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 the terms of the restitution.

§ 185-4. Parental responsibility.

Any parent, guardian or other person having legal custody over an infant under 18 years of age who fails or neglects to exercise supervision and control over such infant shall be presumptively liable for any destruction or damage caused by such infant under § 185-1 above to the property of the Township of Delran, any private person or entity or any public authority of the Township of Delran. Said parent may be liable for the current cost of replacement or repair, and it shall be no defense that the cost of replacement or repair is greater than the original value of the damaged property or the original cost of installation.

Chapter 203. LICENSING

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-1 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 65.

Alcoholic beverages — See Ch. 71.

Amusements and amusement devices — See Ch. 76.

Animals — See Ch. 80.

Fees — See Ch. 150.

Retail food establishments — See Ch. 171.

Peddling and soliciting — See Ch. 240.

Poolrooms and billiards — See Ch. 246.

Precious metals and gems — See Ch. 252.

Sexually oriented businesses — See Ch. 285.

Taxicabs — See Ch. 317.

§ 203-1. Purpose.

The purpose of this chapter is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Township, except alcoholic beverage licenses, dog licenses and taxicab licenses; provided that tax exempt religious and charitable organizations shall be exempted from paying the license fees provided for in this chapter.

§ 203-2. Definitions.

[Amended by Ord. No. 1991-1]

The following terms shall have the following meanings:

APPLICANT: The owner or lessee of real or personal property utilized for an activity for which a license or permit is sought.

ISSUING AUTHORITY: The Township Council or any employee or officer of the Township to whom the power to issue the license or permit is granted by any chapter of this Code.

PERMIT and LICENSE: Any and all permit or license or approval or certification, renewal or extension thereof required or permitted by any provision of this Code.

RELATED ENTITY: Includes, but is not limited to, any corporation in which the applicant owns an equity interest, any partnership in which the applicant is a partner or any business activity in which the applicant has a legal interest, including the use of a liquor license.

TAXES: All real property assessments, liens, taxes and utility charges imposed by any unit of local government.

§ 203-3. Applications.

[Amended by Ord. No. 1991-1]

A. An applicant for a license under this chapter shall file an application with the Township Clerk, unless otherwise stated, and shall give the following information:

(1) Name and business and home address and telephone number of the applicant. If the applicant is a corporation, the name and address of its registered agent and a copy of its certificate of incorporation.

(2) The name and address of the applicant’s attorney, if applicable.

(3) The residence of the applicant, if an individual, during the past five years.

(4) If the licensed activity is to be carried on at a fixed location, the address and description of the premises.

(5) If a vehicle is to be used, its description, including the license number.

(6) If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.

(7) The days of the week and the hours of the day during which the licensed activity will be conducted.

(8) A description of the nature of the business and the goods, property or services to be sold or supplied, or the purpose of the solicitation of canvassing.

(9) The source of supply of the goods or property or services proposed to be sold; where such goods, services or products are located, and the method of delivery.

(10) A statement as to whether the applicant has been convicted of any crime or the violation of any Township ordinance, other than traffic offenses, and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed.

(11) Whether or not a similar license has ever been denied, suspended or revoked. If so, the details of such, including the date and place of such action and the reasons therefor.

(12) Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his or her character and responsibility.

(13) The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be immediately processed for classification and identification.

(14) Two recent photographs of the applicant shall be attached. Photographs shall be approximately 2 1/2 inches square and shall show the head and shoulders of the applicant in a clear and recognizable manner.

(15) Applications by partnerships shall be signed by all partners, with the information required by this section supplied in detail as to each partner. Applications of corporations shall have attached individual statements containing all of the information required by this section relating to each officer of the corporation and the agent who shall engage in the licensed activity and shall be signed by each such officer and agent.

(16) At the time the applicant applies for the issuance of any license or permit, the applicant shall obtain a statement from the Tax Collector setting forth whether any tax is due and owing. Furthermore, the applicant shall obtain a statement from the office of the Construction Code Official and/or Health Officer that all real property owned by the applicant in the Township complies with all the appropriate regulations of the Township, the State of New Jersey and the United States.

B. The applicant shall pay any and all fees required to obtain the appropriate statement(s), the amount of such fee to be established by the Township Council by way of resolution. In the event that the Tax Collector certifies that taxes are due and owing for any quarter, then the license or permit may be denied. In the event that the statement from the office of the Construction Code Official and/or the Health Officer sets forth the existence of an unabated violation(s), such statement shall be presumptive evidence of such violation(s) and the permit or license may not be issued.

§ 203-4. Payment of fees.

A. At the time of filing the application, a fee as set forth in § 150-3A shall be paid to the Township Clerk to cover the cost of investigation of the facts stated herein. This fee shall not be prorated or refunded if the application is denied.

B. Where the licensee is engaged in more than one activity at the same location, which may be subject to more than one fee, such licensee shall be required to pay that fee which would be charged for the activity assessed the highest fee.

C. Except as otherwise provided, all license fees shall become a part of the general Township treasury.

§ 203-5. Investigation and issuance of license.

Upon application properly completed and submitted pursuant to § 203-3, the Clerk shall refer the original and duplicate to the Chief of Police, who shall make, or cause to be made, such investigation of the business responsibility and moral character of the applicant, and, if employed, the applicant’s employer, as he or she deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation.

A. Unsatisfactory findings.

(1) If, as a result of such investigation, the moral character or business responsibility of the applicant, or, if employed, the applicant’s employer, is found to be unsatisfactory, the Chief of Police shall endorse on the original application his or her disapproval and his or her reasons therefor, and return the original application to the Clerk, who shall notify the applicant, in writing, either by personal delivery to the applicant or by certified mail to the applicant at the address stated in the application, that the application is disapproved, as well as the reasons therefor, and that no license shall be issued. The applicant shall have the right to appeal from any such disapproval pursuant to the provisions of § 203-9. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:

(a) Conviction of a crime involving moral turpitude.

(b) Prior violation of a peddling or soliciting ordinance.

(d) Record of breaches of soliciting contracts.

(e) Concrete evidence of bad character.

(f) Such other evidence which established good cause to disapprove the application.

(2) In the absence of such findings, the Chief of Police shall find the application “satisfactory.”

B. Satisfactory findings.

(1) If, as a result of such investigation, the character and business responsibility of the applicant, and, if employed, the applicant’s employer, are found to be satisfactory, the Chief of Police shall endorse his or her approval on the original application and return the same to the Clerk, who shall, in turn, issue a license to the applicant.

(2) In no case shall a license be issued to any person under the age of 16.

§ 203-6. Inspections.

Upon receipt of an application for a license, the Township Clerk shall refer such application to the proper officers for making any necessary inspections. The officers charged with the duty of making the inspection shall make a report thereon within 15 days after receiving the application. The Health Officer shall make an inspection in regard to such licenses in the connection of the care and handling of food, the preventing of nuisances, the spread of disease and for the protection of health. The Construction Code Official shall make any such inspection relative to the construction of buildings or other structures or any other inspections required under any other codes enforced by his or her office. The Zoning Officer shall make any appropriate zoning inspection.

§ 203-7. Township requirements.

No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the Township.

§ 203-8. Contents of license.

Licenses shall contain the following information:

A. The name, address and photograph of the licensee.

B. The name and address of licensee’s employer, if any.

C. The number and type of the license and the nature of the licensed activity.

D. The address at which the licensed activity is to be conducted, if the activity is to be conducted at a fixed location.

E. If the licensed activity is to be conducted from a vehicle, the make, model and license number of such vehicle.

F. The kind of goods or services to be sold.

G. The date of issuance and expiration date of the license.

H. The signature of the Clerk or other issuing officer.

I. Any other appropriate information which the Township Council may, by resolution, require.

§ 203-9. When to obtain license; renewals; enforcement.

[Amended by Ord. No. 1994-19]

A. All applicants and related entities shall obtain a license prior to conducting any business as set forth in this chapter.

B. All applicants and related entities shall apply for renewals in a timely fashion prior to conducting business in accordance with this chapter.

C. All applicants and related entities who are required to file licenses under this chapter and the renewal thereof who fail to do so in a timely fashion shall be subject to the enforcement powers of this chapter and as set forth in § 203-10 and Chapter 1, §§ 1-5 and 1-6 of this Code.

§ 203-10. Enforcement; violations and penalties.

[Added by Ord. No. 1994-19]

The Chief of Police, any other police officer, the Township Clerk or any other appropriate Township official shall enforce the provisions of this chapter and may do so as follows:

A. Civil action. The Township, through its agents or servants, as set forth in this chapter, may institute or maintain a civil action:

(1) For injunctive relief.

(2) To set aside or invalidate any license issued which should not have been issued in accordance with the chapter.

(3) Which may be brought before the Municipal Court.

B. Violations and penalties. Any person who violates any provision of this chapter, upon conviction thereof, shall be subject to the penalties set forth in § 1-5, Violations and penalties, for each and every offense. A separate violation shall be deemed to be committed on each day during which the violation occurs or continues. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 203-11. License record.

A. The Township Clerk shall keep a record of all licenses issued pursuant to this chapter. The record shall contain the same information as is required by § 203-8 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Council may, by resolution, require.

B. The Clerk shall record therein all convictions for violations of this chapter and other pertinent circumstances and incidents reported by the Chief of Police, other Township officials or other persons.

§ 203-12. Display of license.

When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases, the licensee shall have his or her certificate of license prominently displayed upon his or her person.

§ 203-13. Transferability.

A license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place in cases where the licensed activity is conducted at a fixed location, but only with the approval of the Mayor and Council by resolution.

§ 203-14. Expiration and renewal of licenses.

A. Annual licenses shall expire at 12:00 midnight on December 31 in the year when issued. Where another date has been expressly provided, the license shall expire at 12:00 midnight on the date specified in the license. Applications for the renewal of annual licenses shall be made not later than December 1 of the year of issue.

B. Any license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 203-3 or, in lieu thereof, a sworn written statement setting forth any changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date, or setting forth that there are no such changes. Any new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in this chapter.

§ 203-15. Revocation or suspension of licenses.

[Amended by Ord. No. 1991-1]

A. Causes. Any license or permit issued by the Township may be revoked by the Council after notice and a hearing for any of the following causes:

(1) Fraud or misrepresentation in any application for a permit or license.

(2) Fraud, misrepresentation or other material misrepresentation made in the conduct of the licensed activity.

(3) A violation of any provision of this chapter.

(4) Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person’s offense involving moral turpitude.

(5) Conduct of the licensed activity, whether by the licensee or his or her agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace, a nuisance or a menace to the public health, safety or general welfare.

(6) At any time that any applicant and/or related entity fails to pay taxes for three consecutive quarters, the issuing authority may institute revocation and/or suspension proceedings.

(7) At any time than any applicant and/or related entity, upon certification of the Construction Code Official or Health Officer fails to abate any violation of any regulation with respect to the condition of real property, the issuing authority may institute revocation and/or suspension proceedings, such proceedings to be instituted in accordance with this subsection.

(a) Proceedings under Subsection A(6) and (7) above shall be instituted by the serving of a written notice specifying the grounds for the potential suspension and/or revocation. A hearing shall be scheduled by the issuing authority at which time the applicant and/or related entity shall have the opportunity to present satisfactory evidence that all taxes and assessments have been paid.

(8) Whenever a license has been issued immediately upon application, pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.

(a) In the event the Chief of Police shall determine that there has been a violation, in accordance with the provisions of this section, he or she shall then immediately notify the Township Council of the violation and shall order the licensee to suspend further operation until a hearing, in accordance with the provisions of this section.

B. Notice of hearing. Notice of hearing for the revocation of a license or permit shall be given, in writing, by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based, and the time and place of the hearing, which shall be within 30 days of the notice. It shall be served by delivering it personally to the licensee or by mailing a copy to the licensee at his or her last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.

C. Hearing determination. At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his or her own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his or her own expense. The Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.

D. Reinstatement of revoked or suspended license. The Council may issue another license to a person whose license has been revoked or denied if, after hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise no person whose license has been revoked, suspended or denied, nor any person acting for him/her, directly or indirectly, shall be issued another license to carry on the same activity.

§ 203-16. Rules and regulations.

Every person to whom a license is issued under the terms of this chapter shall be governed by the following rules and regulations:

A. All circulars, samples or other matter shall be handed to an occupant of the property and not left on or about the premises.

B. No person shall enter or attempt to enter the house of any resident in the Township without an express invitation from the occupant of the house.

C. No person shall conduct himself or herself in such a manner as to become objectionable to or annoy an occupant of any house.

§ 203-17. Use of public streets.

No licensee shall have any exclusive right to any location on any public street, nor shall any licensee be permitted a stationery location, nor be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this chapter, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.

§ 203-18. Payment of real estate taxes and other assessments.

[Amended by Ord. No. 1991-1]

A. Payment of taxes and assessments. No permit or license shall be granted, extended or renewed by any issuing authority unless or until satisfactory evidence is produced that the applicant or related entity has fully paid any and all taxes due to the Township from the applicant and/or related entity.

B. Compliance with the codes. No permit or license shall be granted, extended or renewed by any issuing authority until any and all real property owned by the applicant and/or related entity in the Township, regardless of whether same is the subject matter of the permit or license application, complies with the requirements of the Code of the Township or the laws of the State of New Jersey or of the United States pertaining to the condition of the property.

C. Applicability.

(1) This section shall apply to any and all licenses and permits issued or approved by the issuing authority. The provisions of the section shall apply to the real or personal property or activity to which the license has been assigned regardless of the ownership of such property or activity.

(2) The provisions of this section shall apply to the following permits and licenses, and to any other permits and licenses permitted or required to be issued in the future:

(a) Alarm system permits.

(b) Alcoholic beverage licenses.

(d) Billboard permits.

(e) Business licenses.

(f) Certificate of occupancy: zoning.

(g) Coin operated dry-cleaning establishment permits.

(h) Driveway construction permit.

(i) Floodplain permit.

(j) Food and vending machine permits and licenses.

(k) Gold and silver dealer licenses.

(l) Hawkers, peddlers, canvassers and transient merchant licenses or permits.

(m) Individual sewerage disposal permits.

(n) Kennel licenses.

(o) Pet shop licenses.

(p) Retail food establishment licenses.

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

(r) Sign permits.

(s) Soil removal permits.

(t) Street opening and excavation permits.

(u) Swimming pool permits.

(v) Taxicab licenses.

(w) Taxicab driver’s licenses.

(x) Tree cutting permits.

(y) Uniform construction code permits and certificates.

(z) Zoning permits.

§ 203-19. Admittance of authorized inspectors.

Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or other person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the Township who is authorized or directed to make such inspection at any reasonable time that admission is requested.

§ 203-20. Enforcement.

The Chief of Police, any other police officer or the appropriate Township official shall enforce the provisions of this chapter.

Chapter 208. LITTERING

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-10 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 89.

Property maintenance — See Ch. 257.

Stormwater management — See Ch. 303.

Abandoned vehicles — See Ch. 334.

§ 208-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation and consumption of food.

LITTER: Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

[Amended 8-17-2005 by Ord. No. 2005-23]

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.

RECEPTACLE: A container suitable for the depositing of litter.

[Amended 8-17-2005 by Ord. No. 2005-23]

REFUSE: Putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

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.

§ 208-2. Litter in public places.

No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place, or any pond, lake, stream or other body of water within the Township, except in public receptacles or in authorized private receptacles for collection, or in official Township dumps. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

§ 208-3. Sweeping litter into gutters prohibited.

No persons, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street, catch basin or other public place within the Township the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 208-4. Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township, or upon private property.

§ 208-5. Truck loads causing litter.

A. No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

B. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.

§ 208-6. Transportation from outside Township.

No person shall bring, cart, remove, transport or collect any litter from outside the Township, or into the Township, for the purpose of dumping or disposing thereof, unless so authorized by the Township.

§ 208-7. Duties of owners and tenants to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

§ 208-8. Responsibility for providing and maintaining litter receptacles.

A. Litter receptacles shall be required and serviced in the following public places by the proprietors of such places or sponsors of such events:

(1) Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter mile without a receptacle.

(2) Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.

(3) Parks.

(4) Drive-in restaurants.

(5) All street vendor locations.

(6) Self-service refreshment areas.

(7) Construction sites.

(8) Gasoline service stations islands.

(9) Shopping centers.

(10) Parking lots.

(11) Campgrounds and trailer parks.

(12) Marinas, boat moorage and fueling stations.

(13) Boat launching areas.

(14) Public and private piers operated for public use.

(15) Beaches and bathing areas.

(16) At special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.

B. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.

§ 208-9. Storage of waste.

A. Household waste. It shall be unlawful for any residential property owner to store or permit storage of any bulk household waste, including household appliances, furniture and mattresses, in areas zoned residential.

B. Tires. It shall be unlawful for any person, including property owners, occupants and/or lessees, to store or permit the storage of tires in or upon property under their ownership or control.

C. Vehicles. It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn. Editor’s Note: See also Ch. 334, Vehicles, Abandoned.

D. Open or overflowing waste disposal bins. It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.

E. Construction sites. It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractors in charge of a construction site to furnish containers adequate to accommodate flyable and nonflyable debris or trash at areas convenient to the construction areas, and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage of refuse.

§ 208-10. Notice to remove litter.

Police officers of the Township shall notify the owner of any open or vacant private property within the Township, or the agent of the owner, to properly dispose of litter located on the owner’s property which is dangerous to public health, safety or welfare. The notice shall be by registered mail, addressed to the owner at his or her last known address, and shall state the acts to be performed by the owner or tenant, as well as the penalty for failure to comply with the notice.

§ 208-11. Prosecution in Municipal Court; violations and penalties.

A. If the owner or tenant to which notice is sent neglects or refuses to comply with the notice within 10 days of its receipt, the Township of Delran will cause a complaint to be brought against him or her in Municipal Court.

B. This offense is punishable as set forth in § 1-5, Violations and penalties, for each day the violation continues. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 208-12. Exception for compost or manure used for fertilization.

Nothing contained in this chapter shall prevent the accumulation of any compost or manure for fertilization of the soil. In this case, the same shall be stored, kept or placed in conformity with local or state health regulations so that it will not become a nuisance to any person or persons living within the area where such compost or manure is kept or maintained; and provided, further, that all such accumulations must be kept at least 100 feet from any dwelling house or store owned by another occupant.

Chapter 217. NOISE

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-12 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 65.

Animals — See Ch. 80.

Parades — See Ch. 226.

Peddling and soliciting — See Ch. 240.

Taxicabs — See Ch. 317.

§ 217-1. Definitions.

As used in this chapter, 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 chapter, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.

§ 217-2. Noise prohibited.

No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, within the limits of the Township.

§ 217-3. Examples of prohibited noise.

A. Without intending to limit the generality of § 217-2, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:

(1) Horns and signaling devices. The sounding of a horn or signaling device on an automobile, motorcycle, bus or other vehicle, on any street or public place except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or signaling device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time. No person shall use any signaling device except one operated by hand or electricity. The use of any horn, whistle or other device operated by engine exhausts is prohibited. The use of any signaling device when traffic for any reason is held up is prohibited.

(2) Radios, televisions, phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. so that it is clearly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

(3) Loudspeakers; amplifiers for advertising.

(a) The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, with the following exceptions: such sound as may attract attention but which will not disturb the peace, quiet and comfort of the inhabitants, provided such sound is produced or caused to be produced only between the hours of 9:00 a.m. and 12:00 noon and between 2:00 p.m. and 9:00 p.m. in the months of April through September, and between the hours of 9:00 a.m. and 12:00 noon and between 2:00 p.m. and 7:00 p.m. in the months of October through March.

(b) Such sound shall not be audible in any location for a period of longer than five minutes in any hour, except by special permit from the Township Council.

(4) Yelling, shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.

(5) Animals, birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturb the comfort or repose of any person in the vicinity. Editor’s Note: See also Ch. 80, Animals.

(6) Whistles. The blowing of any whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper Township authorities, or as may be required by general law or ordinance.

(7) Exhaust. The discharge into the open air of the exhaust of a steam engine, internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.

(8) Defect in vehicle or load. The use of an automobile, motorcycle or vehicle so out of repair, so loaded or in such manner that it creates loud and unnecessary grating, grinding, rattling or other noise.

(9) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

(10) Construction or repair.

(a) The carrying on of excavation, demolition, construction, repair or alteration work, other than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays; the carrying on of construction, repair or alteration work by a homeowner on his or her own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m.

(b) In the case of urgent necessity or in the interest of public health or safety, the Township Engineer may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, which may be renewed for additional periods of three days, while the emergency continues by the terms of which permit such work may be carried on during the hours specified in the permit.

(11) Schools, courts, churches, hospitals.

(a) The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use, or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.

(b) If the Township Engineer should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.

(c) No work involving the erection, demolition, alteration or repair of any building or the excavation or the movement of any dirt shall be done on Sunday except with a permit which may be granted by the Township Engineer in accordance with the conditions set forth above.

(12) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

(13) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. Editor’s Note: See also Ch. 240, Peddling and Soliciting.

(14) Metal rails, pillars and columns; transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner, so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

(15) Railroad cars and buses, operation thereof. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of railroad cars, locomotives and buses.

(16) Pile drivers; hammers. The operation, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver, steam shovel, bulldozer or other earthmoving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

(17) Blowers. The operation of any hoist-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises.

(18) Outside alarms. Editor’s Note: See also Ch. 65, Alarm Systems. The user of any alarm system emitting an audible or visible response shall, at the time such system is installed, cause to be installed an automatic timing device which shall deactivate such alarm so that it will be activated for no more than 15 minutes. All outside alarms shall be registered in accordance with § 65-2, Information to be filed. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(19) Public sales, taxicabs. Public outcries shall be prohibited at or for any public sale or auction, or to advertise any goods, wares or merchandise for sale, or to attract any attention, or to gain passengers for any cab, taxicab, hack or omnibus.

B. The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

§ 217-4. Exceptions.

Nothing herein contained shall be construed to apply to church bells or chimes or to prohibit playing by a band or orchestra in a hall or building or in the open air.

Chapter 226. PARADES

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-6 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Licensing — See Ch. 203.

§ 226-1. Permit required.

No person shall engage in, form or start any parade in the Township without obtaining a permit from the Council.

§ 226-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PARADE: Any assemblage of 25 or more persons engaged in an organized procession of any duration along a public street or highway following a certain route, whether predetermined or not.

§ 226-3. Application for parade permit.

A person seeking a parade permit shall file an application with the Township Clerk on forms provided by the Township.

A. Filing period. The application shall be filed not less than 30 days nor more than 60 days before the date on which the parade is to be conducted.

B. Contents. In addition to the requirements set forth in Chapter 203, Licensing, the applicant for a parade permit shall set forth the following information:

(1) The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct.

(2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible head of the organization.

(3) The date when the parade is to be conducted.

(4) The route to be traveled; the starting point and the termination point.

(5) The approximate number of people who, and animals and vehicles which, will constitute such parade; the type of animals and description of the vehicles.

(6) The hours when such parade will start and terminate.

(7) The location, by streets, of any assembly areas for such parade.

(8) Any additional information which the Township Council shall find reasonably necessary for a fair determination as to whether a permit should be issued.

C. Late applications. The Council, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 30 days before the date the parade is proposed to be conducted.

D. Fee. At the time of filing, the applicant shall pay a fee, as set forth in § 150-3A.

§ 226-4. Action by Council.

The Council shall act upon the application for a parade permit at the first regularly scheduled meeting of the Council after the filing of the application.

A. Notice of rejection. If the Council disapproves the application, a notice of the action, stating the reason for the denial of the permit, shall be mailed to the applicant within three days of the meeting of Council wherein the application was considered.

B. Alternative permit. The Council, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the Council, file a written notice of acceptance with the Township Clerk. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this chapter.

§ 226-5. Duties of permittee.

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairperson, or other person heading or leading such activity, shall carry the parade permit on his or her person during the conduct of the parade.

§ 226-6. Notification to public.

Upon written notice of the approval of the parade permit, the parade chairperson or other person heading or leading the parade shall be responsible, within five days of the date the parade is to be conducted, to cause to be printed in a daily newspaper with primary circulation in the Township, a proper notification to the general public specifying the time, date, assembly point, route and duration of the parade for which the permit has been granted.

§ 226-7. Public conduct during parades.

A. Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade assembly or with any person, vehicle or animal participating or used in a parade.

B. Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

C. Parking on parade routes. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or highway, or part thereof, constituting a part of the parade route. The Chief of Police shall post signs to this effect, and no person shall park or leave any vehicle unattended in violation thereof. The Chief of Police shall also be empowered to cause the removal by means of a tow truck of any vehicle found to be in violation, when reasonably necessary. All fines that result shall be the responsibility of the owner of the vehicle so parked or left unattended in violation of these provisions.

§ 226-8. Exceptions.

This chapter shall not apply to:

A. Funeral processions.

B. Students going to and from school classes or participating in educational activities, provided such conduct is under the immediate supervision and direction of the proper school authorities.

C. “Victory” parades by students following the conclusion of a sporting event, provided that prior notification is given to and authorization is received from the Chief of Police.

D. A governmental agency acting within the scope of its functions.

Chapter 231. PARKS AND PLAYGROUNDS

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

GENERAL REFERENCES

Alcoholic beverages — See Ch. 71.

Animals — See Ch. 80.

Fees — See Ch. 150.

Graffiti — See Ch. 185.

Littering — See Ch. 208.

Peace and good order — See Ch. 235.

Peddling and soliciting — See Ch. 240.

Trees — See Ch. 328.

§ 231-1. Application of chapter.

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

The rules and regulations promulgated herein shall apply to public parks, playgrounds and recreational areas. As used in this chapter, the wording “permission of Township Administrator” shall mean the Administrator of the Township of Delran or, in his or her absence, the Clerk of the Township of Delran.

§ 231-2. Hours.

[Amended 8-7-2005 by Ord. No. 2005-25; 10-23-2007 by Ord. No. 2007-16]

A. The parks, playgrounds and recreational areas shall be open between the hours of 8:30 a.m. and 7:00 p.m. from October 1 to March 31 of each year and from 8:30 a.m. to 9:00 p.m. from April 1 to September 30 of each year.

B. In the event that the facility is lighted, hours of operation may be altered from time to time by the Recreation Advisory Committee (RAC) when events at such facilities have received a permit from the RAC. In such circumstances, the RAC may extend the hours of operation of the facility, including operation of the lights, until not later than 11:00 p.m. The permit shall state the permitted hours of operation for all such events.

§ 231-3. Prohibited acts.

A. It shall be unlawful for any person on or within any park, playground or recreational area to:

(1) Use threatening, abusive or insulting language.

(2) Do any obscene or indecent act.

(3) Throw stones or other missiles.

(4) Annoy persons.

(5) Interfere with, encumber, obstruct or render dangerous any public way, path, walk, bridge or public place.

(6) Do any act tending or amounting to a breach of the peace.

(7) Climb or stand upon any fence, shelter, seat, bridge railing or support, statue or other erection.

(8) Introduce, carry or fire any firecrackers, torpedoes or fireworks.

(9) Engage in, instigate, aid or encourage a contention or fight.

(10) Assault any person.

(11) Participate in betting, gambling, gaming, or use or operate any slot machine or gaming table or other gambling instrument, or sell fortunes.

(12) Solicit gifts or contributions for any purpose without permission of the Township Administrator.

(13) Possess or consume alcoholic beverages without permission of the Township Administrator.

(14) Be under the influence of intoxicating alcoholic beverages.

(15) Possess, use or be under the influence of drugs, as defined and prohibited by New Jersey statutes.

(16) Give entertainment of any kind, transact business of any kind or hold public meetings or assemblies without permission of the Township Administrator.

(17) Occupy a camp or campground, or sleep overnight, without permission of the Township Administrator.

(18) Sell, vend or give away any articles of merchandise or other matter, or distribute handbills or circulars, without permission of the Township Administrator.

(19) Kindle, build, maintain or use a fire, except in fireplaces provided or in an approved container. All fires shall be completely extinguished before leaving.

(20) Post, paint or affix or erect any sign, advertisement, banner or any other matter for attracting attention without permission of the Township Administrator.

(21) Possess or use guns, knives, slingshots or other dangerous weapons.

(22) Possess or use any explosive material that may cause an explosion when used either alone or in combination with some other material to produce rapid flaming combustion or administer a destructive blow to surrounding objects.

(23) Kill, injure or disturb any animal or bird, or damage any grass, tree, shrub or plant or any building, sign, structure or equipment upon any premises under the jurisdiction of the Township.

(a) The cutting or felling of any trees, limbs or portions of trees is specifically prohibited and subject to the mandatory penalties set forth in § 231-8.

(24) Ride, drive or bring any horse upon or within any park, playground or recreational area.

(25) Allow any dog to run at large. Dogs shall be permitted, provided that they are restrained by a leash not exceeding six feet in length and led or controlled by a person capable of controlling such dog.

(26) Drive or park any motor vehicles, including minibikes, snowmobiles or other power-driven equipment, on or within any park, playground or recreational area without permission of the Township Administrator. Township maintenance vehicles and those of Township officials and employees and emergency vehicles shall be permitted.

(27) Swim, wade or otherwise go into any body of water within the parks, playgrounds and recreational areas of the Township. No power-driven boats of any type shall be permitted on any body of water within the parks, playgrounds and recreational areas of the Township. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(28) Ice skate on any pond, lake or any other body of water, except in designated areas.

(29) Dump, deposit or leave any ashes, paper, boxes, cans, rubbish, waste, garbage or refuse or other trash, or fail to place such materials in a receptacle placed for such purpose.

(30) Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream or other body of water, or in any storm sewer or drain, any substance or thing, liquid or solid which will or may result in the pollution of such waters.

(31) Throw debris on the ice of any lake or pond, or throw debris on any water of any lake or pond.

(32) Dig, trench or excavate by tool, blasting or other means any earth or other materials from the area.

(33) Smoking will be prohibited at the following parks: Stewart Avenue Park, Conrow Park, Princeton Park, Mulberry Street Park and Ohio State Park.

[Added 9-28-2004 by Ord. No. 2004-17]

§ 231-4. Parental responsibility.

No parent, guardian or custodian of any minor shall permit or allow such minor to do any act prohibited by this chapter.

§ 231-5. Permits for special use; fees.

A. Group use; permit required. Organizations desiring to use park facilities on a group basis shall make application, in writing, to the secretary of the Recreation Advisory Committee at least 30 days prior to the date desired. Applications shall be available at the Delran Municipal Building or from the secretary of the Recreation Advisory Committee. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Application for permit. Any person seeking issuance of a permit hereunder shall file an application stating:

(1) The name and address of the applicant.

(2) The name and address of the sponsor of the activity.

(3) The day and hours for which the permit is desired.

(4) The part or portion of the park for which the permit is desired.

(5) An estimate of the anticipated attendance.

(6) The particular use for which the area is sought.

(7) Any other information upon which the Recreation Advisory Committee feels is reasonably fair to make a determination as to whether or not the permit should be issued.

C. Standards for issuance. The Recreation Advisory Committee or the Township Clerk, as applicable, shall issue a permit when it or he or she finds the following:

(1) That the proposed activity or use of the park area will not unreasonably interfere with or detract from the general public enjoyment of the area.

(2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety or recreation.

(3) That the proposed activity and use is not reasonably anticipated to incite violence, crime or disorderly conduct.

(4) That the proposed activity will not entail unusual, extraordinary or burdensome expense by the Police Department or other agency of the Township.

(5) That the facilities desired have not been otherwise reserved for the same day and hour previously under another application.

D. Approval; denial.

(1) Within five days after receipt of an application, the permit shall either be approved or the applicant advised in writing of the reasons for refusing the permit.

(2) The applicant shall have the right to appeal, in writing, within five days, to the Mayor and Council, which body will then consider the application under the standards set forth in this section, and shall sustain or overrule the permit denial, or grant the permit upon conditions.

(3) The appeal shall be heard at the next Council meeting for determination, provided same shall be at least five days after the filing of the appeal.

(4) The Recreation Advisory Committee shall have the right to refuse or cancel the use of any facility to organizations or individuals for reason of repair, construction or other reasons that may be detrimental to the care and upkeep of the area.

E. Liability; revocation of permit.

(1) All persons receiving a permit shall be bound by all park rules and regulations and all applicable ordinances fully, as though the same were inserted in such permits.

(2) The person to whom a permit shall be issued shall be liable for any loss, damage or injuries sustained by any person whatsoever by reason of the negligence of the person to whom such permit shall have been issued, or of their members or guests.

(3) The issuing authority may revoke a permit upon the finding of any violation of any rule, ordinance or upon good cause shown.

F. Liability insurance. Organizations utilizing park areas must present proof of liability insurance, covering injuries to participants during the period the facility is being used, in amounts as determined by the Recreation Advisory Committee based upon probable risk.

G. Care of area. Organizations utilizing facilities are responsible for the care of equipment and grounds utilized and the cleaning of the area at the completion of the event.

H. Traffic control. Organizations utilizing park areas will be responsible for the coordination of traffic control and parking with the Township Police Department.

I. Alcoholic beverages. The use of alcoholic beverages by an organization may be permitted by the Township Administrator.

J. Use of baseball fields. The use of posted baseball fields will be by permit issued by the Recreation Advisory Committee.

K. Lighting; fees. In the event that the facility being utilized is lighted, then the organization utilizing such facility shall be required to pay the cost of the lighting, as established by the Township Council, and such fees shall be based upon the actual projected cost of the lighting, considering past experience, energy rates and such other factors as may be deemed advisable by Council, including, but not limited to, maintenance cost.

§ 231-6. Fees.

Fees for the utilization of Township recreational facilities by individual and/or organizations shall be as set forth in § 150-3C. Such fees shall be based upon the actual projected cost of the operation, considering past experience, and shall be in an amount that shall be deemed sufficient to operate such facilities and not to produce a revenue profit. Editor’s Note: Original Sec. 5-7, Regulations governing Lake Lonnie, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 231-7. Enforcement.

The provisions, prohibitions and requirements of this chapter shall be enforceable by state and Township police and supervisory personnel designated by the Director of Public Works.

§ 231-8. Violations and penalties.

Any person who shall cut or fell any trees or part thereof shall be subject to a minimum fine of no less than $250. Any person who shall violate any other provision of this chapter shall be subject to the penalty as set forth in § 1-5, Violations and penalties, of this Code.

Chapter 235. PEACE AND GOOD ORDER

[HISTORY: Adopted by the Township Council of the Township of Delran as Secs. 4-14.1 to 4-14.9 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 71.

Curfew — See Ch. 123.

Drug-free zones — See Ch. 134.

Firearms and fireworks — See Ch. 157.

Graffiti — See Ch. 180.

Littering — See Ch. 208.

Noise — See Ch. 217.

Parks and playgrounds — See Ch. 231.

Property maintenance — See Ch. 257.

Abandoned vehicles — See Ch. 334.

§ 235-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

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.

§ 235-2. Begging.

No person shall go about from door to door or place himself or herself in streets, highways or passages to beg or solicit alms or charity; nor wander abroad and beg or solicit charity under pretense of being or having been soldiers, marines or seafarers or of having suffered loss by fire or other casualty, or by war or other pretense or thing.

§ 235-3. Public intoxication; public offensive language; obstruction of public passage; fighting and violent behavior.

[Amended by Ord. No. 1995-20; 8-26-2008 by Ord. No. 2008-7]

Disorderly persons offenses, such as public intoxication, public offensive language, obstruction of public passage and fighting or other violent behavior, shall be charged and prosecuted pursuant to the applicable provisions of N.J.S.A. 2C:33-1 et seq. It is the policy of the Township of Delran that persons comport themselves in accordance with the law and that these provisions shall be uniformly enforced within the Township.

§ 235-4. Dumping.

Editor’s Note: See also Ch. 334, Vehicles, Abandoned. No person shall dump any abandoned automobile, automobile parts or other junk on or upon any open fields or other private or public property without first obtaining the permission of the owner of such property.

§ 235-5. Disturbances or noise in public libraries.

No person shall, by noisy or disorderly conduct in a public library or reading room, disturb or interrupt the quiet and good order of those who resort to and use such library or reading room for reading or study.

§ 235-6. Disturbance in schools.

No person shall enter the building or go upon the lands belonging to a public school district or used and occupied for school purposes by a public school, and break, injure or deface such building, or any part thereof, or the fences belonging to or connected with such building or lands, or disturb the exercises of the school, or molest or give annoyance to the children attending such school or any teacher therein.

§ 235-7. Public disrobing or indecent exposure.

No person on any public street, road or avenue or in any park or other public place shall disrobe or make any indecent exposure of his or her person, commit or do any lewd or indecent act or behave in a lewd or indecent manner.

§ 235-8. Disrobing in vehicles.

No person shall disrobe in any automobile, truck or other vehicle while the same is on any public street, road or avenue or in any park or other public place.

§ 235-9. Maintaining disorderly premises.

No person shall permit any house, shop, store or other building or structure owned or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons, or by prostitutes, gamblers or vagrants engaged in such respective pursuits.

§ 235-10. Interference with operators of vehicles.

No person who is a passenger in any automobile or other motor vehicle shall act in a rough, unruly or boisterous manner, thereby interfering with or distracting the attention of the operator of such automobile or other motor vehicle and endangering the safe and proper operation thereof. Editor’s Note: Original Sec. 4-14.10, Playgrounds and recreation places, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Chapter 240. PEDDLING AND SOLICITING

[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.

Garage sales — See Ch. 180.

Licensing — See Ch. 203.

Littering — See Ch. 208.

Noise — See Ch. 217.

Precious metals and gems — See Ch. 252.

Article I. Peddlers, Hawkers, Canvassers and Solicitors

[Adopted as Sec. 6-2 of the 1993 Revised General Ordinances]

§ 240-1. License required.

It shall be unlawful for any person to conduct, engage in or carry on any business, trade, occupation or activity, as enumerated in this article, within the Township, without having first complied with the provisions of this article and obtained a license therefor in accordance with the application procedures set forth in Chapter 203, Licensing.

§ 240-2. Definitions.

When used in this article, the following terms shall have the following meanings:

APPLICANT: Any person who applies for a license in accordance with the terms and provisions of this article.

CANVASSER or SOLICITOR: A person, whether a resident of the Township or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, to take or attempt to take orders for sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale, and whether or not he or she accepts any advance payment for the goods. Any person taking a poll or a survey from house to house or on the streets, or distributing advertisements or handbills is included. This shall not include wholesalers calling on retail merchants.

ITINERANT MERCHANTS, TRANSIENT VENDORS: A peddler, hawker, solicitor, canvasser or junk dealer, as defined herein.

LICENSEE: Any person who has applied for, has been issued and holds a license in accordance with the terms and provisions of this article.

MERCHANDISE: Includes, but is not limited to, food, fruit, vegetables, farm products, magazines, periodicals, all kinds of articles of personal property for domestic use and orders or contracts for home improvements or alterations.

NONPROFIT VENDOR: A person who sells goods, the proceeds of which are devoted exclusively to the purposes of a philanthropic, charitable or religious society on whose behalf he or she acts as agent, with or without pay.

PEDDLER: Any person, whether a resident of the Township or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting merchandise, offering and exposing the same for sale, or making sales and delivering articles to purchasers. “Hawker,” “huckster,” “solicitor,” “canvasser,” “junk dealer” and “vendor” shall also be included in this definition.

§ 240-3. Fee.

Each applicant under this article shall pay a fee as set forth in § 150-3A for such license, which shall be prorated from the first day of the month of issue.

§ 240-4. Duration of license; nontransferability.

A. Every license shall remain in force and be valid only for the time therein expressed, not to exceed one year, and shall apply only to the person or persons to whom granted and shall not be transferable.

B. If not otherwise set forth, such license shall expire on December 31 of each year. Licenses may be renewed upon the expiration of their term.

§ 240-5. Bond.

Prior to the issuance of any license or permit to any licensee, the prospective licensee shall file with the Township Clerk a bond to the Township in the amount of $1,000. Such bond shall be executed by the proposed licensee, as principal, and a surety company licensed to do business in the State of New Jersey. The bond shall be in accordance with and for the purposes provided in N.J.S.A. 45:24-5 and shall remain in force for the term of the license and shall be conditioned as follows:

A. To indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this article and Chapter 203, Licensing, and to indemnify or reimburse any purchaser of personal property from the licensee in a sum equal to at least the amount of any payment the purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property, whether the misrepresentations were made by the licensee or the licensee’s agents, servants or employees, either at the time of making the sale or through any advertisement printed or circulated with reference to such personal property, or any part thereof.

B. The aforesaid bond shall be declared forfeited, upon proof of falsification in the application for a license.

C. The bond shall be forfeited upon proof of the violation of any of the sections herein by the licensee or the licensee’s agents, servants or employees.

§ 240-6. Issuance of badge.

