a plenary retail consumption or plenary retail distribution license forced to move by action of the Township in carrying out the provisions of the Master Plan or plans of a similar nature, nor shall this subsection prevent renewals or person-to-person transfers of existing licenses.

(3) The distance hereinabove set forth shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of a licensed premises to the nearest entrance of the premises sought to be licensed.

§ 71-6. Regulations of licenses.

A. Hours of sale.

[Amended by Ord. No. 1995-28; Ord. No. 2002-7]

(1) Monday. Except as otherwise provided herein, no plenary retail consumption or club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on Monday between the hours of 1:00 a.m. and 6:00 a.m.

[Amended 6-22-2010 by Ord. No. 2010-6]

(2) Tuesday through Saturday. Except as otherwise provided herein, no plenary retail consumption or club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on any weekday, Tuesday through Saturday, between the hours of 2:00 a.m. and 6:00 a.m.

(3) Sunday. Except as otherwise provided herein, no plenary retail consumption licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption of any alcoholic beverage on Sunday between the hours of 2:00 a.m. and 10:00 a.m., unless New Year’s Day falls on that Sunday, in which case it will be 3:00 a.m. No club licensee shall sell, serve or deliver or allow, permit or suffer the sale, service, delivery or consumption on Sunday between the hours of 2:00 a.m. and 12:00 noon.

(4) Plenary retail distribution licensees. Plenary retail distribution licensees may only sell or deliver alcoholic beverages any day of the week from 9:00 a.m. to 10:00 p.m.

[Amended 8-17-2005 by Ord. No. 2005-22]

(5) State of emergency. Whenever the Mayor, or in his or her absence the Deputy Mayor, declares that a state of emergency exists requiring the protection of persons or property because of the probability or imminence of mob or other violence, or other emergency requiring the prohibiting of the sale of alcoholic beverages, the Mayor or Deputy Mayor is hereby empowered to issue a proclamation indicating which licensees shall close their places of business and designating the period of time or times they shall remain closed. Upon receiving oral or written, if practicable, notice of such proclamation, the licensees affected thereby shall promptly obey such proclamation. If any such licensee fails to do so, the Chief of Police is hereby empowered to cause such premises to be closed, at the expense of the violator.

B. Persons on premises during prohibited hours. During the hours that the sale, service, delivery or consumption of alcoholic beverages is prohibited, the licensed premises shall be closed to the general public, and the only persons permitted to remain on the premises shall be the licensee and bona fide employees of the licensee. All persons are to vacate the premises one hour after the legal closing time regardless of employment status except for the licensee, bona fide employees and patrons thereof of hotels, motels, bowling alleys or restaurants engaged in the operation of their primary business, excluding the sale, service, delivery or consumption of alcoholic beverages. In addition, a club licensee may conduct any of its social affairs or club business at such times as alcoholic beverage sales are not permitted on the licensed premises, provided that no alcoholic beverages are sold during such time periods.

[Amended by Ord. No. 1992-14; Ord. No. 1995-30]

C. Sales to certain persons prohibited. No licensee, or employee of a licensee, shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any habitual drunkard, intoxicated person or minor, nor permit the consumption of alcoholic beverages on any licensed premises by any of the above-named classes of persons, or permit any such persons to congregate in or about the licensed premises.

D. Prohibited acts of licensee. No licensee shall:

(1) Allow, permit or suffer in or upon the licensed premises any known criminals, gangsters, racketeers, pickpockets, swindlers, confidence operators, prostitutes or other persons of ill repute.

(2) Allow, permit or suffer in or upon the licensed premises any disturbances, brawls or unnecessary noises, nor allow, permit or suffer the licensed premises to be conducted in such a manner as to become a nuisance.

(3) Allow, permit or suffer any lottery to be conducted or any ticket or participation right in any lottery to be sold or offered for sale in or upon the licensed premises, except as permitted by state law.

(4) Engage in or allow, permit or suffer any pool-selling, bookmaking or any playing for money at faro, roulette, rouge et noir or any unlawful game or gambling of any kind, or any device or apparatus designed for any such purpose on or about the licensed premises.

(5) Possess, allow, permit or suffer on or about the licensed premises any slot machine, or device in the nature of a slot machine, which may be used for the purpose of playing for money or other valuable thing.

E. Service in private areas forbidden; exceptions. No person shall be served in any room which is not open to the use of the public generally; provided, however, that nothing in this section shall be deemed to prohibit the service of alcoholic beverages to hotel guests in their rooms or service in private dining rooms of bona fide hotels, motels and restaurants. This section shall not be applicable to club licensees.

F. Premises open to view. All premises in which alcoholic beverages are sold or dispensed, excepting guest rooms in hotels and motels and private dining rooms in hotels, motels and restaurants, shall be so arranged that a full view of the interior may be had from the public thoroughfare or from adjacent rooms to which the public is freely admitted. All such premises shall be lighted sufficiently so that a full view of the interior thereof may be had at all hours from the public thoroughfare or from such adjacent rooms.

G. Posting of article. All holders of plenary retail consumption licenses shall cause at least one copy of this article to be posted in a conspicuous place in the licensed premises.

§ 71-7. Minors.

A. Definition. For the purposes of this section, “minor” shall mean any person under the legal age.

B. Purchase/consumption of alcoholic beverages by a minor. No minor shall purchase, attempt to purchase, have another purchase for him or her or consume any alcoholic beverage on any premises licensed for the sale of alcoholic beverages.

C. Purchase of alcoholic beverages for a minor. No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor. For the purpose of this subsection, the transfer of possession of any alcoholic beverage from such person to a minor shall be prima facie evidence of a violation of this subsection.

D. Misstating age. No person shall misrepresent his or her age or the age of another person for the purpose of inducing any licensee, or his or her employee, to serve a person under the legal age in violation this section.

E. Presumption. Any adult who accompanies a minor into premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.

F. Possession. No minor shall possess, serve, sell or consume any alcoholic beverage in any public place within the Township. Editor’s Note: Original Sec. 7-6, Bartenders, which previously followed this section, was repealed 8-17-2005 by Ord. No. 2005-25.

§ 71-8. Revocation of licenses.

Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article, any provisions of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.

Article III. Possession or Consumption on Private Property by Underage Persons

[Adopted 8-17-2005 by Ord. No. 2005-26]

§ 71-9. Underage possession or consumption.

It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.

§ 71-10. Definitions.

As used in this article, the following terms shall have the meanings set forth:

GUARDIAN: A person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.

RELATIVE: The underaged person’s grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

§ 71-11. Violations and penalties; suspension of driving privileges.

A. Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.

B. In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person’s driver’s license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

C. If a person at the time of the imposition of a sentence has a valid driver’s license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and the sex of the person, as well as the first and last date of the license suspension period imposed by the court.

D. The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

E. If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit it to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresident convicted under this article. Upon receipt of a report from the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

§ 71-12. Exceptions.

A. Nothing contained in this article is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

B. Nothing contained in this article is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81 or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

Chapter 76. AMUSEMENTS AND AMUSEMENT DEVICES

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Games of chance — See Ch. 176.

Licensing — See Ch. 203.

Noise — See Ch. 217.

Parks and playgrounds — See Ch. 231.

Peace and good order — See Ch. 235.

Poolrooms and billiards — See Ch. 246.

Sexually oriented businesses — See Ch. 285.

Article I. Amusement Parks

[Adopted by Ord. No. 1994-22 (Sec. 6-9 of the 1993 Revised General Ordinances)]

§ 76-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:

AMUSEMENT PARK; PARK: Any building, structure and/or any place of amusement operated upon a lot or plot of ground in the open air, permanent in its nature and operated by private enterprise for profit during the entire year or any part thereof, whether admission is charged to enter or not. Editor’s Note: Original Sec. 6-9.2, Designation of amusement park, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

GAME: Any game or amusement which is authorized under the provisions of the Amusement Games Licensing Law (Chapter 109, P.L. 1959), Editor’s Note: See N.J.S.A. 5:8-100 et seq. except that there shall not be permitted a game of chance incorporating:

A. A laydown board marked in segments bearing numbers, games or symbols whereon the player or players place the entry fee as an indication of choice of expected winner.

B. Electrical push-button switches or similar devices situated or located at each segment on the board which enable any player to start or stop the game.

C. A moving indicator powered and driven by an electric motor which may be activated and deactivated by any player by means of the switches provided.

D. An arrangement of numbers, names or symbols corresponding to those on the laydown board to one of which the moving indicator points when it stops after exhausting its momentum following deactivation of the motor, generally knows as “stop and go game.”

§ 76-2. License required to operate games.

It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games as said amusement game or games are of skill or chance, or both, and whether said amusement game or games are placed and operated with or without numbers, symbols or figures, without first having obtained a proper license from the Township Council of the Township of Delran. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law (Chapter 109, P.L. 1959) Editor’s Note: See N.J.S.A. 5:8-100 et seq. and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of Amusement Games Control, Department of Law and Public Safety of the State of New Jersey.

§ 76-3. Application for license.

Each applicant for such a license shall file with the Township Clerk a written application in duplicate therefor. The application must be in the form prescribed by the Commissioner of Amusement Games Control and must comply with all the requirements as specifically set forth in Section 2 of Chapter 109 of the Public Laws of 1959 Editor’s Note: See N.J.S.A. 5:8-101. and any amendments and supplements thereto and any additional requirements as may be promulgated from time to time by the Amusement Games Control Commissioner of the State of New Jersey.

§ 76-4. Fingerprinting; fees; employees’ identification cards.

A. The Township Council may require any applicant or shareholder, director or officer of any applicant corporation to be fingerprinted as a condition to the issuance of the license or employment by a licensee.

B. Any fees for fingerprinting or any other investigation shall be paid for by the applicant.

C. Each employee of the licensee shall be issued an identification card.

§ 76-5. Issuance of license; certificate; display.

A. Upon proof of compliance with all applicable requirements, the Township Council shall authorize the issuance of a license, by resolution, said license to be effective for a term of one year, commencing with the date of issuance and terminating on December 31 of each year. Said resolution shall specifically recite that the premises to be licensed is located in a recognized amusement park in the municipality. A certified copy of the resolution shall be transmitted, together with a copy of the application and license certificate issued, to the Commissioner of Amusement Games Control.

B. License certificate.

(1) Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commissioner, as aforesaid, and the additional copy to be retained by the Township Clerk.

(2) Each license certificate shall indicate:

(a) The name of the licensee.

(b) The address of the licensed premises.

(d) The amount of fee paid.

(e) A statement of the dates between which and the hours between which such game may be conducted.

(3) The license certificate shall be in the form prescribed by the Commissioner of Amusement.

C. Each license shall be conspicuously displayed at the place or places where the game is to be conducted at all times during the conduct thereof.

§ 76-6. Licensing of amusement games.

The Township expressly reserves the right to license amusement games other than the ones described herein and to establish fees therefor for the use in the area designated in accordance with the requirements set forth in this article. The games hereinafter licensed shall be incorporated herein by reference thereto.

§ 76-7. Hearing prior to refusal of license; amendments; state license.

A. No application for the issuance of a license shall be refused by the Township Council until after a hearing is held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.

B. Any license issued under this article may be amended, upon application made to the Township Council, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable, if it had been so included.

C. No license issued pursuant to this article shall become operative unless and until the licensee named therein shall have procured a state license from the Commissioner of Amusement Games Control.

§ 76-8. Control and supervision.

A. The Township Council shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under said Amusement Games Licensing Law Editor’s Note: See N.J.S.A. 5:8-100 et seq. and all amendments and supplements thereto.

B. The Chief of Police of the Township may inspect or cause to be inspected any place or building in which amusement games or services are operating.

C. Amusement games and devices shall be kept and placed in plain view of any person or persons who may frequent and be in any place or place of business where such devices or games are used and licensed.

D. Nothing in this article shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey.

E. No gambling between participants in any amusement games or the users of any amusement devices shall be permitted at any time.

§ 76-9. Forfeiture of license for certain acts.

Any person, association or corporation who or which shall make any false statement in any application for such license or shall fail to keep such adequate and proper books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license or shall violate any of the provisions of this article or the Amusement Games Licensing Law (Chapter 109, P.L. 1959) Editor’s Note: See N.J.S.A. 5:8-100 et seq. or of any of the terms of such license, shall be a disorderly person; and, if convicted as such, shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under this article.

§ 76-10. Separate licenses required; fees.

A. There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such games. The annual license fee for each such place shall be the sum of $100.

B. A separate license shall be issued for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee. The license fee for each specific kind of game under each certification, as provided for pursuant to N.J.A.C. 13:3-7.9, shall be as follows:

(1) Games permitted under Category and Certification No. 1:

	Game	Fee
	Balloon game	$100
	Barrel game	$100
	Basketball game	$100
	Bear pitch game	$100
	Break the dish game	$100
	Bullpen ball game	$100
	Cigarette cork rifle game	$100
	Cigarette dart game	$100
	Cigarette toss game	$100
	Dart game	$100
	Dodgem game	$100
	Glass pitch game	$100
	Hoopla game	$100
	Mammy doll game	$100
	Milk bottle game	$100
	Milk can game	$100
	Over and under game	$100
	Penny pitch game	$100
	Pig slide game	$100
	Ping pong game	$100
	Ring toss game	$100
	Shooting gallery game	$100
	Stuffed cat game	$100
	Other similar games	$100

(2) Games permitted under Category and Certification No. 2:

	Arcade Game	Fee
	Baseball machine	$100
	Basketball machine	$100
	Bouncing ball machine	$100
	Bowling machine	$100
	Crane machine	$100
	Dexterity tester machine	$100
	Digger machine	$100
	Football machine	$100
	Golf machine	$100
	Gun machine	$100
	Hockey machine	$100
	Intelligence tester machine	$100
	Pinball machine	$100
	Pokerino machine	$100
	Pool table machine	$100
	Pusher machine	$100
	Roll down machine	$100
	Rotary arm machine	$100
	Shooting machine	$100
	Shuffle alley machine	$100
	Skee ball machine	$100
	Skill tester machine	$100
	Strength tester machine	$100
	Other similar games	$100

(3) Games permitted under Category and Certification No. 3:

	Nondraw Raffle Game	Fee
	Duck pond game	$100
	Fish pond game	$100
	Grab-bag game	$100
	Pick-the-stick game	$100
	Other similar games	$100

(4) Games permitted under Category and Certification No. 4:

	Competitive Game	Fee
	Bowlo game	$100
	Greyhound game	$100
	Water gun game	$100
	Other similar games	$100

(5) Games permitted under Category and Certification No. 6:

	Guessing Game	Fee
	Guess your age game	$100
	Guess your weight game	$100
	Other similar games	$100

(6) Games permitted under Category and Certification No. 7:

	Game	Fee
	Ring the bell game	$100
	High striker game	$100
	Other similar games	$100

(7) Games permitted under Category and Certification No. 8:

	Miscellaneous Skill Game	Fee
	Log roll and rope climb	$100
	Other similar games	$100

C. The required fee, which shall be an annual fee without proration, shall accompany the license application. In the event that the license is denied or the application therefor is withdrawn, the Township shall retain 25% of the application fee as an investigation fee, and the balance shall be returned to the applicant.

D. The Township Council expressly reserves the right to license amusement games other than the ones described and to establish fees therefor for the use in the area designated in accordance with the requirements set forth herein. The games hereinafter licensed shall be incorporated herein by reference thereto.

§ 76-11. Exceptions.

A. The provisions of this article shall not apply to any carnival, fair or other activity held on an annual basis by a nonprofit group or organization wherein amusement devices, structures or rides are installed or used on a temporary basis.

B. Exempt organizations. Baseball, football and basketball games, entertainments or lecture courses by civic bodies and fire companies of the Township and entertainments or lecture courses, the expense of which are guaranteed by residents of the Township, are exempt from the requirements of this article.

C. Charitable or religious organizations. This article shall not apply to any of the amusements enumerated when the net proceeds are for the benefit of any charitable or religious organization located within the Township or when given by the pupils of any school in the Township, the proceeds of which are to be used for educational purposes.

§ 76-12. Expiration of license.

All licenses issued under this article shall expire on December 31 of each year.

§ 76-13. Violations and penalties.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Any person, firm or corporation violating any of the provisions of this article shall be subject to a penalty as set forth in § 1-5, Violations and penalties, of this Code. The same shall be in addition to the powers of suspension or revocation of any such license as provided for herein.

Article II. Automatic Amusement Devices

[Adopted as Sec. 6-11 of the 1993 Revised General Ordinances]

§ 76-14. Definitions.

As used in this article, the following terms shall have the meanings indicated:

AMUSEMENT CENTER: Any business or establishment having more than six automatic amusement devices shall be classified as an “amusement center,” with corresponding fees and regulations.

AUTOMATIC AMUSEMENT DEVICE: Any machine which, upon insertion of a coin, slug, token plate or disc, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score. Automatic amusement devices shall include, but are not limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, video games and all games, operations or transactions similar thereto, under whatever name they may be indicated.

DISTRIBUTOR: Any person who supplies any automatic amusement device to another for use in his or her premises, whether under sale, lease or any similar arrangement.

OPERATOR: Any person in whose premises, either owned or leased, any automatic amusement device is placed or kept for operation.

§ 76-15. Purpose.

The purpose of this article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this article is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located and to prevent gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community, or other foreseeable undesirable effects of such devices.

§ 76-16. License required.

No person shall maintain, operate or possess in any store, building or other place where individuals may enter, or wherein any club or organization meetings are held, any automatic amusement devices without first obtaining a license for each such machine or device.

§ 76-17. Application for license.

A. To whom made. All applications for a license under this article shall be made and delivered to the Township Clerk, on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.

B. Contents. The application for the license shall contain, in addition to the requirements of Chapter 203, Licensing, the following:

(1) Name under which the place is being operated.

(2) Number and type of alcoholic beverage license, where applicable.

(3) Number and type of machines sought to be licensed.

(4) Two copies of a site plan, of at least 1/4 inch equals one foot scale.

(5) Name and address of each person from whom each device is to be purchased, rented or otherwise obtained.

(6) A description of each automatic amusement device sought to be licensed, including for each device the name of the manufacturer, model number and serial number.

(7) The terms of the agreement governing the acquisition and installation of each automatic amusement device.

(8) Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.

(9) Any other information which the Construction Official, Police Chief or appropriate subcode officials may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.

C. Application for more than six machines. If the applicant requests a license for more than six machines for any one location, he or she shall provide the following:

(1) A minimum of one on-site, off-street parking space for each amusement machine or device requested.

(2) A uniformed security guard and at least two full-time supervisory personnel, who shall be on the premises at all times during the hours of operation.

(3) The applicant shall submit plans to the Construction Official or other designated Township official demonstrating that the building or place where the machine is to be located is properly insulated to prevent noise of both the patrons and the machines from entering or disturbing occupants of adjacent buildings. Furthermore, he or she shall submit proof that the location will conform to all noise level regulations.Editor’s Note: See also Ch. 217, Noise.

D. Fee. All applications shall be accompanied by the appropriate fee.

§ 76-18. Investigation; approval.

The Chief of Police, or his or her designee, may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Construction Official, or his or her designee, may inspect the premises to determine whether such premises complies with existing building regulations of the Township. The Chief of Police and the Construction Official, upon completion of their inspections, may attach to the application their reports. Upon receipt of the application and inspection reports, if any, the Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the applicant is approved, the Township Clerk shall issue the necessary licenses.

§ 76-19. Limitations on number and locations of automatic amusement devices.

A. No more than two machines or devices shall be licensed or operated within the first 200 square feet of public floor space of any one place of business. A license may be issued for additional machines or devices for every additional 50 square feet of public floor space, or four times the area of the machine, whichever is greater. Music machines, or jukeboxes, shall not be counted in the determination of the original two machines or devices.

B. The following rules shall govern the location within all business premises of automatic amusement devices:

(1) Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unobstructed passage to and from the premises of patrons or users of the premises.

(2) Each device shall have an unobstructed perimeter zone or distance of four feet around the sides of the three linear borders of each device wherein the users of such device may use, watch or wait to use the device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this section that, for purposes of preventing overcrowding and assuring safe passage of the general public, each machine shall have its own unobstructed perimeter zone.

(3) All machines shall be visible from the street or outside the premises.

(4) The licensee, at all times, shall control the sound so as not to cause disturbance or nuisance to others in the vicinity of the machines. The licensee shall, at all times, place each machine so that the part of the machine from which the sound emits shall not be within five feet of the front entrance of the place of business.

C. No machine located on a second floor or below ground level shall be licensed.

D. A license for six or more machines in any one location shall not be granted if the location is in a residential zone or within 1,000 feet of:

(1) A public school giving instructions at least five days per week, holidays excepted, for eight or more months per year.

(2) A church or any house of worship of any religious faith.

(3) A nursing home or rest home.

§ 76-20. Fees.

The fees for all licenses or applications required by this article shall be as set forth in § 150-3A.

§ 76-21. License term; renewal; transfer.

A. All licenses issued under this article shall be for a term of one year, commencing on May 1 and expiring on April 30 of the following year.

B. A license shall be renewed by submission of an application to the Township Clerk no later than November 1 pursuant to §§ 76-17 and 76-20.

C. A license may not be transferred from one machine to another.

§ 76-22. Gambling.

Such pinball games or other mechanical or amusement devices of any kind or nature shall be used for amusement purposes only. No such pinball game or other mechanical or amusement device of any kind or nature shall be used in connection with gaming, lottery, or any other unlawful activity.

§ 76-23. Display of license.

The license for each device or machine shall be posted on the machine or device in a visible location, or in such other visible manner approved by the Construction Official. Such license shall contain the name of the manufacturer, the model number and serial number for the machine or device issued.

§ 76-24. Revocation.

Any time after the granting of a license, the Council may revoke such license or licenses if, after a hearing, it finds:

A. Gambling on the premises.

B. False or incorrect information on the application furnished by the applicant.

C. Failure to maintain good and safe conduct on the premises.

D. Violation of the laws of the State of New Jersey or of this article or other ordinances of the Township.

E. The presence of the machine or device results in gambling, obscene or loud language disturbing, or likely to disturb, the public or other patrons of the premises or results in creating a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.

Chapter 80. ANIMALS

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Noise — See Ch. 217.

Dogs in parks and playgrounds — See Ch. 231.

Article I. Dogs and Cats

[Adopted by as Ch. XI of the 1993 Revised General Ordinances]

§ 80-1. Definitions.

[Amended by Ord. No. 1991-7; Ord. No. 1992-15]

As used in this article, words herein defined shall have the following meanings:

ABANDONED: An owner or caregiver has forsaken a domesticated animal entirely, or has neglected or refused to provide care and support of the domesticated animal.

[Added 12-21-2011 by Ord. No. 2011-23]

ANIMAL CONTROL OFFICER: Any person employed or appointed by the Township who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with New Jersey law and this Code.

[Added 12-21-2011 by Ord. No. 2011-23]

AT LARGE: A dog off the premises of the person owning, keeping or harboring it and not securely fastened to a tether, leash, cord or chain or the like, not to exceed eight feet in length, held by its owner or other person capable of controlling such dog.

CAREGIVER: Any person who provides food, water or shelter to or otherwise cares for a dog, cat or other domesticated animal.

[Added 12-21-2011 by Ord. No. 2011-23]

CAT: A domesticated carnivore, Felis domestica or F. catus, bred in a number of varieties.

CERTIFIED ANIMAL CONTROL OFFICER: A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L. 1983, c. 525 for a period of three years before January 17, 1987.

[Amended 8-7-2005 by Ord. No. 2005-25]

DOG: Any dog, bitch or spayed bitch.

DOG OR CAT OF LICENSING AGE: Any dog or cat which has attained the age of seven months or which possesses a set of permanent teeth.

DOMESTICATED ANIMAL: An animal that is socialized to humans and is appropriate as a companion for humans.

[Added 12-21-2011 by Ord. No. 2011-23]

EARTIPPING: Straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized.

[Added 12-21-2011 by Ord. No. 2011-23]

FERAL CAT: A cat that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are completely or substantially unsocialized to humans.

[Added 12-21-2011 by Ord. No. 2011-23]

FERAL CAT COLONY: A group of cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any nonferal cats that congregate with a colony shall be deemed to be a part of it.

[Added 12-21-2011 by Ord. No. 2011-23]

KEEPER: Any person exercising control over a dog or cat or permitting a dog or cat to remain on premises under his or her control.

KENNEL: Any establishment wherein or whereon the business of boarding or selling dogs or cats or breeding of dogs or cats for sale is carried on, except a pet shop.

NUISANCE: Disturbing the peace by habitually or continually howling, crying or screaming; or by the habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.

[Added 12-21-2011 by Ord. No. 2011-23]

OWNER: Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.

[Amended 12-21-2011 by Ord. No. 2011-23]

PET SHOP: Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs or cats for sale are kept or displayed.

POUND: An establishment for the confinement of dogs or cats seized either under the provisions of this article or otherwise.

RESCUE GROUP: A for-profit or not-for-profit entity or a collaboration of individuals with at least one of its purposes being the adoption or placement of dogs, cats or other abandoned animals in homes with humans to serve as companion animals.

[Added 12-21-2011 by Ord. No. 2011-23]

SHELTER: Any establishment where dogs or cats are received, housed and distributed.

[Amended 8-7-2005 by Ord. No. 2005-25]

STRAY ANIMAL: A cat, dog or other domesticated animal that is regularly off the property of the owner, is not under the physical control and restraint of the owner and is not regularly provided with food by its owner.

[Added 12-21-2011 by Ord. No. 2011-23]

SUITABLE SHELTER: A shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of an animal.

[Added 12-21-2011 by Ord. No. 2011-23]

TNR: Trap, neuter and return.

[Added 12-21-2011 by Ord. No. 2011-23]

TNR PROGRAM: An approved program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies and returned to the location where they congregate.

[Added 12-21-2011 by Ord. No. 2011-23]

VICIOUS DOG: Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.

ZOONOTIC DISEASE: Those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases.

[Added 12-21-2011 by Ord. No. 2011-23]

§ 80-2. Licensing.

[Amended by Ord. No. 1991-7]

A. License; when required. Licenses shall be required for the following dogs or cats of licensing age:

(1) Any dog or cat acquired and kept within the Township by any person on the first day of January of any calendar year.

(2) Any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.

(3) Any dog or cat attaining licensing age during the course of the calendar year.

(4) Any unlicensed dog or cat brought into the Township by any person and kept within the Township for more than 10 days.

(5) Any dog or cat licensed by another state and brought into the Township by any person and kept within the Township for more than 90 days.

B. Application for license.

(1) Each application for a dog or cat license under this article shall give the following information:

(a) A general description of the dog or cat sought to be licensed, including breed, sex, age, color and markings and whether the dog or cat is of a long- or short-haired variety.

(b) Name, street and post office address of the owner of, and the person who shall keep the dog or cat or harbor such dog or cat.

(2) Registration numbers shall be issued in the order in which applications are received.

C. Application for license; when made. Applications for licenses for dogs or cats which are required to be licensed by the provisions of Subsection A(1) shall be made before the first day of January of each calendar year, except for the case of three-year licenses, for which application shall be made before January 1 of the year of expiration. In all other cases, the application for a license shall be made within 10 days of the date upon which the dog or cat in question first becomes subject to the provisions of this section.

D. License record. The information on all applications under this article and the registration number issued to each licensed dog or cat shall be preserved for a period of three years by the Township Clerk. In addition, he or she shall forward similar information to the State Department of Health each month on forms furnished by the Department.

E. Fees.

(1) The person applying for a license shall pay the fees as set forth in § 150-3A for each dog and cat. The same fees shall be charged for annual renewal of each license.

(2) Any person who shall fail to pay the fees prescribed herein within the time provided shall pay an additional late charge fee, as set forth in § 150-3A.

F. Expiration date. Each dog and cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued, except licenses issued for three years shall expire January 31 of the third calendar year following the year of issue.

G. Exceptions.

(1) The provisions of this section shall not apply to any dog licensed under § 80-3 of this article. Dogs used as guides for blind persons and commonly known as “Seeing Eye dogs,” dogs used to assist handicapped persons and commonly known as “service dogs” and dogs used to assist deaf persons and commonly known as “hearing ear” dogs shall be licensed in the same manner as other dogs, except that the owner shall not be required to pay any fee. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Only one license and registration tag shall be required in any licensing year for any dog or cat owned in New Jersey, and such license and tag issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with Subsection A.

H. License forms and tags.

(1) License forms and uniform official metal registration tags shall be furnished by the Township Clerk. They shall be numbered serially and shall bear the year of issuance and the name of the Township.

(2) Identification tags shall have printed or stamped plainly “License, Township of Delran,” the current year and a distinct, different number for each dog or cat. A careful record of each such number and the accompanying license shall be maintained by the domestic animal registrar, particularly for identifying lost, strayed or impounded dogs or cats. The shape of the identification tag shall be alternated each year, and upon satisfactory proof to the domestic animal registrar that a license tag has been lost, worn or damaged beyond further use or cannot be found, the domestic animal registrar shall issue to the same applicant, upon payment of a fee as set forth in § 150-3A, a new tag, but of a new and different number, and a notation of the transaction shall also be made on the office file for the number originally issued.

I. Required rabies inoculation.

(1) Dogs. All dogs kept in the Township are required to be inoculated against rabies by a licensed veterinarian every three years. Proof of such inoculation shall be presented upon application for a new dog license, or application for renewal of a dog license.

(2) Cats. All cats required to be licensed pursuant to the provisions of this article shall also be inoculated against rabies by August 1 of each year. A certificate demonstrating that the inoculation was performed shall be filed with the domestic animal registrar by August 1 of each year.

§ 80-3. Pet shops, kennels, shelters and pounds.

A. License required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Council for a license entitling him or her to keep or operate such an establishment. Any person holding such a license shall not be required to secure individual licenses for dogs or cats owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.

[Amended by Ord. No. 1991-7]

B. Application information. The application shall contain the following information:

(1) The name and the permanent and local address of the applicant.

(2) The street address where the establishment is located, or proposed to be located, together with a general description of the premises.

(3) The purposes for which it shall be maintained.

(4) The maximum number of animals to be accommodated by each establishment at any one time.

C. Approval of health officer. No license shall be issued until the proposed licensee submits a written statement from the health officer of the Board of Health that the establishment, or proposed establishment, complies with the local and state rules governing the location of and sanitation at such establishment.

D. License term. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on June of each year.

E. License fees. The annual license fees for kennel and pet shop licenses shall be as set forth in § 150-3A.

F. Compliance with state regulations.

[Amended by Ord. No. 1991-7]

(1) All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Council on recommendation of the State Department of Health or the Board of Health of the Township of Delran for failure to comply with the rules and regulations of the State Department of Health or the Township Board of Health, after the owner has been afforded a hearing by either the State Department of Health or the Township Board of Health.

(2) Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases of dogs or cats within and from such establishments.

G. Report to State Health Department. The Township Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.

H. Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash, in a crate or under other safe control.

§ 80-4. Disposition of fees.

[Amended by Ord. No. 1991-7]

A. License fees and other monies collected or received under the provisions of this article, except the registration tag fees and such other fees required to be sent directly to the state, shall be forwarded to the Treasurer of the Township within 30 days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Township and shall be used for the following purposes only: collecting, keeping and disposing of dogs or cats liable to seizure under this article; local prevention and control of rabies; providing antirabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this article. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Township any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.

B. The registration tag fee for each dog shall be forwarded within 30 days after collection by the Clerk of the State Department of Health.

§ 80-5. Dog canvass.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The Animal Control Officer shall biennially cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Township Clerk, the Board of Health of the Township and to the State Department of Health on or before September 1 of the year in which the census was taken the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person together with a complete description of each licensed and unlicensed dog.

§ 80-6. Vicious dogs.

A. Defined. Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals or fowl is hereby defined to be a vicious dog for the purposes of this section.

[Amended by Ord. No. 1992-15]

B. Determination of viciousness; notice; hearing. It shall be the duty of the certified Animal Control Officer and/or the Police Department to receive and investigate complaints against dogs, and when any dog complained against shall be deemed by the certified Animal Control Officer and/or the Police Department to be a vicious dog, as herein defined, the certified Animal Control Officer and/or the Police Department shall report the fact to the Municipal Judge of the Township of Delran, who shall thereupon cause the owner or person harboring such dog to be notified, in writing, of the complaint against such dog and to appear before the Municipal Judge at a stated time and place. The Municipal Judge shall thereafter hold a hearing within a reasonable period of time and shall make a determination in accordance with the evidence present. If the Judge determines the dog to be vicious, he or she may then, at his or her discretion, order the dog to be restricted to the property of its owner, be securely muzzled and leashed when off the owner’s property or be destroyed by the Animal Control Officer in the manner approved by the statutes of the State of New Jersey.

[Amended by Ord. No. 1992-15]

C. Impoundment. In the event a vicious dog or any other dog has attacked, bitten or injured a human being, the Animal Control Officer shall impound the biting dog for a period of 10 days, or may order the owner of the dog, if the owner is known, to quarantine the dog on his or her premises, with his or her liability for custody, or in a veterinary clinic for a period of 10 days. At the end of the ten-day period, any dog under impoundment or quarantine shall be examined by a licensed veterinarian only, who shall ascertain that the dog is free of rabies and issue a certificate to the dog’s condition to the owner and to the Animal Control Officer or health officer of the Township for release authorization.

D. Owner responsibility.

(1) If there are any absorbed costs to the Township for such quarantine or impoundment, the owner of the dog shall be liable to pay the cost of maintenance, redemption fees and charges and veterinarian fees, if any, expended by the Township. The owner of the dog which has attacked, bitten or injured any person, or caused any suffering or injury to a person without the victim’s contributing negligence, may be liable for recovery or compensation for any suffering or injuries resulting from the dog attack, bite or physical threat.

(2) The intent of this section, however, is not to make an owner liable for any suffering or injury inflicted by a dog which did not have vicious propensities to attack or bite, such viciousness not being known to the owner, where the victim’s own carelessness and provocative conduct was a contributory cause or factor in the mischance.

(3) In the event of any dog biting a person is in or on a public place or lawfully on or in a private place, including the property of the owner of a dog, N.J.S.A. 4:19-16 shall be applied.

(4) For purposes of this subsection or any subsection under the terms of this section and/or amendment thereto, a person is lawfully upon private property of the owner when that person is on the property in the performance of any duty imposed upon him or her by the laws of the state or the laws of postal regulations of the United States of America, or any corporation authorized to act as a postal authority, or when such person is on such property of the owner by invitation, either expressed or implied.

E. Control of vicious dogs. A person may keep a vicious dog for protection of his or her home and property, but if he or she does so, he or she shall be bound to exercise a degree of care commensurate with the danger to others which will follow if the dog escapes from his or her control, in order that it will not injure anyone who does not lawfully provoke or intermeddle with the dog. No person owning or keeping a dog which has been determined to be a vicious dog shall permit such dog to be off the property of the owner or keeper without being securely muzzled and leashed.

§ 80-7. Impounding and disposal of certain dogs and cats.

[Amended by Ord. No. 1991-7]

A. Causes for impounding. The Animal Control Officer and the Police Department shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs or cats, and thereafter destroy or dispose of the same as provided in this section:

[Amended by Ord. No. 1992-15]

(1) Any unlicensed dog or cat, or dog running at large in violation of the provisions of this article.

(2) Any dog off the premises of the owner or the person keeping or harboring such dog which the Animal Control Officer has reason to believe is a stray dog.

(3) Any dog or cat off the premises of the owner or the person keeping or harboring such dog or cat without a current registration tag on its collar.

(4) Any female dog or cat in season off the premises of the owner or the person keeping or harboring such dog or cat.

(5) Any dog which has been determined to be a vicious dog as provided in § 80-6, provided that such dog may also be seized by any public officer, and provided further that if such dog cannot be seized with safety, he or she may be killed.

B. Access to premises. Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog which he or she may lawfully seize and impound when such officer is in immediate pursuit of such dog or cat, except upon the premises of the owner of the dog or cat if the owner is present and forbids the same.

C. Notice of seizure.

(1) If any dog or cat so seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person, or the owner or the person keeping or harboring the dog or cat is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar or on the person owning, keeping or harboring the dog or cat, a notice, in writing, stating that the dog or cat has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after service of the notice.

(2) A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person’s usual or last known place of abode, or at the address given on the dog’s or cat’s collar, or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar.

D. Disposition of unclaimed dogs and cats.

(1) The Animal Control Officer of the Township is authorized and empowered to cause the destruction of any unclaimed dog or cat, in as humane a manner as possible, or offer same for adoption under any of the following contingencies:

(a) When any dog or cat so seized has not been claimed by the person owning, keeping or harboring such dog or cat within seven days of the dog’s or cat’s detention when notice cannot be given, as set forth in the previous subsection.

(b) If the person owning, keeping or harboring any dog or cat so seized has not claimed the dog or cat and has not paid all expenses incurred by reason of its detention, including maintenance, as set forth in § 150-3A.

(c) If the seized dog or cat is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog or cat has not produced a license and registration tag as provided in this article.

(2) The preceding requirements of Subsection D(1)(a), (b) and (c) of this section shall not be deemed applicable when any dog or cat seized and impounded, pursuant to Subsection A, whether licensed or unlicensed, is, or appears to be, suffering from rabies, is immediately dangerous to the public, or has been so badly injured that it cannot be moved or helped by veterinarian care. In such case, the Animal Control Officer, or any member of the Police Department, may forthwith cause such dog or cat to be destroyed.

E. Reports and records of disposal of dogs and cats. A report of all dogs and cats disposed of pursuant to this section shall be promptly filed with the Township Administrator or any other person appointed by the Township Council for that purpose, who shall keep a proper and complete record in a substantially bound book.

F. Redemption.

(1) No dog or cat shall be returned to the owner or claimant of such dog or cat unless the dog or cat shall have a current license and shall have complied with the rabies inoculations requirements as hereinafter provided and the owner has paid the fees required.

(2) Any redemption of a dog or cat pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed for any violation of this article.

§ 80-8. Regulations pertaining to dogs and cats.

No person shall own, keep or harbor a dog or cat in the Township of Delran, except in compliance with the provisions of this article and following regulations:

A. Wearing of registration tags. All dogs and cats for which licenses are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag securely fastened thereto.

[Amended by Ord. No. 1991-7]

B. Use of registration tags. No person, except an officer in the performance of his or her duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it was not issued.

[Amended by Ord. No. 1991-7]

C. Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

D. Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries so as to disturb others.

E. Running at large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, or upon private property other than that of the owner, or any other public place within the Township.

F. Leashing of dogs. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person over the age of seven years and is securely confined and controlled by an adequate leash not more than six feet long.

G. Property damage. No person owning, keeping or harboring a dog or cat shall suffer or permit it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.