A. The Township Clerk shall issue to each licensee at the time of delivery of his or her license a badge which shall show the nature of the license in letters and figures easily discernible from a reasonable distance, and shall have affixed thereto a photograph of the licensee. Such badge shall be worn constantly by the licensee on the front of his or her outer garment in such a way as to be visible to a person facing him or her during the time such licensee is engaged in peddling or soliciting.

B. The badge shall be deposited with the Police Department at the conclusion of each day’s activities.

§ 240-7. Hours of soliciting.

No person shall solicit before the hour of 8:00 a.m. or after 8:00 p.m.

§ 240-8. Fruits, vegetables and farm products.

All licensees who offer to sell, display for sale or deliver fruits, vegetables or other farm products from any vehicles which are wholly or in part open on any of the sides thereof shall, at all times, keep all such produce covered with satisfactory materials in order to avoid and eliminate the accumulation of flies or any other insets from alighting around or upon any such produce.

§ 240-9. Seafood, meats, poultry or dairy products.

All licensees offering for sale, displaying for sale, selling or delivering seafood, meats, poultry or dairy products shall transport it solely in refrigerated vehicles. All such products shall remain in the refrigerated portion of the vehicle at all times during the time of sale or delivery. The refrigerated portion, while in use, shall be maintained at a properly low temperature to completely safeguard all such products, from a health and sanitary standpoint, to the fullest reasonable extent possible for the safety and welfare of the public.

§ 240-10. Waste material regulations.

No licensee shall, at any time, permit any debris, waste materials, rotting produce or merchandise of any kind or any unfit produce to remain in or upon their vehicle, unless it is contained in a metal leakproof container having a properly fitted metal cover on the container.

§ 240-11. Merchandise vehicle regulations.

No licensee shall sell or attempt to sell any articles to pedestrian or vehicular traffic, other than when his or her vehicle is properly parked immediately adjacent to the curb of a public street in a permitted locality. Such licensee shall at no time double park when dealing with any of his or her trade and in no event shall transact any of his or her business operations other than on the curb side of his or her vehicle.

§ 240-12. Debris.

No licensee shall at any time permit any waste materials, parts of produce or any other merchandise to remain in or upon any street, roadway, curbs or walks, and shall at all times remove any such debris that may have fallen from his or her vehicle. Such litter shall be immediately placed in the metal containers, as hereinabove provided.

§ 240-13. Sale of merchandise.

All sales of any merchandise by any licensee shall, at the time of the sale, be placed in bags or other like suitable containers when such merchandise is handed to the customer.

§ 240-14. Eating of merchandise.

The licensee shall prohibit, as reasonably as possible, the eating of any merchandise directly from his or her vehicle.

§ 240-15. Compliance with regulations.

All licensees, while carrying on their permitted business, shall fully comply at all times with all of the terms, covenants and conditions of this article, all other applicable Township ordinances and all other applicable state laws, regulations or provisions pertaining thereto, and particularly, but not in limitation thereof, that may deal with provisions of health, safety and general welfare.

§ 240-16. Inspection of vehicle.

A. Before a licensee uses a vehicle or mode of transportation in furtherance of his or her permitted business, the licensee shall submit such vehicle to the Township health officer for inspection and approval relative to compliance with this article and shall, whenever requested during the term of the license, submit his or her vehicle for reasonable reinspection for such purpose.

B. No vehicle or mode of transportation shall be used by any licensee unless it has been approved for use by the health officer. The written approval shall remain in and upon the vehicle at all times and shall be shown by the operator to any member of the Township Police Department, any official of the Township or any member of the public, upon request.

§ 240-17. Wholesale transactions.

The terms of Chapter 203, Licensing, and of this article shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, and nothing contained herein shall be held to prohibit any sale required by statute or by order of any court.

§ 240-18. Inspection of equipment.

The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.

§ 240-19. Prohibited actions.

No licensee shall:

A. Call attention to his or her business or to his or her merchandise by crying out, blowing a horn or by any other loud or unusual noises.

B. Conduct, or attempt to conduct, his or her business at any residence or on any property on which is posted a sign expressly prohibiting such activity.

C. Conduct, or attempt to conduct, his or her business within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor during such times shall he or she permit his or her cart, wagon or vehicle to stand on any public highway within such distance of any school property.

D. Allow any other person to use the license issued hereunder.

§ 240-20. Exemptions.

The provisions of this article shall not apply to the following:

A. Anyone who solicits any votes as support for a bona fide political candidate seeking office.

B. Any person honorably discharged from the military services of the United States possessing a peddler’s license issued in conformity with N.J.S.A. 45:24-9 et seq.

C. Any person who is an exempt firefighter of a volunteer fire department, as defined by N.J.S.A. 45:24-9 et seq., possessing a license in conformity with the law.

D. Any person engaged in the delivery of goods, wares, merchandise or other articles or things in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.

E. Those persons under 18 years of age, soliciting for charitable purposes.

F. Federal census takers and polls or surveys taken pursuant to federal, state or local laws.

G. Any school, political or civic organization, benevolent society, service club or organization not-for-profit which is located in, or has a substantial membership from, the Township, except that prior written Township Council approval to solicit shall be required.

Article II. Charitable Solicitations

[Adopted as Sec. 6-4 of the 1993 Revised General Ordinances]

§ 240-21. Definitions.

For the purpose of this article, the following terms shall have the meaning set forth:

CHARITABLE and PHILANTHROPIC: Patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.

CONTRIBUTIONS: The giving of alms, food, clothes, money subscriptions, pledges or property of any nature or kind.

SOLICIT and SOLICITATION: The request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.

§ 240-22. Permit required; exemption.

No person or organization shall solicit charitable or philanthropic contributions within the Township without first obtaining a permit authorizing such public solicitations; provided that the provisions of this article shall not apply to any established person or organization authorized and not operated for the pecuniary profit of any person if the solicitations by such person or organization are conducted among the members thereof, or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such person or organization.

§ 240-23. Application for permit; investigation.

A. Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Township Clerk upon forms provided by the Township.

B. An investigation of the application shall be made by the Chief of Police to determine that the person or organization is bona fide. Upon making such determination, the Chief of Police shall notify the Township Clerk.

§ 240-24. Issuance of permit; fee.

Upon authorization of the Township Council, the Clerk shall issue a license for the conduct of activities under this article. There shall be no fee for a permit issued hereunder.

§ 240-25. Calendar of solicitations.

The Township Clerk shall keep a current calendar of approved solicitations to be conducted within the Township. The Clerk may propose alternate dates for a solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the Township.

§ 240-26. Duration of permit.

No permit may grant the right to solicit for a period longer than 90 consecutive days.

§ 240-27. Written receipts required.

A. Any person or organization receiving money from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt, signed by the solicitor, showing the date and the amount received.

B. This section shall not apply to any contribution collected by means of a closed box or receptacle used in the solicitation where the use thereof has been approved by the Township Council, where it is impractical to determine the amount of each contribution.

§ 240-28. Hours and days of solicitation.

All solicitations conducted under the authority of this article shall take place between the hours of 10:00 a.m. and 6:00 p.m. No solicitations shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on their application, and this special request shall be approved or disapproved by the Township Council. If approval is given by the Township Council for the solicitation to be conducted at other than the hours stated in this article, the approval shall be plainly stamped on the permit issued by the Township Clerk.

Chapter 246. POOLROOMS AND BILLIARDS

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-10 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 71.

Amusements and amusement devices — See Ch. 76.

Fees — See Ch. 150.

Licensing — See Ch. 203.

§ 246-1. License required.

No person shall conduct a billiard room, poolroom or combination thereof, or such other place where the business of playing billiards or pool is conducted for gain, reward or profit, without first having obtained a license for that purpose in accordance with the provisions of this chapter as herein set forth.

§ 246-2. Application for license.

An application for such license shall be made to the Township Clerk in accordance with the provisions of Chapter 203, Licensing, and, in addition to the information required therein, shall specify the approximate size and the type and nature of the building and the structure, the number of tables to be licensed and such other information and data which by the rules and regulations of the Council or the Township Clerk shall be considered pertinent.

§ 246-3. License fee.

The annual fee for the license shall be as set forth in § 150-3A.

§ 246-4. Location restriction.

No license shall be issued to conduct the business of billiard rooms or poolrooms within 500 feet of any school, library or church premises.

§ 246-5. View of premises required.

Every licensed poolroom or billiard room, or combination thereof, shall allow the interior thereof to be viewed from the entrance to licensed premises, provided that a curtain or other means of screening may be used on windows or doors of the premises to a height of five feet from the floor of the premises; provided that the screening shall not obstruct nor prevent the view or examination of the interior of the premises by a police officer or any inspection by any other officer of the law.

§ 246-6. Complaints; suspension or revocation of license.

A. A complaint may be filed by any interested citizen or by a member of the Police or Fire Department if the complainant has reason to believe that a violation of this chapter exists in any premises licensed in accordance with this chapter.

B. The license issued hereunder may be suspended or revoked by the Council upon a hearing to be held after notice to the licensee.

§ 246-7. Exemptions.

This chapter shall not apply to any duly authorized church or to any bona fide veterans’, charitable, educational, religious, civic or fraternal organization, provided that such organization is organized on a nonprofit basis and does not have a plenary retail consumption license issued by any alcoholic beverage control board.

§ 246-8. Holders of alcoholic beverage license.

The provisions of § 246-3 shall not apply to alcoholic beverage license holders. Such license holders shall pay the fee set forth in § 150-3B.

Chapter 252. PRECIOUS METALS AND GEMS

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-3 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 150.

Licensing — See Ch. 203.

Peddling and soliciting — See Ch. 240.

§ 252-1. Purpose.

The Township Council hereby finds that there is a need to regulate and control the buying and selling of gold, silver and precious or semiprecious gems in order to prevent the easy disposal of items which have been unlawfully obtained as a result of crime, while protecting and recognizing the legitimate businesses which are engaged in buying and selling of gold, silver and precious or semiprecious gems.

§ 252-2. Definitions.

The following definitions shall apply to terms used within this chapter, unless the context requires otherwise:

BUYER: Any person who, through any means, buys gold, silver, precious or semiprecious metals or gems.

DEALER: Any person who, through any means, buys or sells gold, silver, precious or semiprecious metals or gems, and includes anyone advertising the purchase or sale of any of the aforementioned items.

GOLD: Any article or product with a gold content, without regard to the fineness thereof.

MINOR: Any person under the age of 18 years.

PRECIOUS OR SEMIPRECIOUS GEM: Includes, but is not limited to, those categories known as diamonds, rubies, pearls, sapphires, and is commonly called a jewel.

PURCHASE: Includes, but is not limited to, any exchange of gold, silver, or any precious or semiprecious gem for anything of value. A payment need not be made by way of money in order to constitute a “purchase” for the purposes of this chapter.

REGULATED ACTIVITY: The purchase of any used item containing gold or silver, or any precious or semiprecious gem, for subsequent resale purposes and not for personal use.

SELLER: Any person who, through any means, sells gold, silver, precious or semiprecious metals or gems.

SILVER: Any article or product with a silver content, without regard to the fineness thereof.

USED ITEM CONTAINING GOLD OR SILVER: Any items containing gold or silver previously sold or transferred to a consumer for the personal use or enjoyment of such consumer.

§ 252-3. License required.

No person shall engage in a regulated activity, as defined above, without having first obtained a license therefor from the Township Clerk, which license shall bear a number issued by the Township Clerk, and shall be prominently displayed within the licensed premises. The requirement of a license shall apply to the business entity and to any individual employee who engages in a regulated activity on behalf of a business entity.

§ 252-4. License fee.

At the time of filing the application for a license, a license fee, as set forth in § 150-3A, shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee, as set forth in § 150-3A, for each employee who is to be licensed. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be as set forth in § 150-3A.

§ 252-5. License valid for one place of business only.

No person licensed as a dealer in the Township shall, by virtue of one license, keep more than one place of business for receiving or taking goods.

§ 252-6. Doing business at place not covered by license.

No dealer shall, at any time, do business at any place other than the place for which the license was granted.

§ 252-7. Record of transactions; photographs.

A. Every licensee shall issue to the seller and keep for his or her own records, for not less than one year, a serialized receipt for each purchase of gold, silver, or precious or semiprecious gems, containing the following:

(1) The name and address of the buyer.

(2) Date of the transaction.

(3) The names of the precious metals purchased.

(4) The fineness of the precious metals purchased.

(5) The weights of the precious metals purchased.

(6) The prices paid for the precious metals at the standard measures of weight and fineness.

(7) The name, address and signature of the seller.

(8) The driver’s license number of the seller.

B. The buyer shall also cause a photograph to be taken of the seller and of the merchandise being purchased. The photograph of the seller shall be such that facial features are clearly recognizable. The photograph of the merchandise shall be such that it can be readily identified and all markings are distinguishable. The buyer shall retain the photographs with his or her records and attach them to the serialized receipts, all of which shall be available for inspection by any police officer upon request during normal business hours, or otherwise in the event of an emergency.

§ 252-8. Transactions involving minors.

A licensee shall not accept or buy any gold, silver, precious or semiprecious gems from any person under the age of 18 years unless such minor is accompanied by a parent or guardian and such parent or guardian gives specific written consent to the transaction and acknowledges the receipt required by the buyer to be given to the seller.

§ 252-9. Minimum retention of articles.

No dealer shall sell any articles until the same have been in the possession of the dealer at the licensed location for at least seven days. This provision shall apply only to used items containing gold, silver, or precious or semiprecious gems and shall not apply to any items purchased from a recognized jewelry supplier with whom the buyer deals on a regular basis.

Chapter 257. PROPERTY MAINTENANCE

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

GENERAL REFERENCES

Substandard Housing Committee — See Ch. 48.

Brush, grass and weeds — See Ch. 89.

Numbering of buildings — See Ch. 95.

Unfit buildings — See Ch. 100.

Uniform construction codes — See Ch. 118.

Fire prevention — See Ch. 162.

Graffiti — See Ch. 185.

Littering — See Ch. 208.

Streets and sidewalks — See Ch. 306.

Abandoned vehicles — See Ch. 334.

Article I. Property Maintenance Code of the Township

[Adopted by Ord. No. 1988-3 (Sec. 131-1 of the 1993 Revised General Ordinances)]

§ 257-1. Title.

This article shall be known as the “Property Maintenance Code of the Township of Delran” and may be referred to as the “Property Maintenance Code.”

§ 257-2. Purpose; interpretation.

A. The purpose of this code is:

(1) To protect the public health, safety and welfare by establishing minimum standards for the maintenance of such premises.

(2) To fix responsibilities and duties upon owners, operators and occupants.

(3) To authorize and establish procedures for the inspection of properties.

(4) To fix penalties for the violations of this code.

(5) To provide for the right to access to permit repairs when necessary.

B. This code is hereby declared to be remedial and essential for the public interest, and it is intended that this code be liberally construed to effectuate the purpose as stated herein.

§ 257-3. Definitions.

The following terms, wherever used herein, shall have the following meanings, unless a different meaning clearly appears from the context:

EXTERIOR OF PREMISES: Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto and including all signs and fences, as well as the open land space of any premises which may be unimproved by any building or structure.

NUISANCE

A. Any public or private condition that would constitute a nuisance according to the statutes, laws or regulations of the State of New Jersey, its governmental agencies or the ordinances of the Township.

B. Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where such condition exists.

OCCUPANT: Any person residing, living or sleeping on or on the premises or having actual possession, use or occupancy of a dwelling, premises or rooming unit, or any person or entity in possession of or using any premises, or part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession, use or occupancy.

OPERATOR: Any person, persons or entity, not the owner, who has charge, care or control of a dwelling or premises, or a part thereof, with or without the knowledge, consent or authority of the owner.

OWNER: Any person, persons or entity, who shall have legal or equitable title in any form whatsoever to any premises, or part thereof, with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure, or part thereof, as owner or agent of the owner or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purpose of this chapter and shall have responsibility over the portion of the premises so sublet, leased or assigned.

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

PREMISES: One or more lots, plots or parcels of and/or rights-of-way, including the buildings or structures which may exist thereon.

REFUSE or RUBBISH: All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including, but not limited to, garbage, trash, ashes, paper, paper goods and products, wrappings, cans, bottles, containers, yard clippings, garden waste, debris, junk, glass, boxes, crockery, wood, mineral matter, plastic, rubber, leather, furniture, household goods, appliances, bedding, scrap lumber, scrap metal, construction material, inoperable machinery or parts thereof, garden or farming implements and supplies, dead or rotting vegetation, tires, abandoned, inoperative or unusable automobiles and vehicles and solid commercial or industrial waste.

STRUCTURE: A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

§ 257-4. Compliance required.

All premises situate in the Township shall comply with the provisions of this chapter, whether or not any building or structure thereon shall have been constructed, altered or repaired before or after the enactment hereof and irrespective of any permits or licenses which may have been issued for the use or occupancy of any building or structure, or for the installation or repair of equipment or facilities prior to the effective date hereof.

§ 257-5. Higher standard to prevail.

In any case where the provisions of this chapter impose a higher or stricter standard than set forth in any other ordinance or regulation of the Township or under the laws or regulations of the State of New Jersey or any of its agencies, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower or lesser standard than any other regulation or ordinance of the Township or of the laws and regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any such other ordinance, regulation or law shall prevail.

§ 257-6. Effect on compliance with other ordinances.

Compliance with this chapter shall not constitute a defense against any violation of any other ordinance of the Township applicable to any premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this chapter.

§ 257-7. Joint and concurrent liability of owners, occupants and operators.

Owners, occupants and operators shall all have the duties and responsibilities prescribed in this chapter, and no owner, operator or occupant shall be relieved from any such duty and responsibility, nor be entitled to defend against any charge or violation thereof, by reason of the fact that another person is also responsible therefor under this chapter.

§ 257-8. Compliance with uniform construction code.

Any alterations to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this chapter shall comply with all applicable provisions of the uniform construction code and any other applicable regulations, ordinance or law of the Township, county or state.

§ 257-9. Effect on land use ordinances.

Nothing contained in this chapter, or any requirement or compliance herewith, shall be deemed to alter, impair or affect the application of the land use ordinances of the Township to the premises in question.

§ 257-10. Existing remedies.

Nothing in this chapter shall be deemed to abolish or impair existing remedies of the Township, its officers or agencies, relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.

§ 257-11. Duties of owners, operators and occupants.

In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner, operator or occupant of premises to comply with any or all of the requirements and standards of this chapter, to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.

§ 257-12. General maintenance standards.

[Amended by Ord. No. 1995-19]

A. Scope. The provisions of this chapter shall govern the minimum conditions for maintenance of all premises. All structures in the Township shall comply with the conditions herein prescribed insofar as they are applicable.

B. Responsibility of owners, occupants and operator.

(1) All owners, occupants and operators shall have a duty to keep the premises for which they are responsible under this chapter structurally sound, in good general repair and sufficiently maintained so as to prevent and avoid conditions that violate this chapter.

(2) It shall be a violation of this chapter for a person to occupy as owner-occupant, or to permit another to occupy or use premises which do not comply with the requirements of this chapter.

(3) All premises shall be maintained in a clean, safe, secure and sanitary condition, as provided herein, so as not to cause a blighting problem or adversely affect the public health or safety.

C. Paved areas and driveways. All driveways in the Township shall comply with the provisions of Chapter 306, Street and Sidewalks, of this Township Code. All such driveways shall be kept in good repair, shall be properly maintained and kept free of all litter and debris. In addition, in commercial and industrial areas, all driveways, parking areas, loading areas or other paved areas intended for or used by vehicular traffic shall be paved by bituminous concrete or equivalent surfacing material and shall be kept in good repair and free of all litter and debris.

D. Traffic safety maintenance. All traffic flow and control signs, whether painted on pavement or vertical structures, shall be properly maintained in a functional condition. Bent and leaning sign poles shall be replaced or straightened. Painted directional and parking bay strips shall be maintained in a readable condition. Bent and broken traffic control guardrail and fencing shall be replaced.

E. Litter and maintenance of solid waste disposal facilities. All industrial and commercial sites shall be kept free from noticeable accumulation of paper and solid waste debris. Common refuse storage areas shall be kept in a clean and repaired state, in full conformance with the site plan provisions for such facilities.

F. Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.

G. Noxious weeds. All areas shall be kept free from weeds or plant growth which is noxious or detrimental to the public health and welfare or creates an eyesore.

H. Trash dumpsters.

(1) Garbage or trash dumpsters shall not be maintained in front yards unless permitted by site plan approval from the Planning Board or Zoning Board of Adjustment for temporary construction or renovation purposes.

(2) No person shall dump trash or debris in a private dumpster of a commercial or industrial business without the express written consent of the business owner or his designee.

I. Parking of vehicles.

[Amended 10-5-2005 by Ord. No. 2005-31]

(1) In residential zone districts and upon all properties used for residential purposes, in whole or in part, parking spaces shall be on paved or gravel driveways, constructed, installed and located pursuant to the provisions of Chapter 355, Zoning, and other applicable codes, rules and regulations of the Township. Parking for motor vehicles on areas other than paved or gravel driveways is prohibited, except for the purpose of temporary emergency or necessity, not to exceed a period of 24 hours.

(2) In all nonresidential districts and upon all properties used for nonresidential purposes, in whole or in part, parking spaces shall be on paved or gravel driveways, parking areas, or surfaces, constructed, installed and located pursuant to an approved site plan and the provisions of Chapter 355, Zoning, and other applicable codes, rules and regulations of the Township. In no event shall any vehicle be parked in any exterior location other than one approved for parking as indicated by the approved site plan except in the case of a temporary emergency or necessity, not to exceed one twenty-four-hour period in any ninety-day period. No vehicles shall be stored except at an approved vehicle storage facility. Inoperable vehicles, unregistered vehicles, or vehicles awaiting repairs or service shall not remain parked in any exterior location for more than seven consecutive days in any ninety-day period except at a vehicle storage facility specifically approved for such purpose, provided that this prohibition shall not apply to vehicles displayed for sale at a duly approved and licensed new or used vehicle sales facility, provided such vehicles are parked on approved spaces.

J. Maintenance of existing landscaping. Properties with landscaping, lawns, hedges and bushes shall be kept from becoming overgrown and unsightly where exposed to public view and from becoming a blighting factor for adjoining properties.

K. Maintaining exterior premises. The exterior of every structure or accessory structure, including signs and fences, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the Township be protected from blighting influences.

L. Replacement of sidewalk and curbs shall be the responsibility of the property owner. In the event that the Township determines to reconstruct a road and sidewalks and curbs existed prior to the reconstruction, the Township may replace the sidewalk and curb at the time of reconstruction.

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

§ 257-13. General maintenance.

The exterior of all premises shall be kept free of the following materials or conditions:

A. Refuse.

B. Rubbish.

C. Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.

D. Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.

E. Structurally unsafe or unsound buildings, structures or fences, or parts thereof.

F. Animal excrement piles or manure piles within 100 feet of a property line.

G. Buried refuse or rubbish.

H. Stagnant surface or ground water accumulations which create, or are likely to create, mosquito or other insect breeding areas.

I. Nuisances.

J. Vehicles, or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of visible disrepair, contrary to the provisions of Chapter 334, Vehicles, Abandoned.

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

K. Dangerously loose and overhanging objects, including, but not limited to, dead trees or tree limbs, accumulations of ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.

L. Broken glass or windows, or rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior component parts of buildings or structures.

§ 257-14. Enforcement.

The provisions of this chapter shall be enforced by an enforcement officer, as designated by the Mayor, with the assistance of the Police Department and others, as needed.

§ 257-15. Snow and ice removal.

A. Responsibility of owner, occupant and operator. The owner, occupant and operator of premises abutting or bordering upon any street in the Township shall remove all snow and ice from the abutting sidewalks of such streets and from any fire hydrant located on the property, or in the case of ice which may be so frozen as to make removal impractical, shall cause the same to be thoroughly covered with sand or ashes, within 12 hours of daylight after the same shall fall or form.

B. Primary responsibility. In case a building is occupied by more than one family or business unit, then the occupant of the first floor thereof shall be required to remove all snow and ice as set forth in Subsection Aabove.

C. Depositing snow on streets or sidewalks. No person shall throw, place or deposit any snow into or upon the sidewalk, streets or fire hydrants of the Township.

§ 257-16. Violations and penalties.

A. Any person or entity who shall violate any of the provisions of this chapter, or any order promulgated hereunder, shall, upon conviction, be punished as follows:

(1) For a first conviction, by a fine not to exceed $100.

(2) For a second conviction, by a fine not to exceed $250.

(3) For a third conviction or any subsequent offenses, by such a penalty or penalties as are set forth in § 1-5, Violations and penalties, of this Code.

B. Each violation of any of the provisions of this chapter, and each day that each such violations shall continue, shall be deemed to be a separate and distinct offense.

Article II. Adoption of International Property Maintenance Code

[Adopted 7-26-2005 by Ord. No. 2005-21]

§ 257-17. Adoption of Code by reference.

That a certain document, three copies of which are on file in the office of the Township Clerk and Construction Code Official of the Township of Delran, being marked and designated as the International Property Maintenance Code, 2003 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Delran, in the State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 257-18 of this article.

§ 257-18. Amendments.

The following sections are hereby revised as follows:

A. Chapter 1 deleted in its entirety.

B. Section 304.14. April 1st through October 31st.

C. Section 602.3. October 1st through June 1st.

D. Section 602.4. October 1st through June 1st.

Chapter 269. RENTAL PROPERTY

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

GENERAL REFERENCES

Substandard Housing Committee — See Ch. 48.

Unfit buildings — See Ch. 100.

Uniform construction codes — See Ch. 118.

Fire prevention — See Ch. 162.

Property maintenance — See Ch. 257.

Article I. Multiple Dwelling Emergency Commission and Security Funds

[Adopted as Sec. 13-4 of the 1993 Revised General Ordinances]

§ 269-1. Commission established; membership; quorum.

A. There is hereby established the Delran Multiple Dwelling Emergency Commission, hereinafter referred to as the “Commission.”

B. Its members shall be appointed by the Mayor with the advice and consent of the Council and shall serve without compensation at the pleasure of the Mayor and Council. The membership of the Commission shall consist of two residents of the Township, the Construction Official, one member of the Township Council and a representative of the Department of Health.

C. Any conduct or action of the Commission authorized by this article shall be deemed valid and effective when taken by any three members of the Commission.

D. At any meeting of the Commission, a quorum shall consist of a majority of the membership of the Commission.

§ 269-2. Duties of Commission.

The duties of the Commission shall consist of the following:

A. Receiving, administering and expending security funds deposited pursuant to the terms of this article.

B. Examining those circumstances and conditions alleged to constitute emergency conditions and declaring, where applicable, an emergency condition to exist.

C. Arranging, in accordance with the terms of this article, for the prompt repair, maintenance, supply or replacement of those items of structure, equipment or supplies which are necessary to correct, eliminate or alleviate the emergency condition.

§ 269-3. Security funds required.

A. The owner of a multiple dwelling shall deposit with the Commission security funds to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies which are necessary to correct, eliminate or alleviate an emergency condition. The amount of the security funds to be deposited with the Commission shall be computed in the following manner:

(1) Where the owner owns between four and 25 dwelling units, the owner shall deposit $25 for each dwelling unit.

(2) Where the owner owns between 26 and 200 dwelling units, the owner shall deposit $625 for the first 25 units and $15 for each additional dwelling unit owned.

(3) Where the owner owns more than 200 dwelling units, the owner shall deposit $3,250 for the first 200 units and $10 per unit for each additional dwelling unit.

(4) In no event shall an owner be required to deposit more than $10,000 in security funds pursuant to this article.

B. All funds required to be deposited under the terms of this article shall be deposited with the Commission by delivering such funds to the Commission within 10 days after receipt of notice from the Commission of the amount due. Notice of the amount due may be given by the Commission or its agent by personally delivering the same to the owner, or the owner’s agent, servant, employee or joint venturer on the owner’s premises, or by certified mail sent to the owner’s last registered address. Upon receipt of such security funds, the Commission shall deposit the same in an interest-bearing savings account in the name of the Commission in trust for each particular owner. All interest payable on such accounts shall accrue to the particular owner on whose behalf the account is maintained by the Commission. The Commission may expend up to 1% of the trust fund per year for administration expenses, including bank charges, postage, stationary, secretarial services, court reporter charges, engineering and legal services and other professionals as necessary to perform its duties, all to be paid by voucher, a copy of which shall be provided to the owner of the trust fund.

§ 269-4. Conditions authorizing expenditure of funds.

A. The Commission shall be authorized to expend the moneys from the account it maintains for an owner to correct, eliminate or alleviate an emergency condition only when:

(1) It has examined those circumstances and conditions alleged to constitute an emergency condition and has declared an emergency condition to exist; and

(2) The remedying of such emergency condition is the owner’s responsibility; and

(3) The owner or owner’s agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the Commission or an affected tenant in person or by regular mail, telegram or telephone conversation; and

(4) No work has been commenced by the owner or the owner’s agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within 24 hours after the owner or the owner’s agent, servant, employee or joint venturer has received notice of the circumstances and conditions constituting the emergency condition; or

(5) Where work was commenced within the twenty-four-hour period, but such work has not been reasonably completed within 72 hours after the work was commenced, and such work, under the applicable circumstances and in the opinion of the Construction Official, could have been completed within 72 hours.

B. Any such withdrawal and expenditure of security funds by the Commission shall require the signatures of any two members of the Commission.

§ 269-5. Expenditure of funds; reimbursement; appeals.

A. Expenditure of funds, reimbursement. In the event the Commission spends money from any account, as authorized by this article, thus reducing the amount in the account and leaving less than the sum required, as computed in § 269-3, the Commission shall immediately notify the owner of the amount necessary to bring that account up to the originally required amount with the Commission and within the following time schedule:

(1) Where the balance remaining in the owner’s account is more than $1,500, the deposit shall be made within 30 days from the date the owner received notice.

(2) Where the balance remaining in the account is $1,500 or less, the deposit shall be made within five days from the date the owner received notice.

B. Appeals. Where the Commission has spent money from an account, the owner of the premises may appeal to the Mayor and Council for a hearing concerning solely the issues of whether an emergency condition exists and whether the amount expended to remedy the emergency condition is reasonable. If such appeal is desired, the owner shall, within 10 days of receiving notice of the amount spent, file with the Township Clerk a letter requesting such appeal. The Mayor and Council shall hold a hearing regarding the aforementioned issues not less than 10 nor more than 30 days after the Township Clerk has received the request from the owner, and they shall render their decision within 14 days after the hearing has been concluded. By mutual consent between the Mayor and Council and an aggrieved party, the time limitations herein stated may be extended.

§ 269-6. Requirements for maintenance of multiple dwellings; definitions.

In applying and interpreting this article, the following requirements as to the operation of multiple dwelling facilities shall be observed by owners and operators thereof, and, further, the following definitions shall also be used:

DWELLING UNIT: Any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied, for sleeping, dwelling or residence purposes by one or more persons.

EMERGENCY CONDITION: The following standards relating to the operation of multiple dwellings shall be observed by owners and operators and any of the following conditions, if not met, are hereby defined as a condition dangerous or injurious to the health or safety of the occupants of a dwelling or occupants of neighboring buildings:

A. Lack of adequate ventilation or light.

B. Lack of adequate and properly functioning sanitary facilities.

C. Lack of adequate and healthful water supply.

D. Structural, mechanical or electrical defects which increase the hazards of fire, accident or other calamity.

E. Failure to furnish heat for every occupied room in such building or portion thereof so that a minimum temperature of 70 degrees Fahrenheit shall be maintained therein at all times between the hours of 6:00 a.m. and 11:00 p.m. and a minimum temperature of 65 degrees Fahrenheit between the hours of 11:00 p.m. and 6:00 a.m. of each and every day from the first day of October in each year to the first day of June of the succeeding year, and at all other times when the street temperature shall fall below 55 degrees Fahrenheit.

F. Lack of maintenance of private drives and roads to the extent that their condition presents a hazard to those required to utilize them.

MULTIPLE DWELLING: Any building or structure of one or more stories, and any land appurtenant thereto and any portion thereof, in which four or more dwelling units are occupied, or are intended to be occupied by four or more persons who live independently of each other. Premises which are used primarily for purposes other than sleeping, dwelling or residence shall not be considered a “multiple dwelling.”

§ 269-7. Violations and penalties.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Any person found guilty of violating any of the provisions of this article shall be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code. Each day that a violation occurs shall be considered a separate offense.

Article II. Registration of Residential Rental Units

[Adopted as Sec. 13-5 of the 1993 Revised General Ordinances]

§ 269-8. Registration.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The owner of any building leased for residential purposes shall annually register the building and each unit leased for residential purposes with the Construction Official on the form provided in the office of the Construction Official. No fee is required for the annual registration required by this article. The owner shall be required to list on the registration form his or her home address and the telephone number where either he or she, or an agent authorized to act in his or her behalf with reference to maintenance and management of the building, can be contacted both during normal business hours and for emergency matters. Where the owner of the building is a corporation or partnership, the registration form shall disclose the names, home addresses and telephone numbers of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. In addition, with reference to a corporation, the address of the corporation and its registered agent shall be provided.

§ 269-9. Other information required.

The registration form shall also require the owner to list the total number of units rented for residential purposes, the number of persons living in each dwelling unit, the number of rooms in each dwelling unit and the square footage of each dwelling unit.

§ 269-10. Inspections; issuance of certificate of continued occupancy.

Upon completion of the registration form and payment of the registration fee, the Construction Official shall cause an inspection to be made to ensure compliance with the minimum housing code standards ordinance and all other applicable ordinances of the Township. Upon compliance with the standards set forth in this article, a certificate of continued occupancy shall be issued.

§ 269-11. Change of ownership.

Within 48 hours of change in ownership, the new owner shall be required to fulfill the registration requirements set forth hereinbefore.

§ 269-12. Annual registration.

The annual registration requirement shall be filed by January 15 of each succeeding year.

§ 269-13. Violations and penalties.

For violation of any provision of this article, the penalty shall be as provided in § 1-5, Violations and penalties, of this Code.

Chapter 274. SALVAGE YARDS

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-5 of the 1993 Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Licensing — See Ch. 203.

Property maintenance — See Ch. 257.

Solid waste; recycling — See Ch. 299.

Abandoned vehicles — See Ch. 334.

§ 274-1. Definitions.

For the purpose of this chapter, the following terms shall have the meaning set forth:

SALVAGE YARD: The business of purchasing, selling, exchanging or storing old iron, brass, copper, tin, lead, dismantled or partly dismantled used motor vehicles, parts of used motor vehicles, all paper, rags, rubber, glass, and other secondhand materials of like nature, secondhand lumber, doors, window frames, plumbing fixtures and any secondhand materials acquired by reason of the demolition of any structure. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

SEPARATE AND DISTINCT LOCATION: Any premises which consists of a part of one, or one or more lots and which are adjacent and contiguous to each other and, if described by metes and bounds, would have one continuous and uninterrupted boundary line.

§ 274-2. License required.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). It shall be unlawful for any person to use any open air plot of ground, yard or parcel of land or building as a salvage yard, as defined above, without first obtaining a license therefor from the Township Council.

§ 274-3. Application for license.

A. Application for each location. Any person desiring to obtain a license to engage in the business of operating a salvage yard shall make a separate application, in writing, to the Township Council for the granting of a separate license for each separate and distinct location where such business is to be maintained and operated. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Contents of application. In addition to the information required in Chapter 203, Licensing, the applicant shall give the following information:

(1) A description of the premises, either by metes and bounds or by lot and block number, upon which such business is to be conducted, giving the street frontage and the approximate depth of the premises.

(2) Such other information as may, from time to time, be deemed by the Township Council to be necessary to determine the fitness of the applicant to conduct the business and the adequacy of the premises to be used.

§ 274-4. Fees.

A. The annual fee for each such license shall be as set forth in § 150-3A of this Code.

B. No application shall be accepted by the Township Clerk unless the same shall be accompanied by the full amount of the license fee for each separate license, as provided herein.

§ 274-5. Property taxes paid.

Before any application for a license to conduct such business shall be accepted by the Township Clerk, there shall be presented to him or her, at the time of the making of such application, a paid tax bill receipted by the Tax Collector indicating that all property taxes due on the proposed premises have been paid.

§ 274-6. License for one location only.

Any such license, when issued, shall in no wise be construed so as to permit the owner of the business to operate or maintain such business upon any other location or in any other building other than that set forth and described in the application and license.

§ 274-7. Term of license.

Licenses issued under this chapter shall be good and valid from the date of issue until the 31st day of December, next, after granting the same.

§ 274-8. Regulations.

A. Fencing.

(1) Required. When any business licensed hereunder is conducted on an open air plot of ground, yard or parcel of land, the premises shall be enclosed by a solid surfaced board fence.

(2) Construction. Such fence:

(a) Shall be set back a minimum distance of 15 feet from any street line.

(b) Shall be not less than six feet nor more than eight feet in height from the ground.

(d) May contain necessary gates which, when closed, will properly conform to the fence.

(3) Maintenance. The fence shall, at all times, be maintained in good condition and properly painted.

(4) View of materials. No secondhand materials, the purchase, sale, exchange or storage of which is regulated herein, shall be piled or placed so as to be visible above the fence.

(5) Advertising; signs. Any and all advertisements placed or printed on such fence shall be confined solely to the advertisement of the licensee’s business and shall conform to any sign regulations of the Township, including application requirements.

B. Storage outside of fence. None of the materials, the purchase, sale, exchange or storage of which is regulated herein, shall be kept on any sidewalk or street, or outside the fence required to be erected pursuant to Subsection A, or in front of the place of business licensed hereunder.

C. Drainage. It shall be unlawful for any licensee to permit any of the materials, the purchase, sale, exchange or storage of which is regulated herein, to be placed upon the licensed premises in such a manner so as to permit rainwater to collect and remain in and about the premises for a period longer than 24 hours.

D. Fire or health hazard. It shall be unlawful for any licensee to stack, pile or place any of the aforesaid materials upon the licensed premises in such a manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.

E. Burning of material. It shall be unlawful for any licensee to cause any of the aforesaid materials which may be inflammable to be destroyed by burning on the premises.

F. Hours of operation. No work shall be done or business conducted on the premises on Sunday or between the hours of 7:00 p.m. and 8:00 a.m., prevailing time.

G. Additional regulations. All licenses issued pursuant to this chapter shall at all times be subject to such reasonable rules and regulations as the Township Council may, from time to time, determine to be necessary and proper in the best interest of the citizens of the Township.

§ 274-9. Violations and penalties.

A. Any person who shall violate any provision of this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, shall, severally, for each and every such violation and noncompliance be subject to the penalty set forth in § 1-5, Violations and penalties, of this Code.

B. The imposition of a penalty for a violation of this chapter shall not excuse the violation, nor permit it to continue. Such violation shall be remedied within a reasonable time, and each 10 days that such violation is permitted to exist shall constitute a separate offense.

C. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 281. SEWER UTILITY

[HISTORY: Adopted by the Township Council of the Township of Delran 4-27-2010 by Ord. No. 2010-5. Editor’s Note: This ordinance also repealed former Ch. 281, Sewers, which consisted of Art. I, Sewer Connections, adopted as Sec. 17-1 of the 1993 Revised General Ordinances, as amended, and Art. II. Amendments noted where applicable.]

Article I. Establishment; Purposes; Definitions and General Provisions

§ 281-1. Sewer Utility established.

The existing publicly owned and operated sanitary sewer system of the Township, previously operated by the Delran Sewerage Authority, shall be operated by the Township as the sewer utility of the Township of Delran. Such sewer utility shall hereinafter be referred to as the “Department of Sewer Utility” or “Sewer Utility,” or “Department,” which shall be operated under the control of the Director.

§ 281-2. Purpose.

It is the purpose of this chapter to empower the Township of Delran, through the Department of Sewer Utility created pursuant to § 20-150 of the Code of Delran Township, to perform all such reasonable and necessary functions in connection with providing sewer collection, disposal and treatment as afforded to the Township by the provisions of N.J.S.A. 40A:26A-1 et seq., without limitation, and the collection of fees therefor. The provisions of this chapter are subject to the ability of the Township to provide sewer service to the extent permitted by law, and in accordance with the terms and conditions of any existing contracts which are legally binding upon the Township.

§ 281-3. Definitions.

As used in this chapter:

CONNECTION: Any physical connection, cross connection, by-pass, valve, pipeline, or any like device which permits or may permit any flow of wastes from any source into the sewer facilities operated by the Sewer Utility.

CUSTOMER: The owner of the premises contracting for sewer service pursuant to the customer classifications established by the rules and regulations of the Sewer Utility.

DIRECTOR: The duly appointed Director of the Department of Sewer Utility.