[Amended by Ord. No. 1991-7]

H. All persons owning, harboring, keeping, walking or in charge of any dog or other pet shall comply in all respects with the provisions of Chapter 303, Stormwater Management, or be subject to the penalties set forth in that Chapter 303. On the property of any person owning, harboring, keeping, walking or in charge of any dog or other pet, such person shall maintain the property in a sanitary manner free from noxious odors and waste, attraction to vermin, or any other public nuisance to neighbors or others. Editor’s Note: See also Ch. 330, Art. III, Pet Waste.

[Amended by Ord. No. 1992-15; 8-17-2005 by Ord. No. 2005-23]

I. Penned dogs and other animals. Dogs, cats and other animals which are penned outside of the home shall be adequately housed in shelters of appropriate size for the size of the animals. Adequate food and water shall be provided for the animals.

[Amended by Ord. No. 1991-7]

J. Female dogs and cats. A female dog or cat in heat shall be kept confined to the house or a pen. When she is walked or exercised she must be on a leash and controlled by a responsible adult. During the period a female dog or cat is in heat, such dog or cat shall not be chained or tied in an open yard or area at any time.

[Amended by Ord. No. 1991-7]

§ 80-9. Violations and penalties.

A. Violations. For violation of any of the regulations under this article, complaints may be filed by either citizens, the Animal Control Officer or police for the violation of any of such regulations on either public or private property.

[Amended by Ord. No. 1991-7]

B. Penalties.

[Amended by Ord. No. 1992-15]

(1) Any person who violates any provisions of this article, upon conviction thereof, shall be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code, for each and every offense.

[Amended 8-7-2005 by Ord. No. 2005-25]

(2) A separate violation shall be deemed to be committed on each day during or on which a violation occurs or continues.

§ 80-9.1. Feral cat colonies.

[Added 12-21-2011 by Ord. No. 2011-23]

A. Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this article.

B. Sponsorship of colony TNR programs. The Burlington County Feral Cat Initiative program, a nonprofit animal education organization in existence to guide townships in the County of Burlington to oversee TNR programs as a cost-effective and proven solution for the compassionate reduction of feral cat populations, is approved. Persons may apply to the Township to serve as colony TNR program sponsors (“sponsors”) so long as said persons agree to perform the responsibilities stated in this article for sponsors.

C. Sponsor requirements. It shall be the duty of the sponsor to:

(1) Review and approve of colony caregivers;

(2) Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;

(3) Maintain records provided by colony caregivers on the size and location of the colonies as well as the vaccination and spay/neuter records of cats in the sponsor’s colonies; and

(4) Report annually to the Township on the following:

(a) Number of colonies in the Township;

(b) Total number of cats in colonies;

(d) Number of cats and kittens placed in permanent homes.

(5) Use due consideration to avoid the taking of rare, threatened or endangered species under the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq.

D. Feral cat caregiver requirements. Caregivers are responsible for the following:

(1) Complete the necessary training requirements of the Burlington County Feral Cat Initiative program to qualify as a caregiver;

(2) Registering the feral cat colony with the sponsor;

(3) Taking steps that are reasonably likely to result in the vaccination of the colony population for rabies and making reasonable efforts to update the vaccinations on cats that can be recaptured;

(4) Taking steps that are reasonably likely to result in the spay/neuter, by a licensed veterinarian, of at least 90% of the colony population;

(5) Providing the sponsor with descriptions of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered;

(6) Providing food, water and, if feasible, shelter for colony cats;

(7) Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;

(8) Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;

(9) In the event that kittens are born to a colony cat, the caregiver shall take reasonable steps likely to result in the removal of the kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement;

(10) Reporting annually, in writing, to the sponsor on the status of the colony, including data on the number and gender of all cats in the colony, the number of cats that died or otherwise ceased being a part of the colony during the year, the number of kittens born to colony cats and their disposition and the number of cats and kittens placed in permanent homes as companion cats; and

(11) Obtaining proper medical attention for any colony cat that appears to require it.

E. Colony cat requirements.

(1) The left ear of a colony cat that has been spayed or neutered and vaccinated shall be eartipped.

(2) An electronic animal identification device (EAID) shall be inserted into the cat by a veterinarian in accordance with professional medical standards. The sponsor shall be the named contact for purposes of the EAID.

F. Disposition of colony cats.

(1) An Animal Control Officer who has trapped a cat whose left ear has been tipped or which bears some other distinguishing mark indicating that it belongs to a feral cat colony shall transport the cat to the Burlington County Animal Shelter, where the cat will be scanned for an EAID. If an EAID is found, the registered owner, caregiver or sponsor identified in the EAID microchip registry will be contacted and advised the cat is located at the Burlington County Animal Shelter.

(2) The owner, caregiver or sponsor shall be responsible for retrieving the cat from the Burlington County Animal Shelter within three business days or advising the shelter if the owner or sponsor does not intend to retrieve the cat.

§ 80-9.2. Enforcement of feral cat colony provisions.

A. The Township shall have the following rights:

(1) The right to seize or remove from a colony cats that have not been vaccinated against rabies and which are demonstrating signs of the disease;

(2) The right to seize/remove from a colony a cat that is creating a nuisance as defined above and the caregiver and sponsor have been given 60 days to remove and relocate the cat and have failed to do so;

(3) The right to seize or to remove a colony of cats when the caregiver regularly fails to comply with the requirements of § 80-9.1 above, and the sponsor has not been able to obtain a replacement or substitute caregiver within 60 days of the Township’s notice to the sponsor of the caregiver’s failure to comply with this article; and

(4) The right to fine a caregiver if four or more of the caregiver’s colony’s cats are trapped within any six-month period. The fine imposed shall not exceed $100 for a first offense and $200 for a subsequent offense.

B. The requirements of this article notwithstanding, Animal Control officers and police officers may investigate any nuisance complaint.

§ 80-9.3. Feeding and providing food to feral cats on Township property prohibited.

[Added 12-21-2011 by Ord. No. 2011-24]

A. It is unlawful for any person to feed feral cats on any property owned by the Township of Delran.

B. Any person who violates the provisions of this section shall be guilty of an infraction and shall be fined in a sum not to exceed $300.

Article II. Feeding of Wild Waterfowl

Editor’s Note: See also Ch. 330, Art. IV, Wildlife Feeding.

[Adopted by Ord. No. 2003-23 (Sec. 4-14.12 of the 1993 Revised General Ordinances)]

§ 80-10. Feeding and providing food prohibited.

No person shall feed, cause to be fed or provide food for wild waterfowl on any private or public lands within the Township of Delran.

§ 80-11. Exceptions.

This article shall not be construed to prohibit humane acts towards wild waterfowl in individual cases, such as the temporary nurturing of a wounded bird on one’s own premises.

Chapter 89. BRUSH, GRASS AND WEEDS

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-16 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention — See Ch. 162.

Littering — See Ch. 208.

Property maintenance — See Ch. 257.

§ 89-1. Protection of property; clearing of weeds, high grass, leaves and rubbish.

For the purpose of affording additional protection to property in the Township against fire and better health protection, the owners, tenants in possession and persons having or exercising the control or management of all lots and parcels of land situated within the Township shall at all times keep the same clear of weeds, high grass, underbrush, small bushes, leaves and rubbish.

§ 89-2. Failure to comply with requirements; violations and penalties.

If any owner, tenant in possession or other person having or exercising the control or management of any lot or parcel of land situated within the Township shall refuse or neglect to clear such weeds, brush, bushes, leaves, high grass or rubbish, as required by § 89-1, within 10 days after being notified in writing to do so, such owner, tenant in possession or other person having or exercising the control or management of the same shall be in violation of this chapter and subject to the penalties set forth in §§ 1-5 and 1-6 of this Code.

Chapter 95. BUILDINGS, NUMBERING OF

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1995-3 (Ch. XXIII of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 118.

§ 95-1. Purpose.

The purpose of this chapter is to require clear display of the authorized and assigned house or building number on every building fronting on any street in the Township of Delran in order to assist the general public and emergency services, public and private, in identifying the property, in the case of emergency or otherwise.

§ 95-2. Applicability.

All dwelling houses, stores or other principal buildings erected or to be erected within the Township of Delran shall display house numbers assigned by the Tax Assessor’s office as provided herein and in conformity with the specifications set forth in § 95-4 herein.

§ 95-3. Responsibility of owner for placement of number; time limit.

The owner, occupant or lessee of each and every house, store or other building which now fronts or which may hereafter front upon any public or private street within the Township of Delran shall, at his own expense, within three months after the adoption and publication of this chapter, cause the authorized and assigned number of such house or building to be permanently and conspicuously placed in accordance with the specifications set forth herein.

§ 95-4. Specifications.

A. House or building numbers shall be:

(1) In Arabic numerals.

(2) A minimum height of three inches.

(3) Mounted in a secure fashion to the front wall or porch of the building or other fixed appurtenance in the front of the building so as to be clearly visible from the street.

(4) Sufficiently legible as to contrasting background, arrangement, spacing and uniformity so as to be clearly visible from the street.

(5) At least 30 inches above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street upon which the building fronts.

B. All commercial establishments shall have their rear doors marked as well as front doors under this chapter.

C. Visibility of numbers on building which is set back. If said house or building has such a setback location that the provisions cannot be complied with, then the owner, occupant or lessee shall provide a post, rod or other type of a substantial nature, including a mailbox, with the number affixed thereon and so located on the premises that the number shall be conspicuous and visible from the street upon which the building fronts.

D. Multifamily dwellings. The following additional regulations shall apply to multifamily dwellings:

(1) Each building shall be identified clearly, and the identification shall be visible from the street upon which the building fronts.

(2) If a complex contains more than one building, each building shall be clearly titled, and the apartment number ranges contained therein shall be posted in accordance with § 95-4 of this chapter.

(3) Numbers with directional arrows shall be posted on the walls of corridors used to enter and exit stairwells and elevators.

§ 95-5. Application for assigned numbers; compliance required.

House numbers shall be assigned by the Tax Assessor’s office of the Township of Delran. Every owner, occupant or lessee of a building constructed or to be constructed in the Township of Delran shall apply to the Tax Assessor’s office for an authorized number in accordance with this chapter and applicable provisions of Chapter 310, Subdivision of Land, of the Code of the Township of Delran.

§ 95-6. Enforcement.

A. Upon the failure of an owner, occupant or lessee to ascertain and affix upon any building to which this chapter applies the assigned and authorized number within three months after the final adoption and publication of this chapter, the Township may enforce the provisions herein.

B. This chapter shall be enforced by the Construction Code Official and the Fire Marshal (Fire Official).

§ 95-7. Violations and penalties.

A. Any person who violates the provisions of this chapter, upon conviction thereof, shall be punished by a fine not exceeding $50.

B. If the violation shall continue for an additional three months from the date of being cited for the first offense, the person shall be punished by a fine not exceeding $200.

Chapter 100. BUILDINGS, UNFIT

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 13-2 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Substandard Housing Committee — See Ch. 48.

Uniform construction codes — See Ch. 118.

Fire prevention — See Ch. 162.

Property maintenance — See Ch. 257.

§ 100-1. Short title.

This chapter shall be known by the short title, “The Delran Township Ordinance Concerning Dwellings Unfit for Human Habitation.”

§ 100-2. Purpose.

It is hereby found and declared that the existence of buildings in the Township which are unfit for human habitation, occupancy or use is inimical to the welfare and dangerous and injurious to the health and safety of the residents of the Township and a public necessity exists for the repair, closing or demolition of such buildings.

§ 100-3. Definitions.

The following terms, whenever used or referred to in this chapter, shall have the following respective meanings for the purpose of this chapter, unless a different meaning clearly appears from the context:

BUILDING: Any structure, or part thereof, whether used for human habitation or otherwise, and includes outhouses and appurtenance belonging thereto and usually enjoyed therewith.

DWELLING UNIT: A housekeeping unit designed or intended for occupancy by one family.

OWNER: As defined in § 257-3.

PARTIES IN INTEREST: All persons who have an interest in a dwelling or who are in possession thereof.

PUBLIC AUTHORITY: Any housing authority, or any officer who is in charge of any department or branch of the Township relating to health, fire, building regulations or other activities concerning building in the Township of Delran.

PUBLIC OFFICER: The Construction Official, who is the officer who is authorized by this chapter to exercise the powers prescribed.

§ 100-4. Complaints.

[Amended 8-7-2005 by Ord. No. 2005-25; 7-27-2010 by Ord. No. 2010-10]

Whenever a petition is filed with the public officer by a public authority, or by at least five residents of the Township, charging that any building is unfit for human habitation, occupancy or use, or whenever it appears to the public officer that any building is unfit for human habitation, occupancy or use, the public officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of, and parties in interest in, such building a complaint stating the charges and that a hearing will be held before the public officer at a place therein fixed, not less than seven days nor more than 30 days after the serving of such complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint with the public officer and to appear in person or otherwise and give testimony at the place and time fixed in the complaint, and the rules of evidence prevailing in the courts shall not be controlling in the hearing before the public officer.

§ 100-5. Determination of unfit buildings by public officer; service of orders of abatement.

If the public officer shall determine, after notice and hearing, that the building under consideration is unfit for human habitation, occupancy or use, he or she shall state, in writing, his or her findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:

A. Requiring the repair, alteration and improvement of the building to be made by the owner within a reasonable time, which time shall be set forth in the order, or to vacate or have the building vacated and closed within the time set forth in the order; and

B. If the building is in such a condition to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within the time specified in the order of removal.

§ 100-6. Failure to comply with orders to repair or vacate; placard.

If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved, or to be vacated and closed, provided that the public officer shall not incur any expenses to repair, alter or improve any building without the approval, by resolution, of the Township Council. The public officer may cause to be posted on the main entrance of any building so closed, a placard with the following words, “This building is unfit for human habitation, occupancy or use; the use or occupancy of this building is prohibited and unlawful.”

§ 100-7. Failure to comply with orders to remove or demolish.

If the owner fails to comply with an order to remove or demolish the building, the public officer, upon approval of the Township Council, shall cause such building to be removed or demolished, or shall contract for the removal or demolishing thereof, after advertising for and receipt of bids therefor.

§ 100-8. Cost and charges incurred by Township.

A. The cost of filing legal papers, expert witness’ fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of the Township, and the cost of such repairs, alterations and improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from the contract for the removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If any building is removed or demolished by the public officer, he or she shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, the leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits, or if the sum total of such costs exceeds the total of such credits, a detailed statement of the costs and the amount due shall be filed with the Tax Assessor and a copy thereof shall forthwith be forwarded to the owner by registered mail. If the total of the credits exceeds such cost, the balance remaining shall be deposited in the Superior Court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing in this chapter shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

B. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

[Amended 8-7-2005 by Ord. No. 2005-25]

§ 100-9. Conditions constituting unfit buildings.

A building may be declared unfit for human habitation, occupancy or use if it is determined that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants, neighboring buildings or other residents of the Township. The following shall be deemed as standards for such determination. All buildings which have any one or more of the following defects may be deemed “dangerous buildings” and unfit for human habitation, occupancy or use:

A. Those whose interior walls or other vertical structure members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

B. Those which, exclusive of the foundation, show 33% or more of damage, or 50% of damage, disrepair or deterioration of the outside wall or covering.

C. Those which have improperly distributed loads upon the floors or roofs, or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

D. Those which have been damaged by fire, winds or other causes so as to have become dangerous to life, safety or general health and welfare of the occupants or the people of the Township.

E. Those which lack a supply of potable running water within the dwelling unit.

F. Those which have improper connections between plumbing fixtures and the sanitary sewerage system of the Township, provided that Township sewerage facilities are in existence.

G. Those which do not have at least one flush toilet for each dwelling unit, or, if present, is unfit for use.

H. Those which lack permanent, safe and reasonably efficient kitchen facilities within the dwelling unit, including sink.

I. Those with electric wiring which does not conform to Underwriters’ standards.

J. Those which lack substantially adequate and safe heating facilities.

K. Those having toilets for bathrooms without adequate ventilation. All new construction must have windows for living room, bedroom and kitchen.

L. Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, fire escapes or other means of communication.

M. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

N. Those which have become so dilapidated, decayed, unsafe or unsanitary that they are unfit for human habitation, occupancy or use, or by reason of structural deficiencies or continued dampness or exposure brought about by neglect or dilapidation are likely to cause sickness or disease or may reasonably be presumed to result in injury to the health, safety or general welfare of those living therein.

O. Those buildings existing in violation of any of the provisions of the Uniform Construction Code, Fire Safety Code or other ordinances of the Township.

[Amended 8-7-2005 by Ord. No. 2005-25]

§ 100-10. Service of notice, complaints or orders.

Complaints, notices or orders issued by the public officer pursuant to this chapter shall be served in the manner set forth in § 1-6C, Service of notice, of this Code. A copy of such complaint, notice or order shall be duly recorded in the office of the Clerk of Burlington County.

§ 100-11. Persons aggrieved by orders; remedy procedures.

Any person aggrieved by an order issued by the public officer shall be entitled to bring an action within 30 days in the Superior Court for injunctive relief, in accordance with the provisions of N.J.S.A. 40:48-2.8.

§ 100-12. Enforcement; powers and authority of public officer.

The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:

A. To investigate building conditions in the Township in order to determine which buildings are unfit for human habitation or use.

B. To administer oaths and affirmations, examine witnesses and receive evidence.

C. Upon complaints, to enter upon premises for the purpose of making examinations; provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the person in possession.

§ 100-13. (Reserved)

Editor’s Note: Former § 100-13, Assistance of Substandard Housing Committee in determining remedy orders, was repealed 7-27-2010 by Ord. No. 2010-10.

§ 100-14. Delegation of duties.

The public officer shall delegate and fix the duties of such officers, agents and employees as he or she deems necessary to assist him or her in carrying out the purpose of this chapter, subject to the confirmation, by resolution, of the Township Council, and to delegate any of his or her functions and powers under this chapter to such officers, agents and employees as he or she may designate.

§ 100-15. Conditions constituting actual and immediate danger.

[Added 8-7-2005 by Ord. No. 2005-25]

If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.

Chapter 102. BULK STORAGE CONTAINERS

[HISTORY: Adopted by the Township Council of the Township of Delran 10-24-2006 by Ord. No. 2006-14. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 257.

Solid waste and recycling — See Ch. 299.

§ 102-1. Bulk storage containers: public property.

No bulk storage container, storage container, storage device, pod, or similar container shall be placed or maintained by any private party in or on any Township property, street or right-of-way.

§ 102-2. Bulk storage containers: private property.

No bulk storage container, storage container, storage device, pod, or similar container shall be placed or maintained on any private property unless it complies with one or more of the following provisions:

A. Such containers may be placed or maintained on a driveway or other suitably paved area for purposes of packing or unpacking goods and materials of the owner or occupant of the property in preparation for or subsequent to moving into or out of the property for a period of not more than 21 consecutive days.

B. Such containers may be placed or maintained on a driveway or other suitably paved area for purposes of storing the goods and materials of the owner or occupant of the property when necessary during renovation or rehabilitation of the structure located on the premises in which the goods or materials would otherwise be located during the period of renovation or rehabilitation and up to 14 days prior to commencement and 14 subsequent to completion of the work but in no event more than a total of four months.

C. Exceptions to these requirements may be granted by the Township Construction Code Official in accordance with the provisions of § 102-5, below.

§ 102-3. Trash dumpsters and roll-off containers.

No trash dumpster, roll-off container, or similar container for trash or debris of any type may be placed or maintained by any private party in or on any Township property, street, or right-of-way except in compliance with the provisions of this chapter. Furthermore, no trash dumpster, roll-off container, or similar container for trash or debris of any type may be placed or maintained on any private property within the Township except in compliance with the provisions of this chapter or in a manner and location as set forth on a duly approved site plan.

§ 102-4. Permits required.

Prior to the placement of any dumpster, roll-off container, pod, storage container or similar container in or on any Township property, street, or right of way, or on any private property (not covered by a duly approved site plan) the owner of the property using the container or person contracting for the use of such container shall apply for and receive a permit from the Township pursuant to the provisions and standards set forth herein.

A. Application for the permit shall be made to the office of the Township Construction Code Official on a form provided by the Township. The application shall require, among other things, the full name, address, and other contact information for both the owner of the container, the person contracting for the use of the container where such person is other than the owner of the property for which the container is to be used, and the owner of the property with which the use of the container is associated. The application shall be accompanied by a permit fee of $25.

B. Any container to be placed on a street or right-of-way shall be placed on the street in a legal parking space, not designated for use as a handicap parking space, as designated by the Township and shall be equipped with appropriate reflectors or other safety markings so that the container will not constitute a hazard to traffic. The Township Police in the exercise of their discretion may direct that additional markings, their location, or nature shall be supplemented or altered if the police determine such actions are necessary for the protection of the motoring public.

C. The owner of the property associated with the use of the container or the contractor arranging use of the container shall provide the Township with satisfactory proof of liability insurance covering any claims or losses for property damage or personal injury resulting from or occasioned by the placement of the container in an amount not less than $250,000.

D. Any permit issued for placement of a container on a street, right of way or other public property shall be valid for a period of 14 days, and sticker or notice shall be prominently displayed on the property associated with the use of the container indicating the commencement and expiration date of the permit.

E. Any container placed on private property shall be placed on a suitable base to assure stability. If in the opinion of the Township Police, the location is sufficiently near to a public vehicular or pedestrian path, the permit may require suitable safety markings as set forth in Subsection B, above.

F. Any permit issued for placement of a container on private property shall be valid for a period of 30 days, and sticker or notice shall be prominently displayed on the property associated with the use of the container indicating the commencement and expiration date of the permit.

G. Upon a showing of continued need for the container (such as during the course of major construction projects), permits may be renewed up to three times for like periods upon application for renewal and payment of a renewal fee of $15.

§ 102-5. Exceptions; variances for further extension of time.

A person applying for a permit under this chapter may apply for an additional extension of time to keep the storage or trash container in place as set forth in this section.

A. Applications for extensions beyond those specified in §§ 102-2 and 102-4 of this chapter shall be made to the Township Construction Code Official or his designee on a form to be provided by the Township. The application shall contain full identifying information regarding the container, permit number, time it has been at the site, and reason for use. The application shall contain a narrative statement of the reason necessary for additional time. The application shall be accompanied by a fee of $25.

B. The application shall be reviewed and a determination made as to whether an additional extension should be granted, and the duration of that extension, within five business days of the filing of a complete application. In considering the application, the Construction Code Official or his designee shall consider the length of time the container has been in place; the reason for the container and the reasonableness of the time allotted under this chapter for completion of that purpose in light of all attendant circumstances; the location of the container with respect to blocking or interfering with the efficient parking or passage of traffic, visual impact, nature of the neighborhood, and similar issues; whether noise, litter, or similar quality of life problems have been associated with the use of the container; whether the delay in completing the work or project for which the container is necessary is beyond the reasonable control of the user of the container; the additional time reasonably necessary to complete the work or project; and such other factors as may be deemed reasonable and appropriate under the circumstances.

§ 102-6. Responsibility.

The person contracting for the use of the container and the owner of the property associated with its use shall be jointly responsible for compliance with the provisions of this chapter. Copies of the penalty provisions of this chapter shall appended to the permit and shall be mailed with a copy of the permit to the owner of the container, the property owner, and any other interested party.

§ 102-7. Violations and penalties.

Violations of this chapter or any conditions of a permit issued pursuant to this chapter shall be subject to a fine of not less than $100 nor more than $250. Each day or portion thereof that a violation continues shall be considered a separate violation. Any storage container, storage device, pod, trash dumpster, roll-off container, or similar container placed or maintained on Township property, streets, or rights-of-way, or left in such a location after expiration of the permit for more than 10 days after the mailing of written notice to the owner of the container, the person contracting for the use of the container, and the owner of the affected property may be removed by the Township at the owner’s expense for removal and storage of the container. Notices to remove pursuant to this section shall be sent by certified mail, return receipt requested, or by personal delivery. Such charge for removal and storage of the container shall be in addition to any fines that my otherwise be imposed pursuant to this section.

§ 102-8. Repealer.

Any and all ordinances inconsistent with the terms of this chapter are hereby repealed to the extent of any such inconsistencies.

§ 102-9. Severability.

The provisions of this chapter are severable. Should any section or portion of this chapter be determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections shall remain in full force and effect.

§ 102-10. Notice; when effective.

The Township Clerk shall provide notice of the adoption of this chapter to all businesses known to be renting or leasing storage containers and trash containers in the Township within 30 days of the adoption of this chapter. This chapter shall become effective 60 days after adoption and publication according to law.

Chapter 118. CONSTRUCTION CODES, UNIFORM

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 14-1 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Division of Inspection — See Ch. 20, Art. XIII.

Unfit buildings — See Ch. 100.

Fees — See Ch. 150.

Fire prevention — See Ch. 162.

Flood damage prevention — See Ch. 167.

Property maintenance — See Ch. 257.

§ 118-1. Enforcing agency established.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The state uniform construction code enforcing agency is the Division of Inspection, as established by Chapter 20, Article XIII, Division of Inspection.

§ 118-2. Appeals.

All appeals shall be handled by the Burlington County Construction Board of Appeals, whose offices are located on Rancocas Road, Mount Holly, New Jersey.

§ 118-3. Fees.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The construction permit fees, and regulations related thereto, are set forth in § 150-6.

§ 118-4. Annual report to Township Council.

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Council annually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act. Editor’s Note: See N.J.S.A. 52:27D-119 et seq.

§ 118-5. Surcharge on new construction.

A. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified, a surcharge fee as set forth in § 150-6A. Such surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due.

B. The enforcing agency shall report annually at the end of each fiscal year to the New Jersey Department of Community Affairs, not later than July 31, the total amount of the surcharge fees collected in the fiscal year.

Chapter 123. CURFEW

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-5 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Peace and good order — See Ch. 235.

§ 123-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

JUVENILE or MINOR: Any person under the age of 18 years.

PARENT: Any person having legal custody of a juvenile as a natural or adopted parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by order of the court.

PUBLIC PLACE: Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation area, public transportation facilities, public building or area.

STREET: A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk, for pedestrian travel. The term “street” shall include the legal right-of-way, including, but not limited to, the cartway or traffic lanes, curb, the sidewalks, whether paved or unpaved, and any grass lots or other grounds found within the legal right-of-way of a street. The term “street” shall apply irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. The term “street” shall also include, for the purposes of this chapter, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.

TIME OF NIGHT: Time of night shall be based upon the prevailing standard of time, whether Eastern standard time or Eastern daylight savings time, generally observed as that hour by the public in the Township, prima facie, time then observed in the Township administrative offices and police headquarters.

§ 123-2. Findings; purpose.

[Amended by Ord. No. 1992-11]

The Township Council hereby determines that curfew is necessary to further the public health, safety, morals and general welfare of the Township and specifically to further the following Township interests:

A. The reduction in the incidence of juvenile criminal activity.

B. The protection of the public from nocturnal mischief by minors.

C. The enforcement of parental control of and responsibility for their children.

D. Protection of the younger children from each other and from other persons on the streets during the nighttime hours.

§ 123-3. Curfew established.

[Amended by Ord. No. 1992-11; Ord. No. 1997-6]

It shall be unlawful for any juvenile under the age of 18 to be or remain in or upon any of the streets, highways, roads, roadways, alleys, parks or other areas or in any quasi-public place or in any other place open to the public in the Township, either on foot or by any form of conveyance, after the hours of 10:30 p.m. and before 5:00 a.m., except on October 30 and October 31, commonly known as Mischief Night and Halloween, when the hours shall be between 10:00 p.m. and 5:00 a.m., and on Fridays and Saturdays, when the hours shall be between 11:59 p.m. and 5:00 a.m., all prevailing time.

§ 123-4. Trick-or-treat hours.

It shall be unlawful for any juvenile to trick-or-treat on October 31, Halloween, after the hour of 9:00 p.m.

§ 123-5. Exceptions.

A person under the age of 18 years shall not be considered in violation of this curfew under the following circumstances:

A. When accompanied by a parent of such juvenile.

B. When accompanied by an adult authorized by a parent of such juvenile to take the parent’s place in accompanying the juvenile for a designated period of time and purpose within a specified area.

C. When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. The juvenile shall evidence the bona fide reason for such exercise by first delivering a written communication to the person designated by the Chief of Police to receive such information at the municipal building. Such communication shall be delivered 24 hours in advance and shall:

(1) Be signed by the juvenile and countersigned by a parent of the juvenile.

(2) Include their home address and telephone number.

(3) Specify when, where and in what manner the juvenile will be on the street at night, during hours when the curfew is otherwise applicable to the minor, in the exercise of the First Amendment rights specified in the communication.

D. In the case of emergency or reasonable necessity for a juvenile to be on the street, the juvenile’s parent shall communicate to the Chief of Police or the person designated by the Chief of Police to receive such notifications, the facts establishing the reasonable necessity or emergency relating to specified streets at a designated time or a described purpose, including points of origin and destination.

E. When the juvenile is on the sidewalk or place where he or she resides, or on the sidewalk of either next door neighbor unless such neighbor communicates an objection to the police officer or to the neighbors.

F. When returning home by a direct route from and within one hour after the termination of a school or Township-sponsored activity, or an activity of a religious or other civic association.

G. When returning home by a direct route from the juvenile’s lawful and gainful employment, provided prior written notice has been filed with the Chief of Police, signed by the juvenile’s parent, identifying the name, address and telephone number of the employer and the usual hours of employment.

H. When the juvenile is, with parental consent, in a motor vehicle for the purpose of direct interstate or intrastate movements along major routes through Delran Township and such travel begins or ends in Delran Township.

§ 123-6. Parental responsibilities.

It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to be or remain upon any Township street or public place under circumstances not constituting an exception to or otherwise beyond the scope of this chapter. The term “knowingly” shall include knowledge which a parent should reasonably be expected to have concerning the whereabouts of the juvenile in that parent’s legal custody. This chapter is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility to an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities, conduct or whereabouts of such juvenile.

§ 123-7. Enforcement procedure.

A. If a police officer reasonably believes that a juvenile is on the streets or public place in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of these provisions and shall require the juvenile to provide his or her name, address and telephone number and information on how to contact his or her parents or guardians. The juvenile shall then be taken to police headquarters where a parent or guardian shall immediately be notified to come for the juvenile. A complete record of the circumstances under which the juvenile was first seen or discovered in the apparent violation of this chapter shall be made. Such record shall include the name and address of the juvenile, the names and addresses of all persons who have any legal or moral obligation for the juvenile’s well-being, and the nature of such obligation, as, for example, parent, guardian or custodian.

B. When a parent or guardian has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall then be released to the custody of such parent.

C. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except that, in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult relative, neighbor or other person who will, on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.

§ 123-8. Citation; warning; violations and penalties.

A. In the case of a first violation by a juvenile, the Chief of Police shall cause a written notice of the violation, with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of parental responsibility and of applicable penalties, to be served upon the juvenile’s parent or legal guardian, either by personal service or by certified mail.

B. If, after the warning notice of a first violation by the juvenile, a parent violates § 123-7 in connection with a second violation by the juvenile, this shall be treated as a first offense by the parent. For the first parental offense, a parent shall be fined $50. For each subsequent offense by a parent, the fine shall be increased by an additional $50, up to $250. The Municipal Judge, upon finding a parent guilty, shall sentence the parent to pay this fine and the costs of prosecution. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Any juvenile who violates any of the provisions of this chapter more than three times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, or his or her designee, may proceed to file such charges with the Burlington County Juvenile and Domestic Relations Court, as he may deem appropriate.

Chapter 134. DRUG-FREE ZONES

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-9 of the 1993 Revised General Ordinances; amended in its entirety 4-6-2005 by Ord. No. 2005-6. Subsequent amendments noted where applicable.]

§ 134-1. Establishment of Map.

A. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the Delran Township Drug-Free Zone Map, prepared by Pennoni Associates and dated March 2005, as same may be amended from time to time, is hereby approved and adopted as an official finding and record of the location and areas within the Township of property which is:

(1) On or within 1,000 feet of any property used for school purposes and which are owned by or leased to any elementary or secondary school or school board; and

(2) On or within 500 feet of any public housing facility, public park, or public building owned or controlled by a state, county or local government unit.

B. The Delran Township Drug-Free Zone Map approved and adopted herein shall constitute an official finding and record of the Township as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes, and on or within 500 feet of any public housing, public park, or public building owned or controlled by a state, county or local government unit until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of such property and drug-free zones.

§ 134-2. Notice of change in boundaries.

Any school board, or the chief administrative officer in the case of any private or parochial school, or the Township Administrator or Chief of Police is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Solicitor of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school board and which is used for school purposes or of any public housing facility, public park, or public building owned or controlled by a state, county or local government unit.

§ 134-3. Copy of Map.

A. The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 134-1 and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file.

B. It is hereby further directed that a true copy of such map and of this chapter shall be provided without cost to the Clerk of Burlington County and to the office of the Burlington County Prosecutor.

§ 134-4. Findings.

A. All of the property depicted on the map approved and adopted herein was used for school purposes and owned or leased to a school or school board, or constitutes public housing facilities, public parks, or public buildings as defined in N.J.S.A. 2C:35-7 and 2C:35-7.1 as of March 2005, as shown on the map.

B. All of the requirements set forth in N.J.S.A. 2C:35-7 and 2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free Zone Map have been complied with.

Chapter 150. FEES

[HISTORY: Adopted by the Township Council of the Township of Delran as Ch. III of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Licensing — See Ch. 203.

§ 150-1. Title.

This chapter shall be known as the “Codification of Fees and Costs of the Township of Delran.”

§ 150-2. Purpose.

This chapter is adopted in order to advise the citizens of the Township and any and all persons doing business with the Township of the various fees charged for services rendered by the departments of Township government and to provide ready access to any and all such information.

§ 150-3. Township Clerk.

A. Licenses and permits. The following fees shall be charged by the Township for services rendered or licenses or permits issued. All license and permit fees shall be annual, unless otherwise noted.

[Amended by Ord. No. 1994-16; Ord. No. 1998-7; 8-7-2005 by Ord. No. 2005-25; 7-24-2007 by Ord. No. 2007-10]

Type of Service, License or Permit			Fee	Code Reference
Alarm systems			None	65-8
Amusement games			See § 76-10
Amusement park license			See § 76-10
Animals: cats and dogs
	Cat licenses:			80-2E
		Neutered or spayed	$13
		All others	$14
	Dog licenses:			80-2E
		Neutered or spayed	$12.80
		All others	$13.80
	Kennel license:			80-3E
		10 or fewer	$10
		More than 10	$25
	Pet shop license		$10	80-3E
	Late fee, after January 31st		$5	80-2E
	Late fee, after February 28th		$10	80-2E
	Seized dog or cat			80-7D(2)
	Tag, annual or replacement		$1	80-2H
Billiard rooms and poolrooms			$500	246-3
Bingo and raffles			No charge	Ch. 176
CATV franchise			None	A370-6
Charitable solicitations			No charge	240-24
Gold and silver dealers				252-4
	Application fee		$35
	Each employee		$10
	Annual		$10
	Annual, each employee		$10
Mechanical amusement devices:				76-20
	Distributors of amusement games:
		1 – 10	$225
		11 – 20	$400
		21 – 30	$500
		31 – 40	$600
		41 – 50	$700
		More than 50	$1,500
	Operator’s license, annually		$75
	Late fee		$50
Mercantile licenses				203-4
	Automobile sales agency, franchised		$100
	Marinas		$100
	Recreation facility, outdoor		$50
	Service stations:
		With bays	$100
		Fuel only	$75
	Used car lots		$75
	Others, according to square feet of floor space:
		Up to 4,999	$40
		5,000 – 14,999	$75
		15,000 – 29,999	$150
		30,000 – 49,999	$300
		50,000 and over	$500
		Late fee	$50
Parades			$200	226-3D
Peddlers, hawkers, canvassers and solicitors:
	License processing fee:			240-3
		Per year	$100
		Per day	$25
	Badge deposit		$1
Salvage yards			None	274-4A
Sexually oriented business			$1,000	285-6
Taxicab licenses:
	Application fee		$10	317-2B(3)
	Driver’s permit, each		$10	317-3C(3)
	Taxicab license, each		$50	317-2B(3)
	Transfer fee		$1	317-2E(2)
	Limousine permit, each		$50	317-2B(3)

B. Alcoholic beverages.

[Amended 3-23-2004 by Ord. No. 2004-4 Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). ]

Type of License	Fee	Code Reference
Club license	$150	71-5D
Plenary retail consumption license	$2,400*	71-5D
Plenary retail distribution license	$2,400*	71-5D

* The annual fee for plenary retail consumption licenses and plenary retail distribution licenses shall automatically increase each renewal date thereafter by 20%, rounded off to the lowest five-dollar amount, until such time as the statutory maximum is reached.

C. Use of Township facilities. Code reference: §§ 20-45C and 231-6.

§ 150-4. Department of Health.

[Amended by Ord. No. 1994-16; 8-24-2004 by Ord. No. 2004-16 Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). ]

A. Food handler’s license.

(1) Fees shall be as follows:

(a) Nonseating establishments wherein are employed not more than nine employees shall pay an annual fee of $25.

(b) Nonseating establishments wherein are employed more than nine employees shall pay an annual fee of $50.

(d) Seating establishments having a total seating capacity for more than 19 persons and not more than 49 persons shall pay a fee of $75.

(e) Seating establishments having a total seating capacity for more than 49 persons and not more than 99 persons shall pay a fee of $100.

(f) Seating establishments having a total seating capacity for more than 99 persons shall pay a fee computed on the basis of $100 plus, for total seating capacity in excess of 99, the sum of $0.50 per seat.

(g) Drive-in establishments shall pay a fee in accordance with the foregoing fees as the same are set forth for seating establishments. Each slot for parking shall be considered to be two seats.

(h) Mobile establishments shall pay a fee of $15 for each facility from which food is sold in the Township of Delran.

(i) Industrial establishments shall pay a fee of $25.

(j) Catering establishments (having applied for the license provided for in the Board of Health ordinance).

[1] Catering establishments shall pay an annual license fee of $100, subject to the option contained in the following subsection.

[2] Catering establishments which are engaged or which engage themselves in the business of catering on not more than three occasions annually, and catering establishments whose business premises are not located in the Township of Delran and which are engaged or which engage themselves for catering in the Township of Delran not more than three times annually, having applied for the license provided for in, shall pay, for each such license issued, the sum of $20.

(2) Charitable, religious and educational nonprofit corporations, associations and institutions shall be exempt from the payment of the foregoing fees.

(3) Late fee: $50.

B. Food and beverage vending machines.

	Type of Fee	Fee
	Per machine	$25
	Late fee	$50

C. Vital statistics. For searching, certifying, and issuing the first certified copy of a death, marriage, domestic partnership, or birth certificate, the Registrar of Vital Statistics shall collect a fee of $8. For each additional copy ordered at the same time, the Registrar shall collect $5 per copy. For all certificates issued which will require the exclusion certain information as set forth in N.J.S.A. 47:1A-1.1, the Registrar shall collect a flat fee of $8 per certificate.