SEWER FACILITIES: The plants, structures or other real and personal property acquired, constructed or operated, or to be financed, acquired, constructed or operated by the Township or any parts thereof, used for the storage, collection, reduction, reclamation, disposal, separation or other treatment of wastewater or sewage sludge or for the final disposal of residues resulting from the treatment of wastewater, including, but not limited to, pumping and ventilating stations, treatment plants and works, connections, outfall servers, interceptors, trunk lines and other appurtenances necessary for their use or operation.

SEWER UTILITY: The Department of Sewer Utility, acting pursuant to the direction of the Township through its elected and appointed officials, and performing all functions pertaining to the collection and treatment of sewerage heretofore performed by the Delran Sewerage Authority, and as may hereafter be necessary in connection with any sewer facilities now or hereafter constituting part of the Township’s sewer facilities.

§ 281-4. Authorization to adopt rules and procedures.

The Township Council is hereby empowered to adopt, by resolution, regulations, including but not limited to, such portions of the current rules regulating the Delran Sewerage Authority entitled “Delran Sewerage Authority Rules and Regulations,” prepared by Richard A. Alaimo Association of Engineers, dated March 27, 2000 and bearing a last revised date of April 22, 2002, as it deems proper and necessary in order to enable the Department to perform the purposes enumerated herein and any additional rules as it deems necessary and proper to the function of the sewer facilities. In addition, the Township is hereby empowered to retain the professional services of such sanitarian, engineer, operator or other expert as the Township shall determine to be necessary for the purpose of the Department or for establishing appropriate rules and regulations affecting operation, maintenance or extension of the sewer facilities or the establishment or revision of charges or connection fees to customers. The rules and regulations of the Department may by reference incorporate other codes, statutes and/or regulations as appropriate.

§ 281-5. Transition period.

There is hereby established a transition period of 120 days’ duration from the effective date of this chapter, during which time the Director shall assume the operation of the Sewer Utility functions heretofore carried out by the Delran Sewerage Authority. During such transition period, which may be extended by resolution of the Township for such reasonable time as it deems proper and just, the Director shall utilize the rules and procedures as established by the Delran Sewerage Authority, entitled “Delran Sewerage Authority Rules and Regulations,” prepared by Richard A. Alaimo Association of Engineers, dated March 27, 2000, and bearing a last revised date of April 22, 2002, except where such rules and procedures are inconsistent with the provisions of this chapter. These rules and procedures are annexed to this chapter, and three copies of same have been placed on file upon the introduction of this chapter and are now filed in the Office of the Clerk of the Township of Delran, and will remain on file there for the use and examination of the public, pursuant to the provisions of N.J.S.A. 40:49-5.1. During such transition period, which may be extended by resolution of the Township for such reasonable time as it deems proper and just, the Director shall utilize the connection fees established by the Delran Sewerage Authority, as set forth in “the Delran Sewerage Authority Resolution No. 2009-33, Charges Relating to Connection with the Sewerage System of the Delran Sewerage Authority, Effective April 27, 2009.”

§ 281-6. Reservation of powers.

To the extent not specifically set forth herein, the Township Council specifically reserves unto itself all those certain powers, rights and responsibilities as set forth at length in N.J.S.A. 40A:26A-1 et seq.; which provisions may be deemed by the Township necessary for the operation of the Sewer Utility.

§ 281-7. Sewer Utility fund.

All future revenue and the accounting therefor from said Sewer Utility shall be on a dedicated utility basis in conformance with the provisions of N.J.S.A. 40A:4-33, 34 and 35. All monies derived from the operation of said Sewer Utility and any other monies applicable to its support shall be segregated and kept in a separate fund which shall be known as the “Sewer Utility Fund,” and all disbursements for the operation and maintenance of said Sewer Utility shall be taken from said Sewer Utility Fund.

§ 281-8. Budget.

The dedicated budget of the Sewer Utility shall include appropriations for operating expenses, capital improvements, debt service and for the portion of all other deferred charges and statutory expenses as may be required.

§ 281-9. (Reserved)

Article II. Access and Connection to Sewer Facilities

§ 281-10. Connection to public sewer required.

The owners of all houses, buildings and properties situated within the Township, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Township, (including Chester Avenue, in which a sewer main may be physically within the limits of the Township of Riverside), are hereby required at their expense to connect all sanitary and other plumbing facilities directly with the public sewer, in accordance with Rules and Regulations of the Department prior to the issuance of a certificate of occupancy.

§ 281-11. Connection of facilities to public sewer; time limit; permits.

The owners of all houses, buildings and properties having approved private sanitary sewer facilities will be required at their expense to connect all available sanitary and other plumbing facilities directly with the public sewer line within six months after completion of a sewer line within any street, alley or right of way abutting such houses, buildings and properties. After such connection has been made, the use of the private sanitary sewer facility shall be discontinued and such private sanitary sewer facility shall be emptied and filled with fresh earth and shall not thereafter be used as a receptacle for sewerage waste of any kind.

§ 281-12. Refusal to connect; inadequate sewer service.

A. The Department may refuse to connect to any customer’s piping system or to supply sewer services to a system if said system has not been designed or installed in accordance with applicable law, and the rules and regulations of the Township, or if any parts of the piping system have not been installed at sufficient depth to prevent freezing.

B. The Township shall not be responsible for any inadequacy of sewer service should the customer make alterations, changes or additions to an existing system without notifying the Department in advance of any proposed alterations, changes or additions. In case of defective service, the customer shall not interfere with meters or other property of the Township, but shall immediately notify the Department.

§ 281-13. Failure to make connections.

If the owner of any building located within the Township shall fail to make any connection or installation required to be made under the provisions of this chapter within the time herein required, the Township may proceed to make such connection or installation, or cause same to be made, and charge and assess the cost thereof against such property pursuant to the provisions of N.J.S.A. 40A:26A-1 et seq. and § 1-6 of the Code of Delran Township.

§ 281-14. Right of access.

The Township, through the Department or otherwise, shall have a right of access to any customer’s premises and to all equipment and property of the Township at reasonable times for the purpose of reading meters, inspecting, repairing or replacing equipment used in connection with the supplying of sewer services, or for the removal of equipment or property. The customer shall obtain for the Township all necessary permission from tenants or others for access to equipment or property. Customers shall not permit access to meters or other Township sewer facilities except by authorized employees of the Township or other authorized state or local inspectors.

§ 281-15. Permit required for connection to public sewer.

A. No person shall uncover, make any connection with or opening into, use, alter or disturb any of the Township’s sewer facilities without first obtaining a permit from the Department.

B. Upon submission of an application for a permit, the applicant shall pay the permit fee set forth in the rules and regulations of the Department.

C. Upon issuance of the permit, the applicant shall pay the connection fee established by the rules and regulations of the Department.

§ 281-16. Application for sewer service.

A. Sewer service connections shall be made upon written application to the Department on forms furnished by the Department and signed by the owner of the property or by a duly authorized agent.

B. No application for service will be accepted for installation between December 15 and April 15, unless the property owner agrees to pay the additional cost that may be incurred because of adverse weather conditions during this period.

C. All inspection fees for the connection into the sewer system shall be paid by the applicant pursuant to the rate schedule in place at the time of the application.

§ 281-17. Approval of application.

A. Approval of an application for a sewer connection can only be made if it has been determined that sewer facilities owned or approved by the Township exist in front of the applicant’s property or in the public right-of-way. The sewer connection shall extend the length of the applicant’s property and if it does not so extend it shall be extended at the applicant’s expense in accordance with Township specifications, established by the rules and regulations of the Department.

B. Each contractor or other person performing work on Township public property for the purpose of installing sanitary sewer connections shall post a bond acceptable to the Township. All work shall be adequately guarded with barricades, lights and other measures for protection to the public from hazard. Streets, sidewalks, curbs and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Township.

§ 281-18. through § 281-19. (Reserved)

Article III. Sewer Charges and Fees; Complaints

§ 281-20. Sewer user charges.

The Township Council is hereby authorized to establish, from time to time, the charges and fees for sewerage and incidental services to be provided by the Sewer Utility. The schedule of charges hereby fixed and established for the collection, disposal and treatment of sanitary sewerage material collected in public sanitary sewers owned and operated by the Township, to be charged to customers of the Sewer Utility are those set forth in the rules and regulations of the Department. These charges and fees are in effect pursuant to § 281-5 of this chapter, and shall remain in effect until revised in accordance with the provisions of § 281-4 of this chapter.

§ 281-21. Collection of all charges; interest.

All connection, user, and other fees and charges set forth in this chapter shall draw interest from the time that they became due as taxes upon real estate in the Township and shall be a lien upon the premises connected until paid. As per N.J.S.A. 40A:26A-12, the Township shall have all of the remedies established by law for the collection of rates, rentals, connection fees or other charges in connection with the use of the sewer facilities, including but not limited to charging the interest, cost and penalties, levying liens and the discontinuance of services.

§ 281-22. Complaints.

Complaints concerning the character of the service furnished or the reading of meters or bills rendered shall be made to the Director, in writing. A record of such complaints will be maintained by the Department to show the names and addresses of the complainants, dates and nature of the complaints and the action taken thereon.

§ 281-23. through § 281-29. (Reserved)

Article IV. Prohibited Acts; Penalties.

§ 281-30. Tampering with Utility property.

No person or persons shall in any manner, without permission, connect or disconnect or tamper or interfere with the sewer facilities of the Township, including but not limited to pipes, conduits, meters, valves, instruments or other accessories or property.

§ 281-31. Unlawful connections and uses.

A. Sump pumps. It is a violation for any person or user of the sewer facilities to connect or discharge, by any means, into the sewer system, any materials, chemicals or drainage other than sanitary sewerage. The Director shall serve notice to such persons or users to cease and desist from any activities in violation of this subsection.

B. Broken lines. The Director shall also serve notice to any customer having a broken service line that causes infiltration into the sewer facilities of the Township to repair same no later than 10 days from service of the notice pertaining to such broken service line.

C. No person shall cause willful or malicious damage to any part of the sewer facilities, or cause or permit any acid, chemical or any other substance that may cause damage to the sewer facilities or sewerage flow.

D. No person shall drain rain or surface water, or water from any cellar or excavation, into the sewer facilities.

E. No person shall connect or cause to be connected a leeching line or drain of any kind, which includes any basement or garage drains or lines, to any storm drainage system of the Township, or to any drainage system that connects to the Township’s storm drainage system unless written permission has been granted in advance by the Township Engineer.

F. No person shall directly or indirectly place any material or substance in any form into the Township’s storm drainage system, except for storm water.

§ 281-32. Violations and penalties.

Any person, firm or corporation violating the provisions of this chapter or any succeeding ordinances or resolutions pertaining to the subject matter of this chapter which might be enacted or adopted shall be punished in accordance with the penalty provision established by § 1-5 of the Code of Delran Township.

Chapter 284. SEX OFFENDERS

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

Article I. Residency Restrictions

[Adopted 1-4-2006 by Ord. No. 2005-42]

§ 284-1. Definitions.

For the purposes of this article, the following words shall be defined as follows:

SUBJECT PERSON: A person who has been convicted of a criminal offense, or an aggravated offense, sexually violent offense, or other relevant offense, involving a child under the age of 18, as set forth in N.J.S.A. 2C:7-2, and who as a result of said conviction is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq., commonly known as “Megan’s Law,” and classified as a Tier Two or Tier Three offender. “Subject person” shall not include those classified as Tier One offenders.

RESIDE: The act of living at and sleeping in a residence, as defined herein.

RESIDENCE: The place where a person sleeps, which may include more than one location, and may be mobile or transitory.

§ 284-2. Residency limitations.

A. A subject person shall not reside in a residence within 500 feet of the out bound lines of a property comprising a public or nonpublic preschool, elementary or secondary school, a child-care facility, or a park or playground within the Township.

B. A subject person who resides within 500 feet of the out bound lines of a property comprising a public or nonpublic preschool, elementary or secondary school, a child-care facility, park or playground commits a disorderly persons offense.

§ 284-3. Application; notice to move.

A. This article shall not apply to any subject person who has established residence prior to enactment of this article.

B. A subject person who establishes residence within 500 feet from a public or nonpublic preschool, elementary or secondary school, a child-care facility, park or playground after the enactment of this article shall have 60 days from receipt of a written notice from the Township to move from the residence. Failure to move shall be a violation of this article.

§ 284-4. Violations and penalties.

Any person convicted of violating any provision of this article, except as set forth below, shall be subject to a fine not to exceed $1,250; imprisonment of a term not to exceed 90 days and/or a period of community service not to exceed 90 days.

§ 284-5. Preparation of map.

The Township Administrator shall direct the Township Engineer to prepare a map showing the boundaries of the restricted zones created under this article, which map shall be placed on file, available for public inspection during normal business hours, in the office of the Township Clerk.

Chapter 285. SEXUALLY ORIENTED BUSINESSES

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1996-17 (Sec. 6-13 of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 71.

Fees — See Ch. 150.

Licensing — See Ch. 203.

Zoning — See Ch. 355.

§ 285-1. Purpose.

The purpose and intent of this chapter is to license and regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Township of Delran, as well as the patrons of such businesses, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Township. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material or speech activity, including sexually oriented materials or expressive speech activity. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials or activities protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

§ 285-2. Definitions.

As used in this chapter, the following words shall have the meanings indicated:

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE: A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT ENTERTAINMENT ESTABLISHMENT: A nightclub, bar, restaurant or similar place of business or portion thereof which features:

A. Persons who appear in a state of nudity or seminude state;

B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL: A hotel, motel or similar commercial establishment which:

A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television, transmissions, film, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or

C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

ADULT MOTION-PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown and are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

APPLICANT: A person who must apply for a license under this chapter.

CHILD-CARE FACILITY: A building used as a day nursery, children’s boarding home, child placing agency or other place for the care or custody of children under 15 years of age.

CHURCH or PLACE OF RELIGIOUS WORSHIP: A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith or for propagating a particular form of belief.

ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY: A business association which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

ESTABLISHMENT: Includes any of the following:

A. The opening or commencement of any sexually oriented business as a new business;

B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

C. The addition of any sexually oriented business to any other existing sexually oriented business;

D. The relocation of any sexually oriented business; or

E. A location and place of business.

LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license or a person licensed under this chapter.

MUNICIPAL CLERK: The Municipal Clerk of the Township of Delran.

NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

NUDITY or a STATE OF NUDITY

A. The appearance of a human bare buttocks, anus, male genitals, female genitals, pubic region or female breasts; or

B. A state of dress which fails to opaquely cover a human buttocks, anus, male genitals, female genitals, pubic region or areola of the female breast.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

PLACE OF BUSINESS: Includes any store, shop, tavern, bar, restaurant, pool hall, bowling alley, amusement parlor, ice-skating rink, theater or premises wherein merchandise, food or drink is sold, or any combination or group of the foregoing, which business is maintained within one building or structure open to the public.

POLICE: Duly sworn law enforcement officers of the State of New Jersey or his or her designated agent.

PROSTITUTION: Sexual activity with another person in exchange for something of economic value; or the offer or acceptance of an offer made within view of a public place to engage in sexual activity in exchange for something of economic value.

PUBLIC PARK: A tract of land maintained by the federal, state or a local government for the recreation and enjoyment of the general public.

RESIDENTIAL DISTRICT: A single-family, duplex, townhouse, multiple-family or mobile home district.

RESIDENTIAL USE: A single-family, duplex, multiple-family or mobile home park, mobile home subdivision and campground used as a residence.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUAL ACTIVITY: Includes but is not limited to sexual intercourse, including genital-genital, oral-genital, anal-genital and oral-anal conduct, whether between persons of the same or opposite sex, masturbation, touching of the genitals, buttocks or female breasts, sadistic or masochistic abuse and other deviate sexual relations.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

SEXUALLY ORIENTED BUSINESS: An adult arcade, a bookstore or adult video store, adult entertainment establishment, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

SPECIFIED ANATOMICAL AREAS: Human genitals in state of sexual arousal.

SPECIFIED SEXUAL ACTIVITIES: Includes any of the following listed as sexual activity in N.J.S.A. 2C:34-1 et seq.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Includes any of the following:

A. The sale, lease or sublease of the business;

B. The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange or similar means; or

C. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.

§ 285-3. Classification.

Sexually oriented businesses are classified as follows:

A. Adult arcades.

B. Adult bookstores or adult video stores.

C. Adult entertainment establishments of the Township.

D. Adult motels.

E. Adult motion-picture theaters.

F. Adult theaters.

G. Escort agencies.

H. Nude model studios.

I. Sexual encounter centers.

§ 285-4. License required; duties of applicant.

A. The following are required to be licensed: All owners of a sexually oriented business are required to be licensed to conduct, operate or permit to be operated a sexually oriented business.

B. All employees of a sexually oriented business are required to be listed on the application form. No person may work for any sexually oriented business without having on his or her person at all times while at work an appropriate identification card showing that he or she is an employee of the licensee. Such identification shall be available at all times for inspection and shall be worn on the left breast of said employee during working periods. Application forms will be provided by the Municipal Clerk, and the determination of compliance must be made by the Township Council within 30 days from the time of application.

C. An application for a sexually oriented business license must be made on a form provided by the Municipal Clerk. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. All locational requirements must be approved by the Zoning Officer of the Township of Delran within 30 days from the time the application is filed.

D. The applicant for a sexually oriented business license must be qualified according to the provisions of this chapter.

E. If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is a partnership, the partners’ names and addresses must be listed on the application. If the applicant is a corporation, the name of the corporation and the name and address of the registered agent and the name of the person or persons who are or will be primarily responsible for the management and operation of the sexually oriented business must be listed on the application.

F. The fact that a person possesses any other valid license required by law does not exempt him from the requirements of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another business and/or alcoholic beverage license shall comply with the requirements and provisions of this chapter as well as the requirements and provisions of the laws concerning the other licenses.

G. Each individual applicant shall be at least 18 years of age.

H. Each applicant for a business license shall, upon the filing of the application and payment of the filing fee, place signs (at least 24 inches by 36 inches in size) which provide notification and information specifically stating “Sexually Oriented Business License Application Pending” and the date on which the application was filed. All lettering on the signs must be at least 1 1/2 inches by 2 inches in size for each letter on the sign. The signs must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually oriented license. It shall be the duty of each applicant as to each particular application to erect said signs along all the property’s public road or highway frontage as to be clearly visible from the public road or highway. If property does not have a public road or highway frontage, then signs shall be placed upon the closest available right-of-way upon the property. One sign shall be erected for each three-hundred-foot increment of each public road or highway frontage said property existing or any part thereof. Said signs shall be erected not less than 14 days after the filing of the application for the sexually oriented business license and remain erected until the application has been approved by the Township Council.

I. Every applicant for a sexually oriented business license shall give notice of the application by publication at his own expense in two consecutive issues of the official newspaper of Delran Township. The notice shall be printed in ten-point boldface type and shall include the fact that a sexually oriented business license has been applied for; the exact location of the place of business for which the permit is sought; the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners; and if the applicant is a corporation, the names and titles of all officers. Such notice shall be printed not less than 14 days after the application is filed with the Municipal Clerk.

§ 285-5. Issuance of license.

A. All licenses for the operation of a sexually oriented business shall be granted by the Township Council and issued by the Township Clerk. The license shall be renewed and reissued annually effective January 1 of each year after payment of the required fees and submission of the application form to the Clerk. The license, when issued, shall be posted and conspicuously displayed in the place of business of the applicant. The Municipal Clerk shall also issue all identification cards required by the licensee and/or its employees at the same time that the license is issued.

B. The license shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

C. The Township Council shall approve the issuance of a license to an applicant within 60 days after receipt of an application unless the Council finds one or more of the following to be true:

(1) An applicant is under 18 years of age.

(2) An applicant is overdue in his payment to the Township of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business. The Township Tax Assessor shall make this determination and report his or her findings to the Township Council within 30 days from the time the application is filed.

(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

(4) An applicant has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application.

(5) The premises to be used for the sexually oriented business has not been approved by the Zoning Officer and/or the Township Construction Code Official as being in compliance with this chapter. Reports of compliance or noncompliance with this chapter must be completed by the municipality within 30 days from the time the application is filed. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6) The license fee required by this chapter has not been paid.

(7) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he or she is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, which necessitated repeated action by police officers.

(8) The premises does not have at least two emergency fire exits.

(9) The premises has not been inspected as to fire prevention and fire safety and approved by the fire subcode official and/or County Fire Marshal. Said inspections and/or approvals must be completed and forwarded to the Township Council within 30 days of the date that the license application has been filed.

(10) An applicant or the proposed establishment is in violation of or is not in compliance with § 285-12, 285-13, 285-15, 285-16, 285-17, 285-18, 285-19 or 285-20.

(11) Offenses.

(a) An applicant has been convicted of a crime involving any of the following offenses as described in N.J.S.A. 2C:34-1 et seq. and N.J.S.A. 2C:34-2 et seq.

[1] Prostitution.

[2] Promotion of prostitution.

[3] Aggravated promotion of prostitution.

[4] Compelling prostitution.

[5] Obscenity.

[6] Sale, distribution or display of harmful material to a minor.

[7] Sexual performance by a child.

[8] Possession of child pornography.

[9] Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.

(b) Removal of disqualification. An applicant who has been convicted of an offense listed above may qualify for a sexually oriented business license only when such conviction has preceded the date of the application by five years or more and the Township Council grants a request for removal of the disqualification for good cause shown.

§ 285-6. Annual license fee.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The annual fee for a sexually oriented business shall be as set forth in § 150-3A, to be submitted with the application.

§ 285-7. Inspection.

A. An applicant or licensee shall permit representatives of the Delran Township Zoning Office and Township Construction Code Official to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a zoning official or Construction Code Official of the Township at any time it is occupied or open for business.

C. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

§ 285-8. Expiration of license.

A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 285-4. Application for renewal should be made at least 60 days before the expiration date, and, when made less than 60 days before the expiration date, the expiration of the license will not be affected.

B. If the Township Council denies a renewal and, subsequent to denial, the Township Council finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license.

§ 285-9. Causes for suspension.

A. The Township Council shall suspend a license for a period not to exceed 30 days if it determines that a licensee has:

(1) Violated or is not in compliance with any portion of this chapter.

(2) Knowingly permitted the rules and regulations of the New Jersey Division of Alcoholic Beverage Control to be violated while on the sexually oriented business.

(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

(4) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating repeated action by law enforcement officers.

B. Said suspension may be appealed directly to a court of competent jurisdiction immediately following notice thereof.

§ 285-10. Causes for revocation.

A. The Township Council shall revoke a license if a cause of suspension in § 285-9 occurs and the license has been suspended within the preceding 12 months.

B. The Township Council shall revoke a license if it determines that:

(1) A licensee gave false or misleading information in the material submitted to the Township Council during the application process.

(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.

(3) A licensee or an employee has knowingly allowed prostitution on the premises.

(4) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended.

(5) A licensee has been convicted of an offense listed in § 285-5C(11)(a) for which the time period required in § 285-5C(11)(b) has not elapsed or the disqualification has not been removed.

(6) On two or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in § 285-5C(11)(a) for which a conviction has been obtained and the person or persons were employees of the sexually oriented business at the time the offenses were committed.

(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual activity to occur in or on the licensed premises. The term “sexual activity” shall have the same meaning as it is defined in N.J.S.A. 2C:34-1a(2).

C. The fact that a conviction is being appealed shall have no effect on the revocation of the license.

D. Subsection B(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.

§ 285-11. Notice of suspension, revocation or denial.

If the Township Council denies the issuance of a license or suspends or revokes a license, the Municipal Clerk shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of said decision. The applicant for a license or the licensee may immediately, upon receipt of said notice from the Municipal Clerk, appeal to a court of competent jurisdiction for review of said denial, suspension or revocation. A sexually oriented business in operation at the time that this chapter becomes effective shall be permitted to operate while the license application is pending.

§ 285-12. Transfer of license.

A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

§ 285-13. Location of sexually oriented businesses.

A. A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

(1) A church or place of religious worship.

(2) A public or private elementary or secondary school.

(3) A child-care facility.

(4) A residential district.

(5) Another sexually oriented business.

B. For the purposes of Subsection A, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or place of religious worship or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district or residential lot.

C. Any sexually oriented business lawfully operating that is in violation of Subsection A or B of this section shall be deemed a nonconforming use. Such use will be permitted to continue unless it is voluntarily discontinued for a period of 30 days or more.

D. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church or place of religious worship, public or private elementary or secondary school or public park. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.

E. All locational requirements of this chapter must be approved by the Zoning Officer within 30 days from the time the application is filed.

§ 285-14. Suspension or revocation of license; hearing.

The Township Council shall have the power to suspend or revoke any license when the licensee is found guilty of a crime violating any municipal ordinance or regulation involving a sexually oriented business or when the licensee shall violate any other ordinance, law or regulation pertaining to the operation of the premises or violate the provisions of this chapter. If the Township Council shall have reason to believe that there are grounds upon which to revoke any such license, it shall cause a notice to be served in writing upon the licensee, the person in charge of the licensed premises or the agent thereof requiring an appearance before the Township Council at such time and place as it shall designate, to show cause why the license should not be suspended or revoked. Such notice is to be served at least 10 days prior to the date set for a hearing, and the licensee shall be afforded a hearing before the Township Council prior to the suspension or revocation of his license. Violations of any provision of this chapter are also subject to the jurisdiction of the Delran Township Municipal Court.

§ 285-15. License transfers.

The license to operate a sexually oriented business shall not be transferable from place to place or to another person, and the ownership of said business may not be changed or modified until proper application shall have been made as heretofore provided for an original issuance and shall be granted only with the written consent of the Township Council.

§ 285-16. Additional regulations for escort agencies.

A. An escort agency shall not employ any person under the age of 18 years.

B. A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.

§ 285-17. Additional regulations for nude model studios.

A. A nude model studio shall not employ any person under the age of 18 years.

B. A person under the age of 18 years commits offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under 18 years was in a rest room not open to public view or persons of the opposite sex.

C. A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

D. A nude model studio shall not place or permit a bed, sofa or mattress in any room of the premises, except that a sofa may be placed in a reception room open to the public.

§ 285-18. Additional regulations for adult theaters and adult motion-picture theaters.

A. A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion-picture theater.

B. A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion-picture theater.

C. It is a defense to prosecution under Subsections A and B of this section if the person under 18 years was in a rest room not open to public view or persons of the opposite sex.

§ 285-19. Additional regulations for adult motels.

A. Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

B. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, he or she rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he or she rents or subrents the same sleeping room again.

C. For purposes of Subsection B of this section, the terms “rent” and “subrent” mean the act of permitting a room to be occupied for any form of consideration.

§ 285-20. Regulations pertaining to all sexually oriented businesses.

A. A person who operates or causes to be operated a sexually oriented business which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:

(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof and specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with market dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Township Council may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Construction Code Official or his designee. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.

(4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station. Viewing booths must be separated at least 12 inches from the exterior walls of any other viewing booths by open space.

(5) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the area specified in Subsection A(4) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times when any patron is present in the premises and to ensure that no patron is permitted access to an area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.

(6) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

(7) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(8) A sexually oriented business operating without a New Jersey alcoholic beverage license shall be permitted to conduct the sexually oriented business only between the hours of 12:00 noon and 10:00 p.m., Monday through Saturday. A sexually oriented business operating with a New Jersey alcoholic beverage license shall be permitted to conduct the sexually oriented business between the hours of 12:00 noon and 1:00 a.m., Monday through Saturday. This subsection governs the operation of the sexually oriented business as defined in this chapter and does not control the hours of operation of other permitted uses on the premises.

B. A person having a duty under Subsections A(1) through (8) above commits an offense if he or she knowingly fails to fulfill that duty.

C. All locational requirements of this chapter must be approved by the Zoning Officer within 30 days from the time the application is filed.

§ 285-21. Display of sexually explicit material to minors pursuant to N.J.S.A. 2C:34-3.

A. A person commits an offense if, in a sexually oriented business establishment open to persons under the age of 18 years, he permits obscene material to be disseminated to persons under the age of 18 years pursuant to N.J.S.A. 2C:34-3 et seq.

B. In this section, “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

(1) It is available to the general public for handling and inspection; or

(2) The cover or outside packaging on the item is visible to members of the general public.

C. Defenses to prosecution under this section are provided in N.J.S.A. 2C:34-3e and shall be incorporated herein as if fully set forth.

§ 285-22. Enforcement.

This chapter shall be enforced by the Zoning Officer and any law enforcement officers of the State of New Jersey.

§ 285-23. Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty set forth in § 1-5, Violations and penalties, of this Code and to suspension or forfeiture of their license or permit. Each day that a violation occurs or is committed shall constitute a separate offense.

Chapter 290. SITE PLAN REVIEW

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 2000-18 (Ch. XXI of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 37.

Flood damage prevention — See Ch. 171.

Subdivision of land — See Ch. 310.

Zoning — See Ch. 355.

§ 290-1. Short title.

This chapter shall be known and may be cited as “Chapter 290, Site Plan.”

§ 290-2. Purpose of site development plans.

Site development plans shall be so designed as to enhance the general appearance of the Township of Delran, further the harmonious use of the land, the preservation of the environment and to encourage development and design consistent with the purpose of Chapter 355, Zoning, and the Master Plan.

§ 290-3. When required.

A. Site plan approval shall be required before any excavation, removal of soil, clearing of site or placing of any fill on lands contemplated for development takes place; for any change or expansion of any commercial or industrial use; and except as hereinafter provided, no building permit or certificate of conformance shall be issued for any building or use, or reduction or enlargement in size of any building, or change in use of any building unless a site plan is first submitted and approved by the Planning Board of the Township of Delran, and no certificate of conformance shall be given unless all construction and development conforms to the plans as approved by the Planning Board.

B. Site approval shall not be required for any single-family dwelling or dwelling unit or for such accessory uses as a private garage, tool house, garden shed or private greenhouse incidental to residential use except as required by Chapter 355, Zoning, for residential construction in the H Harbor District, but this shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in Chapter 310, Subdivision of Land.

§ 290-4. Site plan information and data.

Site plan as herein required shall be submitted in 12 copies to the Secretary of the Planning Board at least 15 days prior to a scheduled meeting of the Planning Board. In addition, color photographs as hereinafter required shall be submitted in triplicate along with the site plan. All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and data:

A. One copy of said site plan shall consist of a translucent tracing cloth and be of a standard size of 24 inches by 36 inches, as measured from the cutting edges. If one sheet is not of sufficient size to contain the entire territory, the map shall be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets; however, the entire plan shall be shown on one sheet, not necessarily to scale, for purposes of overall comprehension of the proposal. All information appearing on said plan shall be in black india ink. Said translucent copy shall not be submitted until such time as all changes have been made as required by the Planning Board and the plan is submitted for final approval. Planning Board approval shall be given by signatures upon the translucent copy and prints thereof. The translucent copy shall become part of the Township files.

B. A scale of not less than 50 feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one to 10,000.

C. The names of all owners of record of all adjacent property and the block and parcel number of the property.

D. Existing school, zoning and special district boundaries. Such features shall be shown on a separate map or as a key map on the detail map itself.

E. Boundaries of the property, building or setback lines, and lines of existing streets, lots reservations, easements and areas dedicated to public use.

F. A copy of any covenants, easements or deed restrictions, if any, that cover or are intended to cover all or any part of the tract. If none, this should be noted on the application.

G. Location of existing buildings which shall remain and all other structures such as wells, fences, culverts, bridges, roadways, etc., with spot elevations of such structures.

H. Location of all storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, together with design calculations, and if any existing utility lines are underground, an estimated location of said already underground utility lines shall be shown.

I. Existing contours with intervals of one foot where slopes are 3% or less, two feet where slopes are more than 3% but less than 15%, and five feet when 15% or more, referred to a datum as provided by the Township Engineer, to be indicated by a dashed line. Where any changes in contours are proposed, finished grades should be shown as solid lines.

J. Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded area with a diameter of eight inches or more as measured three feet above the base of the trunk, and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.

K. Title of development, North point, scale, name and address of record owner, engineer, architect or surveyor preparing the site development plan.

L. A survey prepared by a licensed land surveyor of the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The site plan may be accompanied by such other exhibits of any architectural or planning nature submitted by the applicant or as may be required by the Planning Board pursuant to the Township of Delran.

M. All proposed easements and public and community areas. All proposed streets, with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk, and location and size of utility lines, according to the standards and specifications of all Township of Delran ordinances. Such features should be indicated on a separate map where deemed desirable by the Township Engineer.

N. The proposed use or uses of land and buildings and proposed location of all buildings, including proposed grades. Such features should be indicated on a separate drawing where deemed desirable by the Township Engineer.

O. All means of vehicular access and egress to and from the site onto public streets, showing size and location of driveways and curb cuts.

P. The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.

Q. The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards in the Township of Delran ordinances.

R. The proposed location, direction of illumination, power and time of proposed outdoor lighting in conformance with the applicable standards of the Township of Delran.

S. The proposed screening and landscaping, including a planting plan, in conformance with the applicable ordinances of the Township of Delran.

T. Proposed stormwater drainage system in conformance with the applicable standards in the Township of Delran ordinances.

U. An environmental impact statement as described in § 310-25I, Environmental impact statement, of this Code. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

V. Color photograph(s) of not less than five inches by seven inches shall be submitted in sufficient number so as to completely show the front of the property and any part of the property that is not visible in ground-level photographs taken from the front of the property. If any watercourses exist on the property, their condition shall be shown with additional photographs. Photographs need not be professionally taken or prepared.

W. Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accord with the standards of Chapter 355, Zoning, and all other ordinances of the Township of Delran and further that the building or use will not offend the public interests.

§ 290-5. Waiver of requirements.

The Planning Board may waive any of the requirements or details specified to be shown on the site plan in any given application if the Planning Board determines that certain requirements or specifications are not necessary to be shown in order to insure that said site plan conforms to the standards of good planning and will have no deleterious effect on the neighboring properties and indicates sufficient materials to assure adequate protection of the health, welfare, and safety of the people of the Township of Delran.

§ 290-6. Approval or disapproval by Planning Board.

A. Upon submission of a complete application for site plan approval, the Planning Board shall either approve or disapprove the site plan within the time limits as set forth under N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, Chapter 37, Land Use Procedures, or such extension of time as agreed to by the Board and the applicant.

B. All of the requirements set forth in this Chapter 290 dealing with site plan review shall be considered those requirements necessary for submission and approval of a site plan with the exception of requirements waived by action of the Planning Board. Nothing herein shall be construed so as to prevent any applicant from submitting an application for preliminary site plan approval based upon lesser site plan information and data as agreed to between the applicant and the Board.

§ 290-7. Requirements for site plan approval.

Planning Board approval of the site plan shall be granted in the event that the site plan complies with the following standards and regulations:

A. The applicant has submitted a site plan containing all of the information and data as provided for in this chapter.

B. The details of the site plan are in accord with the standards of Chapter 355, Zoning, all applicable provisions of Chapter 310, Subdivision of Land, particularly Chapter 310, Article VII, Improvements, Article VIII, Design Standards, and all other applicable provisions of the Code of the Township of Delran as may be in existence at the time of the application to insure that the approved plan will promote the public safety, health and general welfare.

C. Adequate provisions are made so as to prevent any drainage, sewerage, water supply, erosion or siltation problems in accordance with the design standards of Chapter 310, Article VIII, Design Standards, of the Code of the Township of Delran and all other local, county, state and federal authorities.

D. Reasonable screening, at all seasons of the year, of all playgrounds, parking and service areas from the view of adjacent properties and streets shall be provided where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public as required by Chapter 355, Zoning, and Chapter 310, Subdivision of Land, of the Code of the Township of Delran.

E. The location, power, direction and timing of any outdoor lighting, loudspeakers and public address system will conform to the provisions of Chapter 355, Zoning, and the design standards contained in Chapter 310, Subdivision of Land, of the Code of the Township of Delran and not have an adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.

F. No structure or any excavation or landfilling is to be undertaken within the boundary of any floodplain as defined in the Floodplain Map of the Township of Delran or within any wetland area or other protected areas whether by local, county, state or federal law or regulation without evidence of approval therefor or application being made therefor.

G. As a condition of final site plan approval, the reviewing board shall require, for the purpose of assuring the installation of all improvements required under such approval, that the applicant furnish performance and maintenance guaranties in accordance with the provisions of § 310-28E, Performance guaranties, and § 310-30, Maintenance guaranties, of Chapter 310, Subdivision of Land, of the Code of the Township of Delran and the provisions of N.J.S.A. 40:55D-53, 40:55D-53b, 40:55D-53.3, 40:55D-53.4 and 40:55D-53.5.

H. Any off-tract improvements which may be required as a condition of final site plan approval shall be handled in accordance with the requirements of Chapter 310, Subdivision of Land, Article IX, Off-Tract Improvements, of the Code of the Township of Delran.

§ 290-8. Construction; time limit for completion; failure to comply with as-built plans.

A. The proposed construction submitted to the Planning Board for site plan approval must be completed in all respects as provided for hereinabove within the time period for which the approval remains in force and provides the applicant protection from zoning changes as provided by N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, unless otherwise provided for by the Planning Board at the time of the approval. Failure of the applicant to complete construction within such period will nullify and void the site approval heretofore granted for the premises and will constitute a violation of Chapter 355, Zoning, as if no site plan approval had ever been granted.

B. The owner shall submit as-built plans for verification by the Engineer, and, upon such verification and compliance with all other requirements, a certificate of conformance as provided for in Chapter 37, Land Use Procedures, and Chapter 355, Zoning, may be issued.

§ 290-9. Application fees; costs for professional review.

An applicant for site plan approval shall pay such application fees and post such escrow fees and inspection fees for professional review and other necessary and related costs to their application as provided for in Chapter 150, Fees, and Chapter 37, Land Use Procedures, of the Code of the Township of Delran, which provisions are incorporated into and made a part of this Chapter 290, Site Plan Review, as if more fully set forth herein.

§ 290-10. Conditional approvals.

In the event that conditional approval is conferred subject to review and compliance with conditions imposed by the Burlington County Planning Board, the Soil Conservation District, the State Department of Transportation, the State Department of Environmental Protection, the State Department of Labor and Industry, the Army Corps of Engineers or other similar agency, applicant’s plan shall not be signed nor shall a building permit be issued until evidence of such approvals has been produced, and said approvals do not change or negate the approval conferred by the Township Planning Board. Applicant’s approval shall run from the date he receives approval from the Township approving authority rather than from the date the plan is signed.

Chapter 299. SOLID WASTE; RECYCLING

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

GENERAL REFERENCES

Littering — See Ch. 208.

Property maintenance — See Ch. 257.

Salvage yards — See Ch. 274.

Abandoned vehicles — See Ch. 334.

Article I. Garbage Collection

[Adopted by Ord. No. 1987-6 (Sec. 17-3 of the 1993 Revised General Ordinances)]

§ 299-1. Definitions.

[Amended by Ord. No. 1987-14; Ord. No. 1999-16]

For the purpose of this article, the following words shall be deemed to have the meanings herein given to them:

BUILDING MATERIALS: Any material, such as lumber, brick, plaster, gutters or other substances, accumulated as a result of repairs or additions to existing buildings, construction of new building or demolitions of existing structures.

HAZARDOUS SOLID WASTE: Materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives.

HEAVY TRASH: Large bulky items, such as refrigerators, room air conditioners, stoves, washing machines, dryers, freezers, hot-water heaters, bedsprings, mattresses, sofas and any other bulky items of a household nature. It does not mean automobiles, loose leaves or trees.

INDUSTRIAL WASTE: All waste, including solids, semisolids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises.

LITTER: Garbage, refuse, waste materials or any other discarded, used or unconsumed substance which is not handled as specified herein.

MINOR CONSTRUCTION MATERIAL: Earth, sand, bricks, stone, plaster or debris of similar substance which accumulates incidental to minor remodeling or alterations of buildings which does not exceed the weight and size limitations hereinafter set forth. The term “minor construction material” does not include debris resulting from the demolition of a building, concrete steps, walks, pools, the installation of a roof or the construction of a new building.

MULTIPLE-DWELLING UNIT: Any building or structure, and land appurtenant thereto, containing two or more apartments or rented or offered for rent to two or more tenants or family units. This shall also include condominium housing developments.

NONRESIDENTIAL USER: Any type of commercial, industrial or business establishment conducting a business for pecuniary profit.

PAPER: Newspapers, periodicals, cardboard and all other wastepaper.

RESIDENTIAL USER: A dwelling unit, inclusive of a house or a multifamily dwelling, used for residential purposes.

SOLID WASTE: Any waste material generated for disposal. Such items include those items generally known as ashes, garbage, trash, debris, rubbish and/or refuse. Included materials are rags, bulky items, earth, sand, bricks, mortar, domestic kitchen refuse and other materials generated by normal households, as well as all materials defined in this section.

SOLID WASTE COLLECTION CONTRACTOR: A person or firm for hire, properly licensed in the State of New Jersey, for the purpose of collection of solid waste.

STREET, SIDEWALK, CURB or ALLEY: Any accepted public street, curb, sidewalk or alley.

TREE AND SHRUBBERY TRIMMINGS: Waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery, cuttings or clippings or other matter usually created as refuse in the case of trees or bushes.

YARD TRASH: Waste accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings free of dirt, rocks, large branches and bulky or noncombustible material.

§ 299-2. Responsibility for collection.

A. Every residential user placing solid waste for collection from or in connection with residential property or a residential unit may have collection and removal provided for them by the Township, subject to the rules and regulations set forth within this article.

B. Disposal of trade waste, waste material, construction debris, hazardous waste and any items of solid waste not acceptable for collection as specified within this article shall be the responsibility of the property owner, the construction contractor or the producer thereof.

C. The service of refuse removal shall be conducted as an established public function of the Township and shall be financed by appropriations from general tax revenues.

§ 299-3. No collection from businesses or industries.

[Amended by Ord. No. 1999-16]

A. Owner responsibility for collection. No solid waste from businesses and industries shall be collected by the Township. Such material shall be stored, collected, removed and disposed of by the owners or operators of businesses and industries at their own expense.

B. Storage of waste pending collection. All nonresidential users shall store their solid waste in containers, as specified herein, so as to eliminate wind-driven debris and unsightly litter in and about their establishments. The number of containers necessary for each establishment shall be as required to maintain a clean, neat, sanitary premises as directed by the municipal administrative authority. Spillage and overflow shall be immediately cleaned up by such establishment when and as it occurs. The Township may order installation of sealed receptacles of the compactor nature when practicable after an establishment has been twice convicted of a violation of this section.

C. Dumpsters. All dumpster-type commercial containers shall be enclosed by at least three-sided sight-proof fencing or shrubbery, as directed by the Township.

§ 299-4. Transfer of solid waste prohibited.

A. No person shall bring, cart, remove, transport or collect any solid waste, whether paper, construction debris, bulk items or hazardous waste, from outside the Township into the Township for the purpose of dumping or disposing thereof.

B. No person shall bring, cart, remove, transport or collect any solid waste, construction debris, hazardous waste or bulk items from a nonresidential user and place the same for collection with the solid waste of a residential use. In locations where residential and nonresidential users are located on the same premises, the solid waste shall be disposed of separately, in accordance with this article.

§ 299-5. Collection schedules.

Collection schedules and methods of collection shall be as determined by the Township, provided that not less than one collection per week shall be made from each and every place to be served, and provided further that collections from residents shall not begin before 6:00 a.m. The citizens of the Township shall be informed of collection schedules or any changes therein by means of appropriate notices in the local newspaper and by such other means as may be found expedient.

§ 299-6. Placement for collection.

A. All materials set or placed for collection by residential users shall be set or placed as near as possible upon or along the curbline and shall not be set or placed in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.

B. Collectors of solid waste are prohibited from entering upon any unaccepted land, street, service area, driveway or alley or any privately owned building or portion of any such building for the purpose of removing such waste material.

C. When it shall appear to be more efficient for collection by the Township, the Township, on written request or permission by the owner, may authorize Township collectors to enter upon and collect solid waste placed at the curbline or side line of unaccepted streets, lanes, alleys, driveways, service areas or other thoroughfare areas as they may designate, subject to such conditions as they may impose. Such collection service shall not, however, be construed to be an acceptance of any such unaccepted thoroughfare or area.

D. If solid waste of residential users is not placed in accordance with this article, the collector will not accept the waste for collection.

§ 299-7. Noninterference with authorized personnel.

No person shall prevent or interfere with any agent, servant or employee of the Township, or any authorized contractor, engaged in the discharge of their duties, in the sweeping, cleaning or collection of any street or removal therefrom of solid waste.

§ 299-8. Appropriate containers.

[Amended by Ord. No. 1996-19]

A. Appropriate containers shall be provided by the owner, tenant, lessee or occupant of the premises. Containers shall be maintained in a clean, safe and good condition. Any container that does not conform to the provisions of this section or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.

B. An appropriate container shall be made of galvanized or plastic composition, shall not exceed 40 gallons in capacity, shall be no heavier than 50 pounds when filled, shall have a lid or cover and shall have two sturdy handles or, as an alternative:

(1) Plastic bags not less than two mils thick nor larger than 40 gallons may be used if properly tied; or

(2) Other water-repellant and animal-repellant bags, treated paper garbage bags or bags of a similar nature which shall not be less than two mils thick nor larger than 40 gallons.

C. Any bags used shall be properly tied and secured so as to prevent escape of solid waste.

D. In no event shall any residential unit be entitled to set out for collection on each collection day a volume to exceed 10 receptacles, bags, boxes, bundles or a combination thereof.

§ 299-9. Inappropriate containers and material.

A. Containers not complying with § 299-8, such as paper drums or plywood drums, shall not be utilized for the storage of solid waste, and inappropriate containers will be collected by the Township and disposed of.

B. No person shall place in any container any solid waste which could be injurious to the collectors thereof.

C. No solid waste shall be deposited upon any public street or any other public place, except at the curb for collection by the Township in accordance with this article.

§ 299-10. Removal of empty containers.

[Amended by Ord. No. 1987-14]

Each and every owner, tenant, housekeeper or other person occupying any dwelling or structure, or portion thereof, shall be required to remove all empty containers from the curb within 24 hours after the collection has been made.

§ 299-11. Types of materials collected.

A. Solid waste. All solid waste shall be placed and maintained in containers as specified herein. All containers shall be kept covered at all times with tight-fitting covers. All solid waste shall have drained from it all free liquid and shall be wrapped, bagged or enclosed in proper containers.

B. Ashes. All ashes shall be placed in a container covered in such a manner as to prevent the contents of the container from becoming wet due to rain or snow. Ashes shall be cold and free from any hot coals to prevent the possibility of fire. The container with the ashes shall not exceed 40 pounds in weight.

C. Household trash. All household trash shall be drained of all liquids prior to its deposit in proper containers. Household trash may be combined with garbage or yard trash. Any items of household trash which are too large for containers and cannot be reduced to a size which can be placed in proper containers may be placed with tree and shrubbery trimmings no earlier than 5:00 p.m. the day next preceding the collection date for such material, provided that such items are covered or secured so as to avoid unsightly litter condition.

D. Dangerous solid waste items. All dangerous solid waste items of an injurious nature, such as broken glass, light bulbs, sharp pieces of metal, fluorescent tubes and television tubes, shall be securely wrapped to prevent injury of the collector.

E. Hazardous solid waste and building materials. No hazardous solid waste or building material shall be placed in any container for collection by the Township, and such materials shall not be collected by the Township.

F. Yard trash. Yard trash may be stored for collection in containers as described in this article. The contents of such containers shall not extend above the top rim thereof and shall be contained by tight-fitting lids or sealed enclosure to prevent the carrying or depositing thereof by the elements upon any street, sidewalk or public or private property. Containers of yard trash shall be placed at curbside for collection no earlier than 5:00 p.m. on the day next preceding the collection date.

G. Tree and shrubbery trimmings.

(1) Loose tree and shrubbery trimmings shall be collected by the Township from April 1 through October 15 of each year. No tree trunks, branches, limbs or shrubbery larger than four inches in diameter shall be collected. All trimmings shall be placed at the curbside in a manner so as not to cause obstruction of the public. Collectors may collect trimmings from October 16 through March only after the resident has bundled with twine all trimmings in a size no longer than five feet nor heavier than 50 pounds and placed at curbside for collection no earlier than 5:00 p.m. on the day preceding the collection date.

(2) Tree and shrubbery branches, limbs and trimmings cut by landscape or tree service contractors or other commercial workers, or resulting from land being cleared, shall not be collected by the Township.

§ 299-12. Improper disposal of dangerous waste; violations and penalties.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Any person who shall be in violation of § 299-11D shall pay a penalty of $50 upon the first conviction. Subsequent convictions shall be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code.

§ 299-13. Storing of solid waste.

[Amended by Ord. No. 1987-14]

All accumulations of solid waste shall be stored or placed for collection in accordance with the following provisions:

A. Public streets, private property. No person shall place any accumulations of solid waste in any street, median strip, alley or other public place of travel nor upon any private property, except as stated herein.

B. Blockage of storm drains. No person shall place any yard trash or solid waste containers on, upon or over any storm drain or so close thereto as to be drawn by the elements into same.

C. Unauthorized accumulations. Any unauthorized accumulation of solid waste on any lot, property, premises, public street, alley or other public or private place is hereby declared to be a public nuisance and is prohibited. Failure of the owner or occupant to remove and correct any such unauthorized accumulation of solid waste shall be deemed a violation of this article.

D. Junk. It shall be unlawful for any person to place or leave outside any building or dwelling any dilapidated furniture, appliance, machinery, equipment, building material or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition. Any such item or items which remain on the property of the occupant for a period of seven days after notice of violation of this subsection shall be presumed to be abandoned and subject to being removed from the property by the Township without further notice. This shall not apply to authorized junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment.

E. Appliances. It shall be unlawful for any person to leave outside any building, in a place accessible to children, any appliance, refrigerator or other container of any kind which has an airtight snap lock or similar device without first removing the lock or door from such appliance, refrigerator or container. This law shall not apply to any appliance, refrigerator or container which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.

F. Leaves. Leaves shall be placed in containers and placed for collection at curbside. From April 1 through May 1 and from September 1 through December 15, loose leaves may also be placed for collection at curbside by the Township. At no other time or location will loose piles of leaves be collected by the Township.

G. Containers. No containers shall be stored in front of a home or in front of the building line closest to the street. If a side yard fronts a street, it shall be the duty of the tenant, owner or occupant to enclose containers to prevent wind-driven debris and public nuisance.

H. Location of containers. The Construction Official shall have the authority to determine the proper container location in private property when not specifically stated herein.

§ 299-14. Scattering of solid waste and littering.

Editor’s Note: See also Ch. 208, Littering.

A. No person shall cause to scatter solid waste or litter on any public or private street, waterway, sidewalk, alley, sewer or other public place, or on to any occupied or unoccupied premises within the Township.

B. It shall be unlawful for any vehicle transporting loose materials within the Township to transport same without suitable covers.

§ 299-15. Special disposal of contagious disease refuse.

The removal of clothing, bedding or other refuse from homes or other places where highly infectious diseases have prevailed shall be performed under the supervision and direction of the Township or the Burlington County Health Department. Such refuse shall not be placed in containers for Township collection.

§ 299-16. Dumping prohibited on Township-owned property; compost sites.

[Amended by Ord. No. 1987-14]

A. No person shall place any solid waste, hazardous materials or yard trimmings on any land owner by, or upon easements granted to, the Township of Delran.

B. The Township may maintain a compost site as approved by the New Jersey Department of Environmental Protection for the purpose of composting materials. The Township may grant access to composting facilities to others only after approval by the Township Council. Other dumping shall not be permitted.

Article II. Recycling

[Adopted by Ord. No. 1988-16 (Sec. 17-4 of the 1993 Revised General Ordinances); amended in its entirety 10-20-2010 by Ord. No. 2010-15]

§ 299-17. Purpose

The Township of Delran finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. The recycling of certain materials from the residential, commercial and institutional establishments in the Township will conserve existing landfill capacity, facilitate the implementation and operation of other forms of resource recovery and conserve natural resources through reduced energy consumption, reduced water and air pollution as well as reduce the demand on raw material extraction.

§ 299-18. Statutory authority

This chapter is adopted pursuant to N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted thereto.

§ 299-19. Definitions

The following definitions shall apply as used in this chapter:

ACT or SWMA: The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.

ALUMINUM CAN: Empty food and beverage containers comprised of aluminum. Excluded from this definition are aluminum aerosol cans, aluminum foil and trays.

ANTIFREEZE: Liquid used in a cooling system that is mixed with water and prevents the water from freezing. The solution serves as the engine coolant.

BURLINGTON COUNTY REGIONAL PROGRAM: The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.

CERTIFIED RECYCLING COORDINATOR: A person who shall have completed the requirements of a course of instruction in various aspects of recycling program management, as determined and administered by the Department of Environmental Protection.

CLASS A RECYCLABLE MATERIAL: Source-separated, nonputrescible, metal, glass and plastic bottles coded Nos. 1 and 2; and paper and corrugated and other cardboard.

CLASS B RECYCLABLE MATERIAL: Source-separated, nonputrescible waste concrete, asphalt, brick, block, asphalt-based roofing, scrap and wood waste; source-separated, nonputrescible waste materials other than metal, glass, paper, plastic containers, corrugated and other cardboard resulting from construction remodeling repair and demolition operations on houses, commercial buildings, pavements and other structures; source-separated whole trees, tree trunks, tree parts, tree stumps, brush and leaves provided that they are not composted; source-separated scrap tires; and source-separated petroleum contaminated soils.

CLASS C RECYCLABLE MATERIALS: Source-separated compostable or anaerobically digestible material such as source-separated food waste, biodegradable plastic and yard trimmings.

CLASS D RECYCLABLE MATERIAL: Used oil, antifreeze, latex paints, thermostats, fluorescent lamps (light bulbs), oil-based finishes, batteries, mercury-containing devices and consumer electronics.

COMMERCIAL ESTABLISHMENT: All commercial and industrial activities that operate for profit and are involved in retail or manufacture of goods and services provided for sale.

COMMINGLED: A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION: A location designed in accordance with the land use ordinances of the Township as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.

CONDOMINIUM COMPLEX: A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CONSUMER ELECTRONICS: Computer equipment, including desktop and laptop computers and related components, including, monitors, circuit boards, terminals, and CPUs, and peripheral equipment including keyboards, printers, copiers, and fax machines. It shall also include VCRs, CD players, DVD players, and cellular phones. “Consumer electronics” shall not include televisions as defined herein until such time as such devices are banned at solid waste disposal facilities in accordance with the Electronics Waste Recycling Act, P.L 2008, § 130 et seq. Editor’s Note: See N.J.S.A. 13:1E-99.94 et seq. and any amendments thereto.

CONTAMINANT: Solid waste, food waste, or other material which adheres to, or which is otherwise contained on or in, source-separated recyclable materials.

CORRUGATED AND OTHER CARDBOARD: All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam, foil- or wax-coated or soiled corrugated cardboard.

COUNTY: The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Division of Solid Waste Management.

CURBSIDE DESIGNATED RECYCLABLES: Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER: A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).

DE MINIMIS: Less than 1% by volume.

DEP OR DEPARTMENT: The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS: Those recyclable materials to be source-separated in the Township, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded Nos. 1 and 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.

DISPOSITION OR DISPOSAL OF DESIGNATED RECYCLABLE MATERIALS: The transportation, placement, reuse, sale, donation, transfer or temporary storage for a period not exceeding six months, or for a period of time as mandated by law, of designated recyclable materials for all possible uses except for disposal as solid waste.

DSW: The Burlington County Department of Solid Waste, its successors and assigns.

FIBER: All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.

FLUORESCENT LIGHTS: A lighting system which works by creating electric arcs inside a gas-rich tube to produce ultraviolet light, then converting this to visible fluorescent light by its passage through a layer of phosphor on the inside of the glass.

GENERATOR: Any person(s) who causes solid waste to be produced for any purpose whatsoever.

GLASS: All clear (flint), green, and brown (amber) colored glass containers. “Glass” shall not include crystal, ceramics, light bulbs, plate, window, laminated, wired or mirrored glass.

INK JET CARTRIDGE: A replaceable unit that holds ink and the print nozzles for inkjet printers.

INSTITUTIONAL ESTABLISHMENT: Any entity, either public or private, either for profit or nonprofit, who operates for educational, charitable, religious, fraternal or other public purpose.

LEAD-ACID BATTERY: Storage batteries with lead electrodes and that contain dilute sulfuric acid as the electrolyte. These include starting batteries, such as vehicle batteries, marine batteries, small sealed lead-acids and deep-cell batteries used to power vehicles or marine accessories such as trolling motors, winches or lights.

LEAVES: Vegetative material, typically generated in the autumn, which fall from trees and are collected for removal from a property.

METAL APPLIANCES: Appliances composed predominantly of metal including stoves, washing machines, dryers and water heaters. Also included are all Freon-containing appliances including air conditioners, freezers, refrigerators and dehumidifiers.

MOBILE HOME PARK: Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A: 18-61.7 et seq.

MULTIFAMILY DWELLING: Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of § 3 of the “Hotel and Multiple Dwelling Law,” N.J.S.A. 55: 13A-1 et seq. and N.J.S.A. 40:66-1.2 et seq.

MUNICIPALITY: The Township of Delran located within the County of Burlington, State of New Jersey.

MUNICIPAL RECYCLING DEPOT: A site owned and operated by the Township for the receipt and temporary storage of certain designated Class A recyclable materials delivered by residents, small commercial and nonprofit establishments for a period not exceeding two months, prior to their transport to a recycling center or end-market.

MUNICIPAL SOLID WASTE: Residential, commercial and institutional solid waste generated within a community.

MUNICIPAL SOLID WASTE STREAM: Residential, commercial and institutional waste in the context of the Statewide Solid Waste Management Plan Update, which constitutes the waste stream, used to calculate the state-mandated 50% recycling rate. This waste stream includes waste types 10 and 23.

PAPER: All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.

PERSON: Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.

PLASTIC BOTTLES: All bottles that are labeled as made from polyethylene terapthalate (PET) and coded as No. 1 and high-density polyethylene terapthalate (HDPE) and coded as No. 2. Specifically excluded are bottles that formerly contained hazardous materials, including, but not limited to paint, solvents, motor oil and pesticides and herbicides.

PUTRESCIBLE WASTE: Organic material which is capable of, and prone to, a rapid process of biological and biochemical decomposition, under anaerobic or aerobic conditions, resulting in the formation of malodorous byproducts.

QUALIFIED PRIVATE COMMUNITY: A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners’ association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No proprietary campground facility, as defined in N.J.S.A. 45:22A-49, shall be considered to be a qualified private community.

RECHARGEABLE BATTERIES: Batteries used in portable electronic devices composed of nickel cadmium (Ni-Cd), nickel metal hydride (Ni-MH), lithium ion (Li-ion) and small-sealed Lead (Pb).

RECYCLABLE MATERIALS: Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING: Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING CENTER: A facility designed and operated solely for receiving, storing, processing or transferring source-separated recyclable material (Class A, Class B, Class C and/or Class D recyclable materials).

RESIDENT: Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SCRAP METAL: Bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad box cars) which when worn or superfluous, can be recycled. Included are all ferrous and nonferrous metals including appliances and appliances containing refrigerants.

SOLID WASTE: Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.

SWMA: The New Jersey Solid Waste Management Act, as amended.

SOURCE-SEPARATED: Recyclable materials separated from the solid waste stream at the point of generation.

STEEL CAN: Empty food, beverage and aerosol containers comprised of tin, steel or a combination thereof, which formerly contained only nonhazardous substances or such other substances as have been approved for recycling by Department of Solid Waste.

TELEVISION: A stand-alone display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, having a viewable area greater than four inches measured diagonally, able to adhere to standard consumer video formats and having the capability of selecting different broadcast channels and support sound capability.

TEXTILES: Clean dry clothing or other fabric measuring at least one foot by one foot in size. It shall not include material that is wet or mildewed.

TIRES: Rubber wheels used on motorized transport or equipment whether bias-ply, cross-ply or radial.

TONER CARTRIDGE: An exhausted replaceable cartridge containing toner powder and sometimes the photosensitive drum on which a laser printer generates the image to be printed.

TYPE 10 MUNICIPAL SOLID WASTE: Waste originating in the community consisting of household waste from private residences, commercial waste which originates in wholesale, retail or service establishments such as, restaurants, stores, markets, theatres, hotels and warehouses, and institutional waste material originated in schools, hospitals, research institutions and public buildings.

TYPE 13 BULKY WASTE: Large items of waste material, such as appliances and furniture. Discarded automobiles, boats, trucks and trailers and large vehicle parts, and tires are included under this category.

USED OIL: Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling and is determined to be a solid waste by the generator.

USED OIL COLLECTION CENTER: The municipal recycling center that manages used oil and accepts and/or aggregates and stores used oil collected from used oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used oil to the collection center in shipments of no more than 55 gallons pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may also accept used oil from household “do-it-yourself” used oil generators.

§ 299-20. Designated recyclables source-separation requirements.

Notwithstanding the limitations to the Burlington County Regional Program (BCRP) or the Municipal Recycling Depot as outlined within this chapter, every person is required to source-separate and recycle each of the designated recyclable materials outlined within this chapter.

§ 299-21. Curbside program.

A. In order to facilitate the collection of certain designated recyclable materials, there is hereby established a curbside program for the collection of source-separated recyclable material from residents of the Township.

B. Designated recyclable materials for the curbside program are those materials designated by the DSW for collection within the BCRP. These materials are: aluminum cans, corrugated cardboard, glass containers, paper, plastic bottles (coded Nos. 1 and 2), steel (tin) cans and other recyclable materials as may be designated from time to time by the DSW.

C. Multifamily complexes of 20 or more units, condominium complexes of 20 or more units or mobile home parks of 20 or more units, or any commercial or institutional establishment, shall not receive collection under this program unless the collection location and type of containers are approved by the DSW.

D. Collections of recyclable materials pursuant to this section shall be in accordance with a schedule of recycling collection areas and dates promulgated by DSW and publicly advertised by the Township or County.

E. All residents served by the curbside program shall source-separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by § 299-22 of this chapter and on the date specified for collection.

F. Residents who are physically unable to place recyclable materials out for collection within the Burlington County Regional Program shall be exempt from requirements for participation within the program.

(1) Determinations for this exemption shall be at the discretion of the Township.

§ 299-22. Source separation and collection of designated recyclables for the curbside program.

All recyclables placed for collection pursuant to the curbside program established within § 299-21 of this chapter shall be source-separated and prepared for collection in accordance with the following conditions:

A. Cardboard and paper shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.

(1) Cardboard and paper shall not be set out for recycling collection in plastic bags, recycling buckets, box-like containers.

(2) In those locations where carts are provided for the collection of corrugated cardboard and paper, those materials shall be placed in the carts that are provided by the municipality.

(a) Boxes shall be flattened as to fit into the cart.

(b) Where cardboard boxes are too large to be placed in the cart and where there are too many boxes to fit within the cart, cardboard boxes must be flattened and placed alongside the cart for collection.

(3) Carts shall be placed at the curb with the lid opening facing the street.

(4) Carts shall be placed in such a manner so as to leave at least three feet of clear space around each side of the cart.

(a) Carts shall be placed in such a manner so as to avoid interference from overhead obstructions.

(5) Carts shall be maintained in a neat and sanitary condition so as to deter vermin and odors.

(6) Carts are the property of the municipality and may not be used for any other purpose or to contain any other material.

B. Glass containers, aluminum cans, steel cans and plastic bottles:

(1) Remove all caps and lids and dispose of as solid waste.

(2) Glass containers, aluminum cans, steel cans and plastic bottles shall be rinsed free of contaminants.

(3) Glass containers, aluminum cans, steel cans and plastic bottles shall be placed in a recycling container provided by the municipality.

(4) Plastic and/or paper garbage bags shall not be utilized as containers for glass containers, aluminum cans, steel cans and plastic bottles.

C. Recycling carts/containers may not be used for any other purpose whatsoever.

D. Removal of recycling carts/containers by any person is prohibited.

E. Recyclables shall not be placed for collection earlier than the evening of the day preceding a scheduled collection day. Recyclables must be placed at the roadside by 6:00 a.m. on the scheduled collection day.

F. All other terms and phrases shall be as defined in the SWMA and regulations promulgated thereunder and the County Plan, unless content clearly requires a different meaning.

§ 299-23. Establishment of Township Recycling Depot Program.

A. There is hereby established a Township Depot Program for the convenience of the residents. Source-separated recyclables listed below may be brought to the recycling drop-off during the times and days advertised by the Township.

B. The following source-separated recyclables will be accepted at the Township Recycling Depot:

(1) Aluminum cans.

(2) Corrugated cardboard.

(3) Glass containers.

(4) Paper.

(5) Plastic bottles (coded Nos. 1 and 2).

(6) Steel (tin) cans.

(7) Other recyclable materials as designated by the Township.

§ 299-24. Common area recycling storage locations.

A. It shall be the responsibility of the owner or manager of every multifamily, qualified private community and mobile home park to construct and maintain, in a neat and sanitary condition, recycling storage location(s) and recycling containers on their property in accordance with the requirements of the Burlington County Department of Solid Waste Management.

B. Designated source-separated recyclables:

(1) Aluminum cans.

(2) Corrugated cardboard.

(3) Glass containers.

(4) Paper.

(5) Plastic bottles (coded Nos. 1 and 2).

(6) Steel (tin) cans.

(7) Other recyclable materials as designated by the Township.

C. The owner or manager of each and every one of the above referenced locations shall notify all new residents within 30 days of occupancy and all other residents no less than two times each calendar year of the recycling location(s), the list of materials that is required to be recycled, the location of all recycling containers and the requirements of recyclable material preparation.

D. The owner or manager of each and every one of the above referenced locations who elects not to participate in the Burlington County Regional Program shall arrange for the collection and recycling of the designated recyclable materials outlined within this section at their own expense as allowed by law.

E. The owner or manager of each and every one of the above referenced locations shall be required to report recycling tonnages as described in § 299-26, Recycling reporting requirements, except where collection services are provided by the Burlington County Regional Program.

§ 299-25. Mandatory commercial and institutional source separation program.

All persons generating municipal solid waste within the Township through the operation of a commercial or institutional establishment shall source-separate and arrange for collection of all designated recyclables within 30 days of the effective date of this chapter.

A. Designated recyclable materials for the mandatory commercial and institutional source separation program shall consist of the following materials.

(1) Designated materials:

(a) Aluminum cans.

(b) Antifreeze.

(d) Corrugated cardboard.

(e) Fluorescent lights.

(f) Glass containers.

(g) Lead-acid batteries.

(h) Leaves.

(i) Metal appliances.

(j) Paper.

(k) Plastic bottles (coded Nos. 1 and 2).

(l) Rechargeable batteries.

(m) Steel (tin) cans.

(n) Textiles.

(o) Tires.

(p) Used motor oil.

(q) Ink jet cartridges.

(r) Toner cartridges.

(s) Other recyclable materials as designated by the Township.

B. The owner or manager of each and every commercial and institutional source shall be required to report recycling tonnages as described in § 299-26.

C. The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the individual(s) responsible for the provision of solid waste or recycling services including the provision or maintenance of litter receptacles located on the property of any commercial or institutional establishment generating designated recyclables.

§ 299-26. Recycling reporting requirements.

Pursuant to N.J.S.A. 7:26A-10.3, all multifamily housing owners, mobile home parks, commercial and institutional housing owners or their agents shall report the tonnage of designated recyclable materials collected for recycling from their business or premises, as follows:

A. The management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company shall submit to the Municipal Recycling Coordinator, by the first day of February of each year, documentation verifying the previous year’s total recycling (expressed by weight) for each material recycled.

B. Documentation shall take the form of a letter or report issued by the recycling service provider or end market to the generator of the recycled material. The generator must maintain weight slips or paid invoices and make such records available for inspection by the Township, county or state for a period not to exceed five years.

C. Any solid waste or recycling service provider shall submit to the Municipal Recycling Coordinator, by the first day of February of each year, documentation verifying the previous year’s total recycling (expressed by weight) for each material recycled as prescribed by the DSW.

D. At a minimum, all reporting shall detail the municipality of origin, the name and location of the market or recycling center and the amount of each source-separated recyclable material, expressed in gallons, tons or cubic yards, brought to each manufacturer or recycling center from the municipality of origin. Those persons specifying this information in cubic yards shall also indicate the conversion ratio utilized for calculating the materials from cubic yards to tons.

§ 299-27. Unlawful activities; nuisance.

A. It shall be unlawful for:

(1) Any person, other than those persons authorized to collect any designated recyclable which has been placed at the roadside for collection or within a recycling depot pursuant to this chapter.

(2) Any person to violate, cause, or assist in the violation of any provision of this chapter or any provision of the County Plan concerning recycling.

(3) Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling depot.

(4) Any person to hinder, obstruct, prevent or interfere with the Township, the county or any other authorized persons in the performance of any duty under this chapter or in the enforcement of this chapter.

(5) Any person to offer to collect or knowingly collect designated recyclable materials in any manner except as source-separated recyclable materials as defined herein.

(6) Any person required to provide a report as required under this chapter to fail to do so.

B. All unlawful conduct set forth in this section shall constitute a public nuisance.

§ 299-28. Noncollection of solid waste.

A. Any person collecting solid waste generated within the Township shall refuse to collect solid waste from any person who has failed to source-separate recyclables designated under any applicable section of this chapter.

B. Any person collecting solid waste generated within the Township shall refuse to collect solid waste from any person who has placed solid waste into a Township-issued recycling container.

§ 299-29. Other means of disposal.

A. Notwithstanding anything herein to the contrary, any resident of the Township may donate or sell any recyclable to any other person, whether operating for a profit or not for profit; provided, however, that the person receiving the recyclables shall not, under any circumstances, collect the donated or sold material from an established recycling collection route or from a recycling depot without prior written permission from the Township for such collection.

B. Permission for such collection shall not be given for any day other than a Saturday or Sunday and, in no case, shall such permission be given to collect recyclables from a recycling depot.

§ 299-30. Noninterference with existing contracts.

A. Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with N.J.S.A. 13:1E 29 and in force in the Township on the effective date of this chapter.

B. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this chapter, unless such renewal or such contract shall conform to the requirements of this chapter.

§ 299-31. Enforcement.

A. Enforcement of this chapter shall be the responsibility of the Township of Delran Zoning Officer, the Code Enforcement Officer, the Public Works Director and/or the Delran Township Police Department.

B. In addition to the Township of Delran Zoning Officer, the Code Enforcement Officer, the Public Works Director and/or the Delran Township Police Department, the Burlington County Health Department and the DSW are hereby appointed as enforcement officer(s) for enforcement of all recycling requirements of this chapter.

C. Enforcement of this chapter shall be commenced in the Superior Court or in the municipal court of the Township, and penalty or fine shall be collected with costs in a summary civil proceeding.

D. Any penalties or fines collected in an enforcement action shall be paid to the Township when the Township brings such action.

E. Any penalties or fines collected in an enforcement action shall be paid to the Treasurer of Burlington County when such action is brought by the Burlington County Health Department or the DSW.

§ 299-32. Violations and penalties.

A. Any person who violates the provisions of this chapter shall upon conviction thereof in a proceeding before a court of competent jurisdiction be subject to the following fines:

(1) Misuse of recycling containers/carts for trash, theft of containers: A fine of not less than $65 and not more than $100.

(2) Residential recycling violation: A fine of not less than $25 and not more than $1,000.

(3) Scavenging: A fine of not less than $50 and not more than $1,000.

(4) Commercial or institutional violation: A fine of not less than $500 and not more than $1,000.

(5) For any person who offers to collect recyclable materials in any manner except as prescribed within this chapter: A fine of not less than $1,000 and not more than $4,500.

(6) For any solid waste or recycling service provider who fails to report as required within this chapter: A fine of not less than $500 and not more than $1,000.

(7) For any management individual(s) responsible for the provision of recycling services as herein defined at all residential, commercial, institutional and industrial properties that contract for recycling services with a private company who fails to report as required within this chapter: A fine of not less than $500 and not more than $1,000.

B. Each continuing day of violation of this chapter shall constitute a separate offense.

§ 299-33. Injunctions; concurrent remedies.

In addition to any other remedy provided in this chapter, the Township may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 299-32 hereof. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the Township or the County from exercising any other remedy provided by this chapter or otherwise provided by law or equity.

§ 299-34. Construal of provisions.

The terms and provisions of this chapter are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This chapter shall be construed in pari materi with the SWMA and the County Plan.

Chapter 303. STORMWATER MANAGEMENT

[HISTORY: Adopted by the Township Council of the Township of Delran 8-17-2005 by Ord. No. 2005-23. Amendments noted where applicable.]

GENERAL REFERENCES

Feeding animals; pet waste — See Ch. 80.

Littering — See Ch. 208.

Sewers — See Ch. 281.

Solid waste; recycling — See Ch. 299.

Article I. Findings and Purpose

§ 303-1. Findings; purpose.

The Township Council finds that the New Jersey Department of Environmental Protection has determined that stormwater runoff is a significant source of pollution in the waters and streams of the state, which determination is concurred in by the Township. This chapter is intended to regulate the feeding of wildlife, disposal of waste, including pet solid waste, yard waste collection, litter, and other waste and pollution that may find its way into stormwater runoff in order to improve, preserve and protect the water quality of waters and streams within the Township and surrounding communities that may be downstream from the Township so as to protect the health safety and welfare of the public. This chapter also regulates connections to the municipal separate storm sewer system (MS4) operated by the Township and establishes penalties for violations of the provisions of this chapter.

Article II. Improper Disposal of Waste

[Amended in its entirety 10-20-2010 by Ord. No. 2010-13]

§ 303-2. Purpose.

This article requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids, or solids from the containers to the municipal separate storm sewer system operated by the Township of Delran and/or the waters of the state so as to protect public health, safety, and welfare, and to prescribe penalties for the failure to comply.

§ 303-3. Definitions.

For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Delran or other public body, and is designed and used for collecting and conveying stormwater.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

REFUSE CONTAINER: Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER: Water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

WATERS OF THE STATE: The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 303-4. Prohibited conduct.

A. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster, must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

B. Any person who owns, leases, or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids, or solids to the municipal separate storm sewer system operated by the Township of Delran or other public body.

§ 303-5. Exceptions to prohibition.

Exceptions are as follows:

A. Permitted temporary demolition containers.

B. Litter receptacles (other than dumpsters or other bulk containers).

C. Individual homeowner trash and recycling containers.

D. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

E. Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

§ 303-5.1. Enforcement.

This article shall be enforced by the Delran Township Police Department and the Delran Township Code Enforcement Official, who shall both have the ability to file complaints under this article.

§ 303-5.2. Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500.

Article III. Pet Waste

§ 303-6. Purpose.

This article establishes requirements for the proper disposal of pet solid waste in the Township of Delran so as to protect public health, safety and welfare.

§ 303-7. Definitions; word usage.

B. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning:

IMMEDIATE: That the pet solid waste is removed at once, without delay.

OWNER/KEEPER: Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PET: A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

PET SOLID WASTE: Waste matter expelled from the bowels of the pet; excrement.

PROPER DISPOSAL: Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

§ 303-8. Requirement for disposal.

All pet owners and keepers are required to immediately and properly dispose of their pet’s solid waste deposited on any property, public or private, not owned or possessed by that person.

§ 303-9. Exemptions.

Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this article while such animal is being used for that purpose.

Article IV. Wildlife Feeding

Editor’s Note: See also Ch. 80, Art. II, Feeding of Wild Waterfowl.

§ 303-10. Purpose.

This article prohibits the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Delran, so as to protect public health, safety and welfare.

§ 303-11. Definitions; word usage.

FEED: To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. “Feeding” does not include baiting in the legal taking of fish and/or game.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

WILDLIFE: All animals that are neither human nor domesticated.

§ 303-12. Prohibited conduct.

No person shall feed, in any public park or on any other property owned or operated by the Township of Delran, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

Article V. Yard Waste Collection Program

§ 303-13. Purpose.

This article establishes a yard waste collection and disposal program in the Township of Delran, so as to protect public health, safety and welfare.

§ 303-14. Definitions; word usage.

CONTAINERIZED: The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

STREET: Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

YARD WASTE: Leaves and grass clippings.

§ 303-15. Placement of yard waste for collection.

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this chapter. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street, or said party shall be deemed in violation of this chapter. The scheduled collection time shall be posted on the public bulletin board at the Municipal Building and posted on the Township’s Website.

§ 303-16. Commercial and industrial (nonresidential) properties.

The Township will not collect yard waste from commercial or industrial properties. All such nonresidential properties shall be responsible for disposing of yard waste in a manner consistent with New Jersey Department of Environmental Protection Regulations.

Article VI. Illicit Connections

§ 303-17. Purpose.

This article prohibits illicit connections to the municipal separate storm sewer system(s) operated by the Township of Delran, so as to protect public health, safety and welfare.

§ 303-18. Definitions; word usage.

A. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

B. For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning.

DOMESTIC SEWAGE: Waste and wastewater from humans or household operations.

ILLICIT CONNECTION: Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Delran, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES) Permit Number NJ0141852. Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE: Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Delran or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT: A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NONCONTACT COOLING WATER: Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PROCESS WASTEWATER: Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. “Process wastewater” includes, but is not limited to, leachate and cooling water other than noncontact cooling water.

STORMWATER: Water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 303-19. Prohibited conduct.

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Delran any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).

Article VII. Stormwater Control for Major Development

[Added 5-23-2006 by Ord. No. 2006-6 Editor’s Note: This ordinance also provided for the redesignation of former Art. VII, Enforcement and Penalties, as Art. VIII. ]

§ 303-20. Scope and purpose.

A. Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management measures and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

B. Purpose. It is the purpose of this article to establish minimum stormwater management requirements and controls for major developments as defined in § 303-21.

C. Applicability.

(1) This article shall be applicable to all site plans or subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

(a) Nonresidential major development; and

(b) Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

(2) This article shall also be applicable to all major developments undertaken by the Township of Delran.

D. Compatibility with other permit and ordinance requirements. Development approvals for subdivisions and site plans issued pursuant to this article are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This article is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ 303-21. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

CAFRA CENTERS, CORES OR NODES: Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

CAFRA PLANNING MAP: The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

COMPACTION: The increase in soil bulk density.

CORE: A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY: An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be a county planning agency or a county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT: The New Jersey Department of Environmental Protection.

DESIGNATED CENTER: A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER: A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT: The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DRAINAGE AREA: A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOOD: A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

ENVIRONMENTALLY CRITICAL AREAS: An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

IMPERVIOUS SURFACE: A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION: The process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT: Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY: Any city, borough, town, township, or village.

NODE: An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT: A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state and any state, interstate or federal agency.

POLLUTANT: Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants.

RECHARGE: The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT: Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE: The lot or lots upon which a major development is to occur or has occurred.

SOIL: All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1): An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state’s future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP: The geographic application of the State Development and Redevelopment Plan’s goals and state-wide policies, and the official map of these goals and policies.

STORMWATER: Water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN: An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE: Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER RUNOFF: Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA: A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD: A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES: A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA: Previously developed portions of areas:

A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

B. Designated as CAFRA Centers, Cores or Nodes;

C. Designated as Urban Enterprise Zones; and

D. Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATERS OF THE STATE: The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND: An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as “hydrophytic vegetation.”

§ 303-22. Design and performance standards for stormwater management measures.

A. Stormwater management measures for major development, as defined in § 303-21, shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in this article. To the maximum extent practical, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

B. The standards in this article apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

§ 303-23. Stormwater management requirements for major development.

A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 303-29.

B. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department’s Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at § 303-23F and G:

(1) The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

(2) The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

(3) The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

D. A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at § 303-23F and G may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

(1) The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

(2) The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of § 303-23F and G to the maximum extent practicable;

(3) The applicant demonstrates that, in order to meet the requirements at § 303-23F and G, existing structures currently in use, such as homes and buildings would need to be condemned; and

(4) The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate for requirements of § 303-23F and G that were not achievable on-site.

E. Nonstructural stormwater management strategies.

(1) To the maximum extent practicable, the standards in § 303-23F and G shall be met by incorporating nonstructural stormwater management strategies in this section into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in § 303-23E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

(2) Nonstructural stormwater management measures incorporated into site design shall:

(a) Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss.

(b) Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces.

(d) Minimize the decrease in the time of concentration from preconstruction to postconstruction. “Time of concentration” is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.

(e) Minimize land disturbance including clearing and grading.

(f) Minimize soil compaction.

(g) Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides.

(h) Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas.

(i) Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:

[1] Site design features that help to prevent accumulation of trash and debris in drainage systems including features that satisfy § 303-23E(3) below;

[2] Site design features that help to prevent discharge of trash and debris from drainage systems;

[3] Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

[4] When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

(3) Site design features identified under § 303-23E(2)(i)[2] above shall comply with the following standard to control passage of solid floatable materials through storm drain inlets. For purposes of this Subsection, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 303-23E(3)(c) below.

(a) Grates.

[1] Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under the grate:

[a] The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

[b] A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.

[2] Examples of grates subject to this standard include grate inlets, the grate portion (non curb opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

(b) Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven inches, or be no greater than two inches across the smallest dimension.

[1] Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

[2] Where flows from the water quality design storm as specified in § 303-23G(1) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a] A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

[b] A bar screen having a bar spacing of 0.5 inches.