§ 150-5. Police Department; Municipal Court discovery.

[Amended by Ord. No. 1994-16; Ord. No. 1996-2; 8-24-2004 by Ord. No. 2004-16; 2-16-2005 by Ord. No. 2005-4; 8-7-2005 by Ord. No. 2005-25]

A. The Township shall be entitled to charge and collect a fee for the reproduction of copies of written reports or other police investigation reports, including accident reports, of the Township Police Department, available to the public, in accordance with the costs established under N.J.S.A. 47:1A-5 et seq., as amended, and § 150-9 of this Code. Requests for accident reports made other than in person shall be charged $5 for the first three pages and $1 per page for each additional page thereafter, pursuant to N.J.S.A. 39:4-131.

B. In accord with § 150-9 of this Code, applicable postage shall be added for any and all records requested by mail. All requests for discovery in matters pending in the Delran Municipal Court shall be submitted through the Municipal Prosecutor in compliance with the requirements of R.7:7-7 of the Rules Governing the Courts of the State of New Jersey.

C. Where discovery must be obtained from an entity other than Delran Township, the actual cost paid to the other entity shall be paid by the requesting party.

D. In addition to the foregoing, the following charges shall be imposed:

(1) Fingerprint check: $10.

(2) Application for firearms I.D. in addition to state and FBI fees: $5.

(3) Application for permit to carry handgun, each: $2.

§ 150-6. Uniform construction code.

[Amended Ord. No. 1991-1; Ord. No. 1994-20; Ord. No. 1995-8; Ord. No. 1996-1; Ord. No. 1996-14; Ord. No. 2001-1; Ord. No. 2002-4; 4-6-2005 by Ord. No. 2005-5; 8-7-2005 by Ord. No. 2005-25; 6-26-2007 by Ord. No. 2007-9; 12-16-2009 by Ord. No. 2009-24]

A. The basic construction fee shall be the sum of the parts computed on the basis of the volume or cost of construction; the number of plumbing fixtures and pieces of equipment; the number of electrical fixtures and devices; the number of sprinklers, standpipes and detectors (heat and smoke); the number of lift devices and their appurtenances; and shall be calculated at the unit rates provided herein plus any special fees. The fee for plan review shall be 20% of the amount to be charged for a new construction permit. Plan review fees are not refundable. The minimum fee for a basic construction permit covering any or all of building, electrical, plumbing, fire protection or elevator / lift / escalator work shall not be less than $55 for each subcode. All fees shall be rounded to the nearest dollar and paid in full prior to the issuance of a construction permit.

(1) The building volume or cost. The fees for new construction or alterations are as follows:

(a) Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The construction fee shall be in the amount of $0.055 per cubic foot of volume for structures of all types of construction and use groups as classified and defined in Chapter 3 and Chapter 4 of the International Building Code, except that:

[1] For structures of Use Groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and S-2, the construction fee shall be in the amount of $0.035 per cubic foot of volume; and

[2] Fees for renovations, alterations and repairs or site construction associated with pre-engineered systems of commercial farm buildings, premanufactured construction, and the external utility connection for premanufactured construction shall be based upon the estimated cost of the work. The fee shall be in the amount of $28 per $1,000 for the first $50,000, prorated. From $50,001 to and including $100,000, the fee on the amount exceeding $50,000 shall be in the amount of $23 per $1,000 of the estimated cost, prorated. Above $100,000, the fee on the amount exceeding $100,000 shall be in the amount of $19 per $1,000 of estimated cost, prorated. For the purpose of determining estimated cost, the applicant shall submit to the Department such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor’s bid, if available, shall be submitted. The Department shall make the final decision regarding estimated cost.

(b) Fees for additions shall be computed on the same basis as for new construction for the added portion.

(c) Fees for combination renovations and additions shall be computed as the sum of the fees calculated separately in accordance with Subsection A(1)(a)[1] and [2] above.

(d) Fees for modular homes shall be a flat fee of $300.

(e) Fees for mobile homes shall be a flat fee of $300.

(f) Fees for temporary structures shall be as follows:

[1] Garden-type utility sheds which are 100 square feet or less, 10 feet or less in height for residential (R-3, R-5) properties are not required to have a construction permit. All other use groups are required to obtain a permit and pay a flat fee of $60.

[2] Garden-type utility sheds which are larger than 100 square feet, but not more than 200 square feet, 10 feet in height for residential (R-3, R-5) properties shall be a flat fee of $60. All other use groups shall be a flat fee of $100.

[3] The fee for fabric shelters, sheds, or accessory structures of Use Group U larger than 200 square feet, or more than 10 feet in height shall be calculated as in Subsection A(1)(a) above but shall not be less than $125 for all use groups.

(g) Fees for tents 1,600 square feet or larger or more than 40 feet in any one direction shall be a flat fee of $90.

(h) Fees for fences higher than six feet shall be a flat fee of $50 for Use Groups R-3 and R-5. All other use groups shall be calculated as per Subsection A(1)(a)[2] above.

(i) Fees for signs 15 square feet or less per side shall be a flat fee of $20. Signs larger than 15 square feet per side shall be calculated at the rate of $3 per square foot of the sign computed on one side only, but shall not be less than $90. Fees for temporary signs shall be a flat fee of $60.

(j) The fee for a storable swimming pool, fish pond or similar structure shall be a flat fee of $50.

(k) Fees for swimming pools above ground and not more than four feet six inches in depth shall be a flat fee of $120.

(l) Fees for swimming pools other than those covered in Subsection A(1)(k) above shall be a flat fee of $175.

(m) Fees for reroofing or residing on structures of Use Groups R-3 and R-5 shall be a flat fee of $55 each. All other use groups shall be calculated as per Subsection A(1)(a)[2] above.

(n) Fuel oil storage tanks. The fee for removal of an R-3 or R-5 Use Group storage tank shall be $50; all other tank removals shall be $90. The fee for installation of a storage tank shall be $300, except that use groups R-3 and R-5 shall be a flat fee of $55.

(o) The fee for a demolition permit shall be $55 for temporary structures less than 100 square feet and less than 10 feet in height. All other demolition permits for temporary structures shall be $55.

(p) The fee for a demolition permit shall be $150 for a structure less than 5,000 square feet in area and less than 30 feet in height as well as farm buildings, including commercial farm buildings under N.J.A.C. 5:23-3.2(d). For all other structures, the fee shall be $300.

(q) The fee for the demolition of a pool shall be $55.

(r) Fees for retaining walls shall be as follows:

[1] The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $189.

[2] The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $95.

[3] The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction.

(2) Electrical fixtures and devices. The fee shall be as follows:

(a) For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $45; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $8. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less, including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).

(b) For each motor or electrical device rated from one hp or one kw to 10 hp or 10 kw; for each transformer or generator rated from one kw or one kva to 10 kw or 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydromassage bathtub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16 kw; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for light standards greater than eight feet in height including luminaries; and for each communications closet; the fee shall be $13.

(c) For each motor or electrical device rated from greater than 10 hp or 10 kw to 50 hp or 50 kw; for each service equipment, panel board, switchboard, switch gear, motor control center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes, including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $58.

(d) For each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw; for each service equipment, panel board, switchboard, switch gear, motor control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and for each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva; the fee shall be $116.

(e) For each motor or electrical device rated greater than 100 hp or 100 kw; for each service equipment, panel board, switchboard, switch gear, motor control center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator rated greater than 112.5 kw or 112.5 kva; the fee shall be $576.

(f) The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $69, which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panel boards and underwater lighting fixtures and rating of electrical devices involved in accordance with Subsection A(2)(a) through (e) above.

(g) The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $29 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection A(2)(a) and (b) above.

(h) For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panel boards shall be charged in accordance with Subsection A(2)(c), (d), or (e) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.

(i) For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.

(j) For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:

[1] Two hundred twenty-five amperes or less: $58;

[2] Two hundred twenty-six to 1,000 amperes, the fee shall be $116; and

[3] Greater than 1,000 amperes: the fee shall be $576.

(k) The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.

(l) For the purpose of computing these fees, all electrical and communications devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in type, shall be counted.

(m) For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:

[1] One to 50 kilowatts: $58;

[2] Fifty-one to 100 kilowatts: $116; and

[3] Greater than 100 kilowatts: $576.

(3) Plumbing fixtures and equipment. The fees shall be as follows:

(a) The fee shall be in the amount of $13 per fixture, piece of equipment or appliance connected to the plumbing system, and for each appliance connected to the gas piping or oil piping system, except as indicated in Subsection A(3)(b) below.

(b) The fee shall be $82 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections, backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot-water boilers (excluding those for domestic water heating), active solar systems, sewer pumps and interceptors. There shall be no inspection fee charged for gas service entrances.

(4) For fire protection and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat or carbon monoxide), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums, the fee shall be as follows:

(a) The fee for 20 or fewer heads shall be $82; for 21 to and including 100 heads, the fee shall be $151; for 101 to and including 200 heads, the fee shall be $289; for 201 to and including 400 heads, the fee shall be $748; for 401 to and including 1,000 heads, the fee shall be $1,036; for over 1,000 heads, the fee shall be $1,323.

(b) The fee for one to 12 detectors shall be $45; for each 25 detectors in addition to this, the fee shall be in the amount of $15.

(d) The fee for each independent pre-engineered system shall be $116.

(e) The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $58.

(f) The fee for each kitchen exhaust system shall be $58.

(g) The fee for each incinerator shall be $460.

(h) The fee for each crematorium shall be $460.

(i) For single and multiple station smoke or heat detectors and fire alarm systems in any one- or two-family dwellings, there shall be a flat fee of $29 per dwelling unit. For detectors and fire alarm systems in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection A(4)(b) above.

(5) The fee for plan review for elevator devices in structures of Group R-3, R-4, or R-5, and for elevator devices wholly within dwelling units in structures of Group R-2 shall be $63 for each device.

(6) The fee for plan review for elevator devices in structures of groups other than R-3, R-4 or R-5 and devices in structures of Group R-2 exempted by Subsection A(5) above shall be $328 for each device.

(7) The fees for elevator device inspections and tests shall be as set forth in N.J.A.C. 5:23-12.

(8) The fee for a mechanical inspection in a structure of Group R-3 or R-5 by a mechanical inspector shall be $54 for the first device and $13 for each additional device. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected.

(9) For certificates and miscellaneous items, the fees are as follows:

(a) The fee for a certificate of occupancy shall be a flat fee of $35.

(b) There shall be no fee for a certificate of approval.

(d) The fee for a certificate of continued occupancy shall be a flat fee of $150.

(e) There shall be a fee for a temporary certificate of occupancy of $35 and $35 for each issuance thereafter.

[1] Exception 1: There shall be no fee for the first issuance of the temporary certificate of occupancy, provided the certificate of occupancy fee is paid at the time when the permit is first issued.

[2] Exception 2: Where a written request for a temporary certificate of occupancy is made for reasons other than uncompleted work covered by the permit (such as uncompleted work required by prior approvals from state or municipal agencies), no renewal fee shall be charged.

(f) The fee for a plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $345 for one- and two-family homes (Use Group R-3 and R-5) as well as light commercial structures having the indoor temperature controlled from a single point. For all other structures, the fee shall be $1,725.

(g) For cross connections and backflow preventers that are subject to testing, requiring reinspection annually, the fee shall be $58 for each device when they are tested.

(h) The fee for a permit for lead-hazard-abatement work shall be $150. The fee for a lead-abatement clearance certificate shall be $35.

(i) The fee for a permit for asbestos-hazard-abatement work shall be $150. The fee for an asbestos-related certificate of occupancy shall be $35.

(j) The fee for the annual electrical inspection of swimming pools, spas or hot tubs shall be $60.

(k) The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $750 for Class I structures, and $250 for Class II structures, and $100 for Class III structures. The fee for resubmission of an application for a variation shall be $200 for a Class I structure, $60 for a Class II structure and $30 for a Class III structure.

(l) Hourly charges and fees for development-wide inspection of homes after issuance of a certificate of occupancy shall be in such amount as may be reasonable and necessary in order to ascertain whether a violation exists or to verify that any work performed has abated the violation. The hourly fee shall not exceed four times the hourly rate of pay for the Construction Official or any of the subcode officials or inspectors involved in determining whether a violation exists or verifying that any work performed has abated the violations.

(m) In addition to the fees specified above, a surcharge fee of $0.00334 per cubic foot of volume shall be charged for new construction or additions, and a surcharge fee of $1.70 for alterations, renovations and repairs. The surcharges shall be collected for training, certification and technical support programs as required by the Uniform Construction Code Act. Editor’s Note: See N.J.S.A. 52:27D-119.

B. The Construction Official shall determine the fee(s) for special services and/or conditions not specifically provided for in Subsection A above. Additionally, the Construction Official shall, with the advice of the subcode officials, prepare and submit to the Council biannually a report recommending a fee schedule based on the operating expenses of the enforcing agency and any other expense of the State Uniform Construction Code Act. Editor’s Note: See N.J.S.A. 52:27D-119.

C. The local enforcing agency fee schedule for the various subcodes shall be deleted and the current state fee schedule inserted in its place in the event that the work is contracted for by a third-party agency. In addition to the state (D.C.A.) fees, an administrative surcharge of 15% shall be added thereto.

D. Waiver of fees.

(1) In the case of construction by the Township of Delran, Delran Board of Education, the Delran Fire Department, the Delran Sewer Authority and the Delran Emergency Squad, all construction, inspection, plan review or other fees of whatever nature set forth in this chapter may be waived by the Construction Official. The waiver of such fees is limited to the fees which represent income to the Township of Delran; such a waiver shall not include payments to third-party inspection agencies or other fees that are mandated by the State of New Jersey.

(2) Such waiver as set forth in Subsection D(1) above shall be effectuated by request, in writing, to the Construction Official. The Construction Official shall give that waiver once satisfied that the request is consistent with the terms of this section.

(3) No fee shall be collected for work that may be required on a primary structure located on any lot or premises consequential to a natural disaster.

§ 150-7. Fire safety.

[Amended by Ord. No. 1998-8; Ord. No. 2003-12]

A. The fees for non-life-hazard use inspections for business establishments shall be as follows:

	Gross Floor Area (square feet)	Annual Fee
	Less than 1,000	$20
	1,000 to 1,999	$23
	2,000 to 2,999	$26
	3,000 to 3,999	$29
	4,000 to 4,999	$32
	5,000 to 5,999	$35
	6,000 to 6,999	$38
	7,000 to 7,999	$41
	8,000 to 8,999	$44
	9,000 to 9,999	$47
	10,000 to 10,999	$50
	11,000 to 11,999	$53
	12,000 or more	$56

B. The fees for smoke detection inspections in R-2 common areas (house, apartment or other common area) shall be $20.

C. The fees for fire investigation report shall be $10.

D. The fees for certificates of fire code status shall be $35.

E. The fees for permits are as follows:

	Type	Fee
	Type 1	$35
	Type 2	$138
	Type 3	$276
	Type 4	$414

§ 150-8. Land development.

[Amended by Ord. No. 2001-3; 8-7-2005 by Ord. No. 2005-25]

A. Planning Board.

	Fee	Code Reference
Minor subdivision filing fee	$250	310-7B
Major subdivision: sketch plat filing fee	$1,000	310-14, 310-15
Minor site plan filing fee	$500
Major site plan filing fee	$1,000
Conditional use or change in use application filing fee	$200	37-27
Certified list of property owners within 200 feet	$0.25 per name or $10, whichever is greater	37-31
Concept plan review or informal review filing fee	$150	37-27

B. Zoning Board of Adjustment.

		Fee	Code Reference
Variances:			37-27
	Sign application, oversize sign, filing fee	$300
	Use variance, filing fee	$500
	Variance other than a use or sign variance, filing fee	$200
Certified list of property owners within 200 feet		$0.25 per name or $10, whichever is greater	37-31
Appeal made from the decision of an administrative officer or Zoning Officer in the enforcement of Chapter 355, Zoning, filing fee		$150	37-27
Requests for interpretation of Chapter 355, Zoning, or the Zoning Map or other permitted special questions, filing fee		$200	37-27
Zoning permit		$25	37-40
Certificate of conformance		$25	37-41
Application for a certificate on nonconforming use before the Zoning Board		$150
Request for an extension of an approval		$150

C. Soil moving. Code reference: § 37-27.

(1) Application fee: $200.

(2) Escrow deposit: $300.

D. Flood damage prevention.

	Fee	Code Reference
Development permit	None	Ch. 167
Permit, review	None	Ch. 167
Variance	None	Ch. 167
Appeals	None	Ch. 167
Inspections	None	Ch. 167

E. Escrows.

[Amended 3-27-2007 by Ord. No. 2007-4]

			Fee	Code Reference
Minor subdivision			$1,000	310-7B
Major subdivision:				37-27
Sketch plat:
	Per lot		$50
	Minimum		$2,500
Site plan:			$300	37-27
	Commercial/industrial development application not involving structures:
		1 – 3 lots and/or units	$3,500
		Over 3 lots and/or units	$5,000
	Commercial/industrial development application involving structures with a total floor plan area of:
		1 – 1,249 sq. ft.	$1,000
		1,250 – 2,499 sq. ft.	$2,000
		2,500 – 9,999 sq. ft.	$3,000
		10,000 – 19,999 sq. ft.	$4,000
		Over 20,000 sq. ft.	$5,000
Conditional use or change in use application			$500
Variance:				37-27
	Use variance		$1,250
	Sign variance		$1,000
	Other than a use or sign variance		$250
Interpretation of Chapter 355, Zoning			$500	37-27
Concept plan review or informal review of subdivision or site plans			$500	37-27
Appeal made from the decision of an administrative officer or the Zoning Officer in the enforcement of Chapter 355, Zoning			$250
Application for a certificate on nonconforming use before the Zoning Board			$250
Request for an extension of an appeal			$250

F. Billboards. The fee for a billboard permit is $50.

G. Tree removal permit (§ 328-7A). The fee for a permit for tree removal is $50.

H. Home occupations [§§ 355-10D(16), 355-15D(16) and 355-20E(16)]. The fee for the registration of a home occupation is $25.

§ 150-9. Copies of documents.

[Amended by Ord. No. 2002-15; 8-7-2005 by Ord. No. 2005-25]

Item		Fee
Land Use Ordinances		$20
Zoning Map, 24 inches by 36 inches		$2
Other documents:
	1st to 10th page, each	$0.75
	11th to 20th page, each	$0.50
	Each page over 20	$0.25
Mailing charge		Per meter reading

§ 150-10. Street openings; deposits required; inspection fee.

[Amended by Ord. No. 1997-3; 10-25-2011 by Ord. No. 2011-19]

Area of Patch (square yard)	6-Inch Stabilized Base and 2-Inch FABC	4-Inch Stabilized Base and 2-Inch FABC
Less than 5	$75, plus $48 per square yard	$75, plus $36 per square yard
Between 5 and 20	$300, plus $39 per square yard (greater than 5)	$300, plus $30 per square yard (greater than 5)
Over 20	$810, plus $36 per square yard (greater than 20)	$810, plus $27 per square yard (greater than 20)
A deposit shall be required in the amount of $10 per square foot of sidewalk that is proposed to be replaced.
A deposit shall be required in the amount of $25 per linear foot of concrete curbing that is to be replaced.
In addition to the above fees, there shall be a nonrefundable cash inspection fee of $500, or 5% of deposit, whichever is greater.

§ 150-11. Tax Collector.