[3] Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in § 303-23G(1); or

[4] Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

(4) Any land area used as a nonstructural stormwater management measure to meet the performance standards in § 303-23F and G shall be dedicated to a government agency, subjected to a conservation restriction filed with the County Clerk’s office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

(5) Guidance for nonstructural stormwater management measures is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 303-26, or found on the Department’s website at www.njstormwater.org.

F. Erosion control, groundwater recharge and runoff quantity standards.

(1) This section contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.

(a) The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

(b) The minimum design and performance standards for groundwater recharge are as follows:

[1] The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 303-24, either:

[a] Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

[b] Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.

[2] This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or projects subject to Subsection F(1)(b)[3] below.

[3] The following types of stormwater shall not be recharged:

[a] Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than reportable quantities as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

[b] Industrial stormwater exposed to source material. “Source material” means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; byproducts; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

[4] The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.

(c) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 303-23, complete one of the following:

[1] Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

[2] Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

[3] Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten- and one-hundred-year storm events are 50, 75 and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to postconstruction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

[4] In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection F(1)(c)[1], [2] and [3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

(2) Any application for a new agricultural development that meets the definition of major development at § 303-21 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, “agricultural development” means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.

G. Stormwater runoff quality standards.

(1) Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.

Table 1: Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
0	0.0000	65	0.8917
5	0.0083	70	0.9917
10	0.0166	75	1.0500
15	0.0250	80	1.0840
20	0.0500	85	1.1170
25	0.0750	90	1.1500
30	0.1000	95	1.1750
35	0.1330	100	1.2000
40	0.1660	105	1.2250
45	0.2000	110	1.2334
50	0.2583	115	1.2417
55	0.3583	120	1.2500
60	0.6250

(2) For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 303-26, or found on the Department’s website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 303-26. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418 Trenton, New Jersey, 08625-0418.

(3) If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R	=	A + B – (AXB)/100
Where
R	=	Total TSS percent load removal from application of both BMPs
A	=	The TSS percent removal rate applicable to the first BMP
B	=	The TSS percent removal rate applicable to the second BMP

	Table 2: TSS Removal Rates for BMPs
	Best Management Practice	TSS % Removal Rate
	Bioretention systems	90
	Constructed stormwater wetland	90
	Extended detention basin	40-60
	Infiltration structure	80
	Manufactured treatment device	See § 303-24C
	Sand filter	80
	Vegetative filter strip	60-80
	Wet pond	50-90

(4) If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

(5) Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in § 303-23F and G.

(6) Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in § 303-26.

(7) In accordance with the definition of “FW1” at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

(8) Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

(a) The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:

[1] A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.

[2] Encroachment within the designated special water resource protection area under Subsection G(8)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.

(b) All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the “Standards for Soil Erosion and Sediment Control in New Jersey,” established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

(c) If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard for Off-Site Stability in the “Standards for Soil Erosion and Sediment Control in New Jersey,” established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

[1] Stabilization measures shall not be placed within 150 feet of the Category One waterway;

[2] Stormwater associated with discharges allowed by this section shall achieve a 95% TSS postconstruction removal rate;

[3] Temperature shall be addressed to ensure no impact on receiving waterway;

[4] The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

[5] A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and

[6] All encroachments proposed under this section shall be subject to review and approval by the Department.

(d) A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to § 303-23G(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to § 303-23G(8) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in § 303-23G(8)(a)[1] above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

(e) Section 303-23G(8) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

§ 303-24. Calculation of stormwater runoff and groundwater recharge.

A. Stormwater runoff shall be calculated in accordance with the following:

(1) The design engineer shall calculate runoff using one of the following methods:

(a) The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 – Hydrology and Technical Release 55 – Urban Hydrology for Small Watersheds; or

(b) The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

(2) For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term “runoff coefficient” applies to both the NRCS methodology at § 303-24A(1)(a) and the Rational and Modified Rational Methods at § 303-24A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

(3) In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

(4) In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 – Urban Hydrology for Small Watersheds and other methods may be employed.

(5) If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

B. Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609) 984-6587.

§ 303-25. Standards for structural stormwater management measures.

A. Standards for structural stormwater management measures are as follows:

(1) Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).

(2) Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 303-27D.

(3) Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.

(4) At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches in diameter.

(5) Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 303-27.

B. Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established at § 303-23.

C. Manufactured treatment devices may be used to meet the requirements of § 303-23, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

§ 303-26. Sources for technical guidance.

A. Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.

(1) Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

(2) The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.

B. Additional technical guidance for stormwater management measures can be obtained from the following:

(1) The “Standards for Soil Erosion and Sediment Control in New Jersey” promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;

(2) The Rutgers Cooperative Extension Service, 732-932-9306; and

(3) The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.

§ 303-27. Safety standards for stormwater management basins.

A. This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin as well as to any modifications or expansions of existing basins.

B. Requirements for trash racks, overflow grates and escape provisions.

(1) A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

(a) The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.

(b) The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

(c) The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.

(d) The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

(2) An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

(a) The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

(b) The overflow grate spacing shall be no less than two inches across the smallest dimension.

(c) The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pound per square foot.

(3) For purposes of this subsection, “escape provisions” means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

(a) If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in § 303-27C, a freestanding outlet structure may be exempted from this requirement.

(b) Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See § 303-27D for an illustration of safety ledges in a stormwater management basin.

(c) In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

C. Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.

D. Illustration of safety ledges in a new stormwater management basin.

§ 303-28. Requirements for site development stormwater plan.

A. Submission of site development stormwater plan.

(1) Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 303-28C below as part of the submission of the applicant’s application for subdivision or site plan approval.

(2) The applicant shall demonstrate that the project meets the standards set forth in this article.

(3) The applicant shall submit 12 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 303-28C of this article.

B. Site development stormwater plan approval. The applicant’s site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this article.

C. Checklist requirements. The following information shall be required:

(1) Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

(2) Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(3) Project description and site plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

(4) Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 303-22 through 25 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(5) Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

(a) Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b) Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

(6) Calculations.

(a) Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in § 303-23 of this article.

(b) When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.

(7) Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 303-29.

(8) Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the Municipal Engineer, waive submission of any of the requirements in §§ 303-28C(1) through (6) of this article when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

§ 303-29. Maintenance and repair.

A. Applicability. Projects subject to review as in § 303-20C of this article shall comply with the requirements of §§ 303-29B and C.

B. General maintenance.

(1) The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

(2) The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners’ association) as having the responsibility for maintenance, the plan shall include documentation of such person’s agreement to assume this responsibility, or of the developer’s obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

(3) Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.

(4) If the person responsible for maintenance identified under § 303-29B(2) above is not a public agency, the maintenance plan and any future revisions based on § 303-29B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

(5) Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

(6) The person responsible for maintenance identified under § 303-29B(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

(7) The person responsible for maintenance identified under § 303-29B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

(8) The person responsible for maintenance identified under § 303-29B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection B(6) and (7) above.

(9) The requirements of § 303-29B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

(10) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person.

C. Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ 303-30. Violations and penalties.

Upon conviction by a court of competent jurisdiction for a violation of this Article VII, the court shall assess a penalties for said violation of article by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.

Article VIII. Retrofitting of Private Storm Drains

[Amended in its entirety 10-20-2010 by Ord. No. 2010-14]

§ 303-31. Purpose.

This article requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers, and other litter) to the municipal separate storm sewer system operated by the Township of Delran, or other public body, so as to protect public health, safety, and welfare, and to prescribe penalties for the failure to comply.

§ 303-32. Definitions.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Delran or other public body, and is designed and used for collecting and conveying stormwater.

PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

STORM DRAIN INLET: An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

WATERS OF THE STATE: The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 303-33. Prohibited conduct.

No person in control of private property (except a residential lot with one single-family home) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

A. Already meets the design standard below to control passage of solid and floatable materials; or

B. Is retrofitted or replaced to meet the standard in § 303-34 below prior to the completion of the project.

§ 303-34. Design standard.

Storm drain inlets identified in § 303-33 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlet. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection C below.

A. Design engineer shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(1) Grates.

(a) The New Jersey Department of Transportation (NJDOT) bicycle safe grate which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

(b) A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension.

(2) Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

B. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

C. This standard does not apply:

(1) Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

(2) Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(a) A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

(b) A bar screen having a bar spacing of 0.5 inches.

(3) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or

(4) Where the New Jersey Department of Environmental Protection determines pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New-Jersey-Register-listed historic property.

§ 303-35. Enforcement.

This article shall be enforced by the Delran Township Police Department and the Delran Township Code Enforcement Official, who shall both have the ability to file complaints under this article.

§ 303-36. Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500 for each storm drain inlet that is not retrofitted to meet the design standard.

Chapter 306. STREETS AND SIDEWALKS

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

GENERAL REFERENCES

Traffic — See Ch. 12.

Fees — See Ch. 150.

Parades — See Ch. 226.

Article I. Street Openings

[Adopted as Secs. 16-1 and 16-2 of the 1993 Revised General Ordinances; amended in its entirety 8-23-2011 by Ord. No. 2011-16]

§ 306-1. Definitions.

The following words used in this article shall have the meanings ascribed to them in this section, except in those instances where the content clearly indicates otherwise:

APPLICANT: Any person who makes application for a permit.

EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.

PERMITTEE: Any person who has been issued a permit and is obligated to fulfill all the terms of this article.

PUBLIC UTILITY: As defined under Title 48 of the New Jersey Statutes.

STANDARD SPECIFICATIONS: The New Jersey State Highway Department Standard Specifications of Road and Bridge Construction 1961 and current addendum.

S.Y.: Square yards.

§ 306-2. Permit required.

It shall be unlawful at any time for any person to cut, break, excavate or open any street of the Township, or any portion thereof, including, but not limited to, pavement, curbing, or sidewalk, for the purpose of installing, replacing, maintaining and repairing underground facilities, or for any other purpose, without first making a written application to the Township Clerk and receiving a permit for such work.

§ 306-3. Restriction on issuance of permits.

Upon certification by a duly adopted resolution of the Township Council, upon the completion of the construction, reconstruction, maintenance, resurfacing or other like or similar activity upon a roadway or a byway with the Township, the Township Council may, by resolution, provide that a road opening permit shall not be authorized or allowed to be issued for a specified period of time, not exceeding five years, in order to preserve and protect the interests of the Township in such roadway or byway.

§ 306-4. Application for permit.

A. The application for a permit to make an opening or excavation in any street shall be made to the Township Clerk, in writing, dated and signed by the applicant. It shall state the road or street proposed to be opened or excavated and shall indicate the exact location by length, width and depth of the intended excavation. It shall also specify the object or purpose of the proposed excavation.

B. In cases where the proposed opening involves construction of longitudinal pipe mains serving more than one property, the Township may also require the applicant to submit plans showing the information required above and also the relationship of the proposed installation to the existing pavement, other utilities, the street right-of-way lines and any other physical features which might be affected by the proposed construction.

C. In cases where the proposed opening involves excavation of 20 square yards or more, the application for a permit, and any other materials required by § 306-4B, should also be forwarded to the Township Engineer for review. For applications which are required to be reviewed by the Township Engineer, all inspections of the street opening shall also be performed by the Township Engineer.

§ 306-5. Deposits required.

A. Before the issuance of any permits, the applicant shall deposit with the Township Clerk of the Township the amounts set forth in § 150-10, Street openings; deposits required; inspection fee.

B. The above deposits shall reasonably approximate the cost of the installation of final resurfacing by the applicant. However, such deposits as indicated in the formula in § 150-10 shall be increased by 25% so that the total amount that the applicant shall deposit with the Township shall be in an amount equal to 125% of the estimated cost. The additional 25% is required because the fee calculated and collected at the time of the issuance of the permit is based upon an estimate of the area to be patched, and as-built conditions may vary from estimates. The Township shall release all deposits to the applicant upon completion of resurfacing and all other restoration within the Township right-of-way and final acceptance is provided by the Director of Public Works or the Township Engineer.

§ 306-6. Fees.

In addition to the above deposit, the applicant shall pay a cash, nonreturnable inspection fee as specified in § 150-10.

§ 306-7. Guarantee bond.

When the amount of the deposit as determined under § 306-5 above would exceed $1,000, the applicant may, at his or her option, furnish a guarantee bond instead of making the required deposit. A minimum of 10%, or $500, whichever is more, must remain posted in the form of cash. Such bond shall unconditionally guarantee that the applicant will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the Township.

§ 306-8. Permit specifications; time for completion.

A. The permit issued shall designate the number of square feet to be excavated, the location of same and the time within which the work contemplated thereunder shall be completed. The work shall be performed within the time specified in the permit.

B. In the case of an opening which restricts vehicular traffic to less than two ten-foot-wide travel lanes, excavation and backfill shall be made within a single eight-hour period, except under special occasions or circumstances where underground conditions or structures warrant a longer period of time. In other cases, as determined by the Director of Public Works or the Township Engineer, it shall be made within one week’s time, except where underground conditions or structures warrant a longer period of time.

C. Street openings shall be resurfaced within the period of time designated by the Township at the time the application is approved. Prior to resurfacing, the backfill shall be maintained in order to prevent depressions or bumps in the street surfaces, and suitable material shall be applied thereto to keep down dust until a temporary patch is installed.

D. All curbing or sidewalk damaged or disturbed as part of the road opening must be replaced within 48 hours from completion of work within the excavation, unless otherwise approved by the Director of Public Works or Township Engineer. All replaced concrete shall be 4,500 psi. All sidewalk shall be four inches thick, except driveway aprons, which shall be six inches thick and include welded wire mesh. All curb sections shall be of the same type and dimensions as that of any existing curb immediately adjacent thereto.

§ 306-9. Resurfacing procedures.

A. Paved roadway surfaces shall be cut vertically with a sharp tool, along straight lines, before excavating. Material excavated from the trench opening shall not be replaced as backfill unless specifically permitted by the Public Works Superintendent. In cases where it is required that the excavated material be replaced, new, clean granular backfill material shall be used. Fill material shall be deposited in ten-inch layers, each layer to be thoroughly tamped with pneumatic or mechanical tampers. The compacted backfill shall be brought to within two inches of the existing surface, and a two-inch-thick layer of compacted cold patch material, Grade A or B, shall be applied as soon as practical, but no later than at the end of the workday.

B. The temporary paved surface shall be maintained at a permanent level for a period of 30 days, unless specifically approved by the Director of Public Works or Township Engineer, after which time the applicant shall replace the temporary patch with permanent resurfacing.

C. Permanent pavement repair shall consist of six inches of bituminous stabilized base course (Mix I-2) and 2 inches of fine aggregate base course, or FABC (Mix I-5). The bituminous stabilized base course may be reduced to four inches on a residential access street, as determined by the Township Engineer. All seams shall be filled with seam sealer.

§ 306-10. Ditch restrictions.

A. No ditch shall be dug within 10 feet of any street without first obtaining the approval of the Township Engineer. Such approval shall not be given unless, in his or her opinion, the ditch will not endanger the construction of the road which it will adjoin.

B. No existing ditch adjoining a street and within 10 feet thereof shall be excavated to a depth lower than that now existing without first obtaining the approval of the Township Engineer. Approval shall not be given unless, in his or her opinion, the lowering of the depth of the ditch will not endanger the construction of the road which it adjoins.

§ 306-11. Obstructing public travel.

Any person making any opening or excavation in any street in the Township shall carry out the work as expeditiously as possible and in such manner as to cause the least public inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles and the flow of water along the gutters.

§ 306-12. Warning devices; protection of public.

All openings, diggings, excavations, equipment and barricades, including earth, dirt and stone or other materials removed from the excavation, shall be carefully guarded at all times to prevent accidents, and a sufficient number of lighted lanterns, flares or torches shall be maintained between sunset and sunrise by the contractor, or person to whom such permit has been granted, to designate such openings or obstruction during the hours of darkness. Where any excavation or trench is to extend across any road or street, only 1/2 of the same shall be made at one time, and it shall be properly backfilled before the other 1/2 is excavated so as not to interfere with traffic.

§ 306-13. Protection of property.

All existing pavements, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits or other installations or fixtures, and property liable to be injured, damaged or destroyed shall be properly protected by the person doing any work for which a permit has been granted during the time when such work is being performed.

§ 306-14. Failure to comply with requirements.

In the event that the permittee shall fail to properly compact backfill or restore with a temporary patch in accordance with the terms of this article and within the time set forth in the application, the Township may use such portion of the deposit as may be necessary to properly complete this work.

§ 306-15. Exceptions to requirements.

A. Municipal utilities or authorities. When the applicant is a Township municipal utilities authority, sewer department or water company, the Township Council may waive any or all of the provisions of this article.

B. Waiver of deposit.

(1) Public utilities. When the applicant is a public utility, the Township Council Public Works Superintendent may waive the deposit requirements for the completion of permanent resurfacing if the public utility has in the past demonstrated to the satisfaction of the Public Works Superintendent its competence in restoring the surface in accordance with the resurfacing procedures as set forth in § 306-9.

(2) Other applicants.

(a) Deposit requirements may be waived as to other applicants when jointly approved by the Township Engineer, the Public Works Superintendent and the Township Administrator. In determining whether or not such a waiver shall be granted, the Township Engineer, the Public Works Superintendent and the Township Administrator shall consider the applicant’s previous experience with road openings in the Township and their completion of permanent resurfacing in accordance with § 306-9 and, in the case of an applicant who is proceeding with an approved land subdivision, whether or not the applicant’s performance bonds, as posted, give sufficient protection to the Township to insure the final proper permanent resurfacing of the roadways in question.

(b) Other applicants requesting a waiver from the Township Engineer, the Public Works Superintendent and the Township Administrator shall be required to demonstrate to the satisfaction of the Township Engineer, the Public Works Superintendent and the Township Administrator that the posting of the required deposit would constitute an undue and unnecessary burden and hardship to the applicant and, further, that the applicant has demonstrated, either in the Township or elsewhere, its competency to restore the permanent road surface in the manner required by § 306-9, and will be responsible in the event of a failure of any road resurfacing.

(3) Revocation of waiver; hearing; posting of deposit.

(a) In the event that any applicant who has received a waiver shall fail during the course of work in any respect to comply with the provisions of this article, then, and in that event, the Township Engineer, the Public Works Superintendent and the Township Administrator, or any one of them, may, on one day’s notice, revoke the waiver and stop all further proceedings of the work. The applicant, upon request to the Township Administrator, shall be afforded a prompt hearing before the Township Engineer, the Public Works Superintendent and the Township Administrator concerning the alleged failure to proceed in accordance with this article.

(b) A hearing shall be held only if requested by the applicant; otherwise, the applicant shall not proceed until such time as he or she has posted the necessary deposit requirements, in accordance with this article. In the event that after a hearing the Township Engineer, the Public Works Superintendent and the Township Administrator determine that the failure of the applicant to comply with the terms and provisions of this article are such that he or she should not be permitted to continue, the applicant then shall be given three days to post the required deposit.

(c) Failure of the applicant to post the required deposit shall constitute a violation of this article, and the penalties as provided in § 1-5, Violations and penalties, of this Code shall apply.

(4) Report to Township Council of waiver granted and revoked.

(a) In the event that any applicant other than a public utility shall be granted a waiver from the deposit requirements of this article, the Township Engineer, the Public Works Superintendent and the Township Administrator shall prepare and file with the Mayor and Council a report setting forth such waiver and the reasons therefor.

(b) In the event that the Township Engineer, the Public Works Superintendent and the Township Administrator shall subsequently revoke any waiver heretofore granted, a report to that effect shall also be filed with the Mayor and Council setting forth the reasons for such revocation.

§ 306-16. Emergencies.

In the event of an emergency where circumstances will not warrant delay to first secure a street opening permit, a street may be opened without a permit, provided that such opening shall be confined in size to the area necessary to take care of the emergency. A street opening permit for such emergency opening, plus any additional area that it may be necessary to open, shall be secured before the close of business on the next business day of the Township following the opening. Each day’s delay in securing the street opening permit following an emergency street opening shall be deemed a distinct and separate violation of this article.

Article II. Driveway Construction

[Adopted by as Sec. 16-3 of the 1993 Revised General Ordinances]

§ 306-17. Permit required.

It shall be unlawful for any person to tear up, dig into, break up, displace or excavate any of the existing curbs for the purpose of installing driveways in the Township without first obtaining a permit therefor from the Construction Official. A separate permit will be required for each opening made. The permit shall state the location and approximate size of the opening to be made. No permit shall be deemed to authorize anything not stated in the permit. Editor’s Note: Original Sec. 16-3.2, Fee, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 306-18. Commencement of work; extension of time.

The work on any opening to be made for driveways to be installed under such permit shall be commenced within 10 days from the date of such permit and the work prosecuted with due diligence to its completion. If for any reason work is not commenced within such ten-day period, the permit shall be void unless within such ten-day period the applicant shall present the permit to the Construction Official, who shall extend the time for the beginning of such work for another period of 10 days by endorsement on the permit. No permit so extended shall be valid unless the work thereunder shall commence within 10 days from the date of such endorsement.

§ 306-19. Conformance with driveway construction standards.

The driveways to be installed shall be in strict accordance with the provisions of this article and the Plan of Standard Driveways on file in the office of the Township Clerk which is hereby incorporated by reference as a part of this article. A copy of such plan is available for inspection and review by the public in the office of the Construction Official.

§ 306-20. Variance from established standards.

There shall be no variance from the plan on file with the Township Clerk unless application has been made and approved by the Zoning Board of Adjustment.

Article III. Obstructions

[Adopted as Sec. 4-13 of the 1993 Revised General Ordinances]

§ 306-21. Definitions.

As used in this article, the following terms shall have the meanings indicated:

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.

§ 306-22. Obstruction prohibited.

No person shall place in any street or sidewalk in the Township any article which would tend to obstruct the free passage of pedestrians and vehicles along the streets or sidewalks. The following are examples of items which tend to obstruct the free passage of pedestrians and vehicles, but such enumeration is intended to be typical only and shall not be construed to be exclusive, namely, merchandise, signs, showcases, crates and barrels and other materials or equipment used in connection with the operation of a trade or business.

§ 306-23. Exceptions.

This article shall not apply to the following:

A. Obstructions caused by the loading or unloading of merchandise or equipment to and from vehicles, provided this is done in a manner which reduces the obstruction to the absolute minimum which is necessary or unavoidable.

B. Receptacles for garbage, ashes or refuse lawfully placed on a sidewalk for collection.

C. The space within three feet of the front line of any dwelling, house, shop or other building if that space is appropriated and used by the occupant or owner.

D. Materials placed on a street or sidewalk in accordance with permission granted by any other provision of this Code.

Chapter 310. SUBDIVISION OF LAND

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

GENERAL REFERENCES

Land use procedures — See Ch. 37.

Fees — See Ch. 150.

Flood damage prevention — See Ch. 167.

Site plan review — See Ch. 290.

Zoning — See Ch. 355.

Article I. Title; Purpose; Definitions; Applicability

§ 310-1. Short title.

This chapter shall be known and may be cited as the “Land Subdivision Ordinance of the Township of Delran.”

§ 310-2. Purpose.

The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision in the Township of Delran in order to promote the public health, safety, convenience and general welfare of the Township. It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.

§ 310-3. Administration.

The provisions of this chapter shall be administered in accordance with the provisions of Chapter 37, Land Use Procedures, and the New Jersey Land Use Law, N.J.S.A. 40:55D-1 et seq.

§ 310-4. Definitions.

In the administration and interpretation of this chapter, the following words and phrases shall have the meanings set forth, unless a contrary meaning clearly appears from the context:

APPROVAL, FINAL: The official action of the Planning Board taken on a preliminary approved plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements have been installed or performance guaranties properly posted for their completion. A plat that receives such final approval must have been prepared by a licensed professional engineer and a licensed land surveyor and is the map which must be filed with the County Clerk within 90 days after such action in order to make the approval binding.

APPROVAL, PRELIMINARY: The official action taken on a preliminary plat by the Planning Board meeting in regular session which determines whether or not the map submitted is in proper form and meets the established standards adopted for design layout and development of the subdivision. Such preliminary approval confers certain irrevocable rights upon a subdivider for a period of three years on condition that the general terms and conditions specifically agreed upon will be fully met and, further, that the final plat be submitted for final approval within a three-year period of time.

BOARD: The Delran Township Planning Board. The term “board” shall also include the Zoning Board of Adjustment where the Zoning Board of Adjustment is exercising the powers of the Planning Board pursuant to the New Jersey Land Use Law, N.J.S.A. 40:55D-1 et seq.

DRAINAGE RIGHT-OF-WAY: The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

LOT: A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey, map or by metes and bounds for purpose of sale, lease or separate use, and fronting upon an approved street.

MASTER PLAN: A composite of the mapped and written proposals recommending the physical development of the Township which has been duly adopted by the Planning Board.

OFFICIAL MAP: A map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 and 40:55D-33. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

OWNER: Any person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PERFORMANCE GUARANTY: Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body which approves a plat, including performance bonds, acceptable escrow agreements and other similar collateral or surety agreements approved in substance and in form by the board solicitor and the board.

PLAT: The map of a subdivision.

PLAT, FINAL: The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the proper recording officer.

PLAT, PRELIMINARY: The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and preliminary approval, and meeting the requirements of this chapter.

PLAT, SKETCH: The preliminary map of a subdivision of sufficient accuracy to be used for the purpose of discussion, and meeting the requirements of Article VI, Plat Details, of this chapter.

PROPERTY MAP: A map prepared from actual surveys giving all pertinent survey data for the outside boundary and all blocks within the subdivision. It shall also show the locations and dimensions of all streets and show easements within or contiguous to the property with deed or dedication reference and it shall conform to the detailed regulations as specified in this chapter.

PUBLIC UTILITIES MAP: A map which shows all utility easements, sanitary sewers, storm drains, open drainage channels, water and gas mains, telephone and electric service trunk lines and railroads, and conforms to the specifications as outlined in this chapter.

SITE LOCATION MAP: A map that gives the location of the existing principal roads, built-up areas, nearby shopping centers, all public buildings and various zoning districts, and conforms to detailed specifications as outlined in this chapter.

STREET: Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of a Planning Board and the grant to such board of the power to review plats and include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

A. CONTROLLED ACCESS HIGHWAYS — Those streets that are used by heavy through traffic and which permit no access from abutting property.

B. ARTERIAL STREETS — Those streets which are used primarily for fast or heavy traffic.

C. MAJOR THOROUGHFARES — Those streets which are used primarily for heavy local and through traffic.

D. MINOR STREETS — Those streets which are used primarily for access to the abutting properties.

E. COLLECTOR STREETS — Those streets which carry traffic between minor streets and major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.

F. MARGINAL SERVICE STREETS — Those streets which are parallel or adjacent to controlled access highways or major thoroughfares, and which provide access to abutting properties and protection from through traffic.

G. ALLEYS — Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

SUBDIVIDER: Any person commencing proceedings under this chapter to effect a subdivision of land hereunder.

SUBDIVISION: The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development. The following divisions shall not be considered subdivisions, provided that no new streets or roads are involved: divisions of land for agricultural purposes where the resulting parcels are three acres or larger in size and meet zoning requirements as to frontage and access; divisions of property by testamentary or intestate provisions; or divisions of property upon court order. “Subdivision” also includes resubdivision, and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.

SUBDIVISION, MAJOR: All subdivisions not classified as minor subdivisions, and any other subdivisions, whether otherwise classified as a minor subdivision, regardless of the number of lots contained therein, which provide for utilization of any parcel of land which had been included in a tract previously subdivided within a four-year period of the date of the application.

SUBDIVISION, MINOR: Any subdivision containing not more than three lots, including the remaining portion of the original lot, parcel or tract fronting on an existing street, not involving any new street or road, not requiring the extension of Township facilities, nor requiring the improvements enumerated in Article VII, Improvements, of this chapter, not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 355, Zoning, or this chapter. The Planning Board shall have the option of requiring the improvements as set forth in Article VII, Improvements, and Article VIII, Design Standards, of this chapter in lieu of classifying an application as a major subdivision.

SUBDIVISION PLAT, MINOR: The minor subdivision map indicating the proposed layout of the subdivision and which contains all of the information required by Article II, Minor Subdivision Procedure, of this chapter, which is submitted to the Secretary of the Board for Board appraisal and meeting the legal requirements of Article II of this chapter, and which, if approved, shall be filed with the proper recording officer.

TOPOGRAPHIC MAP: Shows contours, existing buildings and other structures, watercourses, wooded areas, location of test pits or borings, and conforms to the specifications as outlined in this chapter.

§ 310-5. Applicability of Chapter 37, Land Use Procedures, and Chapter 308, Stormwater Management.

[Added by Ord. 2000-18; amended 5-23-2006 by Ord. 2006-6]

A. The provisions of Chapter 37, Land Use Procedures, shall be applicable to all applications submitted under this Chapter 310, Subdivision of Land.

B. Nothing in this Chapter 310, Subdivision of Land, shall be deemed to be in conflict with Chapter 308, Stormwater Management. In the event of any inconsistency, whether percieved or actual, the provisions of Chapter 308, Stormwater Management, shall be controlling.

Article II. Minor Subdivision Procedure

§ 310-6. Purpose and intent.

If a proposed subdivision meets the requirements of a minor subdivision, as defined by this chapter, it is the intent of this chapter that these subdivisions be exempted from the procedural requirements of the major subdivision.

§ 310-7. Minor subdivision procedure.

[Amended by Ord. No. 2000-18]

A. Required documents.

(1) Any owner of land within the Township, prior to subdividing or resubdividing land defined or classified as a minor subdivision, shall submit an original linen, a reproducible linen and print with linen backer, and 10 prints of the plat of the proposed minor subdivision to the Secretary of the Planning Board, together with a properly completed application form at least three weeks before the next regular meeting of the Planning Board. The Secretary of the Board shall then immediately forward one copy of the plan to the following officials for review and report:

(a) Planning Board Solicitor.

(b) Planning Board Engineer.

(2) An original and the required number of copies shall be transmitted to the Burlington County Planning Board by the owner for consideration and report, which shall be submitted to the Secretary of the Planning Board.

B. Fee. A fee as set forth in § 150-8A shall accompany each application for a minor subdivision. The owner/applicant shall also pay the necessary costs of professional review before final approval and upon receipt of copies of the vouchers submitted by professionals performing the review.

C. Professional review, reports to Board. The Planning Board Solicitor and Engineer shall submit their reports to the Planning Board at the regular meeting next following their receipt of a copy of the plan, provided that a reasonable time has been given to these officials to review the plan.

D. County Planning Board review. No final action shall be taken by the Planning Board on any application for a minor subdivision until such time as the Burlington County Planning Board shall have had an opportunity to submit its recommendation or opinion, as the case may be, in the manner provided for by law.

E. Filing copies of approval. The Secretary shall file a signed plan of such minor subdivision, in acceptable form, with the Burlington County Planning Board, and forward a properly signed copy of the plan to the Township Clerk, Board Engineer, Construction Code Official, Tax Assessor and Tax Collector and Sewerage Authority, and also file the original and one copy of the plan in the Planning Board file for the particular application concerned. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 310-8. Improvements or guaranties prior to final approval.

If the Board imposes any requirement, as outlined in Articles VII and VII, the developer shall post performance guaranties or install the required improvements prior to subdivision approval. Where a nonresidential use is involved or proposed, the improvements shall be installed or the performance guaranties posted before excavation, clearing or filling of the land and prior to the issuance of a building permit. Such requirements may be modified or supplemented by the Planning Board in subsequent site plan review.

§ 310-9. Minor subdivision plat details.

The minor subdivision plat shall contain the following:

A. A key map showing the entire subdivision and its relation to surrounding areas, preferably at a scale of not less than 400 feet to the inch. The minimum sheet size of the plan shall be 17 inches by 22 inches. The maximum sheet size of the plan shall be 24 inches by 36 inches. The key map shall show not less than the following information:

(1) The location of the proposed subdivision to the nearest major arterial streets on all sides of the proposed subdivision. This information shall be obtained from the Tax Map of the Township.

(2) The location of all streams within 500 feet of the tract or proposed subdivision.

B. Certification of an engineer or licensed land surveyor as to accuracy of the details of the plat.

C. A copy of any protective covenants or deed restrictions applying to the land being subdivided.

D. All easements, private and public.

E. Existing zoning.

F. The name of the owners of adjoining lots, Tax Map block and lot numbers as disclosed by the most recent tax records.

G. The tract name, Tax Map block and lot number, date reference, meridian graphic scale and following names and addresses:

(1) Name and address of owner.

(2) Name and address of person preparing plan and map.

(3) Name and address of subdivider if the person be other than owner.

H. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use and the purpose thereof, all lot lines with accurate dimensions, bearings or deflections, angles, radii, arcs and central angles of all curves.

I. Minimum front, side and rear building setback lines for each lot and on all other sites in the proposed subdivision.

J. Location of all existing monuments.

K. All streets or roads proposed, mapped or built within 500 feet of the subdivision.

L. Proposed new streets and general lot layout.

M. General relief of the subdivision.

N. All existing structures and wooded areas within the area to be subdivided.

O. Acreage of tract to be subdivided to the nearest 10th of an acre.

P. Such other information deemed necessary by the Planning Board.

Q. Signature lines for the Chairperson and Secretary of the Township Planning Board and the Burlington County Planning Board.

§ 310-10. Submission of required information.

All information required in § 310-9 shall be located on the original linen, and copies of the plan, except the data relating to deed restrictions and covenants, which shall be submitted in typed form and attached to the original and copies of each plan.

Article III. Informal Reviews

[Added by Ord. No. 2000-18]

§ 310-11. Applicability.

Nothing in this article shall be considered mandatory, but the procedures provided for herein are recommended for the purpose of expediting the review process and reducing development costs.

§ 310-12. Concept plan review.

A. Pursuant to N.J.S.A. 40:55D-10.1, an applicant for site plan or subdivision approval may request an informal concept plan review before the Planning Board. Any fees paid for an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

B. Standards for the concept plan.

(1) The concept plan shall contain sufficient detail to enable the reviewing officials to determine compliance with this chapter, including the area of all proposed lots and buildings and any dimensions necessary to determine zoning compliance.

(2) Roadway and street widths shall be noted, but fully engineered plans for street, drainage, and other utility or infrastructure systems shall not be required.

(3) The required number of concept plans to be submitted by the applicant shall be determined by the administrative officer, but in no case shall be less than 16 plans.

C. The applicant shall be required to submit application fees for an informal concept review before the Planning Board; however, the applicant shall only be required to post escrow fees for the review services of the Township’s professional consultants if such review is so requested by the applicant. At the conclusion of the concept review process, any unexpended escrow fees will be returned.

D. An applicant desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Secretary of the Planning Board, which notice must be received no later than 14 days prior to the meeting of the Planning Board at which the review will take place. The Secretary of the Planning Board shall notify the applicant of the date, time and place which has been scheduled by the Planning Board for the informal review.

Article IV. Major Subdivision Procedure

§ 310-13. Purpose of preliminary plat.

[Amended by Ord. No. 2000-18]

The purpose of the preliminary plat is to provide the Board with the detailed drawings of what is expected to become the final subdivision plat. These drawings shall be precise and accurate in order to give the Board and its representatives, who are charged with the responsibility of reviewing the plat, all the data and precision necessary for a detailed review.

§ 310-14. Submission of preliminary plat.

A. A reproducible linen and at least 10 black-on-white prints of the preliminary plat map, together with three completed application forms for preliminary approval, shall be submitted by the owner, properly signed, as being the person or subdivider seeking approval, or by his or her agent acting for and with the consent of the owner, to the Secretary of the Board 14 days prior to the Board meeting at which the application will be considered. At the time of submission of the preliminary plat for preliminary approval, the subdivider shall deposit with the Secretary of the Planning Board an amount as set forth in § 150-8A for use in paying the fees for professional review of the plans by the Engineer and Solicitor and such other professionals as required. Such funds shall be deposited in a proper Township escrow account. If the subdivider should permanently discontinue work on the subdivision, then he or she may make written application to the Board for return of any unutilized portion of such escrow funds. Such action shall constitute a withdrawal of the preliminary plan. The owner/applicant shall receive copies of all vouchers submitted by the professionals relating to the professional review of the preliminary plat.

B. Copies of the preliminary plat shall be distributed to:

(1) Planning Board Engineer.

(2) Planning Board Solicitor.

(3) Board of Fire Commissioners.

(4) Sewerage Authority of Delran Township.

(5) Such other public officials as may be designated by the Board, including the planning consultant.

§ 310-15. Public hearing; notice.

The Planning Board, in all cases involving applications for preliminary major subdivision approval, shall fix a date for public hearing and shall cause a brief notice of the time, place and purpose of the hearing to be published in the official newspaper of the Township at least 10 days prior to the hearing. In addition thereto, the developer shall prepare a list of all property owners within 200 feet of the outer perimeters of the entire subdivision, as shown on the Township Tax Map, and notify such owners and other persons required by law, by certified mail, registered mail or by personal service, of the hearing. The notice of the hearing shall contain a brief description of the property involved, a statement as to its location, a list of maps or other documents to be considered and a summary statement of the matter to be heard. Copies of the plat plan shall be filed simultaneously in the office of the Township Clerk and made available for public inspection. At the time of the public hearing, the developer shall submit the list of such property owners to the Board in triplicate, together with an affidavit of service of the notice with attached return receipts. The developer shall be responsible for providing the Planning Board with satisfactory proof of service of the notice in the manner heretofore mentioned or by a method of service which will reasonably satisfy the Board that actual notice has been given to the particular property owner.

§ 310-16. Submission to County Planning Board.

The developer shall likewise be responsible for presenting adequate copies of the preliminary plat, together with other requirements, to the Burlington County Planning Board for action by that body and shall request the County Planning Board to transmit its report and/or recommendations to the Township Planning Board before the expiration of 30 days.

§ 310-17. Decision of Board; time limitations.

[Amended by Ord. No. 2000-18]

A. The Board shall act on the preliminary major subdivision application in accordance with the procedures contained in Chapter 37, Land Use Procedures, of the Code of the Township of Delran.

B. If the Board acts favorably on a preliminary plat, the Chairperson and Secretary of the Board, together with the Board Engineer, shall affix their signatures to three copies of the approved plat, retaining one in the Board Engineer’s files and returning one to the subdivider for compliance with final approval requirements.

§ 310-18. Rights upon preliminary approval.

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of such approval:

A. The general terms and conditions under which preliminary approval was granted will not be changed.

B. The applicant may submit on or before the expiration date the whole or part or parts of such plat for final approval.

§ 310-19. Submission of final plat.

[Amended by Ord. No. 2000-18]

A. Three prints of the final plat shall be submitted to the Secretary of the Board for final approval within three years from the date of preliminary approval. The Secretary shall immediately notify the Board of the receipt of the final plat, and shall forward one copy to the Board Engineer for review.

B. The applicant shall deposit with his or her application those fees and escrows required by Chapter 150, Fees, and Chapter 37, Land Use Procedures.

§ 310-20. Approval by Board; signing and filing of plat.

[Amended by Ord. No. 2000-18]

A. If the final plat is approved, a notation to that effect shall be made on two prints and signed by the Chairperson of the Planning Board. One copy shall be retained by the Board and the other returned to the developer.

B. The developer shall then have affixed to the original tracing all signatures required, with the final signature being that of the Secretary of the Board.

C. Prior to the Chairperson of the Board affixing his or her signature, the following shall have been accomplished:

(1) A written statement shall have been received from the Board Engineer that he or she is in receipt of a map showing all improvements in exact location and elevation, identifying those portions already installed, and that the subdivider has complied with one or both of the following:

(a) Installed all improvements in accordance with the requirements of the regulations; or

(b) A performance guaranty has been posted with the Township Clerk in sufficient amount to assure the completion of all required improvements.

(2) The Board Engineer shall not issue such a written statement unless he or she has received a certificate from the Delran Sewerage Authority certifying that a copy of the plat of utilities insofar as it relates to the sewers has been filed with it and that the sewers have been satisfactorily installed or a bond conditioned for their installation has been filed with the Authority.

(3) A copy of the map, referred to in Subsection C(1) above, has been received by the Board.

(4) All plats shall have been forwarded to the County Planning Board by the subdivider for its action prior to final signatures being affixed.

§ 310-21. Distribution of approved plats.

The subdivider shall have prepared the following for distribution prior to the issuance of any permits:

A. One translucent tracing cloth: file with county.

B. One cloth print: file with county.

C. One cloth print: file with Township Clerk.

D. Twelve blackline prints to be distributed as follows:

(1) Board Engineer.

(2) Secretary of the Planning Board.

(3) Township School Board.

(4) Chief of Police.

(5) Tax Assessor.

(6) Board of Fire Commissioners.

(7) Tax Collector.

(8) Board of Health.

(9) Delran Township Sewerage Authority.

(10) Construction Code Official – Zoning Officer. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Article V. Submission, Classification and Completeness of Formal Applications

[Amended by Ord. No. 2000-18]

§ 310-22. Requirements for submission of formal applications; checklist.