[Added 8-24-2004 by Ord. No. 2004-16]

The Tax Collector shall be entitled to charge and collect a fee of $30 for certifying and preparing a certificate of redemption for redeemed liens and $100 for a duplicate tax sale certificate.

§ 150-12. Affordable housing development fees.

[Added by Ord. No. 1999-8]

A. Short title. This section shall be known and may be cited as the “Affordable Housing Development Fee Ordinance of Delran Township.”

B. Purpose. In Holmdel Builder’s Ass’n v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq. and the State Constitution subject to the Council on Affordable Housing’s (COAH) developing rules. The purpose of this section is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH’s rules. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH’s rules on development fees.

C. Residential development fees.

[Amended 4-6-2005 by Ord. No. 2005-7]

(1) In accordance with N.J.A.C. 5:94-6.6(a) and (b) of COAH’s “Substantive Rules,” all new development of residential dwelling units within the Township of Delran, not exempt from the collection of development fees in accordance with the provisions specified in Subsection E of this section, as amended, shall pay to Delran Township 1.0% of the equalized assessed value of each housing unit, provided no increased density is permitted.

(2) In the event that an increase in residential density is permitted pursuant to N.J.S.A. 40:55D-70d(5) (known as a “d” variance), the fee shall increase to 6.0% of the equalized assessed value for each additional unit that is realized, for each additional rental unit. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

D. Nonresidential development fees.

[Amended 4-6-2005 by Ord. No. 2005-7]

(1) In accordance with N.J.A.C. 5:94-6.7(a) and (b) of COAH’s “Substantive Rules,” all new development of nonresidential buildings and structures, not exempt from the collection of development fees in accordance with the provisions specified in Subsection E of this section, as amended, shall pay a fee to Delran Township of 2.0% of the equalized assessed value for nonresidential development.

(2) In the event that an increase in floor area is permitted pursuant to N.J.S.A. 40:55D-70d(4) (known as a “d” variance), the fee shall increase to 6.0% on the additional floor area realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.

E. Eligible exaction; ineligible exaction; and exemptions.

(1) Except as provided for in N.J.A.C. 5:93-8.10, inclusionary developments shall be exempt from development fees.

(2) Developers that expand existing nonresidential improvements and structures shall pay a development fee. The development fee shall be calculated based on the increase in equalized assessed value of the improvement or structure.

(3) Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.

(4) Religious organizations that engage in construction activities for religious purposes shall be exempt from paying development fees.

F. Collection of fees.

(1) Developers shall pay 50% of the calculated development fee to Delran Township at the issuance of building permits. The development fee shall be estimated by the Tax Assessor prior to the issuance of building permits.

(2) Developers shall pay the remaining fee to Delran Township at the issuance of certificates of occupancy. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at certificate of occupancy and the amount paid at the issuance of building permit.

(3) Development fees that are challenged shall be placed in an interest-bearing escrow account by the municipality. If all or a portion of the contested fees are returned to the developer, the accrued interest in the returned amount shall also be returned.

G. Housing Trust Fund.

(1) There is hereby created an interest-bearing trust fund account with Commerce Bank for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section shall be deposited in this fund. No money shall be expended from the Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH or the Superior Court, as the case may be.

(2) If COAH or the Superior Court (as the case may be) determines that Delran Township is not in compliance with COAH’s rules on development fees, COAH or the court is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended. Such authorization is pursuant to this section, COAH’s rules on development fees and the written authorization from the governing body to Commerce Bank.

H. Use of funds.

(1) Money deposited in a Housing Trust Fund may be used for any activity approved by COAH or the Superior Court (as the case may be) for addressing Delran Township’s low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to, housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of roads and infrastructure to low- and moderate-housing sites; and/or assistance designed to render units more affordable to low- and moderate-income households and administrative costs necessary to implement Delran Township’s housing element. The expenditure of all money shall conform to a spending plan approved by COAH and/or the Superior Court.

(2) At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, downpayment assistance, low-interest loans and rental assistance.

(3) No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include personnel, consultant services, space costs, consumable supplies and rental or purchase equipment.

(4) Development fee revenues shall not be expended to reimburse Delran Township for housing activities that preceded substantive certification by COAH or the issuance of a final order of repose by the Superior Court. Development fees may be used to reimburse the Township for the outlay of funds or bonding for current housing activities prior to the collection of development fees.

I. Expiration. This section shall expire if:

[Amended 4-6-2005 by Ord. No. 2005-7]

(1) The Superior Court or COAH fails to approve Delran Township’s Housing Element and Fair Share Plan.

(2) The Superior Court enters an order barring Delran Township from collecting development fees.

(3) The Superior Court disapproves this section.

§ 150-13. Reproduction of public records.

Editor’s Note: See also Ch. 20, Art. XXIX, Public Records.

[Added 8-24-2004 by Ord. No. 2004-16]

A. For the following items where, due to the nature, format, manner of collation, or volume of a government record, it cannot be reproduced by ordinary document copying equipment in ordinary business sizes, the following charges shall apply, which shall not exceed the actual direct cost to the Township. In addition, and in appropriate circumstances, the Township may collect a special service charge as permitted by N.J.S.A. 47:1A-5c, as set forth below:

(1) Photographs (35mm film or other standard format): up to $1 per print.

(2) Polaroid prints: up to $2 per print.

(3) Videotapes: up to $27 per videotape.

(4) Standard audio cassettes: up to $5 per cassette tape.

(5) Audio cassettes of meeting (requiring reproduction by outside agency): $60 per cassette tape.

(6) Compact discs: up to $40 per disk.

(7) Township Street Map: up to $6 per map.

(8) Township Zoning Map: up to $6 per map.

(9) Zoning Ordinance books: up to $37, plus copies of amendments at the rate set forth in § 150-9, Copies of documents.

(10) Master Plan: up to $55, plus copies of amendments at the rates set forth in § 150-9, Copies of documents.

(11) Tax Maps: copies of certain pages or portions of the map at $4 per sheet, provided that copies for a complete set of Tax Maps shall be provided by Engineer’s office, through the office of the Township Clerk, at a rate of up to $550.

(12) Site plan, maps or blueprints: up to $12 per page.

(13) Drug-Free Zone Map:

[Added 8-17-2005 by Ord. No. 2005-24]

(a) Size 11 inches by 17 inches, color: $15/copy.

(b) Size 24 inches by 36 inches, color: $50/copy.

B. A special service charge shall be imposed, in addition to the actual cost of duplicating the record, where the nature, manner of collation, or volume of printed matter is such that it cannot be reproduced by ordinary document copying equipment in ordinary business size or where such record involves an extraordinary expenditure of time and effort to accommodate the request. The requestor shall have the opportunity to review and object to the special service charge prior to it being incurred.

C. Wherever the phrase “up to” is used in Subsection A, the figure stated shall be the maximum charge. The actual charge shall be based upon the cost to the Township of providing the material.

[Added 2-16-2005 by Ord. No. 2005-4]

§ 150-14. Department of Public Works and Public Property.

[Added 10-27-2009 by Ord. No. 2009-18]

A. Tire disposal.

(1) Restriction. Tires are not included in curbside trash pickup and will not be collected.

(2) Fees.

(a) Passenger vehicle tires: $2 per tire;

(b) Passenger vehicle tires with rim: $3 per tire/rim;

(d) Light truck and sport utility vehicle tires with rim: $7 per tire/rim.

B. Tree stump removal.

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

STUMP: A small remaining portion of a cut or felled tree that consists of a short section of the trunk attached to the roots.

(2) Limitation. For the purpose of establishing the stump removal fee, the size of a stump shall have a maximum of a twelve-inch-diameter trunk that is no greater than 2 1/2 feet in length, with a root mass area of 20 square feet. The length of the stump shall exclude the root mass.

(3) Fees. Stumps can be picked up by the Department of Public Works and Public Property for a fee of $25 per stump.

§ 150-15. Website fees.

[Added 11-23-2010 by Ord. No. 2010-21]

A. General. This section will allow the Township to charge a fee described herein allowing entities to advertise using banners on the Township Website.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ENTITIES: Shall include businesses, civic organizations, associations, and others.

BANNERS: Border banners which advertise the entity that has so requested a banner on the Township Website.

SEASONAL BUSINESSES: Any entity which operates less than ten months a year.

C. Fees. All border banners to placed on the Township Website shall so be placed subject to a five-hundred-dollar annual fee. Fees shall be paid to the Administrative Department, whose charge it is to regulate these advertising banners.

D. Banner frequency. Banners shall appear on the website at a frequency to be designated by the Administrative Department of Delran. The frequency shall likewise be determined by the number of entities applying for advertising space in a given month.

E. Seasonal businesses. Seasonal businesses shall be required to pay the same five-hundred-dollar fee as is required by nonseasonal businesses. Seasonal businesses, however, shall have their border banners appear with an increased frequency proportionate to the months in which they operate (e.g., businesses open six months a year shall appear twice as often).

F. Banner regulation. All banners which are to be placed on the Township Website shall be subject to the approval of the Administrative Department with respect to size, form, and content.

§ 150-16. Sanitary sewerage service.

[Added 4-6-2011 by Ord. No. 2011-6]

A. Metered services: minimum fees. Service charges for all ratepayers served by a public water utility are based on water usage as measured by the ratepayer’s water meter. The annual charge to ratepayers with metered water service is based on the ratepayer’s water meter readings for January, February and March of the previous calendar year. The water usage experience of these three months is attributed to all four quarters of the billing year, resulting in four quarterly charges. Ratepayers with metered water service will be charged a minimum quarterly fee which will apply to all levels of water usage up to 10,000 gallons per quarter. For every additional 1,000 gallons or any part thereof, excess consumption fees will be charged.

(1) Residential users.

(a) The minimum quarterly fee for residential units with individual water meters is $102.75. This rate applies to ratepayers whose total water consumption in January, February and March of the previous calendar year ranged from 0 to 10,000 gallons.

(b) Ratepayers who used more than 10,000 gallons in January, February and March of the previous calendar year will be charged $102.75, the minimum quarterly fee for the first 10,000 gallons used, plus an excess consumption fee for each additional 1,000 gallons or any part thereof.

(2) Residential users in other municipalities.

(a) The minimum quarterly fee for residential units in other municipalities with individual water meters is $163.95. This rate applies to users whose total water consumption in January, February and March of the previous calendar year ranged from 0 to 10,000 gallons.

(b) Residential users who used more than 10,000 gallons in January, February and March of the previous calendar year will be charged $163.95, the minimum quarterly fee for the first 10,000 gallons used, plus an excess consumption fee for each additional 1,000 gallons or any part thereof. Minimum fees for residential users in other municipalities will be billed to and payable by the municipality and not the residents.

(3) Multiple dwelling unit residential users.

(a) The minimum quarterly charge for multiple-dwelling-unit residential structures serviced through a single water meter shall be determined by multiplying the number of dwelling units in the structure by $102.75.

(b) The foregoing fee will apply when the total water consumed in January, February and March of the previous calendar year is equal to or less than 10,000 gallons multiplied by the number of dwelling units serviced through the single water meter.

(c) When the amount of water consumed in January, February and March of the previous calendar year exceeds the product of 10,000 gallons and the number of dwelling units serviced through the single water meter, the ratepayer will pay the minimum quarterly fee as calculated in Subsection A(1), plus an excess consumption fee for each additional 1,000 gallons or any part thereof.

(4) Single commercial and industrial users.

(a) The minimum quarterly fee for all nonresidential users served by individual water meters is $179.20. This rate applies to ratepayers whose total water consumption in January, February and March of the previous calendar year ranged from 0 to 10,000.

(b) Ratepayers who used more than 10,000 gallons in January, February and March of the previous calendar year will be charged $179.20, the minimum quarterly fee for the first 10,000 gallons used, plus an excess consumption fee for each 1,000 gallons or any part thereof.

(5) Multi-unit commercial or combination users.

(a) The minimum quarterly fee for all multicommercial or combination commercial and residential users serviced through a single water meter shall be determined by multiplying the number of units of each type (i.e., residential, commercial, educational, etc.) by the applicable minimum quarterly fee.

(b) The foregoing fee will apply when the total water consumed in January, February and March of the previous calendar year is equal to or less than 10,000 gallons multiplied by the number of units of whatever description serviced through the single water meter.

(c) When the amount of water consumed in January, February and March of the previous calendar year exceeds the product of 10,000 gallons and the number of units serviced through the single water meter, the ratepayer will pay the minimum quarterly fee as calculated in Subsection A(1), plus the nonresidential excess consumption fee for each additional 1,000 gallons or any part thereof.

B. Metered services: excess water consumption charge.

(1) Local users: residential and commercial.

(a) Residential users who used more than 10,000 gallons of water in January, February and March of the previous calendar year will be charged an excess consumption fee of $5 for each additional 1,000 gallons, or any part thereof, they used. This excess consumption fee will be charged in all four quarters of the billing year.

(b) All nonresidential users who used more than 10,000 gallons of water in January, February and March of the previous calendar year will be charged an excess consumption fee of $7.20 for each additional 1,000 gallons, or any part thereof, they used. This excess consumption fee will be charged in all four quarters of the billing year.

(2) Users in other municipalities.

(a) Residential users who used more than 10,000 gallons of water in January, February and March of the previous calendar year will be charged an excess consumption fee of $7.20 for each additional 1,000 gallons, or any part thereof, they used. This excess consumption fee will be charged in all four quarters of the billing year.

(b) Excess consumption charges assessed against residential users in other municipalities will be billed to and payable by the municipality and not the residents.

(3) Industrial/manufacturing users.

(a) Industrial/manufacturing users who use water as an ingredient in a product or products manufactured, diluted, mixed or hydrated on premises connected to the sanitary sewer system may apply for an exemption from the excess water consumption charges established by this subsection. The application must contain the following information and documentation:

[1] Copies of water meter readings for the last 12 months.

[2] A certification from an engineer or comparable professional approximating the total amount of water in the product or products manufactured on the premises and shipped or sold from the premises for the same twelve-month period. This certification shall include an explanation of the methodology used to arrive at the estimate and sufficient supporting documentation to allow the Township staff to evaluate the accuracy of the applicant’s estimate.

[3] Such other documentation, records, testimony, and/or evidence as the Township may reasonably require.

(b) Industrial/manufacturing users may install flow meters, at their own cost and expense, according to plans approved by the Township Engineer under the following circumstances:

[1] The Township concludes, based on the proofs supplied by the applicant and reviewed and accepted by the Township staff, that it would be grossly unfair to charge the usual excess consumption charge because a substantial amount of the water used by the applicant is not entering the sewerage system but leaving the premises as an ingredient in the applicant’s product.

[2] The applicant pays the Township’s professional review fees in connection with the application as well as the review of the design and the inspection of the installation of the flow meter.

[3] The applicant, as a condition of the Township’s approval, agrees to repair, replace, and/or provide maintenance to the flow meter as directed by the Township.

[4] The applicant, as a condition of the Township’s approval, pays in full any outstanding excess consumption charge, as estimated by the Township, based on the proofs supplied in the application to install the flow meter.

(c) Industrial/manufacturing users who have installed flow meters pursuant to the foregoing procedure will be billed for excess consumption charges on the basis of the flow meter readings as verified by the Township and not on the basis of their water meter reading.

(4) Fire districts.

(a) Delran Township is currently served by two fire companies organized under a single fire district. Each company owns and/or maintains five pieces of fire-fighting equipment. Not only must this equipment be kept meticulously clean, but two vehicles at each station, so-called pumpers, carry their own water supply for firefighting. Both fire companies use substantial amounts of metered water to fill their pumpers after each fire and after many of the weekly drills which the companies are required to attend. Substantial amounts of metered water are also used to clean fire-fighting equipment. This water does not enter the sanitary sewer system, but is disposed of through the Township’s stormwater system. It is, therefore, necessary to create a special classification with corresponding user rates for the fire companies.

(b) Based on the foregoing, fire companies are exempt from the payment of the minimum quarterly fees paid by other ratepayers. Fire companies will not be charged for the first 21,000 gallons of metered water used per quarter, but will pay excess consumption charges, at commercial rates, for all water usage over the quarterly usage figure of 21,000 gallons. It shall be the responsibility of the fire companies to keep the Township informed as to the number of fire-fighting apparatuses owned by each.

C. Metered service: new users, residential and nonresidential and substantially changed nonresidential uses. As stated in the section entitled “Rate Structure:”

(1) The annual charge to ratepayers with metered water service is based on the ratepayer’s water meter readings for January, February and March of the previous calendar year. The water usage experience of these three months is attributed to all four quarters of the billing year, resulting in four equal quarterly charges.

(2) Water meter readings from January, February and March of the previous calendar year do not exist in the case of new structures and are inapplicable in the case of structures that experience a substantial change in use.

(3) The Township’s annual billing cycle runs from January 1 to December 31.

(4) Charges for new residential users will be computed as follows:

(a) First billing cycle: New residential ratepayers will be charged the minimum applicable quarterly fees for whatever part of the first billing cycle they are connected to the sanitary sewer system.

(b) Second billing cycle: In the second billing cycle, the Township will compute the annual fee based on the water meter readings for January, February and March of the second billing cycle.

(c) Third billing cycle: In the third billing cycle, the Township will compute the annual fee based on the water meter readings for January, February and March of the previous billing cycle.

(5) Charges for new nonresidential and substantially changed nonresidential users will be computed as follows:

(a) First billing cycle: During the first billing cycle, quarterly bills will be based on water usage projections (estimates) of the Township Engineer.

(b) Second billing cycle: In the second billing cycle, if and only if complete water meter readings are available for October, November and December of the previous billing cycle, the Township will use the meter readings from those three months to compute the annual fee. If complete water meter readings are not available for October, November and December of the previous billing cycle, the annual fee will continue to be based on the water usage projections (estimates) of the Township Engineer.

(c) Third billing cycle: In the third billing cycle, the Township will compute the annual fee based on the water meter readings for January, February and March of the previous billing cycle.

(6) Appeals:

(a) New nonresidential and substantially changed nonresidential users may appeal the amount of their user fees as determined from the estimates made by the Township Engineer, but not until the first complete fourth quarter meter reading and the first complete first quarter meter reading have been made. Appeals must be filed with the Township Administrator no later than 30 days after the ratepayer’s receipt of the last of these two complete meter readings. Appeals must be in writing with copies of the meter readings attached. No appeal will be heard by the Township unless the meter readings establish that the ratepayer’s actual water usage was at least 25% less than the Engineer’s estimate.

(b) Ratepayers who comply with all the foregoing conditions will be afforded a hearing by the Township as soon as practicable after the appeal is filed. At least 10 days in advance of the hearing, the ratepayer will be notified of the time, place, and date thereof. The notice will be by regular mail, directed to the ratepayer’s billing address. Notices will be deemed received upon mailing.

D. Unmetered service: residential.

(1) Single unit: The quarterly charge for residential units with an unmetered water supply is $144.70.

(2) Multi-unit: The quarterly charge for multiunit unmetered residential users shall be determined by multiplying the number of dwelling units by $144.70.

E. Unmetered service: commercial/industrial.

(1) Unmetered service: single commercial/industrial existing units. The quarterly charge for a single commercial unit with an unmetered water supply is $320.

(2) Unmetered service: multiunit commercial/industrial existing user. The quarterly charge for multiunit commercial/industrial users with an unmetered water supply shall be determined by multiplying the number of units by $320.

(3) Unmetered service: new commercial/industrial units. The quarterly charge for new unmetered commercial or industrial units shall be based on the building area as follows:

(a) Units of 192,000 square feet or less: $320.