All formal applications for approval, including minor subdivisions and site plans, preliminary or final major subdivisions and site plans, general development plans, change of use applications, and conceptual use plans, shall be submitted with forms provided by the administrative officer. The administrative officer shall also provide the applicant with a copy of the checklist for completeness which is contained in Chapter 37, Land Use Procedures, of the Code of the Township of Delran. The completed application forms shall be accompanied by all required plans, supporting documentation, application fees and required escrow fees.

§ 310-23. Submission standards.

Plans and supporting documentation must contain all information herein required for the type of approval requested. Where there is a question as to classification of the plan, the applicant may seek advice from the administrative officer. Failure to provide all required information will result in the plan being declared incomplete.

Article VI. Plat Details

§ 310-24. Sketch plat.

The sketch plat shall be based on Tax Map information or some other similarly accurate base at a scale of preferably not less than 100 feet to the inch. The plat shall be of a standard size, 24 inches by 36 inches, as measured from the cutting edges. If one sheet is not of sufficient size to contain the entire tract, the plat may be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets. The sketch plat shall show or include the following information:

A. The location of that portion which is to be subdivided in relation to the entire tract.

B. All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

C. The name of the owner and of all adjoining property owners as disclosed by the most recent Township tax records.

D. The Tax Map sheet, block and lot numbers.

E. All streets or roads and streams within 500 feet of the subdivision.

§ 310-25. Preliminary plat.

[Amended by Ord. No. 1996-16]

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or by a planner holding full or associate membership in the American Institute of Planners. The plat shall be designed in compliance with the provisions of this section. The plat shall be of a standard size, 24 inches by 36 inches, as measured from the cutting edges. If one sheet is not of sufficient size to contain the entire tract, the plat may be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets. The preliminary plat shall show or include the following information:

A. A key map showing the entire subdivision and its relation to surrounding areas.

B. The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

(1) Name and address of the record owner or owners.

(2) Name and address of the subdivider.

(3) Name and address of the person who prepared the map.

C. Acreage of tract to be subdivided to nearest 10th of an acre.

D. Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and preliminary cross sections and center line profiles for all proposed new streets.

E. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas and rock formations.

F. Plans of proposed utility layouts, such as sewers, storm drains, water, gas and electricity, showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.

G. A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

H. A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the preliminary plat and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The plat may be accompanied by such other exhibits of any architectural or planning nature submitted by the applicant or as may be required by the Planning Board pursuant to the Township ordinances.

I. Environmental impact statement.

(1) An environmental impact statement shall be prepared by the applicant or such consultant or consultants as may be deemed qualified by virtue of their systematic interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in accordance with the criteria and guidelines hereinafter set forth.

(2) The environmental impact statement shall describe an inventory in detail of existing environmental conditions at the project site and in the surrounding regions which shall include the following:

(a) Air quality.

(b) Water quality.

(d) Hydrology.

(e) Geology.

(f) Soils.

(g) Topography.

(h) Vegetation.

(i) Wildlife.

(j) Aquatic organisms.

(k) Ecology.

(l) Demography.

(m) Land use.

(n) Aesthetics.

(o) History.

(p) Archaeology.

(3) The environmental impact statement shall also include a project description which shall specify what is to be done and how it is to be done during construction and operation. The steps to be taken to minimize adverse environmental impact during construction operation, both at the project site and the surrounding regions, shall be set forth in detail.

(4) The applicant shall also set forth the detailed report of the probable impact of the proposed project on the environment, including the impact on ecological systems such as wildlife, fish and marine life. Both primary and secondary significant consequences to the environment shall be included in the analysis, which analysis should include any implication to the proposed action as they relate to population, distribution or concentration and an assessment made of the effect of any possible change in the population patterns upon the resource base including land use, water and public services of the area which are or could become impacted. Further, any probable adverse environmental effects which cannot be avoided, including water quality, air quality, noise during and after construction, undesirable land use patterns, damage or destruction of significant plant or wildlife systems, aesthetic values, destruction of natural resources, displacement of people, businesses, displacement of variable farms, employment and property taxes, destruction of manmade resources, and disruption of desirable community and regional growth, health, safety and well-being of the public, shall be set forth. There shall be set forth in detail a discussion of the steps to be taken before, during and after construction of the project to minimize the adverse environmental effects.

(5) The applicant shall be required to perform soil testing of the project site in order to detect the presence of any level of contaminants such as pesticides, lead, herbicides, chemicals or any other environmental toxin(s) present in the soil of the project site. Results of the soil testing are to be submitted with the preliminary plan as part of the environmental impact statement. In addition to the test results, the environmental impact statement shall also describe in detail the name of the consultant performing the test, the date, time and methodology used in the soil testing and what steps are to be taken in order to alleviate any level of contamination found in or on the project site.

(6) When, in the opinion of the Planning Board, one or more requirements of the environmental impact statement as set forth herein is not applicable to the application, the Board may waive those portions of the environmental impact statement that are deemed inappropriate and unnecessary.

§ 310-26. Final plat details.

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet. The plat shall be of a standard size, 24 inches by 36 inches as measured from the cutting edges. If one sheet is not of sufficient size to contain the entire territory, the plat may be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets. The final plat shall show or be accompanied by the following:

A. Date, name and location of the subdivision, name of the owner, graphic scale and reference meridian.

B. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

C. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

D. Each block shall be numbered and the lots within each block shall be numbered consecutively beginning with number one.

E. Minimum building setback line on all lots and other sites.

F. Location and description of all monuments.

G. Names of owners of adjoining unsubdivided land.

H. Certification by the Engineer or surveyor as to the accuracy of the details of the plat.

I. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

J. When approval of a plat is required by any Township, county or state officer or body, such approval shall be certified on the plat.

K. Cross-sections and profiles of streets, approved by the Board Engineer, may be required to accompany the final plat.

L. Contours at five-foot intervals for slopes averaging 10% or greater, and at two-foot intervals for land of lesser slope.

M. Plans and profiles of storm and sanitary sewers and water mains.

N. Certificate from the Tax Collector that all taxes are paid to date.

§ 310-27. Profile details.

A. Final profiles of streets and storm and sanitary sewer lines shall be submitted at the time the final plat is submitted.

B. Profiles shall be drawn on sheets 22 inches by 36 inches drawn to a scale of not less than one inch equals 50 feet horizontal and one inch equals five feet vertical.

C. The profiles shall show, accurately platted to scale, the existing and proposed storm drains, sanitary sewers, underdrains, center lines, including inverts, and rim elevation of all manholes and invert and curb elevation of all inlets, and top and inverts of other drainage structures. The percent of grade on all center lines shall be indicated. The length of all vertical curves shall be noted, together with their respective point of curvature, point of intersection and point of tangency. The original grade line shall be indicated.

Article VII. Improvements

§ 310-28. Required improvements; performance guaranties.

[Amended by Ord. No. 2000-18]

A. Completion prior to final approval. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:

(1) Street paving, base and surface course.

(2) Street signs.

(3) Curbs.

(4) Sidewalks.

(5) Monuments.

(6) Storm sewers and other drainage structures.

(7) Approved sewer facilities.

(8) Streams.

(9) Topsoil.

(10) Fire hydrants.

(11) Recreational facilities.

(12) Streetlighting.

(13) Shade trees.

B. Certification of completion by Board Engineer. No final plat shall be approved by the Board until the completion of all such required improvements has been certified to the Board by the Board Engineer, unless the subdivision owner shall have filed with the Township a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Board Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date.

C. Connection of utilities. All such installations shall be properly connected with an existing system, or as approved by the Board, and shall be adequate to handle all present and probable future development.

D. Compliance with design standards. All of the above listed improvements shall be in accordance with the design standards of Article VIII and subject to inspection and approval by the Board Engineer. The Board Engineer shall be notified 24 hours prior to the start of the various phases of the work, and, if discontinued, shall again be notified when the work will be continued.

E. Performance guaranties.

(1) As a condition of final subdivision or site plan approval, the reviewing board shall require, for the purpose of assuring the installation of all improvements required under such approval, that the applicant furnish a performance guaranty in accordance with the following requirements and the provisions of N.J.S.A. 40:55D-53, 40:55D-53b, 40:55D-53.3, 40:55D-53.4 and 40:55D-53.5:

(a) The performance guaranty must run in favor of the Township and be in an amount not to exceed 120%, rounded to the nearest dollar, of the cost of installation of improvements the Township may deem necessary or appropriate, including, but not limited to, streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor’s monuments (as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.), water main, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements and landscaping, provided that no more than 10% of the total performance guaranty shall be in cash and the balance shall be in the form of a surety bond issued by a bonding company licensed to do business in the State of New Jersey or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Such bond or letter of credit must conform to statutory requirements and be approved and accepted by the Township governing body. The Township Engineer shall review the improvements required by the reviewing board which are to be bonded and itemize their cost. This itemization shall be the basis for determining the amount of the performance guaranty required by the Township and the inspection fees based thereon, and the estimate shall be appended to the performance guaranty. The Township Engineer shall forward his or her estimate of the cost of improvements to the applicant within 30 days after the date of receipt of a request sent by certified mail for this estimate. In the event that any of the improvements to be installed are covered by a performance guaranty to another governmental agency, no performance guaranty shall be required from the Township for such improvements.

(b) If at any time during the period of time between acceptance of the initial performance guaranty and the date the Township Council formally releases such performance guaranty the Township Council should have reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranty, all development activity for which such guaranty was established shall be discontinued until such time as a substitute guaranty, in form and substance equivalent to the guaranty which was required to be in place at the time the status of the original guaranty was questioned, shall be delivered to and accepted by the Township Council. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranties:

[1] The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.

[2] The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.

[3] The issuer of any performance guaranty shall serve on the Township notice of termination or cancellation of such guaranty.

(2) The amount of any performance guaranty may be reduced by the Township Council, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Council by resolution.

(3) If the required improvements are not completed or corrected in accordance with the finally approved development plans and approvals, the obligor and surety shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township, either prior to or after the receipt of the proceeds of the performance guaranty, may complete such improvements.

(4) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the governing body as provided in N.J.S.A. 40:55D-53(2)d(1) and (2) a list of all uncompleted or unsatisfactory completed improvements, and the Township Engineer shall respond as required. The Township Council thereafter shall, as provided in N.J.S.A. 40:55D-53(2)e(1), by resolution either approve or reject the improvements based on the Engineer’s report and authorize the amount of reduction to be made in the performance guaranty within 45 days of receipt of the list and report prepared by the Engineer. All procedures to be taken in conjunction with a reduction or release of the performance guaranty shall be in accordance with the provisions of N.J.S.A. 40:55D-53 et seq.

(a) If any portion of the required improvements is rejected, the obligor shall complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

(5) The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, pursuant to N.J.S.A. 40:55D-53h.

§ 310-29. Construction and installation of required improvements.

The subdivider shall observe the requirements and principles established in Article VIII, Design Standards, in the construction and installation of all required improvements.

§ 310-30. Maintenance guaranties.

[Amended by Ord. No. 2000-18]

A. As a condition of the final release of all performance guaranties posted by an applicant with respect to any development approval within the Township, the applicant shall deliver to the Township Clerk, for the purpose of assuring that all improvements installed in accordance with such development approval have been installed in a good and workmanlike manner and that all materials are fit for their intended purpose, a maintenance guaranty in accordance with the following standards:

(1) The maintenance guaranty shall be for a period of two years commencing on the date that the Township Council finally accepts the improvements as being complete, in an amount not to exceed 15% of the total cost of the improvements as set forth on the Township Engineer’s estimate for such improvements. In the event that other governmental agencies or public utilities automatically will own the utilities or improvements which are installed or the improvements are covered by a maintenance guaranty provided by the applicant to another governmental agency, no maintenance guaranty in favor of the Township shall be required for such utilities or improvements. Such maintenance guaranty shall be in the form of a surety bond issued by a surety licensed to do business in the State of New Jersey or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Such maintenance guaranty shall be approved and accepted by the Township Council.

(2) If any time during the period of time prior to expiration of the maintenance guaranty the Township Council has reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranty, the obligor must deliver to the Township Clerk a substitute guaranty, in form and substance equivalent to the guaranty which was required to be in place at the time the status of the original guaranty was questioned. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranties:

(a) The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.

(b) The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.

B. If the Township determines that any improvements which are covered by such maintenance guaranty have not been completed in a good and workmanlike manner, or that any materials which were incorporated into such improvements are not fit for their intended purpose and the obligor, under such maintenance guaranty, has not corrected the improvements to the satisfaction of the Township Engineer within 30 days after written notice of such defect, the obligor and the surety shall be liable on such guaranty to the Township for the reasonable cost of correcting and/or replacing such improvements, and the Township, either prior to or after the receipt of the proceeds of such guaranty, shall have the right, but not the obligation, to complete corrective work or replacements of such improvements which may be required.

Article VIII. Design Standards

[Amended by Ord. No. 1991-14]

§ 310-31. Observance of requirements.

The site plan or subdivision developer shall observe the following requirements and the basic principles of site planning in the design of each site plan or subdivision.

§ 310-32. General requirements.

[Amended by Ord. No. 2000-18]

A. Each design shall encourage good development patterns within the Township. Subdivisions and site plans shall conform to proposals and conditions shown on the official Township Master Plan. Proper performance of all work is the sole responsibility of the developer.

B. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of site plans and subdivision plats.

C. All materials and methods shall conform to the standards of the Residential Site Improvement Standards set out in N.J.A.C. 5:21-1.1 et seq., where applicable, as required by N.J.S.A. 40:55D-40.5 or to the standard specifications of the New Jersey Department of Transportation unless otherwise noted. Design criteria and policy, at a minimum, shall meet the standards established for comparable improvements installed by the Township.

§ 310-33. Streets.

A. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

B. Minor streets shall be designed to discourage through traffic.

C. The Board may require that all lots with frontage on collector or arterial streets, as listed in the Master Plan, have frontage on another minor street to serve as a point of access when this is deemed necessary by the Board. When frontage on a minor street is required, there shall be no driveway or other curb cut permitted along the frontage of the primary road.

(1) All lots requiring reverse frontage shall have an additional 25 feet of depth above the requirements of Chapter 355, Zoning, planted in evergreen trees and shrubs so as to provide a visual screen at least six feet high in a staggered double row 15 feet on center. The reverse frontage height may be met in part by grading soil to a height of four feet at a 3:1 slope within the reverse strip.

D. The right-of-way width shall be measured to the lot lines and shall not be less than that shown in the table listed below. In all cases, right-of-way widths shall be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and provide sufficient access for firefighting equipment:

Street Type	Right-of-Way (feet)	Cartway (feet)	Sidewalks Required and Width	Parking Permitted in Right-of-Way
Industrial	60	40	No	No
Arterial	80	50	Yes (5 feet)	No
Collector	60	40	Yes (5 feet)	Yes
Minor	50	34	Yes (4 feet)	Yes
Internal (see below)*

*NOTE: The right-of-way for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall be subject to approval by the Planning Board, but in no case shall they be less than 33 feet.

E. No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been conveyed to the Township Council under conditions approved by the Planning Board.

F. Applicants for subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of such road. If the subdivision is along one side, only one-half of the required extra width shall be dedicated. If realignment of an existing road is proposed, the developer shall provide not less than one-half of the future width of the side or sides owned by the developer and one-half of the future width from the new center line through any parcels not owned by the developer. It shall be the developer’s obligation to obtain the required right-of-way from the owner(s) of the lands not owned by the developer which are affected by the proposed realignment.

G. Grades of arterial and collector streets shall not exceed 4%. Grades on all other streets shall be as approved by the Board Engineer. No street shall have a grade of less than 0.75%.

H. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60 degrees. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. Any intersection of other than 90 degrees may be treated as an exception to the above and special requirements may be imposed.

I. Street jogs with center-line offsets of less than 125 feet, multilegged intersections with more than four legs and continuous through local streets extending from one major street to another shall be prohibited. Four-legged intersections should be avoided where possible.

J. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

K. When connecting street lines deflect from each other at any point by more than 10 degrees and no more than 45 degrees, they shall be connected by a curve with a center-line radius of not less than 150 feet for minor streets and 300 feet for industrial, arterial and collector streets. When connecting street lines deflect from each other at any point by more than 45 degrees, they shall be connected by a curve with a radius of not less than 500 feet. Monuments shall be firmly set in the ground on the right-of-way line at each point of curvature and point of tangency on one side of any street.

L. All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance as determined by the Board Engineer.

M. Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of 50 feet to the outside edge of the cartway and 58 feet to the right-of-way and tangent whenever possible to the right side of the street. The length of the cul-de-sac shall be measured along its center line from its intersection with the intersecting streets’ center line to the center of the radius of the cul-de-sac.

N. If a dead end is of temporary nature, a similar turnaround, as set forth in Subsection M, shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

O. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be checked against the Township master file of street names and approved by the Township Council.

P. Any street and the area on each side thereof for a distance of 10 feet on each side of the pavement of such street and for a height of 14 feet from the surface of the road shall be kept free and clear of tree limbs, vines and other obstructions to permit free and unobstructed use of such street by emergency vehicles.

Q. In general, continuous longitudinal downgrades shall not be used for more than 1,000 feet. Where the general ground slope makes longer lengths desirable, such run shall be broken by a short upgrade of sufficient length to create a low point at least six inches in depth. Inlets shall be located at the low point.

R. Pavement design shall conform to the following schedule. All materials, equipment and methods of construction shall conform to the Standard Specifications for Road and Bridge Construction of the New Jersey State Department of Transportation. Minimum slope for drainage of pavement shall be 0.75%.

Street Type	Bituminous Concrete Surface	Bituminous Stabilized Base Course	Subbase
Industrial	2-inch FABC-1	6-inch	(see below)
Arterial	2-inch FABC-1	6-inch	(see below)
Collector	2-inch FABC-1	6-inch	(see below)
Minor	2-inch FABC-1	5-inch	(see below)

Lot Type	Bituminous Concrete Surface	Bituminous Stabilized Base	Quarry^a Blend Stone Base	Subbase
Residential	2-inch FABC-1	—	6-inch	(see below)
Commercial	2-inch FABC-1	5-inch or	6-inch	(see below)
Industrial	2-inch FABC-1	5-inch		(see below)

	NOTES:
	^a	Quarry blend stone base shall not be NJDOT Type 5A.
	^b	Base course as determined by the Board Engineer, depending upon loading.

S. If the subgrade has a laboratory California Bearing Ratio (CBR) of 20 or greater (ASTM D-1883), no subbase course is required. If the CBR value is less than 20, Soil Aggregate, Type 2, Class A or B, four inches thick shall be provided for all except industrial streets, which shall have a six-inch-thick subbase. Underdrains shall be constructed where the seasonal high groundwater table is within two feet of the surface of the subgrade.

§ 310-34. Parking lots.

[Amended 5-23-2006 by Ord. No. 2006-6]

Parking lots shall be laid out for ninety-degree parking, unless otherwise approved by the Planning Board. Stalls shall be 10 feet wide and 20 feet deep. Access aisles and driveways to parking areas shall not be less than 32 feet in width and aisles within parking areas shall be 25 feet in width. Striping shall be four inches wide and white. Handicap spaces shall be 12 feet wide and marked on the pavement and with a standard sign. Designers of parking lots are encouraged to use curb cuts and/or flush curbs to allow for overland flow to landscaped areas for stormwater management. Planners and architects are further encouraged to utilize natural vegetated swales in their designs.

§ 310-35. Blocks.

A. Block length and width, or acreage within bounding roads, shall be such as to accommodate the size of lot required in the area by Chapter 355, Zoning, and to provide for convenient access, circulation control and safety of street traffic. Block lengths shall not normally exceed 1,200 feet.

B. In blocks over 1,000 feet long, pedestrian walkways may be required in locations deemed necessary by the Planning Board. Such right-of-way shall be at least 15 feet wide, be straight from street to street and contain a four-foot-wide sidewalk. No shrubs, trees, fences or other obstructions shall be permitted on the walkway.

C. For commercial or industrial use, the block size shall be sufficient to meet all area and yard requirements for such use.

§ 310-36. Lots.

A. Lot dimensions and areas shall not be less than the requirements of Chapter 355, Zoning. Lots shall be appropriate to the topography and natural characteristics of the land being subdivided and appropriate to the type of development and use contemplated.

B. Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

C. Each lot shall front upon an improved street at least 50 feet in width, except for lots fronting an internal road or alley in multifamily, commercial or industrial developments.

D. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line and all setbacks shall be measured from such line.

E. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as soil conditions, rock formations, flood conditions or similar circumstances, the Planning Board, after adequate investigation, may withhold approval of such lots or require remedial action before approval.

F. No single-family residential dwelling unit shall be permitted to front on an arterial road or a controlled access highway.

G. Subdivisions will not be approved which permit more than one principal residential use on any one lot, except in cases where multiple-family structures are permitted by ordinance.

H. If dwelling unit lots are designed with reverse frontage, the rear yard requirement shall be increased to 1 1/2 times the minimum rear yard specified for that zone district in Chapter 355, Zoning, exclusive of buffer area.

I. When a proposed single-family or multifamily dwelling unit is to be built on a concrete slab, the lot grading shall be designed to provide the following minimum elevation differential between the top of the slab, exclusive of the garage, and the top of the curb at the street. The horizontal distance shall be measured from the closest edge of the slab to the face of the curb.

	Horizontal Distance (feet)	Elevation Differential (inches)
	0 – 10	12
	11 – 20	16
	21 – 30	20
	31 or more	24

J. When a proposed single-family or multifamily dwelling unit is to be built with a basement, all basement windows are to be built above the finished grade of the adjacent ground.

K. When a proposed single-family or multifamily dwelling unit is to be built with a crawl space, the bottom of all crawl space vents are to be built a minimum of eight inches above the finished grade of the adjacent ground.

§ 310-37. Water supply.

A. All water supplies and treatment works shall comply with the rules and regulations established by the State of New Jersey Department of Environmental Protection, as amended and revised.

B. Water storage and distribution appurtenances shall be as approved by the New Jersey American Water Company and the Delran Township Fire Marshal.

C. In general, criteria affecting valve and hydrant locations shall be that:

(1) Not more than one hydrant is affected by shutting off any one section.

(2) Hydrants are located within 600 feet along street lines of any property in the subdivision.

(3) Not more than three valves are necessary to shut off any one section.

(4) The number of homes affected by shutting off any one section shall be limited to approximately 25.

§ 310-38. Sanitary sewers.

A. All sanitary sewer systems, sewage and industrial waste treatment works shall comply with the rules and regulations established by the Department of Environmental Protection of the State of New Jersey, as amended and revised.

B. Sanitary sewer pipe shall be sized for full flow from the tract, unless the Delran Sewerage Authority requires pipe sized to accommodate future extensions.

C. Minimum grades at terminal runs of all sanitary sewer lines shall be 0.8%, with 1% or greater preferred.

D. Manholes shall be placed at every point where the sanitary sewer line changes direction. In no instance shall the spacing exceed 400 feet.

E. Prior to final approval, the Engineer for the Sewerage Authority shall approve all sanitary sewer designs which will become a part of, or connect to, the Sewerage Authority facilities.

§ 310-39. Storm drainage.

[Amended 5-23-2006 by Ord. No. 2006-6]

All storm drainage shall comply with the New Jersey Stormwater Management Regulations Best Management Practices Manual and Residential Site Improvement Standards.

A. As part of and as a condition for approval for each application for all development or site plans, other than applications for variances, signs, minor site plans, and conditional uses, the applicant shall comply with the residential site improvement standards promulgated at N.J.A.C. 5:21-7.1 et seq., as amended from time to time and the New Jersey Stormwater Management Regulations.

B. Developments and site plans that are granted variances or exceptions from the stormwater management design and performance standards shall be required to perform off-site improvements for the purpose of increasing water quality, increasing ground water recharge, and/or reducing flooding. The effect of off-site improvements shall be equal to or greater than the shortfall granted as a variance or exception, as determined by the Planning Board. The off-site improvements shall be performed within the same HUC-14 zone as the proposed development or site plan. If no off-site improvements are necessary within the same HUC-14 zone, then off-site improvements shall be made in another HUC-14 zone within the municipality. The list of HUC-14 Mitigation Plans is available through the Public Works Department.

§ 310-40. Underdrains.

A. Where underdrains in streets are required, they shall be constructed of corrugated perforated polyethylene pipe encased in a stone envelope and filter fabric and shall have a minimum six-inch diameter. The size of the underdrains shall be increased not less than 10% in cross section area for each 1,000 feet of longitudinal drain. Underdrains in streets shall be provided with minimum separations from the sanitary sewer of three feet horizontally and one foot vertically. Cleanouts shall be provided at all changes in line or grade; however, the distance between cleanouts shall not exceed 400 feet. In no case shall cleanouts be permitted in sanitary manholes.

B. Underdrains shall be provided throughout all developments to carry groundwater from below structures to the storm drainage system. Perimeter house underdrains shall be installed around footings. Trenches shall be dug adjacent to the footing, 12 inches wide and extending to the bottom of the footing. A bed of two inches of three-quarter-inch washed stone shall be placed in the trench. Corrugated, perforated, polyethylene pipe four inches in diameter shall be placed around the entire perimeter of the house. The trench shall then be covered with three-quarter-inch washed stone to the top of the footing, or as directed by the Board Engineer. A cleanout with a screw-type cap shall be provided in line with the pipe connecting the perimeter house underdrain to the storm drainage system.

C. Any dwelling for which a basement is proposed shall provide for a sump pump to supplement the underdrain system around the structure. The sump pump shall discharge through a pressure line directly into an approved storm drainage system or an extension of the storm drainage system bordering on the lot. Extensions of the storm drainage system shall be located between the curb and the sidewalk and constructed in accordance with the specifications of the Board Engineer.

D. The requirements of this section may be waived by the Township if, in the opinion of the Board Engineer, the soil and groundwater conditions in the area of the housing development indicate no need for this type drainage. To qualify for the waiver, the developer shall submit engineering evidence of soil and groundwater conditions to the Board Engineer, who shall review the evidence and make a recommendation to the Board.

§ 310-41. Sidewalks, curbs and gutters.

A. All concrete for sidewalks, curbs, gutters or other site work shall be 4,000 psi air entrained portland cement concrete.

B. Sidewalks shall be installed on one or both sides of the streets as the Planning Board may direct. Widths shall be as required by § 310-33C.

C. All sidewalks shall be four inches thick, except at driveway crossings where they shall be six inches thick.

D. Concrete curbs, gutters and drive aprons shall be in accordance with the construction standard drawings. Minimum curb radii shall be 20 feet on minor streets and 30 feet on collector or arterial streets.

E. Developers are encouraged to drain sidewalks to landscaped areas and to use permeable surface where appropriate, encourage the use of curb cuts and/or flush curbs to allow for overland flow to landscaped areas for stormwater management.

[Added 5-23-2006 by Ord. No. 2006-6]

§ 310-42. Utilities.

A. Easements. In larger developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the sewerage authority, Public Service Electric and Gas Co. and the New Jersey American Water Co. No trees, shrubs, fences or other obstructions shall be permitted on the easements.

B. Underground wiring. All electric telephone, television and other communication service facilities, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

§ 310-43. Streetlighting.

A. Streetlighting shall be installed in locations approved by the Township on laminated wood poles 30 feet high, using high-pressure sodium (hps) luminaries or as specified by PSE&G.

B. For industrial and commercial sites, poles shall be approximately 400 feet on centers on alternate sides of the street, with 100 watt hps fixtures at interior locations and 150 watt hps fixtures at intersections.

C. For residential locations, poles shall be 200 feet on centers on alternate sides of the street with 50 watt hps fixtures in interior cartway areas and 100 watt hps fixtures at intersections.

D. At major intersections of an arterial road or roads, the fixture shall be 400 watt hps.

E. For private parking areas, lighting designed to provide an average maintained horizontal illumination of one footcandle shall be installed.

F. A representative isolux trace showing the average maintained horizontal illumination for each type of pedestrianway or parking area lighting to be installed shall be supplied with the plan submissions to the Board.

§ 310-44. Street names and signs.

A. The developer or individual seeking approval of a street name or renaming shall make application with the Secretary of the Planning Board of the Township of Delran, on an application form obtained from the Board as part of the application package. The application shall require the developer or individual to sign the application and obtain approval of the local postmaster. In addition, the application must contain the approving signature of the Delran Township Chief of Police and the Delran Township Fire Marshal.

B. The application shall contain a statement that the Planning Board of the Township of Delran shall not be bound by any street namings that are part of sales agreements and the developers or individual seeking the street naming.

C. Applications seeking the approval of street names in a development shall be submitted to and have approval from the Planning Board prior to the developer receiving final subdivision approval.

D. No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with the names of existing streets in the Township of Delran. The continuation of an existing street shall have the same name.

E. Whenever a person or entity makes application for the renaming of an existing street, the person or entity making the application shall be required to file the application therefor with the Township Clerk on the same form as used by a developer before the Planning Board, to publish notice of the application and the time and place of the hearing thereof in the official newspaper of the Township of Delran at least 10 days in advance of the date when the Township Council will consider the application and provide notice of the application and the time and place of the hearing thereon by certified mail to the owners of all real property abutting the street which is proposed to be renamed. Except for the requirement of Subsections A through D which provide for Planning Board action, the provisions of those subsections shall be applicable to an application for the renaming of a street.

F. The renaming of a street must be approved by a vote of 2/3 of the full membership of the Township Council.

G. Street signs shall be placed at each intersection and be in conformity with the signs already existing in the Township. They shall be placed in a minimum three-foot-by-one-foot-by-one-foot concrete foundation, with the vertical member three feet into the concrete. The head of the sign shall be securely fastened so as to prevent turning or removal under normal circumstances. Signs shall identify each street at the intersection.

§ 310-45. Monuments.

Monuments shall be of concrete or hard durable material at least 30 inches long, with the top and bottom a minimum of four inches square.

§ 310-46. Shade trees.

Shade trees shall be planted in all major subdivisions and shall be located on the street line in a manner not to interfere with utilities or sidewalks or create a hazard to traffic. The variety shall be approved by the Planning Board. The method of installation and location shall be approved by the Planning Board, upon advice of the Board Engineer. Shade trees shall be installed at a minimum size of two-inch caliper, at a minimum distance of six feet from the inside edge of the sidewalk, 30 feet on center.

§ 310-47. Planted buffer areas and green space.

[Amended by Ord. No. 2000-18]

A. Planted buffer areas shall be installed to provide a year-round visual screen of such width, height and location as approved by the Planning Board. The size, variety and planting design of the buffer area shall be as approved by the Planning Board, upon recommendation of the Board Engineer.

B. Developers of commercial and industrial sites shall provide no less than 25% of the site area for green space, not including areas in other rights-of-way.

C. The provisions of Chapter 355, Zoning, of the Code of the Township of Delran shall be controlling as to the location and nature of the buffer areas and green space, where applicable.

D. All tree clearing shall be limited to an area no greater than 20 feet beyond the driveway, parking lot, stormwater management facilities and building footprint except as required and approved by the Township Planner for the installation of utilitites and emergency access easements according to the approved plans.

[Added 5-23-2006 by Ord. No. 2006-6]

§ 310-48. Compensatory planting.

[Amended by Ord. No. 2000-18]

A. Every effort shall be made to avoid removal of trees having a caliper of five inches or greater from the property in the process of subdividing, grading or installing improvements. Where, in the judgment of the Planning Board, such removal is unavoidable, the applicant shall install trees in such locations and of such size, variety and quantity as the Planning Board shall direct.

B. Notwithstanding the five-inch-caliper limitation, no substantial area of smaller trees or shrub cover shall be removed without the provision of comparable replacement, as approved by the Planning Board. A plan and a statement of material to be removed and/or demolished shall be submitted for approval.

C. The provisions of Chapter 355, Zoning, of the Code of the Township of Delran shall be controlling as to compensatory planting, where applicable.

§ 310-49. Topsoil.

[Amended by Ord. No. 1998-12; Ord. No. 1999-15]

A. Topsoil shall contain no stones, lumps, roots or similar objects larger than two inches in any dimension, and shall have a pH value of not less than 5.8 nor more than 6.5. When the pH value of the topsoil is less than 5.8, it shall be increased by applying ground limestone at a rate necessary to attain a pH value of 6.5.

B. Topsoil shall have a minimum organic content of not less than 2.75% by weight. When the organic content of the topsoil is less than 2.75%, it shall be increased by adding peat at a rate necessary to attain this minimum organic content. The organic content of soils shall be determined by a laboratory using the chromic acid titration method, as described in the United States Department of Agriculture’s Circular 737. The gradation of the topsoil shall be determined by the laboratory using the Buoyances Hydrometry Analysis, conforming to the requirements of current AASHTO Designation T88. The gradation of the topsoil shall be within the following ranges:

Sand	2.000 – 0.050 mm	40% – 80%
Silt	0.050 – 0.005 mm	10% – 30%
Clay	0.005 mm and smaller	10% – 30%

(1) When one-half of the sand content is larger than 0.500 mm, the maximum sand content shall be 75% and the minimum clay content shall be 15%.

C. Topsoil shall be placed in such a manner as to have a minimum depth of four inches after it has been thoroughly compacted by repeated watering. The Board Engineer shall inspect the depth of the topsoil and certify as to its conformity in the case of residential building lots.

D. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Under no circumstances shall any soil or earth be removed for sale or for use other than on the premises from which the soil was taken or change the contour or grades of any lot or parcel more than six inches from the existing grades except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto which has been approved by the Planning Board of the Township of Delran, without first having procured permission therefor from the Township Council of the Township of Delran. No person shall clear a parcel of land exceeding one acre in size or any part thereof of vegetation, trees or other natural growth, except in connection with the construction or alteration of buildings on such premises and excavation, grading or clearing incidental thereto which shall have been approved by the Planning Board of the Township of Delran, without first having procured permission therefor from the Township Council of the Township of Delran.

E. The Township Council of the Township of Delran shall not consider any application for the removal or the addition of soil or the clearing of vegetation on premises unless and until the owner of the premises shall first file with the Township Clerk of the Township of Delran an application requesting such permission, together with a map of the premises showing the existing contour lines and the proposed contour grades resulting from such intended removal or addition of soil in relation to the topography of the premises, and said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Council of the Township of Delran. Said plan or map shall include the contour lines of adjacent property within 200 feet. No permission for soil removal or addition or clearing of vegetation shall be issued until such map has been filed and until the proposed contour lines and grade have been approved by the Township Council of the Township of Delran.

F. Upon written request for a hearing made by the applicant to the Township Council, an opportunity to be heard shall be granted within 30 days thereafter, and the Township Council, in considering and reviewing the application and arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare. Particular consideration shall be given to the following factors:

(1) Soil erosion by water and wind.

(2) Drainage.

(3) Soil fertility.

(4) Lateral support slopes and grades of abutting streets and lands.

(5) Land value and uses.

(6) Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

(7) Ecology.

G. If, after examining the application and the map provided for in Subsection E of this section, and after the hearing in the event that a hearing is requested by the applicant, the Township Council shall be of the opinion that the proposed soil removal or addition or the clearing of vegetation will not create conditions detrimental to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits, depressions or hills, soil eroding or fertility problems or depressed land values, nor create any drainage or sewerage problems, or other conditions or danger, permission to remove the soil shall be granted.

H. If permission to remove soil or add soil or clear vegetation shall be granted, the owner or person in charge shall so conduct the operation that there shall be no sharp declivities, pits, depressions, mounds or hills, and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Council of the Township of Delran.

I. The owner of the premises or person in charge of removal or addition of soil, when permission has been duly granted, shall not take away or cover up the top layer of arable soil to a depth of six inches; but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed or soil has been added pursuant to levels and contour lines approved by the Township Council of the Township of Delran.

J. Before any permit or permission for soil removal, soil addition or the clearing of vegetation shall be granted or issued, the owner or applicant shall file with the Township a bond, in form and with surety acceptable to the Township, in such amount as, in the opinion of the Township Council of the Township of Delran and its Engineer, shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Council pursuant to the provisions of this section.

K. No excavation shall be made and no soil shall be removed and no soil or fill shall be added and no vegetation shall be cleared under the provision of this section unless a permit therefor shall have been first obtained as provided herein; and no excavation or fill shall be made and no soil shall removed or brought in and no vegetation shall be cleared, except in conformity with provisions of this section.

§ 310-50. Recreation and open space.

[Amended by Ord. No. 1997-1]

A. The following objectives are hereby established to guide and promote the development of a coordinated and balanced open space recreation program for the Township:

(1) To provide the recreational needs of a diverse population.

(2) To reduce maintenance responsibilities.

(3) To provide flexibility as recreation needs change over periods of time.

(4) To provide alternative options in response to the individual physical characteristics associated with development projects.

(5) To prevent duplication or an imbalance of facilities.

(6) To make facilities accessible to persons with handicapping conditions.

B. All subdivisions which result in 25 or more dwelling units shall set aside no less than 15% of the total area of the subdivision for off-street recreation and open space.

[Amended 5-23-2006 by Ord. No. 2006-6]

C. Open space and recreation sites proposed for dedication shall be large, useful and usable parcels and not small, fragmented and isolated pieces of land. If, in the opinion of the approving body, the proposed open space, recreation areas and facilities do not conform to the Township’s current programs and policies, that portion of the plan so affected shall be revised by the applicant, as directed by the approving body. Any recreation and open space modifications shall be deemed to be minor plan amendments, not having a major impact on the basic housing concept and, therefore, shall not be subject to further public hearings to accomplish such plan changes. As a minimum, any modified and substituted facilities shall be equivalent in dollar value.

D. The area shall not include rights-of-way, easements, except easements across open space, ponds, man-made or natural, or floodplains.

E. The applicant shall create open space and recreation parcels not less than 1/2 acre in size if possible. Wherever possible, one open space recreation site per development should be provided.

F. All proposed recreation areas shall have minimum grades sufficient to permit active recreation facilities. All recreation areas and open space shall have a detailed grading plan submitted at the time of preliminary application.

G. The method of preserving such areas for recreation and open space shall be a dedication to the Township, to a homeowners’ association or other means approved by the approving body.

H. In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features. Open areas shall be covered with approved plantings, such as seedlings or permanent ground cover, that will eliminate repetitive maintenance, such as grass cutting. All stream banks and swales shall be covered with a maintenance-free groundcover and/or suitable engineering improvement, such as riprap, as required by the approving body. Slopes over five to one may be in grass.

I. The developer shall install, as a minimum, the following recreation facilities, or the equivalent, if approved by the approving body, on the land which has been set aside for these purposes:

Number of Dwelling Units	Playground	Tennis, Basketball or Hockey Courts	Baseball, Soccer or Football Fields
1 – 9	—	—	—
10 – 25	1	—	—
26 – 100	1	1	—
101 – 150	1	2	—
151 – 200	1	3	1
201 – 300	2	4	1
301 – 350	2	5	2
351 – 400	3	6	2
401 or more	*	*	**

	NOTES:
	*	One additional for every 100 units or fraction thereof over 400.
	**	One additional for every 200 units or fraction thereof over 400.

J. The Township’s policy is to centralize recreation facilities at key locations throughout the Township. The purpose is to prevent a multitude of small, scattered sites with insufficient facilities that cannot be properly maintained and secured. Instead, the Township shall generate a few large-scale recreation facilities with major recreation components and adequate support facilities, such as parking, that will benefit more of the Township’s residents.

K. Where, in the opinion of the appropriate board, the general welfare of the public will be better served by construction of new or improvement of existing regional recreation areas, the applicant shall make a contribution to the Township in lieu of the provision of such open space land. Such contributions shall be placed in a special recreational open space land fund to be utilized solely for the purchase or improvement of public recreational open space.

(1) The amount of the contribution shall be $575 per residential lot, which has been calculated based upon the actual cost of construction of recreation facilities within a typical project.

(2) The sum of $575 per residential lot shall be increased 5% per year, compounded as of January 1 of each year. Editor’s Note: Ordinance adopted November 26, 1991. Each section of the project shall be subject to the figure in effect at the time each final plan application is determined to be a complete submission.

(3) The sums due shall be paid periodically, based on the ratio of the number of lots in each final plan approval to the total number of lots of the entire development, and prior to the Township’s officials signing the plans.

(4) All contributions shall be payable to the Township of Delran and kept in a capital reserve fund. Moneys in such fund shall not be used for wages, salaries, insurance, gasoline, telephone, advertising or printing, but shall be expended directly for land, buildings, recreation facilities, recreation equipment and facilities necessary to maintain such recreation.

§ 310-51. Natural features.

Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features. Appropriate federal, state and county permits and/or certifications shall be obtained as a condition of preliminary approval.

§ 310-51.1. Residential recycling.

[Added 10-26-2010 by Ord. No. 2010-18]

A. Purpose. The Township of Delran finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.

B. Statutory authority. This section is adopted pursuant to P.L. 1987, § 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted thereto.