(b) Units in excess of 192,000 square feet: $320 plus $7.20 for each 8,000 square feet or any part thereof in excess of 192,000 square feet.

F. Septage. The Township currently accepts and treats septage generated in pleasure boats moored at, or doing business in, marinas in the Township’s harbor district. The per-gallon charge for the disposal and treatment of septage is $0.09 per gallon. Septage is introduced into the sanitary sewer system in two distinct ways, and the Township bills to accept septage in two ways.

(1) Tanker trucks: Customers depositing septage into the sanitary sewer system from tanker trucks are billed at the time of delivery and not quarterly. Such customers are billed for the full rated holding capacity of the tanker truck depositing septage into the sewerage system.

(2) Holding tanks:

(a) Customers who propose to introduce septage into the sanitary sewerage system by making lateral connections between holding tanks and the sanitary sewer system must first obtain Township approval to install the lateral. Applicants must also agree to install approved flow meters at the intake point of the holding tank. Such customers are billed quarterly and are charged on the basis of meter readings provided by the approved flow meters.

(b) Customers with existing lateral connections linking septage holding tanks with the sanitary sewerage system must install approved flow meters at the intake point of the holding tank within six months of the effective date of this section.

(3) Nothing in this provision shall be construed as obligating the Township to accept septage from new septage generators without prior approval.

G. Authority to adjust or correct bills. The Chief Financial Officer is hereby authorized to adjust bills upon a finding that there has been a mistake in billing because of misread water meters or computer mistakes. Whenever the Chief Financial Officer corrects a bill pursuant to this rule, he/she shall report the adjustment to the Township at its next regular meeting.

H. Surcharge for the treatment of industrial wastes. The quarterly service charge for sewerage service for the collection and treatment of industrial wastes discharged into the Township’s system shall be based upon the water usage as computed under the rate structure and product of the surcharge or premium charge as determined as a strength factor in accordance with the following formula:

	FACTOR % = 44 + 23 (BOD in PPM/250)*
	+ 31 (SS in PPM/250)*
	+ 2 * (chlorine demand in PPM/15)*

	* Where these figures are less than 250 PPM in BOD, or 250 PPM in suspended solids, or 15 PPM in chlorine demand, the value in parenthesis shall be equal to 1.
	** In cases where the suspended solids, in the opinion of the Township, do not represent the true characteristics of the solids loading, the Township reserves the right to use total solids instead of suspended solids.

I. Disconnect and reconnect charges.

(1) Should it be necessary to seal an existing lateral connection to the Delran Sewerage Department collector mains due to renovations, reconstruction, etc., and/or non-occupancy for an indefinite period of time, the owner, lessee or his/her designated representative shall officially request the Township’s representative to witness application of the seal in accordance with accepted procedures of the Township.

(2) If, during this period, the Township is reimbursed semiannually with 1/3 of the minimum use charge in effect at the time, the applicant may reopen the line upon payment of a filing fee of $45, a reconnection fee of $180 and proper inspection of the connection by the Township’s representative. This minimum charge is based on the assumption that the use to which the property is to be placed is residential.

(3) Should the use of the property be other than the original use, then the connection charge will be computed in accordance with the existing schedule of rates in effect. A credit will be given for the computed connection charge for the original installation connection, provided the new computed charge is in excess thereof.

(4) If, however, after proper sealing of the lateral has been accomplished, the Authority is not reimbursed semiannually with 1/3 of the minimum use charge in effect at the time, the applicant will be charged the filing fee of $45, plus a connection charge in accordance with existing rates as a new installation, regardless of the use to which the property will be placed.

Chapter 157. FIREARMS; FIREWORKS

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1999-2 (Sec. 4-7 of the 1993 Revised General Ordinances). Amendments noted where applicable.]

§ 157-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FIREARM: Any handgun, rifle, shotgun, machine gun, paintball gun, automatic or semiautomatic rifle or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, paintball, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air or is ignited by compressed air, and ejecting a bullet, paintball or missile smaller than 3/8 of an inch in diameter, with sufficient force to injure a person.

PUBLIC PLACE: Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation area, public transportation facilities, public building or area.

§ 157-2. Prohibited acts; exceptions.

No person shall possess, carry, fire, set off, cause to be fired, discharge or use any firearm, firecracker, roman candle or other firework or explosive in any public place within the Township of Delran except under the following circumstances and as provided in § 157-3:

A. For the purpose of military drill under the auspices of a legally recognized military or paramilitary organization and under competent supervision; or

B. For the purpose of competition or target practice in and upon a firing range approved by the Township Council or the National Rifle Association and which is under competent supervision at the time of such competition or target practice.

§ 157-3. Special permit; imposition of regulations.

A. Permit. The Chief of Police of the Township shall be authorized to issue a permit for the discharge of firearms when:

(1) The Chief of Police determines that the health, safety and welfare of persons in the Township will not be impaired.

(2) Such use is allowed under the terms of Chapter 355, Zoning, or by a variance recommended by the Zoning Board of Adjustment and approved by the Township Council.

B. Regulations. The Chief of Police shall have the right to impose reasonable rules and regulations concerning the discharge of firearms by special permit. The standards for determining such rules and regulations shall be based upon the health, safety and welfare of the citizens of the Township.

Chapter 162. FIRE PREVENTION

[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 89.

Unfit buildings — See Ch. 100.

Uniform construction codes — See Ch. 118.

Fees — See Ch. 150.

Property maintenance — See Ch. 257.

Article I. Uniform Fire Safety

[Adopted by Ord. No. 2003-11 (Ch. XV of the 1993 Revised General Ordinances)]

§ 162-1. Findings.

A. The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey.

B. The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.

C. It is in the best interests of the Township of Delran to have the Uniform Fire Safety Act enforced locally.

D. All fire departments, fire companies and the Board of Fire Commissioners of Delran Township Fire District No. 1 have agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Code, N.J.A.C. 5:70-1.1.

§ 162-2. Local enforcement.

Pursuant to the Uniform Fire Safety Act, N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Safety Act and New Jersey Uniform Fire Code shall be locally enforced in the Township of Delran.

§ 162-3. Agency designation.

The local enforcing agency within the entire jurisdiction shall be the Bureau of Fire Prevention in the Delran Township Fire District No. 1, and which shall consist of the Fire Official, Fire Inspectors and support staff.

§ 162-4. Organization; funding.

The local enforcing agency established by § 162-3 of this article and in accordance with N.J.A.C. 5:71-3.2 shall be a part of the Fire District and shall be under the supervision of the Board of Fire Commissioners of Delran Township Fire District No. 1 or such officer as the President of the Board of Fire Commissioners may designate. Such funds as may be necessary to support the operations of the agency shall be appropriated and raised by the Fire District in the manner provided by law. The Fire Official, who shall be designated as head of the local enforcing agency, shall report monthly to the Board of Fire Commissioners and shall report to Township Council from time to time as requested by Township Council.

§ 162-5. Appointments; terms; removal.

A. Appointment of Fire Official. The local enforcing agency shall be under the direct supervision of the Fire Official in charge of fire prevention in the Fire Department, who shall be appointed by the President of the Board of Fire Commissioners of Delran Township Fire District No. 1. The Fire Official shall be responsible for enforcing the Uniform Fire Code.

(1) General duties; terms of office. It shall be the duty and responsibility of the Fire Official to enforce the provisions of the Fire Prevention Code as herein set forth. The Fire Official shall serve for a tern of three fiscal years beginning January 1, or until a successor is appointed. Any vacancy shall be filled for the unexpired term. The Fire Official shall receive such compensation as is fixed by the Board of Fire Commissioners.

(2) Specific powers and duties of Fire Official. Pursuant to N.J.A.C. 5:71-3.3, the Fire Official shall:

(a) Take all actions necessary to enforce the provisions of the then-current New Jersey State Uniform Fire Code and to make all efforts to correct violations of the Code;

(b) Take all actions necessary to determine the cause of fires with the Township;

(d) Provide the Board of Fire Commissioners, the Mayor and Council with a detailed annual report of all services performed by the Fire Official, Deputy Fire Official and Fire Inspectors during the preceding year, which report shall include his or her recommendations for the maintenance and improvement of the Fire Official’s office.

(3) Monthly report. A report of the Fire Official shall be made monthly and transmitted to the President of the Board of Fire Commissioners. It shall contain all proceedings under this code, with such statistics as the Fire Official may wish to include therein. The Fire Official shall also recommend any amendments to the code which, in his or her judgment, shall be desirable.

(4) Qualifications of Fire Official. To qualify for appointment to the office of Fire Official, an individual shall:

(a) Have served as a fire chief, assistant fire chief, or as a fire inspector under the Fire Official, heretofore known as the “Fire Marshal,” for three or more years prior to appointment.

(b) Be certified by the state as a fire official.

(d) Be a high school graduate or equivalent.

(e) Be a member of a volunteer fire company of the Township.

(f) Be a resident of Delran Township.

(5) Assistants. The Fire Official shall have, as described below, such deputies, assistants, inspectors and other employees as may, from time to time, be designated and appointed by the President of the Board of Fire Commissioners, which deputies, assistants, inspectors and/or other employees shall receive such compensation as is fixed by the Board of Fire Commissioners.

B. Appointment of Deputy Fire Official. The Board of Fire Commissioners may appoint a Deputy Fire Official who shall be under the supervision and control of the Fire Official.

(1) Qualifications of Deputy Fire Official. To qualify for the appointment to the Office of Deputy Fire Official, an individual shall have achieved the qualifications set forth in Subsection A(4) above.

(2) Powers and duties of Deputy Fire Official. Pursuant to N.J.A.C. 5:71-3.3, the Deputy Fire Official shall:

(a) Perform the duties and responsibilities of the Fire Official in his or her absence.

(b) Perform such duties as are assigned to him or her by the Fire Official.

(c) Have the power to issue notices of violation and orders to correct violations for the then-current Delran Township Fire Prevention Code and to assist in any legal proceedings taken against a violator of the Fire Prevention Code.

C. Appointment of Fire Inspector, assistants and other employees. Such inspectors, assistants and other employees as may be necessary in the local enforcing agency shall be appointed by the President of the Board of Fire Commissioners of Delran Township Fire District No. 1 upon the recommendation of the Fire Official. Such inspectors, assistants and other employees shall be under the supervision and control of the Fire Official.

(1) Qualifications of Fire Inspector. The Fire Inspector shall be certified by the state as a fire inspector and shall further meet the qualifications set forth in Subsection A(4)(c), (d) and (e) above.

(2) Powers and duties of Fire Inspector. Pursuant to N.J.A.C. 5:71-3.3(c), the Fire Inspector shall:

[Amended 8-25-2009 by Ord. No. 2009-11]

(a) Make fire prevention inspections to insure compliance with the requirements of the then-current Delran Township Fire Prevention Code.

(b) Make investigations as instructed by the Fire Official, Deputy Fire Official, or officer in charge of the fire scene to determine the cause of a fire.

(c) Issue citations for violations of the then-current Delran Township Fire Prevention Code and to assist in any legal proceedings taken against a violator of the code.

(d) Exercise such other powers and duties as the Fire Official shall prescribe.

D. Removal from office. The Fire Official, Deputy Fire Official, assistants, inspectors and other employees of the local enforcing agency shall be subject to removal by the Board of Fire Commissioners of Delran Township Fire District No. 1. Each individual to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.

§ 162-6. Duties of local enforcing agency.

The local enforcing agency shall enforce the Uniform Fire Safety Act Editor’s Note: See N.J.S.A. 52:27D-192 et seq. and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Delran, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 162-7. Life-hazard uses.

The Bureau of Fire Prevention shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Department of Community Affairs.

§ 162-8. Board of Appeals.

Pursuant to N.J.A.C. 5:70-2.19 of the Uniform Fire Code, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Burlington County.

§ 162-9. Required inspections and fees.

Fees for non-life-hazard-use inspections, smoke detector inspections in R-2 common areas and fire investigation reports shall be required, the amounts for which are set forth in Chapter 150, § 150-7, Fire safety.

§ 162-10. Permit fees.

All permit fees as indicated in N.J.A.C. 5:70-2.9(c) of the New Jersey Uniform Fire Code shall be adopted by the local enforcing agency for the purpose of enforcing this article.

§ 162-11. Registration with Bureau of Fire Prevention and fees.

Businesses not required to register with the New Jersey Division of Fire Safety under N.J.A.C. 5:70-2.6 shall register with the Delran Township Bureau of Fire Prevention, the fees for which are set forth in Chapter 150, § 150-7, Fire safety.

§ 162-12. Annual audit.

The local enforcing agency shall prepare an annual report of the fees received and expenses incurred with respect thereto, including the operation of the agency, and forward same to the Board of Fire Commissioners of Delran Township Fire District No. 1 no later than March 1 following each calendar year. Said report shall be in the same form and cover the same subject matter required by the Department of Community Affairs.

§ 162-13. Specific areas of enforcement.

A. Fire lanes on private property. Fire lanes on private property shall be established, maintained and enforced in accordance with the provisions of N.J.A.C. 5:70-3.2(a)(3) as applies to Section 5:70-3.2, 503 Fire Apparatus Access Roads, which provides as follows:

[Amended 8-25-2009 by Ord. No. 2009-11]

(1) Designation. The Fire Official may designate fire lanes on private property (which shall remain on public file with the Fire Official) to which the public is invited or which is devoted to public use, if it is necessary to provide safety for the public or to provide proper access for Fire Department operation in the event of an emergency.

(2) Notification. Whenever a determination has been made for a fire lane designation, the Fire Official shall notify the owner of the property, in writing, by certified mail or by hand delivering such notice, specifically describing the area designated and the reason for making the designation.

(3) Marking of fire lanes. The marking of fire lanes shall be the responsibility of and at the expense of the property owner and shall be accomplished within 30 days of the receipt of the notification.

(4) Obstruction. It shall be a violation of this code for any person to park a motor vehicle in or to otherwise obstruct a fire lane.

B. Parking, stopping in or obstructing a fire lane.

(1) General prohibition. No person shall park or stop a motor vehicle in or in any other manner obstruct a properly designated fire lane as hereinafter described:

[Amended 9-28-2004 by Ord. No. 2004-18]

Fire Lanes
Block/Lot	Designation	Address
1/31.03	The access easement to Block 1, Lot 31	Dredge Harbor, 61 St. Mihiel Drive
9/30.05	The access roads on north, east and south sides of the building	2900 Cindel Drive
9/41.24	The curb along the front entrance and front of building at the rear of the property	Delran Center, 4037 Rt. 130 South
9/41.28	The front of the building (south), the (east) side of the building	4019 Rt. 130 South
9/46.03	The front (south) and the side (west) of the building	2929 Rt. 130 South
46/10,11,12 and 17	The front (south and west) access road to the building	5011 Rt. 130 South
107/1	The access road at the front (north) and the side (west) of the building	Millside Center, 4004 Rt. 130 North
107/2	The entire perimeter access road of the building	Heritage Square, 4000 Rt. 130 North
132/6	The entire east and west sides of the building	Mancini Center, 2910 Rt. 130 North
132/5	The access road at the east and west sides of the building and the front (north) area of the east wing	Tenby Plaza, 2904 Rt. 130 North
133/9.02	The access road front (west) of the building and playground	190 Tenby Chase Drive
65/18 and 21	The entire building perimeter access road, except for designated customer and contractor loading zones	9001 Rt. 130 South
120.07/19	The (north) end access road between curbs, the front (east) access road from the curb to the parking islands, and the rear (west) access road from Rt. 130 North	Hartford Corners, 1310 Fairview Boulevard
120/14.01	The front (west) access road from the curb to the parking islands from Rt. 130 North	Hartford Corners, Bldg. #1, 1311 Fairview Boulevard
120.07/19	The front (east) access road from the curb to the parking islands, and the rear (west) access road from Rt. 130 North	Hartford Corners, Bldg. #6, 1320 Fairview Boulevard
120/14.01	The front (west) access road from the curb to the parking islands, the end (south) access road, and the rear (east) access road from Rt. 130 North	Hartford Corners, Bldg. #2, 1321 Fairview Boulevard
120.07/19	The front (east) access road from the curb to the parking islands, the rear (west) access road to Fairview Boulevard	Hartford Corners, Bldg. #5, 1330 Fairview Boulevard
120/14.02	Around entire perimeter of building from the curbline out to the parking islands, except for designated customer/contractor loading zones, and the end (south) of the building	Hartford Corners, 1331 Fairview Boulevard
120/14.01	The front (north) access road from the curb to the parking islands, the rear (south) access road, and the access road end (west) to Fairview Boulevard	Hartford Corners, Bldg. #3, 1341 Fairview Boulevard
120/14.01	The entire perimeter access road except the (north) front	Hartford Corners, Bldg. #4, 1361 Fairview Boulevard
9-47.04 [Added 10-5-2005 by Ord. No. 2005-29]	Driveway to the east side of building	501 Delran Parkway
9-47.0 [Added 10-5-2005 by Ord. No. 2005-29]	Driveway to the east side of building, Driveway on the south side of the building	601 Delran Parkway
9-41.13 [Added 10-5-2005 by Ord. No. 2005-29]	Area of ingress and egress along the front and rear of building	1835 Underwood Boulevard
9-06.1 [Added 10-5-2005 by Ord. No. 2005-29]	Along the curbs on the north, south and east sides of the property	201 Carriage Lane
9.04.2 [Added 10-5-2005 by Ord. No. 2005-29]	The driveway to the south. Between the the designated parking spaces on the north, east and west side of the building. Between the designated parking spaces along the perimeter of the north parking lot	150 Carriage Lane
9.05.2 9.06-3 [Added 10-5-2005 by Ord. No. 2005-29]	The area of ingress and egress. The driveway behind the buildings. The front and sides between the building and the designated parking area.	203 Carriage Lane 205 Carriage Lane 207 Carriage Lane
9.04.1 [Added 10-5-2005 by Ord. No. 2005-29]	Between the building and the designated parking area on the north and west side. Between the building and curb on the south and east side	110 to 140 Carriage Lane
9-41.25 [Added 10-5-2005 by Ord. No. 2005-29]	The perimeter of the property along the curb	4019 Rt 130 South
110-32 [Added 10-5-2005 by Ord. No. 2005-29]	The driveway around the church, the driveway around the parish center and the north side (along the trees) of the parking lots adjacent to the church	260 Conrow Road

(2) Violations and penalties. Unless another penalty is expressly provided for by New Jersey statutes, each and every person violating the provisions of this subsection with regard to stopping, parking or obstructing a properly designated fire lane shall, upon conviction, be subject to a minimum mandatory fine of $100 and a maximum fine as set forth in § 1-5, Violations and penalties, of this Code, plus court costs, for each separate violation, which shall be enforced jointly by the Police and Fire Departments of the Township of Delran. In addition, the Police Department shall have the authority to cause said vehicle found in violation to be towed and stored at the expense of the owner.

[Amended 8-7-2005 by Ord. No. 2005-25]

(3) Enforcement of fire lane violations. Fire lane regulations shall be concurrently enforced by the Delran Police Department and the Bureau of Fire Prevention of the Delran Fire Department, including the Fire Official and Fire Inspectors. Violations of the fire lane regulations shall be considered Township ordinance violations, as well as violations of the Uniform Fire Code, N.J.A.C. 5:70-3.2(a)(3). Enforcement by the Police Department shall be handled as a Township ordinance violation or as a Uniform Fire Code violation. Enforcement by the local enforcing agency, the Fire Official and Fire Inspectors shall be pursuant to N.J.S.A. 52:27D-210 which provides for penalties under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., for violations of the Uniform Fire Code.