C. Definitions. As used in this section, the following definitions shall apply:

ACT OR SWMA: The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.

BURLINGTON COUNTY REGIONAL PROGRAM: The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.

CLASS A RECYCLABLE MATERIAL: Source-separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.

COMMINGLED: A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION: A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.

CONDOMINIUM COMPLEX: A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CORRUGATED AND OTHER CARDBOARD: All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.

COUNTY: The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.

CURBSIDE DESIGNATED RECYCLABLES: Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER: A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).

DEP OR DEPARTMENT: The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS: Those recyclable materials to be source-separated in this municipality, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead-acid batteries, leaves, metal appliances, paper, plastic bottles (coded Nos. 1 and 2), rechargeable batteries, steel (tin) cans, textiles, tires & used motor oil.

DSW: The Burlington County Department of Solid Waste, its successors and assigns.

FIBER: All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.

MOBILE HOME PARK: Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A: 18-61.7 et seq.

MULTIFAMILY DWELLING: Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of § 3 of the Hotel and Multiple Dwelling Law, P.L.1967, c. 76 (N.J.S.A. 55: 13A-1 et seq.) and N.J.S.A 40:66-1.2 et seq.

MUNICIPALITY: The Township of Delran located within the County of Burlington, State of New Jersey.

MUNICIPAL SOLID WASTE: Residential, commercial and institutional solid waste generated within a community.

PAPER: All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.

PERSON: Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.

QUALIFIED PRIVATE COMMUNITY: A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners’ association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No proprietary campground facility, as defined in § 1 of P.L. 1993, c.258 (N.J.S.A. 45: 22A-49), shall be considered to be a qualified private community.

RECYCLABLE MATERIALS: Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING: Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RESIDENT: Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SOLID WASTE: Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.

SWMA: The New Jersey Solid Waste Management Act, as amended.

SOURCE-SEPARATED: Recyclable materials separated from the solid waste stream at the point of generation.

D. Design of containment areas for designated recyclable materials on residential sites.

(1) Design standards for common area recycling storage locations.

(a) In accordance with the municipal recycling ordinance located at Chapter 299, Article II, of the Township Code of Delran Township, every multifamily, qualified private community and mobile home park within the Township of Delran shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.

(b) Each common area recycling storage location shall, at a minimum, conform to the following standards:

[1] The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.

Minimum Container Capacity Requirements for Weekly Recycling Service
Dual Stream Collection	Fiber (paper and cardboard)	Commingled (bottles and cans)
Non-age-restricted complex	One cubic yard of capacity for every 15 dwelling units	0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units
Age-restricted complex	One cubic yard of capacity for every 20 dwelling units	0.47 cubic yards (96 gallons) of capacity for every 24 dwelling units
Single Stream Collection	Fiber and Commingled	—
Non-age restricted complex	2 cubic yards of capacity for every 20 units	—
Age-restricted complex	1.4 cubic yards of capacity for every 20 units	—

Common Container Dimensions
Size	Length (inches)	Width (inches)	Height (inches)
1 cubic yard	72	24	29
2 cubic yards	72	34	45 (rear) / 34 (front)
3 cubic yards	72	43	48 (rear) / 40 (front)
4 cubic yards	72	51	56 (rear) / 46 (front)
6 cubic yards	80	66	71 (rear) / 47 (front)
8 cubic yards	80	71	86 (rear) / 53 (front)

[2] Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.

[3] The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.

[4] Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s):Editor’s Note: The diagram, Common Area Recycling Storage Location (Dual Stream) Detail, is included at the end of this chapter.

[5] The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:

[6] Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.

[7] Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.

[8] Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.

(2) Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.

(a) Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.

(b) Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.

(c) Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.

E. Construction. The terms and provisions of this section are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This section shall be construed in pari materi with the SWMA and the County Plan.

Article IX. Off-Tract Improvements

[Amended by Ord. No. 2000-18]

§ 310-52. Intent.

This article is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.

§ 310-53. Developers to contribute to costs of off-tract improvements.

As a condition of final subdivision or site plan approval, the reviewing board may require an applicant to pay his or her pro rata share of the cost of providing reasonable and necessary off-tract improvements directly related to the development. These costs may include the acquisition of land and/or easements for, and construction of, improvements to traffic and pedestrian circulation, water, sewerage and drainage facilities, and shade trees that are located off-tract of the property limits of the subdivision or development. This contribution is required because the improvements are necessitated or required directly by the development. In addition, a development may be liable for its share of the cost of the impact of the development to Township and/or regional capital improvements, provided that the cost shall not duplicate off-tract improvements for which the applicant is primarily responsible. The reviewing board shall provide in its resolution of approval the basis of the required improvements.

§ 310-54. Calculations of proportionate costs.

A. Full allocation. In cases where off-tact improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required, at his or her sole expense and as a condition of approval, to provide and install such improvements. In such case where the reviewing board determines that the full improvement is required to service this development, the applicant shall fully install the entire improvements at his or her expense with no reimbursement.

B. Proportionate allocation.

(1) Where it is determined that some properties outside the development will also be benefited by the off-tract improvements, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the applicant.

(2) Allocation formula.

(a) Traffic and circulation. The applicant’s proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:

[1] The Municipal Engineer, Traffic Engineer or Planner shall provide the applicant with the existing and reasonably anticipated future peak hour traffic for the off-tract improvement;

[2] The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:

Total cost of enlargement or improvement

Applicant’s cost

Capacity of enlargement or improvement

(peak-hour traffic)

Development peak-hour traffic to be accommodated by the enlargement or improvement

(b) Drainage improvements. The applicant’s proportionate share of stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip-rap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:

[1] The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in this section, computed by the applicant’s engineer and approved by the Municipal Engineer.

[2] The capacity of the enlarged, extended, or improved system shall be determined by the applicant’s engineer subject to approval of the Municipal Engineer. The plans for the improved system shall be prepared by the applicant’s engineer and the estimated cost of the enlarged system calculated by the Municipal Engineer. The prorated share for the proposed improvement shall be computed as follows:

Total cost of enlargement or improvement

Applicant’s cost

Capacity of enlargement or improvement

(total capacity expressed in cubic feet per second)

Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement of improvement

(c) Other improvements, other criteria. The reviewing board may also use any reasonable criteria to determine the proportionate share of such improvements as it feels are necessary to protect the health, safety and general welfare of the Township which are reasonable and necessary off-tract improvements directly related to the proposed development.

§ 310-55. Future funds.

Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in a separate interest-bearing account to the credit of the Township of Delran until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all monies and interest shall be returned to the applicant.

§ 310-56. Assessment of property.

Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements, based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Township pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit previously deposited, and then only to the extent of the deficiency.

§ 310-57. Credit for work performed.

In the event that the applicant, with the Township’s consent, decides to install and construct the off-tract improvements or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Township in the same manner as if the applicant had deposited its proportionate cost with the Township, as provided herein.

§ 310-58. Installation of improvements by applicant.

At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.

§ 310-59. Compliance with design criteria.

[Amended 5-23-2006 by Ord. No. 2006-6]

Should the applicant and the Township enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, the applicant shall observe all requirements and principals of this article in the design of such improvements and conform to the New Jersey Stormwater Management Rules.

Article X. Rodent and Skunk Control

[Amended by Ord. No. 1988-14]

§ 310-60. Rodent control.

Prior to beginning any excavation or land clearance operation involving any major subdivision, minor subdivision or site plan construction within the limits of the Township, the developer shall effect one of the following alternative rat control programs with a pest control operator whose qualifications and experience meet with the approval of the Burlington County Health Department, Township Code Enforcement Official and riverfront animal control officer.

A. Cyanide gas. Not more than one week before any particular area within the limits specified above is excavated, the developer’s pest control operator shall gas all visible rat burrows with cyanide gas. By means of a foot pump designed for the purpose, calcium cyanide in a dust or finely powdered form shall be injected into the burrow with five or six strokes of the pump. The pump shall then be used to pump air into the burrow, forcing the gas throughout the burrow system. If gas is seen to be escaping from other holes, these holes shall be immediately sealed.

B. Toxic bait. At least five days and not more than 14 days before excavating any particular area within the limits specified above, the contractor’s pest control operator shall place toxic bait over that area.

(1) Toxic bait shall consist of a suitable grain bait in plastic bags or in paraffinized blocks containing one of the following anticoagulants in the amount specified:

	Anticoagulants	Percentage by Weight
	Diaphacinone	0.005 to 0.01
	Fumarin	0.025 minimum
	Pival	0.025 minimum
	Warfarin	0.005 to 0.025

(2) The toxic bait shall be placed at the minimum rate of one pound of bait per 400 square feet of area to be treated, placed at the discretion of the pest control operator.

(3) The treated area shall be checked daily for a minimum of four follow-up inspections. The toxic bait shall be renewed on each inspection as necessary to restore the bait to its original amount.

(4) All visible carcasses of rats shall be removed and disposed of by the pest control operator at the times of placing or inspecting the toxic bait.

§ 310-61. Skunk control.

The developer shall also effect a skunk control program with the pest control operator using an accepted method of rodent control, as approved by the county or other agencies as appropriate.

§ 310-62. Certification and treatment.

A. The pest control operator shall submit a signed statement to the Code Enforcement Officer certifying the type of treatment utilized and the visible results thereof.

B. No building permit shall be issued until the certification if filed with the Code Enforcement Officer and he or she is satisfied that the area is free from rats, skunks and other rodents.

§ 310-63. Advance notice of treatment to adjoining owners.

Prior to the implementation of any action required under this article, the developer shall provide written advance notice to all property owners within 200 feet of the subject property about such action in a manner prescribed by law.

§ 310-64. Applicability to other animals.

This article shall be applicable to rodents only. The developer shall be responsible for compliance with state law regarding the removal of any other animal.

Article XI. Minimum Requirements; Variances

§ 310-65. Minimum requirements.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Delran.

§ 310-66. Authority to grant variances.

Any action taken by the Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider can clearly demonstrate that, because of peculiar conditions pertaining to his or her land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the Board may permit such variance or variances as may be reasonable and within the general purposes and intent of the rules, regulations and standards established by this chapter.

Article XII. Violations and Penalties

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

§ 310-67. Violations and penalties.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which the Township’s approval is required, such person shall be subject to a penalty of $1,000. Each lot disposition shall be deemed a separate violation.

§ 310-68. Civil action.

In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with law by the Township.

§ 310-69. Lien.

In any such action, the transferee, purchaser or grantee is entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his or her assigns or successors to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

Chapter 317. TAXICABS

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

GENERAL REFERENCES

Fees — See Ch. 150.

Noise — See Ch. 217.

§ 317-1. Definitions.

As used in this chapter, the following words shall have the following meanings:

CRUISING: The driving of an empty taxicab to and fro along a public street at a slow rate of speed for the obvious purpose of soliciting passengers.

STREET: Any street, road, avenue, park, parkway, highway or other public right-of-way.

TAXICAB: Any automobile or motor vehicle commonly called taxi, autocab, limousine or by whatever other name or designation they may be known, engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run over the public streets or highways in the Township, and particularly accepts and discharges persons who may offer themselves for transportation from points or places within the Township to points or places within or without the Township, or which is hired by charter or for a particular contract, or by the day or hour, or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this definition or chapter shall apply to omnibuses or to school buses.

§ 317-2. Taxicab license.

A. License required. No person shall operate, or permit to be operated, a taxicab within the Township limits without first obtaining a license therefor from the Township.

B. Application; contents; fee.

(1) Application. An application for a taxicab license shall be made by the owner, lessee or bailee of the vehicle upon forms furnished by the Township Clerk and shall be so sworn to and filed with the Clerk.

(2) Contents.

(a) The application shall state:

[1] The name and address of applicant.

[2] The length of time applicant has resided at such address.

[3] The place of birth of applicant.

[4] The name and address of employer of applicant.

[5] Whether applicant was ever convicted of a crime and, if so, the date and place of conviction and nature of offense.

[6] Whether applicant was ever previously licensed to operate a taxi and, if so, where.

[7] The name and address of the business from which the applicant intends to operate such taxicab.

[8] Whether any license of the applicant to operate a taxi has ever been refused or revoked and, if so, the date, by whom and the cause.

[9] A description of the vehicle, with serial and engine numbers, the state registration number and the length of time it has been in use.

[10] The ownership of the vehicle and the interest of applicant therein.

[11] The number of persons the vehicle is capable of carrying.

[12] A complete schedule of rates.

[13] Such other information as may be required by the Township Administrator relevant to the purposes for which the license is granted.

(b) If the applicant is a partnership or corporation, the information required by Subsection B(2)(a)[1] through [8] shall be furnished for each partner or each officer and director and such stockholder owning or having a beneficial interest in 10% or more of the corporate stock.

(3) Fee. A fee as set forth in § 150-3A of this Code shall be paid to the Township Clerk upon the filing of each application. No license fee shall be prorated, nor shall any part thereof be refunded for any reason, unless the application shall be denied.

C. Inspection of taxicabs. The Township Administrator shall cause a thorough and careful inspection of each taxicab to be made to determine whether each vehicle is of good appearance, well painted and in a clean and sanitary condition and in a safe condition for the transportation of passengers.

D. License approval; issuance; renewal.

(1) Approval.

(a) If the Township Administrator finds that the applicant is fit, willing and able to provide such public transportation and to conform to the provisions of this chapter and each vehicle conforms to the requirements of § 317-6U through X, he or she shall approve the issuance of a taxicab license.

(b) No taxicab license or taxicab driver’s license shall be issued to an individual who is not a citizen of the United States or who has been convicted of a crime involving moral turpitude and unless he or she has been a bona fide resident of the Township of Delran of one year next preceding the date of his or her application, unless, for good cause shown and established at a hearing for that purpose by the Township Council, such disqualification shall be waived.

(2) Issuance. The Clerk shall then issue, under the Seal of the Township, a license stating the name and address of the licensee, a description of the vehicle including the motor and serial number, the maximum number of passengers to be carried therein at any one time, the date of issuance and such other information as may be appropriate.

(3) Renewal. Licenses shall be first issued to those applicants holding a current taxicab license who have filed for a renewal thereof prior to December 1 of each year.

E. License expiration date; transfers.

(1) Expiration date. All taxicab licenses shall expire on December 31 of each year.

(2) Transfers. Any taxicab licenses issued hereunder may be transferred to another person or another vehicle upon compliance with this chapter and approval by the Township Administrator of an application therefor and the payment of a fee as set forth in § 150-3A of this Code to the Township Clerk. The Clerk shall thereupon cancel the license and issue a replacement in accordance with such application.

F. Insurance required.

(1) No taxicab license shall be issued until the applicant for a taxicab license shall have first filed with the Township Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey, conditioned for the payment of a sum not less than:

(a) Two hundred fifty thousand dollars to satisfy all claims for damages, by reason of bodily injury to or death of any one person, resulting from an accident, and a sum not less than $500,000 to satisfy all claims for damages, by reason of bodily injuries to or death of all persons, on account of any such accident, by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.

(b) Fifty thousand dollars to satisfy all claims for damages to property of any person or persons resulting from an accident, on account of such accident, by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.

(2) The taxicab license and operation thereunder shall be effective only so long as the insurance policy required by this section shall remain in full force to the full and collectible amounts as required by this subsection.

G. Power of attorney required. No taxicab license shall be issued until there has been executed and delivered to the Township Clerk, concurrently with the filing of the policy of insurance referred to in Subsection F, a power of attorney, wherein and whereby the owner of a vehicle to be licensed shall nominate, constitute and appoint the Township Clerk as his or her true and lawful attorney for the purpose of acknowledging service of any process out of any court of competent jurisdiction to be serviced against the insured by virtue of the indemnity granted under the insurance policy filed.

§ 317-3. Taxicab driver’s permit.

A. Permit required. No person shall operate, or permit to be operated, any taxicab upon the streets of the Township by any person not the holder of a valid taxicab driver’s permit issued pursuant to this section.

B. Driver requirements. Each applicant for a driver’s license, under the terms of this chapter, must conform to the following requirements and continue to abide by these requirements subsequent to licensing approval:

(1) Be of the age of 21 years or over, a citizen of the United States or have declared his or her intention to become such citizen and shall not have been convicted of any crime and/or disorderly person offense involving moral turpitude including, but not limited to, conviction for possession and/or distribution of pornography, all elements included under the New Jersey statute prohibiting prostitution, sexual offenses or physical violence against persons or property and conviction under New Jersey Statute Title 24, Narcotics and Dangerous Drugs within 10 years next preceding the date of application for license, unless the Township Council, for good cause shown and established at a hearing held for that purpose, shall waive any disqualification based on such conviction.

(a) In addition, no applicant shall have a record of motor vehicle operation which contains any convictions within three years of the application for reckless driving, driving while intoxicated or under the influence of drugs, or leaving the scene of an accident.

(b) In the event of a conviction for any such violation, the licensee shall be subject to a hearing leading to suspension or revocation.

(2) Be able to read and write the English language.

(3) Be clean in dress and person and not addicted to the use of narcotics or intoxicating liquors.

(4) Be familiar with the geography of the Township.

C. Application; photographs; medical certificate; fee.

(1) Application information. Application for a taxicab driver’s permit shall be made upon forms furnished by the Township Clerk, by any person who has been a licensed driver for at least three years. The application shall state:

(a) The name and address of the applicant.

(b) The date and place of the applicant’s birth.

(c) The number of his or her New Jersey State driver’s license and whether his or her driving privileges have ever been suspended or revoked in this or any other state, and, if so, the state, the date and all reasons therefor.

(d) The name of his or her employer, if any.

(e) The number of years the applicant has had experience as a taxicab driver, for whom and length of time employed as such driver.

(f) The record of convictions of the applicant of any crimes or disorderly person statutes or ordinances, or violation of this chapter.

(2) Photographs; medical certificate. The application shall be accompanied by:

(a) Two recent photographs of the applicant of the size of 1 1/2 inches by 1 1/2 inches.

(b) Present the certificate of a reputable physician showing that he or she has been examined within 60 days and that he or she is of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him or her unfit for the safe operation of a taxicab. The Township Administrator, whenever it shall appear to him or her on the basis of his or her personal observation or on the basis of reports made to him or her upon observation and investigation, followed by an interview by the Township Administrator, that good cause exists to believe that the licensee is suffering from any infirmity above mentioned to an extent which would affect the safety of the licensee or of the public with whom he or she may come into contact in the course of performing his or her licensed activities, may at any time after a driver’s permit has been issued, require the holder of the permit to submit to a physical or psychiatric examination to be conducted by a physician or psychiatrist designated by the Township, at Township expense. If the licensee shall fail to submit to an examination ordered by the Township Administrator after receiving reasonable notice containing a clear statement of the reasons therefor, or if the examination shall result in a determination that the licensee is unfit to conduct the licensed activities without endangering himself or herself or the public, the Township Administrator shall issue to him or her a notice of suspension containing a clear statement of the reasons therefor which shall be effective immediately upon receipt by the licensee, which may be accomplished by delivering a copy thereof to him or her personally or by delivering a copy thereof to his or her business address. Upon receipt of a notice of suspension, the licensee shall be entitled to demand a hearing at any time thereafter to dispute or rebut the findings of the Township Administrator, at which time he or she may submit the report or the testimony of any physician or other expert or lay witness to rebut or dispute the basis of the Township Administrator’s findings. Unless the Township Administrator shall determine in favor of the licensee without the need for a hearing, a preliminary hearing shall be convened no later than five days after receipt of the request therefor.

(3) Fee. A fee as set forth in § 150-3A of this Code shall be paid to the Township Clerk upon the filing of each application. No fee shall be prorated, nor shall any part thereof be refunded for any reason, unless the permit application shall be denied.

D. Investigation of applicant. The Police Department shall conduct an investigation of each applicant for a taxicab driver’s permit. A report of such investigation, including a copy of the traffic and police record of the applicant, if any, shall be forwarded to the Township Administrator.

E. Permit; approval; issuance.

(1) If the Township Administrator finds that the applicant has had at least three years’ experience of motor vehicle driving and is fit, willing and able to be a taxicab driver within the Township and to conform to the provisions of this chapter, and that the public convenience and necessity so requires, he or she shall approve the issuance of a taxicab driver’s permit.

(2) The Clerk shall then issue, under the Seal of the Township, a taxicab driver’s permit stating such information as may be appropriate, and containing a photograph of the permittee.

F. Permit expiration. All taxicab driver’s permits shall expire on December 31 of each year.

G. Renewal. All applications for renewal of a driver’s permit shall be made to the Township by December 1, in order to be effective on January 1 following.

§ 317-4. Suspension or revocation of license or permit.

A. Suspension or revocation. Any license or permit issued pursuant to this chapter may be suspended or revoked by the Township Administrator, after due notice and hearing, if:

(1) The holder thereof has violated any of the provisions of this chapter;

(2) The holder thereof has violated any ordinances of the Township or the laws of the United States or of this state, the violation of which reflects unfavorably on the fitness of the holder;

(3) The holder thereof has performed any act which would be a basis for a denial of the application;

(4) The holder has made any false statements in any license or permit application or in any record or certificate that he or she is required to file or maintain Editor’s Note: Such person may also be prosecuted under the provisions of Title 2C of the New Jersey statutes. ;

(5) The licensed taxicab is unfit, unsafe, unsanitary or unsuited for public patronage.

(6) The taxicab driver has in any degree contributed to any injury to a person or damage to property arising out of the negligent operation of the taxicab; or

(7) The taxicab driver shall have any communicable or contagious disease.

B. Hearings. All hearings required by this chapter shall be conducted by the Township Administrator or his or her designee.

C. Appeals. Any person aggrieved by any decision of the Township Administrator may appeal such decision, in writing, to the Township Council within 15 days of the date of such decision.

§ 317-5. Fares and charges.

A. Maximum rates. All licensees shall submit to the Township Council a list of their rates and charges for approval. Taxi fares that shall be charged by the owners or drivers of taxicabs within the Township limits shall not exceed the rates approved by the Township Council.

B. Fare disputes; nonpayment. All disputes as to fare shall be determined by the officer in charge of the police station at the time of such dispute. It shall be unlawful for any person to refuse to pay the legal fare under this chapter.

§ 317-6. Regulations.

A. Display of permit and rates. Every licensed vehicle shall have exhibited to its passengers in a conspicuous place and manner:

(1) The license covering the same.

(2) The New Jersey registration number of such vehicle.

(3) The rate of fares to be charged.

(4) The driver’s permit of the driver of such motor vehicle.

B. Report of lost property. Every driver of a taxicab, immediately after the termination of any hiring or employment, must carefully search such taxicab for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must be reported within 24 hours, in writing, by the driver or owner of the taxicab to the Police Department, with brief particulars and description of the property.

C. Receipts. The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged on which shall be the name of the owner, driver, the taxicab license number, the amount of the charge, date and time of the transaction and the point of origin and destination.

D. Restrictions as to riding in front seat. No person, other than the licensed driver of the taxicab, shall ride or sit in the front seat of the taxicab unless the rear is fully occupied by the passengers, except when, for physical or health reasons, a passenger must sit in the front seat.

E. Use of taxicabs for illegal or immoral purposes. No holder or driver shall knowingly permit his or her taxicab to be used for any illegal or immoral purposes, under penalty of suspension or, after hearing, revocation of holder or driver’s license, or both, and such other penalty as may be provided.

F. Misleading of patrons.

(1) No driver of a taxicab shall induce any person to employ him or her by knowingly misinforming or misleading such person either as to the time or place of the arrival or departure of any train, plane, bus or boat, or as to the location of any hotel, public place or private residence within the Township, or as to the distance between any two points, nor shall any such driver deceive any person or make any false representation to him or her or convey any passenger to any other place or over any route other than that to which such passenger may have instructed the driver to go. Unless otherwise ordered, passengers shall be conveyed only over the most practical direct route to their destination.

(2) No driver shall delay an immediate departure or otherwise accommodate additional passengers without the permission of the first passenger to hire the taxicab.

G. Conduct of drivers. Taxicab drivers, while engaged in the operation of a taxicab, shall behave in a civil and orderly manner and shall not use any indecent, profane or abusive language.

H. Receiving and discharging passengers. Taxicab drivers shall not receive or discharge passengers in the roadway without pulling their taxicabs as close as possible to the right-hand sidewalk or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers. On one-way streets, passengers may be discharged at either the right- or left-hand sidewalk or side of roadway where no sidewalk exists.

I. Taxicab service. All persons engaged in the taxicab business in the Township operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs. They shall answer all calls received by them for services inside the corporate limits of the Township as soon as they can do so, and if the services cannot be rendered within a reasonable time, they shall then notify the prospective passenger how long it will be before the call can be answered and give the reason therefor. Any licensee or driver who shall refuse to accept a call anywhere in the corporate limits of the Township at any time when such licensee has available cab(s), or who shall fail or refuse to give overall service, shall be deemed a violator of this chapter, and the license or permit granted to such holder may, after a hearing, be revoked.

J. Improper use of horn. Taxi drivers shall not use the horns of their vehicles to alert customers of their arrivals. Violation of this provision shall constitute a violation of this chapter and a violation of N.J.S.A. 39:3-69.

K. Solicitation and cruising.

(1) No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than at or upon a taxicab stand designated or established in accordance with this chapter, nor shall any driver of such taxicab seek employment by repeatedly and persistently driving his or her taxicab to and fro in a short space before, or by otherwise interfering with the proper and orderly access to or egress from any theater, hall, hotel, public resort, railroad station or other place of public gathering.

(2) No driver shall solicit passengers for a taxicab except when sitting upon the driver’s seat thereof.

(3) No driver shall solicit employment in the transportation of passengers by driving in or through any public street or public place at a slow rate of speed, commonly designated as “cruising,” except in such areas and at such times as may be designated by the Township Administrator. Such areas and times shall only be designated when the Township Administrator finds that taxicab cruising would not congest traffic or be dangerous to pedestrians or other vehicles.

(4) No driver shall solicit patronage in a loud tone of voice or in any manner to annoy any person or obstruct the movement of any person, or to follow any person for the purpose of solicitation patronage.

L. Blocking of entrances. No taxicab driver shall stand in front of the entrance to any building within the prohibited space after his or her passengers desiring to leave have alighted, or attempt to stand in a prohibited space waiting for passengers.

M. Standing at curb in certain places prohibited. Subject to any rules and regulations of the Township Administrator, it shall be unlawful for any taxicab to stand in any restricted area, or any area which is controlled by parking meters, or at the curb within 15 feet of the entrance to any theater, hotel, restaurant or other public place.

N. Additional passengers.

(1) No driver shall permit any other person to occupy or ride a taxicab unless the person(s) first employing a taxicab shall consent to the acceptance of an additional passenger(s); provided, however, that an additional passenger(s) shall not be accepted if they are of a different sex than the passenger first employing the taxicab.

(2) No charge shall be made for an additional passenger, except when the additional passenger rides beyond the previous passenger’s destination and then for only the additional distance so traveled. Upon reading the original passenger’s destination the driver shall collect his or her fare and the passenger shall be charged as if the additional distance traveled were a new trip.

O. Restrictions on the number of passengers. No driver shall permit more persons to be carried in a taxicab as passengers than the number of seat belts available for such passengers.

P. Prohibition of drivers. It shall be a violation of this chapter for any driver of a taxicab to solicit business for any hotels, motels, rooming houses, bars, taverns, restaurants, theaters and the like, or to attempt to divert patronage from one such place to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his or her vehicle for any purposes other than the transporting of passengers.

Q. Attire regulation. Each taxicab owner shall establish a dress code for the operators of his or her taxicabs. Each operator of a taxicab shall conform to the dress code as established by the owner of the taxicab. The establishment of a dress code shall include the wearing of a clean, pressed shirt or blouse and trousers or skirt and, in cooler weather, a uniform-type blazer or a jacket and chauffeur’s cap. Each licensed taxicab driver, while on duty, shall be clean in person and free from offensive odors. Each driver shall maintain the vehicle in a repaired condition free of debris, offensive odors and safe for the transportation of passengers. Each driver shall refrain from smoking while transporting passengers unless permission of all passengers has been obtained. A driver shall not refuse a passenger because such passenger objects to the driver smoking tobacco. Each driver who objects to the smoking of tobacco by passengers shall have conspicuously posted a notice of such prohibition as required by N.J.S.A. 2C:33-13.

R. Records to be kept by owners and drivers.

(1) Every licensee shall require the driver to keep a daily record, identified by the cab number of the cab used that day and the license number of the driver, of the time and place when and where the passenger was accepted as well as the time and place of the discharge of the passenger together with the fare received for the trip, which record the licensee shall keep intact for 180 days from the date thereof, and shall be kept open at all times for inspection by a duly authorized representative of the Police Department or Township Administrator.

(2) Every licensee shall record in a book kept solely for such purpose the time of departure from the garage or cab stand of every licensed vehicle, giving the name and address of the driver thereof, his or her license number, the license number of the vehicle and the time of the return to the garage or cab stand of each such vehicle, which book shall be kept open for inspection at all times to a duly authorized representative of the Police Department or Township Administrator.

S. Cooperation with law enforcement officers. A taxicab driver shall cooperate with law enforcement officers in the performance of his or her duty. A taxicab driver shall not conceal evidence of a crime nor voluntarily aid violators to escape arrest. A taxi driver shall report immediately to the police any attempt to use his or her vehicle to commit a crime or escape from the scene of a crime.

T. Failure to comply with Township, state or federal laws.

(1) Every driver licensed under this chapter shall comply with all Township, state and federal laws, the violation of which reflects unfavorably upon the fitness of such driver to engage in public transportation. Failure to do so will justify the Township Administrator in suspending or, after hearing, revoking the license.

(2) If at any time within the licensed year, a taxicab driver has been found guilty of a high misdemeanor, misdemeanor or has permitted his or her taxicab to be used for any illegal or immoral purpose, the Township Administrator may immediately suspend or, after hearing, revoke the driver’s license.

U. Maintenance of vehicles.

(1) Every vehicle operating under this chapter shall be periodically inspected, at such intervals as the Township Administrator may direct, to insure the continued maintenance of safe operating conditions.

(2) Every vehicle operating under this chapter shall be kept in a clean and sanitary condition.

(3) Any vehicle on the streets of the Township in violation of this section may be removed from the streets by the Police Department. If the vehicle is not returned to service in accordance with the provisions of this section within 90 days, the Township Administrator may suspend or, after hearing, revoke the taxicab license.

V. Side curtains. Side curtains or shades shall not be permitted on any taxicab licensed in the Township.

W. Identification of taxicab. Every taxicab shall have painted or marked on both sides thereof, or shall have affixed to the top thereof, a sign, light or device bearing the words “Taxi” or “Cab” or the name of the operating owner containing the words “Taxi”, “Cab” or “Taxicab.”

X. Imitation of licensed vehicles.

(1) No vehicle covered by the terms of this chapter shall be licensed if, in a manner which is misleading or tends to deceive or defraud the public, its color scheme, name, monogram or insignia shall be in conflict with, or in the opinion of the Township Administrator, imitates any color scheme, name, monogram or insignia used by any other person operating a taxicab(s). Any taxicab license issued under the terms of this chapter shall be subject to suspension or revocation by the Township Administrator if any change is made with regard to the color scheme, name, monogram or insignia of any vehicle, in any manner tending to deceive or defraud the public which, in the opinion of the Township Administrator, imitates any color scheme, name, monogram or insignia used by any other person operating a taxicab(s).

(2) It shall be unlawful and a violation of this chapter for any person to operate any vehicle not licensed under this chapter in such a manner as to be misleading or tends to deceive or defraud the public into believing the vehicle is a licensed taxicab or is being operated as a licensed taxicab.

Y. Change of address; loss of records. Any change of address of any owner or driver licensed under the provisions of this chapter must be reported, in writing, to the Township Clerk’s office within 72 hours of such change. The loss of the license badge or any other book or document required to be kept by any licensed owner or driver must be reported to the Township Clerk’s office, in writing, within 24 hours of such loss. In the event any licensed driver terminates his or her employment as such driver, he or she shall return the license, badge or any other paper or documents in his or her possession furnished to him or her by the Township Clerk to the Clerk’s office within 72 hours of such termination.

Z. Permitting unlicensed drivers to operate. It shall be unlawful for any person owning or operating any taxicab in the Township, licensed under the provisions of this chapter, to permit such taxicab to be operated by any person who does not hold a valid driver’s permit as required by this chapter.

§ 317-7. Public taxicab stands.

The Township Council may establish, from time to time, public taxicab stands in the several streets and public places of the Township which it may determine to be for the best interest and convenience of the public and shall cause same to be clearly and distinctly marked by proper signs setting forth the exact locations and boundaries of such public taxicab stands and the number of taxicabs which are permitted to occupy same at one time. When such public taxicab stands are so established and designated, no vehicle other than a duly licensed taxicab may occupy such space.

§ 317-8. Enforcement.

The Police Department of the Township is hereby given the authority and is instructed to watch and observe the condition of taxicabs and driven operating under this chapter. Upon discovering a violation of the provisions of this chapter, the Police Department shall report the same to the Township Administrator, who shall order or take appropriate action.

§ 317-9. Violations and penalties.

Any person who shall violate or fail to comply with the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-5, Violations and penalties, of this Code, which penalty shall be in addition to any suspension or revocation of license or permit.

Chapter 328. TREES

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

GENERAL REFERENCES

Trees in parks — See Ch. 231.

§ 328-1. Findings.

The Township Council of the Township of Delran finds that the indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees within the Township has or will destroy a valuable ecological resource that is virtually irreplaceable and that must be protected and preserved; that such indiscriminate destruction or removal not only affects the aesthetic qualities of life within the Township, but also produces a marked impact upon the atmosphere, soil erosion and fertility of the soil, the deterioration of which conditions will adversely affect the health, safety and general welfare of the inhabitants of the Township, both now and in the future.

§ 328-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

SLASH: Loose tops, branches and foliage of trees which have become detached from the tree as a result of logging, high wind, etc.

TREE: A perennial woody living plant having one or more self-supporting trunks, such trunk having a diameter greater than three inches measured at a point three feet from ground level.

§ 328-3. Cutting or removal regulated.

No person shall cut or remove any tree upon any lands within the Township, unless such cutting or removal is done in accordance with the requirements of this chapter or is exempt under this chapter.

§ 328-4. Exemptions.

The following situations regarding the cutting and removal of trees are exempt from the provisions of this chapter:

A. The cutting or removal of trees by the owner of the property or a member of his or her family for use as firewood, for their own use and not for resale.

B. The cutting or removal of any dead or diseased tree that is likely to endanger the public, the property in question or the adjacent property.

C. Any tree growing on property actually being used as a nursery, garden center, Christmas tree plantation or orchard.

D. Any tree growing on a public right-of-way as shown on an approved final subdivision map.

E. Any tree cut or removed for landscaping purposes on an already improved lot, or which is necessary for the construction of a building for which a building permit has been issued.

F. Cutting or removal provided for under § 328-9.

§ 328-5. Permit requirements.

A. Required. No person, corporation or other business entity shall destroy, cut or remove any tree unless he or she shall have first obtained a permit for such cutting from the Township if such cutting or removal is not otherwise exempt from regulation under this chapter under the terms of the exemptions set forth in § 328-4, or if the timber or wood resulting from the cutting and removal is to be sold or used for commercial purposes.

B. Application requirements. Applicants for tree removal permits shall supply a forest management plan, which includes a detailed cutting plan prepared under the supervision of a state forester or other graduate forester active in the field of forest or land management. These plans shall include the following information:

(1) Name, address and telephone number of applicant.

(2) Type of ownership of land in question.

(3) Proof of ownership of land in question.

(4) Authorization of owner for application if the owner is not the applicant.

(5) Proof of payment of current taxes on premises.

(6) Block and lot numbers of premises, as shown on tax map.

(7) Block and lot numbers of adjacent property, listing names and addresses of owners of record.

(8) Certification by applicant that owners of adjacent properties have received notice of the application for tree removal permit no more than 30 days prior to submission of same.

(9) Name and credentials of forester preparing cutting plan.

(10) Statement of applicant indicating disposal techniques with respect to slash, waste and litter.

(11) Property description, including land use, acreage of open, crop and woodland, general soil types and erodibility, range of percent of slope, timber quality and age, forest type, species, age, height, volume and reproduction.

(12) Description of timber to be harvested.

(13) Description of regeneration plans.

(14) Description of intermediate management practices to be applied.

(15) A description of the accessway proposed to be used for harvesting and a description of the areas to be used for processing, moving or loading of the timber.

(16) A letter of comment or no comment from the New Jersey Bureau of Forest Management on the forestry management plan.

(17) A financial surety, guaranteeing performance in accordance with this chapter. Such surety shall be in the amount of 10% of the anticipated commercial sale of the timber harvested or $300, whichever is greater.

§ 328-6. Forestry standards.

The cutting and removal of trees shall be done in accordance with the following standards:

A. All activity shall be carried out in a manner so as to avoid damage to slopes, stream banks and beds, prevent erosion and prevent degradation of water quality.

B. Only those trees which have been selected for harvesting shall be cut. All trees shall be cut to the base. All practical steps shall be taken to minimize damage to trees not designated for cutting.

C. At the conclusion of any harvesting operation, the following shall be done:

(1) All areas disturbed for access, processing, moving or loading of trees shall be regraded to approximate natural slopes.

(2) If required by the Township, all accessways shall be closed and devices installed, such as poles, pilings or berms, that will preclude use of the accessway.

(3) Bare ground areas shall be stabilized with vegetation where necessary.

(4) All debris shall be removed.

(5) All nonvegetative refuse shall be collected and removed.

(6) All hanging trees shall be removed.

D. Harvesting and reforestation activities shall ensure the regeneration of the harvested forest.

§ 328-7. Fees.

A. Determination of fee.

(1) The number of acres encompassed by the application shall be determined by the total lot size, and the total acreage of the lot involved shall determine the fee.

(2) The application shall be accompanied by the fee as set forth in § 150-8.

B. Exceptions.

(1) No fee will be required for a permit in the following instances:

(a) The cutting or removal of slash or fallen, dead trees.

(b) If the application discloses that no more than a total of 10 trees per lot are to be cut or removed.

(2) However, the exemption from the fee requirement shall not exempt the applicant from filing the application, obtaining the permit and posting the surety.

§ 328-8. Chain saws.

No chain saws are to be used in the cutting and removal of trees, whether under a permit granted pursuant to this chapter or whether such activity is exempt from the permit requirements of this chapter, prior to 7:00 a.m. local time, Monday through Saturday, or 12:00 noon on Sundays, nor shall they be used after sunset.

§ 328-9. Removal of trees and branches obstructing passageways and thoroughfares.

A. The trees along the pavements or pathways of the streets in the Township whose branches extend over the pavement or pathways of such public streets shall be so trimmed as to remove all unnecessary obstructions to the passage of persons along such pavement or pathways, or vehicles along such streets, and if the Township Council shall deem the removal of any branches, or the entire tree or trees, advisable by reason of danger to the public, whether or not such tree or trees abut the pavement or pathways or are situated within and on the property of any person or persons, the owner of the property on which such tree or trees stand, or the owner of the property in front of which such tree or trees stand, shall remove and trim the branches thereof to remove the entire tree, as may be ordered by the Township Council, upon 10 days’ written notice from the Township Clerk, mailed to such owner or owners.

B. If the branches of any tree or the entire tree or trees are not removed within 10 days after the service of such notice, the Township Council shall cause the same to be removed or destroyed, as may be deemed advisable, in accordance with the provisions of § 1-6 of this Code, and also be collected on a personal obligation of the property owner.

§ 328-10. No curbside planting.

[Amended by Ord. No. 2002-8]

No person or entity shall plant or replant a tree within the land situate between a curb and sidewalk. In the event that there is an installed curb but no sidewalk, no tree shall be planted or replanted within 10 feet of the curbline.

Chapter 334. VEHICLES, ABANDONED

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 1997-12 (Sec. 4-2 of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 208.

Property maintenance — See Ch. 257.

Salvage yards — See Ch. 274.

Solid waste; recycling — See Ch. 299.

§ 334-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDON: Any motor vehicle which:

A. Is continuously parked in any public street, on any public land, or on any private land without consent for a period of 10 days without the current year’s registration, inspection sticker or identification stickers as required by law; and/or

B. Is so disabled as to constitute an obstruction to traffic, and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it will not obstruct traffic; and/or

C. Is found to be without one or more tires or mechanically inoperative and is allowed to remain inoperative for a period of seven days and such time has not been extended by the appropriate official.

JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY: Any automobile which is no longer in actual use as a motor vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation, or which has been discarded for use as a motor vehicle or otherwise abandoned.

MOTOR VEHICLE or VEHICLE: Any “motor vehicle,” “omnibus,” “road tractor,” “trailer,” ‘”truck,” “truck-tractor” and “vehicle” which terms are intended to have the meanings stated and defined in N.J.S.A. 39:1-1 et seq.