[Amended 8-7-2005 by Ord. No. 2005-25]

C. Portable cooking equipment. No person shall operate, use or maintain any open fire or any device commonly known as a “portable charcoal cooking device” in or on any apartment unit, porch, balcony, covered patio area or any other private area of an apartment or multifamily-dwelling unit.

D. Storage or parking of internal-combustion engine vehicles. No person shall store or park or cause to store or park any internal-combustion engine vehicle (including, but not limited to, those commonly known as a motorcycle, moped, go-cart, dirt bike, lawn mower, snow blower, etc.) in or on any apartment unit porch, balcony, covered patio area, entrance, exit or any other private area of an apartment or multiple-family dwelling.

E. Key lock box system.

[Added 10-5-2005 by Ord. No. 2005-29]

(1) The following structures shall be equipped with a key lock box:

(a) Commercial or industrial structures protected by an automatic alarm system or automatic suppression system.

(b) Such structures that are secured in a manner that restricts access during an emergency.

(2) All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational.

(3) The Fire Official shall designate the type of key lock box system to be implemented within Delran Township and shall have the authority to require all structures to use the designated system.

(4) The lock box shall be installed in a location determined by the Fire Official six to eight feet above grade.

(5) The owner or operator of a structure required to have a key lock box shall, at all times, keep two sets of keys in the lock box that will allow for access to all doors. Keys within the lock box shall be labeled for easy identification either by the tenant name or indexed to a floor plan of the building and shall be kept current.

[Amended 8-25-2009 by Ord. No. 2009-11]

(6) Any person who owns a property subject to this section, who fails to install a key lock box shall be subject to a fine up to $500.

F. F.D.C. Caps.

[Added 10-5-2005 by Ord. No. 2005-29]

(1) Fire Department connections for sprinkler and stand pipe systems shall be equipped with locking caps of the type as designated by the Fire Official.

(2) All new installations shall have locking caps installed prior to final test of the system.

(3) Existing knock-off caps that are damaged or missing shall be replaced with the designated locking caps.

(4) All newly constructed buildings equipped with an automatic fire suppression system or standpipe shall conform to the following requirements for the Fire Department Connection (F.D.C.):

[Added 8-25-2009 by Ord. No. 2009-11]

(a) Thirty-degree elbow installed in downward position

(b) Five-inch-diameter connection utilizing Storz-type connections.

G. Padlocks.

[Added 8-25-2009 by Ord. No. 2009-11]

(1) The Fire Official shall have the authority to require padlocks to be compatible with the key lock box system.

§ 162-14. Violations and penalties.

[Amended 8-7-2005 by Ord. No. 2005-25]

Except as otherwise modified by this article, all penalties as indicated in the New Jersey Administrative Code, Title 5, Chapters 70 and 71 (Uniform Fire Code), shall be adopted for the purpose of enforcing this article. If no other penalty is otherwise provided for, any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, shall severally, for each and every such violation and noncompliance, respectively, be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code, in the discretion of the court before whom such conviction may be had. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

§ 162-15. Open burning.

[Added 8-25-2009 by Ord. No. 2009-11]

A. General. A person shall not cause or allow open burning unless approved in accordance with this section.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

BONFIRE: An outdoor fire utilized for ceremonial purposes.

OPEN BURNING: The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.

RECREATIONAL FIRE: An outdoor fire utilized to cook food for human consumption that is not contained to an incinerator, outdoor fireplace, and barbeque grill or barbeque pit. For a fire in an approved container, see “open burning.” A recreational fire shall consist of no more than three seasoned logs with a maximum dimension of 14 inches by four inches in diameter.

C. Permits. Permits for agricultural burning and bonfires must be obtained as per N.J.A.C. 5:70-2.7.

D. Waste disposal. Open burning shall not be utilized for the purpose of waste disposal.

E. Location. Recreational fires shall not be conducted within 50 feet of a structure or combustible material. Conditions which could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.

(1) Exceptions. Fires in approved containers shall be permitted, provided such fires are not less than 15 feet from any structure or combustible material.

F. Attendance. Open burning, bonfires, or recreational fires shall be constantly attended until the fire is extinguished.

G. Fire protection. A minimum of one portable fire extinguisher, complying with Section 906 of the N.J. State Uniform Fire Code, with a minimum 4-A rated fire extinguisher, two 2-A rated water fire extinguishers or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

H. Prohibited open burning. Open burning or recreational fire that is offensive or objectionable, because of odor or smoke emissions, in the opinion of the Fire Official, Fire Chief, or Fire Officer, or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited.

I. Extinguishment authority. The Fire Official, Fire Chief or Fire Officer is authorized to order the extinguishment by the property owner, resident, another responsible person or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation.

Chapter 167. FLOOD DAMAGE PREVENTION

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1995-27 (Ch. XXIV of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 37.

Uniform construction codes — See Ch. 118.

Site plan review — See Ch. 290.

Subdivision of land — See Ch. 310.

Zoning — See Ch. 355.

Article I. Authorization; Findings; Definitions

§ 167-1. Statutory authorization.

The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety and general welfare of its citizenry. Therefore, the Delran Township Council of Delran Township, Burlington County, New Jersey, does ordain as follows.

§ 167-2. Findings of fact.

A. The flood hazard areas of Delran Township are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 167-3. Purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health.

B. Minimize expenditure of public money for costly flood control projects.

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

D. Minimize prolonged business interruptions.

E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets or bridges located in areas of special flood hazard.

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

G. Ensure that potential buyers are notified that property is in an area of special flood hazard.

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 167-4. Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C. Controlling the alteration of natural floodplains, stream channels and nature protective barriers which help accommodate or channel floodwaters.

D. Controlling filling, grading, dredging and other development which may increase flood damage.

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 167-5. Definitions and word usage.

A. Unless specifically defined below, words or phases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

B. As used in this chapter, the following terms shall have the meanings indicated:

APPEAL: A request for a review of the Construction Official’s interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING: A designated AO, AH or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD: The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL: A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING: A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD and FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation of runoff or surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS): The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAYS: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 of a foot.

HISTORIC STRUCTURE: Any structure that is:

(1) Listed individually in the National Register of Historical Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program, as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building’s “lowest floor,” provided that such enclosure is not built as to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a recreational vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE: A vehicle which is built on a single chassis; is 400 square feet or less when measured at the longest horizontal projections; is designed to be self-propelled or permanently towable by a light-duty truck; and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration effects the external dimensions of the building.

STRUCTURE: A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above the ground.

SUBSTANTIAL DAMAGE: Damage, of any origin, sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.

VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Article II. General Provisions

§ 167-6. Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Township of Delran identified by the Federal Insurance Administration, as set forth in § 167-6.

§ 167-7. Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the “Flood Insurance Study for the Township of Delran,” dated December 5, 1995, with accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Township Clerk’s office, 1050 Chester Avenue, Delran, New Jersey 08075.

§ 167-8. Violations and penalties.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. It shall be a violation of this chapter to fail to comply with any of its requirements, including violations of conditions and safeguards established in connection with a variance. Each day that a violation exists shall constitute a separate violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code, for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Delran from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 167-9. Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 167-10. Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements.

B. Liberally construed in favor of the governing body.

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 167-11. Warning and disclaimer of liability.

A. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

B. This chapter shall not create liability on the part of the Township of Delran, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Article III. Development Permit

§ 167-12. Application; information required.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 167-7. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures.

B. Elevation in relation to mean sea level to which any structure has been floodproofed.

C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 167-18B.

D. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 167-13. Designation of Construction Official.

The Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 167-14. Duties and responsibilities of Construction Official.

Duties of the Construction Official shall include, but not be limited to:

A. Permit review. The Construction Official shall:

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway and to assure that the encroachment provisions of § 167-19A are met.

B. Use of other base flood and floodway data. When base flood elevation and floodway data have not been provided in accordance with § 167-7, Basis for establishing areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 167-18, Specific Standards, Subsection A, Residential construction, and Subsection B, Nonresidential construction.

C. Information to be obtained and maintained. The Construction Official shall:

(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.

(2) For all new or substantially improved floodproofed structures:

(a) Verify and record the actual elevation (in relation to mean sea level).

(b) Maintain the floodproofing certifications required in § 167-12C.

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

D. Alteration of watercourses. The Construction Official shall:

(1) Notify adjacent communities and the New Jersey Department of Environmental Protection (NJDEP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.

E. Interpretation of FIRM boundaries. The Construction Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article IV, Variance Procedure.

Article IV. Variance Procedure

§ 167-15. Appeal Board.

A. The Planning Board, as established by the Township of Delran, shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this chapter.

C. Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court, as provided by law.

D. In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(1) The danger that materials may be swept onto other lands to the injury of others.

(2) The danger to life and property due to flooding or erosion damage.

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4) The importance of the services provided by the proposed facility to the community.

(5) The necessity to the facility of a waterfront location, where applicable.

(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(7) The compatibility of the proposed use with existing and anticipated development.

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F. The Construction Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

§ 167-16. Conditions for variances.

A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items in § 167-15D have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

E. Variances shall only be issued upon:

(1) A showing of good and sufficient cause.

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public as identified in § 167-15D; or conflict with existing local laws or ordinances.

Article V. Provisions for Flood Hazard Reduction

§ 167-17. General standards.

In all areas of special flood hazard, the following standards are required:

A. Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

B. Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. Utilities.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

E. Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one foot above grade.

(3) Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 167-18. Specific standards.

In all areas of special flood hazard where base flood elevation data has been provided, as set forth in § 167-7, Basis for establishing areas of special flood hazard, or in § 167-14B, Use of other base flood and floodway data, the following standards are required:

A. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

B. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or:

(1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 167-14B.

C. Manufactured homes.

(1) Manufactured homes shall be anchored in accordance with § 167-17A(2).

(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

§ 167-19. Floodways.

Located within areas of special flood hazard established in § 167-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

A. Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V, Provisions for Flood Hazard Reduction.

C. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.

Chapter 171. FOOD ESTABLISHMENTS, RETAIL

[HISTORY: Adopted by the Township Council of the Township of Delran 8-17-2005 by Ord. No. 2005-27. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Licensing — See Ch. 203.

§ 171-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CATERING ESTABLISHMENT: A retail food establishment or other place at which food is or shall be prepared or served in the Township of Delran, which prepares or serves or both prepares and serves food under contract to persons, groups, organizations and parties at places not generally open to the public as food establishments except upon lease, contract or invitation, whether or not such place is at the premises usually occupied by the catering establishment.

DRIVE-IN ESTABLISHMENT: A seating establishment where food is or is intended to be sold for consumption by patrons while seated in automobiles parked at the premises of the retail food establishment.

FUND-RAISING ACTIVITY: A retail food establishment wherein retail sales of food are made by or on behalf of nonprofit corporations or associations for either on-premises or off-premises consumption, the net proceeds of which sales are or are intended to be solely for the benefit of the nonprofit corporation or association. No caterer or other profit-making business hired by or associated with such nonprofit corporation or association shall be considered part of any “fund-raising activity.”

INDUSTRIAL ESTABLISHMENT: A retail food establishment operated by a person, firm or corporation not primarily in the business of retail food sales, which establishment is and shall continue to be operated on a nonprofit basis solely for the use and benefit of the employees of such person, firm or corporation in the hours during which such employees are actually engaged in the business of such person, firm, or corporation.

MOBILE ESTABLISHMENT: A seating establishment or nonseating establishment where food is sold from mobile facilities.

NONSEATING ESTABLISHMENT: A retail food establishment, including mobile establishments, where food is or is intended to be sold in an unprepared or merely partly prepared condition for further preparation and consumption at a time and place different from the time and place of sale. The fact that a nonseating establishment sells food capable of being consumed at the time and place of sale shall not render the same a seating establishment if the substantial portion of sales made and intended to be made are of the type hereinbefore described as those made by a nonseating establishment.

RETAIL FOOD ESTABLISHMENT: A single enclosure or a single place in, at or from which food or drink for human consumption is sold or served, including, but not limited to, any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary; box-lunch establishment; retail bakery, meat market; delicatessen; grocery store; public food market; and similar places. For purposes of the licensing provision of this chapter, each such retail food establishment, whether or not more than one such establishment is located upon a single premises and whether or not more than one such retail food establishment is owned, operated or conducted by a single person, firm or corporation, shall be licensed separately.

SEATING ESTABLISHMENT: A retail food establishment, including mobile establishments, at which food is or is intended to be sold for consumption at the time and place of sale, whether or not seats for the use of patrons are actually supplied.

§ 171-2. License or permit required.

It shall be unlawful for any person, firm or corporation to conduct a retail food establishment in the Township of Delran without first having procured either a license or permit to do so, as the case may be, or without complying with the provisions of the Retail Food Establishment Code of New Jersey (1965). Each day upon which such person, firm or corporation shall do any act which is hereby prohibited or omit to do any act which is herein required shall constitute a new violation.

§ 171-3. License for each establishment; exception.

Each retail food establishment, except establishments conducting fund-raising activities, now or hereafter conducted or operated in the Township of Delran shall be licensed in accordance with the provisions of this chapter.

§ 171-4. Permit for fund-raising activity; limitation on number of permits issued annually.

Each nonprofit corporation or association shall, before the 10th day prior to conducting any fund-raising activity, apply for a permit to do so. Such permit shall be issued by the Secretary of the Board of Health without fee as of course, unless and until the Sanitarian shall have determined that the fund-raising activity is not or will not be conducted in accordance with the provisions of the Retail Food Establishment Code of New Jersey (1965). Not more than four such permits shall issue to a single such nonprofit corporation or association in any twelve-month period following the 30th day of each June.

§ 171-5. Application for license.

A. Annual license. Any person, firm or corporation herein required to be annually licensed now or hereafter seeking to operate or conduct a retail food establishment shall, not earlier than the first day of June and not later than the 30th day of June of each year, apply in writing to the Secretary of the Board of Health of the Township of Delran for a license to do so, provided that any such person, firm or corporation seeking to commence business may apply at times other than those hereinbefore set forth for a license, which said license shall expire on the first day of July next ensuring.

B. Certain catering establishments. Catering establishments not principally engaged in the business of catering and being engaged fewer than three times annually and catering establishments which have no business premises in the Township of Delran may, at their option, make application for a license to cater on a specified date, which said license shall be valid only for the date for which it is issued. Application for such license shall be made not later than the 10th day prior to the date for which the license applied for is to be effective.

§ 171-6. Schedule of fees; exemptions:

A. The annual fee, which shall be paid in cash or by check at the time of application, for the issuance of a retail food establishment license, is hereby fixed in accordance with § 150-4A.

B. Charitable, religious and educational nonprofit corporations, associations and institutions shall be exempt from the payment of the foregoing fees.

§ 171-7. Issuance of licenses.

Upon receipt of an application for the issuance or renewal of a license, and during the pendency of any license, the Department of Health shall issue the license sought and permit it to pent only if:

A. The applicant or licensee shall have filed with the Secretary a list current within 10 days of all food handlers engaged at the licensed premises.

B. Upon inspection of the licensed premises the Department of Health determines that the licensed premises meets the criteria of the Retail Food Establishment Code (1965).

C. At least one supervisory employee or operator of the licensed premises during the term of each licensing period shall have attended at least one lecture given annually by the Department of Health upon the subject of food handling at such time and place as the Department of Health shall choose and give notice to the licensee by United States mail, certified mail, return receipt requested.

§ 171-8. License expiration.

Each retail food establishment license issued pursuant to the terms of this chapter shall expire on the 30th day of June annually.

§ 171-9. Suspension and revocation; hearing.

A. Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or of the Retail Food Establishment Code of New Jersey (1965), or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality, or that the person or persons conducting the retail food establishment is of an unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.

B. A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.

C. If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Township unless the application for such license shall be approved by the Board of Health.

§ 171-10. Construal as to interstate commerce.

No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 171-11. Jurisdiction.

Jurisdiction to hear complaints of a violation of this chapter and to impose the penalties hereinafter prescribed shall be vested in the Municipal Court of the Township of Delran.

§ 171-12. Enforcement.

Upon notice that any person, firm or corporation shall have violated the provisions of this chapter, the Township may, by complaint filed in the Delran Township Municipal Court, institute proceedings in the name of the Board of Health of the Township of Delran for the enforcement and imposition of penalties hereinafter prescribed.

§ 171-13. Violations and penalties.

Any person, firm or corporation having been found guilty of a violation of the provisions of this chapter, upon complaint made pursuant to the provisions of the foregoing section, shall, for each violation, be penalized not more than $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, per day per violation, which penalty shall be paid to the court and delivered to the Treasurer of the Township of Delran.

Chapter 176. GAMES OF CHANCE

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-12 of the 1993 Revised General Ordinances; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Amusements and amusement devices — See Ch. 76.

§ 176-1. Bingo and raffles.

Bingo and raffles shall be permitted any day of the week, including Sundays.

Chapter 180. GARAGE SALES

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-8 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 240.

Precious metals and gems — See Ch. 252.

§ 180-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARAGE SALE: The sale of used household items from a private residence in a residential zone.

§ 180-2. Registration required.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). No person shall conduct a garage sale without first registering at least 24 hours in advance with the Township Clerk, as herein provided.

§ 180-3. Required information.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Each applicant for a garage sale shall give to the Township Clerk, in writing, his or her name, address and other data as may be required to identify himself or herself. The applicant shall also give the proposed hours and dates of the garage sale.

§ 180-4. Issuance of permit; posting.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Each registrant, upon being so registered, shall be issued a permit by the Township Clerk, upon which shall be affixed the dates, hours and location of the proposed garage sale. Such permit shall be prominently posted on the premises on which the garage sale is to be conducted.

§ 180-5. Hours of sale limited.

No garage sale shall be conducted or carried on before 9:00 a.m. or later than 7:00 p.m. of any day, including Sundays.

§ 180-6. Number of garage sales limited.

[Amended by Ord. No. 1996-10]

No person shall conduct more than four garage sales within any calendar year, and no permit shall be issued if the applicant shall have had four previous garage sales within the calendar year. A garage sale, for the purpose of registration and this chapter, may consist of up to a maximum of two consecutive days to be counted as one garage sale.

§ 180-7. Fee.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). No fee shall be charged for a garage sale permit.

Chapter 185. GRAFFITI

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1997-2 (Sec. 4-14.11 of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Peace and good order — See Ch. 235.

Property maintenance — See Ch. 257.

§ 185-1. Malicious property destruction prohibited.

A. No person shall purposely or knowingly vandalize, deface or otherwise damage the real or personal property of another by painting, writing, drawing or otherwise inscribing in any fashion, graffiti. Graffiti shall include any form of painting, writing, drawing or inscription regardless of content which is placed on real or personal property without the express or implied permission of the owner of said property or public entity.

B. An “owner of real or personal property” is any person, business entity or public entity having possession, control or title to said property.

C. For purposes of this section herein, the act of placing graffiti shall constitute the willful, malicious or unlawful injury or destruction to real or personal property.

§ 185-2. Prosecution of persons under 18.

If, at the time of the offense charged, any person shall be under the age of 18 years, the Juvenile Domestic Relations Court shall have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Juvenile Domestic Relations Court, and the case, including all papers and process thereto, shall be transferred to said Court as provided in N.J.S.A. 2C:4-11.

§ 185-3. Violations and penalties; restoration.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to the maximum penalty set forth in § 1-5, Violations and penalties, of this Code. As a condition of sentencing, the Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged, provided that a determination is made that any restoration efforts made by the offender shall not subject the offended to unreasonable risk. In the event that the offender makes full monetary restitution to restore the property to its original undamaged condition, the Municipal Court shall have the full discretion to set