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.

§ 334-2. Findings.

It is hereby determined and declared that the placing, abandonment, leaving, keeping or storing out-of-doors of any motor vehicle, trailer or semitrailer not currently in use for transportation and not licensed for the current year, or missing tires, wheels, engine or any essential parts, or which displays extensive body damage or deterioration, or is disassembled, in whole or in part, or any other unusable machinery or equipment or parts of machines or parts of automobiles on public or private lands in the Township is contrary and inimical to the public welfare in that such articles so placed, abandoned, left, kept or stored, attract or may attract persons of tender years who, being so attracted, may play in and about them and be injured in so doing, and further in that such articles so placed, abandoned, left, kept or stored out-of-doors and exposed to the elements, deteriorate and in themselves are unsightly and in deteriorating condition become more unsightly and are detrimental to and depreciate the value of the property in the neighborhood where they are located and in the Township as a whole.

§ 334-3. Storage and abandonment of vehicle prohibited; exceptions.

A. Storage or abandonment prohibited. It shall be unlawful for any person to store, abandon or suffer or permit the storage or abandoning of any motor vehicle, omnibus, road tractor, truck or truck-tractor or other vehicle, as defined in § 334-1, out-of-doors upon any public or private lands in the Township, or on any public street or between the right-of-way sidelines of any public right-of-way therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage, barn or other building.

B. Presumption of abandonment; exemption certificate.

(1) If any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor or vehicle shall be abandoned on private lands for 10 days or more, it shall be presumed that the owner or tenant in possession of such lands has abandoned it there or permitted or suffered it to be abandoned there.

(2) The presumption of abandonment, as set forth above, may be rebutted by the owner by applying to the Chief of Police or Code Enforcement Officer for an exemption certificate, which may be issued by the Chief of Police or Code Enforcement Officer at no charge to the applicant and be good for a period up to six months.

(3) The Chief of Police or Code Enforcement Officer, in determining whether or not to issue an exempt certificate, shall consider the reasons advanced by the owner as to why the presumption of abandonment would not apply to this particular motor vehicle. The Chief of Police or Code Enforcement Officer shall consider such reasons as, but not limited to, unique vehicles that are in the process of restoration, be they antique or otherwise; vehicles being retained unlicensed by virtue of being held for a member of the family who is temporarily absent; and such other valid reasons, as determined in the discretion of the Chief of Police or Code Enforcement Officer.

(4) The application and exemption certificate shall be on such forms as may be hereinafter developed by the Chief of Police or Code Enforcement Officer. Each exemption certificate shall have endorsed thereon its duration, not to exceed six months, and a synopsis of the reasons why such vehicle is not considered abandoned.

(5) The Chief of Police or Code Enforcement Officer is authorized to grant additional extensions of six months in situations where such extensions are warranted.

(6) In issuing of exemption certificate, the Chief of Police or Code Enforcement Officer shall ensure that the area around the stored vehicle is being properly maintained and that the stored vehicle is secured from movement by such chocking devices or other methods of securing as are deemed appropriate by him or her.

(7) The exemption certificate shall be prominently displayed on the inside of the windshield of the vehicle.

C. Denial of exemption certificate. In the event that the exemption certificate shall be denied by the Chief of Police or Code Enforcement Officer, the applicant may appeal such denial to the Director of Public Safety within 10 days of receipt of the written notice of denial. The Director of Public Safety shall consider the application de novo and shall advise the applicant of his or her determination within 15 days of the date of the receipt of the appeal.

D. Storage. No person shall keep or store any junk automobiles or junk automobile body within the Township.

§ 334-4. Complaint; investigation.

Upon the complaint of any resident or property owner of the Township or any employee of the Township, or upon his or her own motion, the Chief of Police or Code Enforcement Officer, or his or her designated agent, shall make an investigation of the condition complained of.

§ 334-5. Notice to owner.

If the land about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of this chapter exists thereon, the Chief of Police or Code Enforcement Officer shall notify the owner, possessor or occupant of the land complained of, which notice shall be served upon the owner or possessor personally if he or she resides in the Township or by certified mail. If the owner or possessor resides outside the Township, the notice shall be served upon him or her by registered or certified mail addressed to his or her usual residence, if ascertainable; otherwise by notice published in the newspaper in which legal notices of the Township are published. The owner or tenant shall abate the violation within 10 days after receipt of the notice.

§ 334-6. Reinspection.

The Chief of Police or Code Enforcement Officer shall reinspect the lands after the ten-day period has expired and report, in writing, to the Township Council whether or not the condition complained of and previously found to exist in violation of this chapter has been abated or remedied.

§ 334-7. Abatement by Township.

In the event that the owner, possessor or occupant of the land refuses or neglects to abate or remedy the condition complained of after 10 days’ notice, the Chief of Police or Code Enforcement Officer shall cause the condition complained of to be abated and remedied.

§ 334-8. Cost of abatement to be a lien.

Upon the removal of any motor vehicle by or under the direction of an officer of the Township, in cases where the owner has refused or neglected to remove it in the manner and within the time provided above, the officer shall certify the cost thereof to the Township Council. Upon receipt of same, Council shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the land and shall be added to and become and form part of the taxes next to be assessed and levied upon the land, and bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 334-9. Prosecution in Municipal Court; violations and penalties.

If the owner or tenant to which notice is sent neglects or refuses to comply with the notice within 10 days of its receipt, the Township will cause a complaint to be brought against him or her in Municipal Court, and upon conviction, such penalties as set forth in § 1-5, Violations and penalties, of this Code may be imposed.

Chapter 339. VEHICLES, MOTOR-DRIVEN

[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 4-4 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

Traffic — See Ch. 12.

Noise — See Ch. 217.

§ 339-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MOTOR-DRIVEN VEHICLE: Includes, but is not expressly limited to, minibikes, motor scooters, swamp buggies, snowmobiles, all-terrain vehicles, pocket bikes and any other motor-driven vehicle designed primarily for the carrying of a passenger or passengers and not capable of being licensed or registered under N.J.S.A. 39-1 et seq., as amended. Vehicles which are expressly exempt from registration under N.J.S.A. 39-1 et seq. shall also be excepted from regulation under this chapter.

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.

§ 339-2. Regulations.

No person shall operate or permit or suffer to be operated or to own any motor-driven vehicle as defined herein within the Township under the following circumstances:

A. Private grounds. On private property of another without the express prior, ongoing consent of the owner and/or the occupant of the property, which consent shall be in writing, dated and be in the possession of the operator while operating such vehicle.

B. Public grounds. On any public grounds or property.

C. Noise. In such a manner as to create unnecessary or unusually loud noises which disturb or interfere with generally prevailing community standards concerning the right of the public to peace and quiet. No person shall operate a motor-driven vehicle before the hour of 9:00 a.m. or after sunset.

D. Operation of vehicle. In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person.

§ 339-3. Parental responsibility.

A. If any person under the age of 18 years operates a motor-driven vehicle in violation of the terms of this chapter and that person resides with his or her parent, guardian or other person having custody of that person, it shall be rebuttably presumed that such person was operating such motor-driven vehicle with the knowledge and permission of the parent, guardian or other person having custody. Any parent, guardian or other person who shall be deemed to have permitted or suffered the operation of a motor-driven vehicle contrary to provisions of this chapter shall be deemed to be in violation of the provisions of this chapter and subject to the penalties provided herein.

B. Any person under the age of 18 years who violates any of the provisions of this chapter shall be deemed to be a juvenile delinquent and may be proceeded against as such.

§ 339-4. Exception.

It shall not be unlawful for any Township or school board officer or employee or other public employee to operate motor-driven vehicles, as defined in this chapter, for the purpose of maintaining, repairing or doing work for the public, the Township or the Board of Education or for members of the Division of Police to operate same in the performance of their duties.

§ 339-5. Impoundment; towing and storage charges.

Any motor-driven vehicle, as defined herein, used in violation of the provisions of this chapter shall be impounded by the Division of Police. The vehicle will be released only upon presentation of proof of ownership. All towing and storage charges associated with the impoundment of the vehicle will be paid by the owner.

Chapter 355. ZONING

[HISTORY: Adopted by the Township Council of the Township of Delran by Ord. No. 2000-19 (Ch. XXII of the 1993 Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 37.

Uniform construction codes — See Ch. 118.

Fees — See Ch. 150.

Fire prevention — See Ch. 162.

Flood damage prevention — See Ch. 167.

Noise — See Ch. 217.

Poolrooms and billiards — See Ch. 246.

Property maintenance — See Ch. 257.

Salvage yards — See Ch. 274.

Sexually oriented businesses — See Ch. 285.

Site plan review — See Ch. 290.

Streets and sidewalks — See Ch. 306.

Subdivision of land — See Ch. 310.

Trees — See Ch. 328.

Article I. Intent; Authority; Applicability

§ 355-1. Introduction

This chapter is a comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Township of Delran, Burlington County, New Jersey, into zoning districts for such purposes; adopting a Zoning Map of Delran Township showing boundaries and the classification of such districts; and prescribing penalties for the violation of its provisions.

§ 355-2. Authority.

A. This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., commonly known as the “Municipal Land Use Law,” which confers the power to regulate the use of lands within its jurisdiction upon New Jersey municipalities.

B. This chapter is also based upon the duly recognized police powers of a municipality and is an exercise of the same.

§ 355-3. Purpose.

This chapter is adopted in order to promote and protect the public health, safety, and general welfare and in the furtherance of the following specific objectives:

A. Lessening congestion on the streets and ensuring access to the circulation system.

B. Providing for adequate light and air.

C. Preventing the overcrowding of land and buildings.

D. Avoiding the undue concentration of population.

E. Ensuring the conservation and protection of open space and natural features.

F. Balancing uses to meet the needs of the Township.

§ 355-4. Impacts on future and existing land development.

A. No development of vacant land nor any alteration, enlargement, building, construction, rebuilding or other act with respect to existing buildings, structures or use of lands within Delran Township, including the Summerhill and Glenbrook Developments, may occur except in accordance with the requirements and procedures set forth in this chapter unless the required variances and/or waivers are obtained for any variation or nonconformity or they are otherwise permitted by court order.

B. Notwithstanding any other provisions herein, accessory uses permitted in the applicable zoning district for the existing primary residential use on an existing nonconforming lot are permitted and will not be considered an expansion of a nonconforming use so long as such accessory use complies with all area and bulk requirements applicable to such lot and so long as such accessory structure or use does not increase the habitable living area of the lot.

C. The following regulations shall control nonconforming uses in existence at the time of passage of this chapter:

(1) If any nonconforming structure shall be partially destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, such structure may be rebuilt but only in conformity with the provisions of this chapter.

(2) No existing nonconforming structure shall be extended, added to or altered unless such alteration or addition is in conformity with the provisions of this chapter.

D. Unless the specific use regulations of a zone permit a use, the use shall be prohibited.

E. Area and bulk standards and design standards specifically applicable to a conditional use shall supersede the general area and bulk standards and design standards otherwise applicable to the zone.

F. Unless otherwise specifically stated to the contrary, the area and bulk standards for primary uses on any property within a zone are the area and bulk standards applicable to all accessory and conditional uses permitted in the zone, including but not limited to the maximum height of all accessory structures, which shall not exceed the maximum permitted height for any primary structure.

G. Only one use shall be permitted on any one residential lot, except for permitted accessory uses and approved conditional uses which are intended to be incidental to the primary residential use.

H. Nonresidential lots may contain more than one permitted use, subject to each building, structure, development and uses on a lot meeting the area and bulk standards of the applicable zoning district and other provisions of this chapter.

I. Accessory uses and structures as defined in § 355-6 below are permitted in all zones except where specifically prohibited.

J. Corner properties.

(1) In any district, no principal or accessory use shall be located closer to any street line than the distance required as the front yard setback uses in that district. Corner lots are to be deemed to have two front yards.

(2) On all corner lots the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on an adjoining interior lot fronting on such street. No corner lot setback shall in any case be less than 20 feet, except that the provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot that is less than 100 feet in width. Corner lots having frontages of greater than 150 feet on both intersecting streets shall observe the same requirements for front yards on both streets as apply to adjoining interior lots fronting on such streets.

K. Residential bulk regulations have been liberalized in order to encourage the preservation of grassways, watercourses, and mature trees; utilization of energy-conscious house siting; reduction of impervious paving; and the substitution of usable open space for large individually owned limited-use lawns and yards. Wherever possible, development should be planned as to minimize disturbance of significant natural factors (such as stands of trees). Clustering should be employed liberally.

Article II. Terminology

§ 355-5. Language interpretation.

For purposes of this chapter, certain words shall have the meanings assigned to them in § 355-6 below. These definitions are intended to interpret and clarify word usage in the Delran Township Zoning Ordinance and not necessarily intended to be used to interpret or clarify word usage in other portions of the Code of the Township of Delran. When words are used in this chapter but are not defined herein, the definitions used in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as applicable, shall control and be utilized to interpret and clarify word usage. In addition, the following shall apply:

A. Words in the present tense include the future. The singular form of a word includes the plural form, and the plural form of a word includes the singular form.

B. The word “building” includes “structure” and any part thereof.

C. The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for,” “constructed for,” “altered for,” “converted for,” “rented for,” “leased for,” or “occupied for.”

D. The word “person” includes an individual, corporation, partnership, incorporated association, or any similar legal entity.

E. The words “include” or “including” or the term “such as” where used herein shall be considered as introducing a typical or illustrative rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures and shall not limit the term to the specified examples, but is intended to extend their meaning to all other instances of like kind and character.

F. The words “shall” and “will” are mandatory and not discretionary, and the word “may” is permissive.

G. The feminine gender includes the masculine gender and vice versa.

H. The word “lot” includes the word “plot.”

§ 355-6. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE OR STRUCTURE: A building, use or structure which is customarily associated with and is subordinate and incidental to the principal building, use or structure, including, but not limited to, garages, carports, barns, decks, sheds, nonportable swimming pools, and all roofed structures. Any accessory building or structure attached to the principal building shall be considered part of the principal building. No more than two accessory structures shall be permitted on any one lot, except as set forth in § 355-13I(10)(d).

[Amended 4-25-2006 by Ord. No. 2006-4]

ACTIVE RECREATION: Recreational activities which require physical participation, including sports such as soccer, baseball, softball, tennis, basketball, field hockey, football, lacrosse, and street hockey; and individual activities such as skateboarding, roller-blading and bicycling; and facilities including playground equipment of all types.

ACUTE CARE FACILITY: A facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.

ADMINISTRATIVE OFFICER: The Secretary sections of the reviewing board or other Township official so designated by the Township Administrator.

APPLICANT: Any person or entity submitting an application for any permit or approval.

ASSISTED LIVING UNIT: A dwelling unit varying in square feet from 200 to 500 square feet that provides a residential living environment assisted by congregate meals, housekeeping and personal services, for persons 55 years of age or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility. Assisted living units shall be located in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices and other space necessary to provide the above services. The definition of “assisted living unit” shall include any partially assisted and fully assisted living units.

AUTOMOBILE WRECKING: See “junkyard.”

BASEMENT: A story partly underground and having more than 1/2 of its height above ground.

BICYCLE-COMPATIBLE ROADWAY: A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE PATH (BIKE PATH): A bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.

BIKEWAY: Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

BUFFER: An area within a property or site, generally adjacent to and parallel with the property line, either consisting of trees, shrubs or other landscaping and/or berms, designed to continuously limit the view and control other impacts of the site from adjacent sites, properties or roadways.

BUFFER LANDSCAPING: Landscaping, including permitted fencing, placed within designated buffers.

BUILDABLE AREA: That central portion of any lot lying inward from all required setback lines.

BUILDING: Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. The word “building,” whenever used herein for purposes of setbacks from roads, boundaries or property or lot lines, shall not be construed to include parking lots or vehicular rights-of-way.

BUILDING HEIGHT: The vertical distance measured from the elevation of the average height of the finished grade along the front of the building to the highest point of the roof or building structure.

CAPITAL IMPROVEMENT: A governmental acquisition of real property or major construction project.

CELLAR: A story partly underground which has less than half its height above ground level.

CERTIFICATE OF CONFORMANCE: A certificate issued by the Zoning Officer pursuant to the provisions of this chapter.

CERTIFICATE OF CONTINUED OCCUPANCY: A certificate issued by the Construction Official under the provisions of the Uniform Construction Code, N.J.A.C. 5:23-2.23(c) and (d).

CIRCULATION: Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CLUSTER or CLUSTERING: The grouping of buildings or lots by reducing the minimum lot size for subdivisions or situating buildings closer together, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning subdivision regulation unless a density bonus is provided. The additional land that remains undeveloped is then preserved as open space, recreational land and/or as an environmental resource.

COMMERCIAL BILLBOARD: An advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space there is displayed, by means of painting, posting or other means, advertising copy describing a wide variety of products or services which are not made, produced, assembled or sold from the lot or premises upon which the advertisement is displayed.

COMPREHENSIVE RETIREMENT COMMUNITY (CRC): A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of independent apartment units, assisted living units, skilled care nursing units and single-family detached and attached residential dwelling units and which must include comprehensive retirement community accessory uses.

COMPREHENSIVE RETIREMENT COMMUNITY ACCESSORY USES: Within a comprehensive retirement community, any use reasonably necessary for, or incidental to, the operation of the facility or for the benefit or convenience of the residents and their guests, including, but not limited to, kitchen and dining facilities, exercise and vocational rooms, places of worship, indoor and outdoor recreational buildings and uses, including swimming pools, retail and banking facilities, beauty salons and barber shops, gift shops, classrooms, security facilities, conference rooms, common areas, guest rooms, administration, general, medical and other offices associated with the CRC, postal center, pharmacy, maintenance facilities, hobby, craft and music rooms, library, computer and television rooms, and heating and cooling equipment structures, off-street parking and loading areas as required for the use of occupants of the CRC and signs as permitted and garages, provided that the comprehensive retirement community accessory use is for the use and benefit of the comprehensive retirement community.

CONDITIONAL USE: A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONSERVATION AREA or CONSERVATION EASEMENT: A designated area of land which is intended to be preserved and managed for the protection of its natural resources and, where appropriate, opened to the public for passive enjoyment of the natural resources.

CONSTRUCTION OFFICIAL: The official appointed by the Township to be the head of the local enforcing agency for the New Jersey Uniform Construction Code.

CONSTRUCTION PERMIT: A permit required for the erection, alteration, or extension of a structure.

COUNTY MASTER PLAN: A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.

DECK: An open-floor-type structure having neither roof, walls, nor enclosing features except for safety handrails.

DENSITY: The permitted number of dwelling units per gross acre of land to be developed.

DETENTION BASIN: A man-made or natural stormwater management collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

DEVELOPMENT: The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.

DWELLING, MULTIPLE: A building or portion thereof used or designed as a residence for two or more apartments or dwelling units, including apartment houses, apartment hotels and flats, but not including automobile courts.

DWELLING, SINGLE-FAMILY ATTACHED: A townhouse, duplex or other dwelling unit that is attached to but is neither above nor below any other unit, has its own entrance directly to the exterior of the building and shares at least one side wall with another dwelling unit.

DWELLING, SINGLE-FAMILY DETACHED: A detached building designed for or occupied exclusively by one family or dwelling unit.

DWELLING UNIT (DU): A room or group of connected rooms that are designed for permanent residency containing living space, cooking, sleeping and sanitary facilities for one housekeeping unit for the exclusive use of a single family maintaining a household. Dwelling units provide permanent living quarters, as opposed to motels or other temporary accommodations.

FAMILY: One or more persons living as a single, nonprofit housekeeping unit who share common expenses and housekeeping chores, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The “family” shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FAMILY DAY-CARE HOME: The private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.

FARMING: Agricultural activity or the raising of livestock, poultry or small animals as a major source of income and is conducted on a lot or plot of not less than three acres in area.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The United States agency responsible for federal programs related to emergency and disaster mitigation and response.

FENCE: An artificially constructed barrier of wood, wire, metal or any other manufactured material or combination of materials.

FINAL APPROVAL: The official action of the reviewing board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FLOODPLAIN (ONE-HUNDRED-YEAR): The area which is calculated to be inundated with floodwaters during a one-hundred-year storm. The one-hundred-year storm has a 1% chance of occurring in any one year.

FLOOR AREA: The total enclosed horizontal area of a structure used for residential, business or commercial activities. Floor area may include the area enclosed by the exterior foundation wall excluding garages, open patios, unfinished basements and unfinished attics for residential uses and customer facilities, showcase facilities, storage and sales facilities for business and commercial uses.

GARAGE: A building used for the housing or storing of self-propelled motor vehicles or unit portions thereof designed for use on public highways.

HISTORIC SITE: Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

HOSPITAL: An institution housed in a building or a series of buildings providing public health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities, such as out-patient and emergency departments, conference, training, diagnostic and central service facilities, cafeteria, gift shop, pharmacies, administrative and staff offices and employee day care, which are integrated with the hospital facilities or complex.

HOUSEKEEPING UNIT: One or more persons living together in one dwelling unit and using or sharing living space, cooking, sleeping, and sanitary facilities.

IMPERVIOUS COVER OR SURFACE: A surface that has been covered by buildings, structures or compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surface shall not include the water area of a swimming pool.

JUNKYARD: The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof; provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural or industrial use permitted in any zone. The term “junkyard” as herein defined includes automobile wrecking yards.

LIGHT INDUSTRIAL: The fabrication, assembly or processing, or the storage in bulk, of goods and materials inside of a building where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

LIVING SPACE: An area within a dwelling unit.

LOT: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT DEPTH: The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that in triangular lots having no rear lot line the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines.

LOT FRONTAGE: That portion of a lot abutting and extending along the front property line. This definition shall apply to all lots, including, but not limited to, odd-shaped lots, triangular lots and lots having curved or irregular front lines.

LOT SIZE: The total horizontal area included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as a right-of-way.

LOT WIDTH: The mean horizontal width measured at right angles to the lot depth to be measured at the building line.

MAINTENANCE GUARANTY: Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit and cash.

MINIMUM TRACT SIZE: The minimum amount of the gross acreage of the entire tract prior to any subdivision or development.

NONCONFORMING LOT: A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE: A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

NURSING HOME: A facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.

OFFICIAL MAP: A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.

OPEN FENCE: Any fence or barrier that is not more than 75% solid. Examples of such fencing would be, but shall not be limited to, wire, chain-link, picket, post and rail, staggered board-on-board, louvered or a similar type fence.

OPEN SPACE: Any parcel or area of land essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets, off-street parking, stormwater management facilities and other improvements that are designed to be incidental to the natural openness of the land.

PARKING SPACE: That area required for the parking or storage of one automobile.

PASSIVE OPEN SPACE or PASSIVE RECREATION AREAS: An unimproved area of land which may include water set aside, dedicated, designated, or reserved for public or private use and enjoyment which utilizes and depends on the natural environment and requires no significant modifications of that environment other than to provide access. It permits such low-density uses as hiking, fishing, canoeing, kayaking, unpowered rafting, nature study, horseback riding, and bicycling. Passive open space typically includes wooded areas, streams, lakes, and other varieties of natural vegetative areas. For the purpose of this definition, detention and retention basins represent a developed use of the land and are not considered passive open space.

PERVIOUS COVER OR SURFACE: Any surface that permits a significant portion of surface water to be absorbed.

PLANNED COMMERCIAL DEVELOPMENT: An area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PROFESSIONAL: Any person or entity whose principals are required to be licensed by New Jersey law and who supply legal representation, engineering services, planning services, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which such individuals practice.

PUBLIC AREAS

A. Public parks, playgrounds, trails, paths and other recreational areas;

B. Other public open spaces;

C. Scenic and historic sites; and

D. Sites for schools and other public buildings and structures.

RETENTION BASIN: A man-made or natural stormwater management collector facility designed to collect surface and subsurface water and to retain some or all water that drains into it.

REVERSE FRONTAGE LOTS: A lot which fronts upon two parallel streets and is not accessible from one of the parallel streets.

REVIEWING BOARD: The Planning Board, Board of Adjustment, or other municipal agency or body which, pursuant to the Municipal Land Use Law and the Township Ordinance, has jurisdiction over the particular application.

REVIEWING BOARD ENGINEER: The professional engineer retained or hired by the reviewing board to advise such reviewing board as to the engineering issues applicable to particular applications before it.

SCHOOL: As covered under N.J.S.A. 18A:1-1 et seq. and the regulations promulgated thereunder.

SENIOR CITIZEN: A person 55 years of age or older.

SETBACK LINE: A line within any lot, usually marking the limits of a required yard space, parallel to any property line between which line and the property line no building, structure or use or portion thereof may be erected, except as otherwise provided herein.

SIGN: Any object, device, display or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors or illumination or projected images. Signs do not include the standard size flag or emblem of any nation, organization of nations, state or city or any political subdivision thereof or any fraternal, religious or civic organizations; merchandise, prices, pictures or models of products or services incorporated in an indoor window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

SITE PLAN, MAJOR: Any site plan not classified as a minor site plan.

SITE PLAN, MINOR: A site plan of one or more lots which includes the following:

A. Does not propose the new construction or addition to any building or structure greater than 5,000 gross square feet;

B. Does not disturb more than 10,000 gross square feet of land area;

C. Requires 15 or fewer off-street parking spaces;

D. Is not a planned development, as defined by N.J.S.A. 40:55D-1 et seq.;

E. Does not involve the extension of any new street or off-tract improvement; and

F. Contains information sufficient to make an informed judgment as to whether the requirements established by this chapter for the approval of a minor site plan have been met.

SKILLED CARE NURSING UNIT: A nursing bed or individual room which provides board, shelter and twenty-four-hour skilled nursing and medical care to chronic or convalescent patients. Skilled care nursing units shall be in a facility that may include accessory uses, including dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services.

SOLID FENCE: Any fence that is a solid, close-boarded-type fence.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a story if it covers over 1/3 the area of the floor next below it. For the purposes of this chapter, a split level shall be considered a one-story structure.

STORY, HALF: A story, any two exterior sides of which meet a sloping roof not more than two feet above the floor of such story, or that portion of any structure herein defined as a “basement.”

STREET LINE: The dividing line between the lot and the street.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.

STRUCTURE: Anything constructed, assembled or erected, the use of which requires location on the ground or attachment to something having location on or in the ground and shall include fences which are more than fifty-percent solid, tanks, towers, advertising devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other supports used for business or living purposes. The word “structure” shall not apply to service utilities entirely below the ground.

SUBDIVISION, MAJOR: Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR: A subdivision of an existing conforming lot for the creation of not more than four lots, one of which includes the remainder of the original lot, created over a total period of five years; provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

TOWNHOUSE or TOWNHOME: One of a group of two or more attached dwelling units divided from each other by vertical walls and each having separate front and rear or front and side entrances from the outside.

TOWNSHIP ENGINEER: The Township engineering official appointed by the Mayor.

USE: The purpose for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.

WETLANDS: Those areas meeting the definition of wetlands under N.J.S.A. 13:9B-1 et seq. and enforced by the New Jersey Department of Environmental Protection. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

YARD: An open space located on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

YARD, FRONT: A yard extending across the full width of the lot and lying between the front property line of the lot and the front yard building or parking setback line. The depth of the front yard shall be measured at right angles to the front property line of the lot.

YARD, REAR: A yard extending across the full width of the lot and lying between the rear property line of the lot and the rear yard building or parking setback line. The depth of a rear yard shall be measured at right angles to the rear property line of the lot.

YARD, SIDE: An open, unoccupied space between the side property line of the lot and the side yard building or parking setback line and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear property lines as the case may be. The width of a side yard shall be measured at right angles to the side property line of the lot.

ZONING OFFICER: The Zoning Officer shall be the Township Official appointed by the Township Council.

Article III. District, Map and Boundaries

[Amended by Ord. No. 2003-18]

§ 355-7. Districts.

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The Township of Delran is hereby divided into the following classification districts for zoning purposes:

Symbol	Name
A-1	Agricultural
R-1	Single-Family Residence
R-2	One- and Two-Family Residence
R-3	Multifamily Residence
NC-1	Neighborhood Commercial 1
NC-2	Neighborhood Commercial 2
C-1	Limited Retail and Service
C-2	General Commercial
C-3	Limited Commercial and Institutional
PCD	Planned Commercial Development
O-1	Office 1
M-1	Limited Industrial and Office
M-2	General Industrial and Commercial
M-3	Special Industrial and Commercial
H	Harbor

§ 355-8. Zoning Map.

The Delran Township Zoning Map, prepared by Richard A. Alaimo Associates, Mount Holly, New Jersey, dated July 2003, is hereby adopted and incorporated in and made a part of this chapter, as if the same were fully set forth herein. Editor’s Note: The Zoning Map is on file in the Township offices. When an uncertainty exists as to the boundaries of any of the zoning districts designated on the Zoning Map, the following rules shall apply:

A. Zone boundary lines are intended to follow the center line of streets, lot or property lines or natural lines such as watercourses as they exist on said Map.

B. Where such boundaries are fixed by dimensions and where they approximately follow lot lines, and where they are not more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless shown otherwise.

Article IV. Agricultural Zoning District A-1

[Amended by Ord. No. 2000-23; Ord. No. 2001-8; Ord. No. 2002-9; Ord. No. 2003-15]

§ 355-9. Purpose and intent.

The purpose and intent of the A-1 Agricultural District is to provide for agricultural uses, the marketing of agricultural products, single-family residential housing of low density, and certain conditional uses.

§ 355-10. Permitted uses.

A. Agricultural uses which meet the following criteria:

(1) Breeding, raising, maintaining or producing (excluding slaughter and preparation) for sale, lease or personal use of livestock, including (but not limited to) horses, ponies, dairy animals, poultry, cattle, sheep, mules (or goats or any mutations or hybrids thereof), shall be permitted provided that the following conditions shall be met:

(a) Horses and ponies may be kept on lots of two acres or more in land area. One horse or pony may be kept per acre of land in the lot.

(b) All other livestock may be bred, raised or produced on lots of two acres or more. No more than two animals other than horses or ponies may be kept on lots containing five acres of land or less. On lots of more than five acres, one animal per acre may be kept, bred, raised or produced; provided, however, the maximum number of animals that may be kept, bred, raised or produced may be increased to the minimum required to meet the requirements of the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable.

(c) A pen or corral containing a minimum of 800 square feet for the first such animal and 400 square feet for each additional animal shall be provided. Each pen or corral shall contain a stable a minimum size of 100 square feet per animal and shall be so constructed as to minimize the creation of offensive odors and the breeding of insects or other nuisances.

(d) Hog farms and slaughterhouses are prohibited.

(2) The growing of agricultural products, including soil preparation, crop and horticultural services.

B. Markets for the sale of agricultural products, provided the market meets the following criteria:

(1) The sales area of the market shall not exceed 5,000 square feet.

(2) The principal products or goods for sale are produced on the premises.

C. Single-family detached dwellings.

D. Home occupations subject to the following requirements:

(1) Not more than one employee in addition to members of the family residing on the premises shall be engaged in such occupation.

(2) The home occupation shall be conducted entirely within the principal building, and only one such use shall be conducted on the premises.

(3) The home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes and shall be limited to not more than 15% of the gross floor area of the principal building, including the garage area and the basement area if so used.

(4) There shall be no external evidence of a nonresidential use, and no display of products shall be visible from the street.

(5) No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a home occupation except in passenger automobiles, station wagons, or delivery vans with a maximum length of 20 feet during the hours of 8:00 a.m. to 10:00 p.m., Monday through Saturday.

(6) No additional traffic or off-street parking shall be generated by such occupation in excess of one automobile.

(7) No noise shall be audible to adjacent property owners to interfere with the quiet enjoyment of their property.

(8) Such use of the home shall not adversely affect the adjacent property owners or interfere with the quiet enjoyment of their properties by causing air pollution, noise, noxious odors, water pollution, vibration, glare, traffic or parking problems, or electrical interference.

(9) Signage advertising or identifying the home occupation, goods sold, and/or services performed at the home shall not be permitted on the premises. Any advertising for the home occupation shall list only the telephone number and not the street address of the home.

(10) There shall be no visible outside storage of any kind related to the home occupation, including the use of vans, trucks, and other vehicles to store materials and equipment.

(11) No home occupation use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the building.

(12) The home occupation use shall be permitted between the hours of 8:00 a.m. and 10:00 p.m.

(13) No firearms may be used in any form in said home occupation use, including repair of nonfunctioning parts.

(14) There shall be no sales of goods, chattels, materials, supplies or items of any kind made at the premises at any time.

(15) No machinery or equipment or process may be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable at the property lines or which causes any interference with radio or television reception by neighboring residences or fluctuation in line voltages beyond the premises.

(16) All home occupation uses must be registered with the Clerk of Delran Township. A registration fee as set forth in § 150-8 will be required of the resident prior to commencement of such use. The Construction Code Official and/or Zoning Officer of Delran Township shall inspect the premises to insure compliance with the standards enumerated herein for such home occupation use. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(17) All home occupation uses shall specifically maintain solid waste containers which comply with the following standards:

(a) The container shall be watertight and of metal or plastic with a tight-fitting cover and handles. Each container shall have a capacity of not less than 20 gallons or more than 40 gallons and shall not exceed 50 pounds when containing solid waste material. The volume of solid waste entitled to be picked up on each collection day from each home occupation use shall not exceed 10 receptacles, bags, boxes, bundles, or a combination thereof.

(18) Where all the requirements set forth above are met, no site plan application shall be required.

E. Family day-care homes as per the provisions of N.J.S.A. 40:55D-66.5a et seq.

F. Child-care centers in accordance with the requirements of N.J.S.A. 40:55D-66.6 and 40:55D-66.7.

§ 355-11. Conditional uses.

A. Schools (including religious schools), churches, chapels, synagogues, mosques or similar houses of worship, convents and monasteries.

(1) Conditions for use:

(a) Minimum tract size: one acre.

(b) Minimum parking setbacks:

[1] Thirty-five feet from county or state right-of-way;

[2] Twenty-five feet from any residential zone;

[3] Twenty feet from municipal right-of-way;

[4] Twenty feet from rear property line;

[5] Ten feet from side property lines; provided, however, zero feet shall be required when cross easements for parking area are provided.

(c) Minimum buffer width and location: 15 feet within the setback areas adjacent to parking areas and outdoor recreation facilities from any residentially zoned property.

(d) All utilities must be located underground.

(e) Such additional restrictions or conditions as the reviewing board may impose in order to control the effect of noise, traffic movement and volume, lighting, and/or the intensity of such conditional use on adjacent land uses. The reviewing board may require a sufficient guaranty to ensure compliance with such restrictions or conditions.

(2) Development review requirements:

(a) Site plan review approval must be obtained from the reviewing board with jurisdiction, pursuant to Chapter 290, Site Plan Review, of the Code of the Township of Delran.

(b) Such conditional use must include site lighting and landscaping and the design of all required buffers must comply with this chapter of the Code of the Township of Delran.

B. Hospitals.

(1) Conditions for use:

(a) Minimum tract size: five acres.

(b) Minimum lot frontage: 200 feet.

(d) Minimum rear and side yard setback: 50 feet.

(e) Maximum height limitation: 75 feet, with the requirement that for every 10 feet or portion thereof in excess of 30 feet, all setbacks shall be increased by an additional 10 feet.

(f) Maximum impervious coverage: 60% of the total lot area.

(g) Minimum parking setbacks:

[1] Thirty-five feet from any county or state right-of-way;

[2] Twenty-five feet from any residentially zoned property;

[3] Twenty feet from a municipal right-of-way;

[4] Twenty feet from rear property line;

[5] Ten feet from the side property line; provided, however, zero feet shall be required where cross easements for parking areas are provided.

(h) All utilities shall be underground.

(i) Cutoff luminaries to restrict intrusion onto adjacent residential uses.

(j) A twenty-foot-wide landscape buffer all along the facility’s border with the existing residential uses.

(2) Development review requirements:

(a) Site plan review approval must be obtained from the reviewing board with jurisdiction, pursuant to Chapter 290, Site Plan Review, of the Code of the Township of Delran.

(b) Such conditional use must include site lighting and landscaping and the design of all required buffers must comply with this chapter of the Code of the Township of Delran.

(c) Any development shall be constructed in accordance with an overall architectural plan such that the facades, rooflines, architectural detail and landscaping of each building shall be compatible with all other existing or proposed buildings on the site.

(d) The principal and accessory buildings shall be arranged in a group such that no building shall be less than 25 feet from any other building.

(3) Accessory uses.

(a) Permitted accessory uses:

[1] Out-patient facilities;

[2] Medical and dental offices;

[3] Pediatric centers;

[4] Physical therapy facilities; and

[5] Similar medical uses.

(b) Conditions of accessory uses. Accessory uses cannot constitute more than 40% of the total gross floor area of all buildings on the lot, premises or development (whether or not completed in phases). Editor’s Note: Original Sec. 22-8.1.c.3, Public mini storage facilities for goods other than explosives, which previously followed this section, was repealed 2-11-2005 by Ord. No. 2005-2.

§ 355-12. Residential density.

[Amended 6-28-2005 by Ord. No. 2005-19]

The maximum overall density is one unit per two acres, except as permitted in Article IVA.

§ 355-13. Residential area and bulk standards.

A. The minimum lot size shall be one acre except as permitted in Article IVA, below. Tracts not developed under Article IVA shall set aside at least 50% of the tract as open space. Ownership and management of open space shall be as set forth in Article IVA, below.

[Amended 9-15-2004 by Ord. No. 2004-19; 6-28-2005 by Ord. No. 2005-19]

B. Minimum lot frontage: 100 feet, except that lot frontage may be measured at the front yard setback line on curvilinear streets, including cul-de-sac.

C. Minimum lot depth: 50 feet.

D. Setback requirements.

(1) Minimum front yard setback:

(a) Fifty feet from any county or state right-of-way;

(b) Thirty-five feet from any other right-of-way.

(2) Minimum rear yard setback:

(a) Fifty feet from any county or state right-of-way for reverse frontage.

(b) Thirty-five feet from any other rear property line.

(3) Minimum side yard setback: 20 feet.

E. Maximum building height: 35 feet.

[Amended 4-25-2006 by Ord. No. 2006-4]

F. Maximum impervious coverage: 60% of total lot area.

G. Maximum clearing limit. No more than 80% of the lot area shall be cleared of vegetation for the purpose of construction; provided, however, if the existing cleared area exceeds 80% of the lot area or the existing vegetation is immature or seasonal in nature and may be reestablished in a relatively short period of time, compliance with this subsection may be adjusted to promote the purpose of this chapter.

H. (Reserved) Editor’s Note: Former Subsection H, Minimum open space requirements, was repealed 6-28-2005 by Ord. No. 2005-19.

I. Accessory use area and bulk standards. Unless elsewhere specifically specified to the contrary, accessory buildings and uses shall conform to the following standards:

(1) Accessory buildings and uses shall not exceed 25% of the rear yard area or the following limitations, whichever is smaller:

[Amended 4-25-2006 by Ord. No. 2006-4]

(a) Garages and carports: 600 square feet.

(b) Decks: 400 square feet.

(d) Nonportable swimming pools: 600 square feet of pool area.

(2) Accessory buildings shall not exceed 25 feet in height.

(3) Accessory buildings and uses shall be included in computing the maximum percentage of lot coverage, impervious coverage or other standards.

(4) In the case of an interior lot abutting on one street, no detached accessory building or use shall be constructed or altered so as to occupy the front half of the lot; except that where lots are over 200 feet in depth, this setback need not to exceed 100 feet.

(5) In the case of an interior lot abutting on two or more streets, no detached accessory building or use shall be constructed or altered so as to occupy the one-fourth of the lot nearest either street.

(6) In the case of a corner lot abutting two streets, accessory buildings or uses shall not be located nearer the street line of the street forming the side yard boundary than the required front yard setback on such street.

(7) In the case of a corner lot abutting on more than two streets, no detached accessory building or use shall be constructed or altered so as to be nearer to any street line than one-fourth the width or length of the lot, except that such setback need not exceed 100 feet.

(8) A garage or carport attached to any side of the dwelling and constructed as a part of such dwelling shall be considered as a part of the dwelling and not as an accessory building and shall meet all requirements for front, side or rear yard setbacks and heights of structures for the primary use.

(9) The minimum side and rear yard setback for accessory buildings and uses shall be 15 feet.

[Amended 4-25-2006 by Ord. No. 2006-4]

(10) Sheds, storage sheds, and pool sheds are enclosed structures, not on a permanent foundation, for the storage of household equipment, hand tools, small power tools, lawn mowers, trimmers, pool supplies and similar tools or equipment for use by the residents of a single dwelling unit. Such sheds shall comply with the following provisions:

[Amended 4-25-2006 by Ord. No. 2006-4]

(a) Sheds shall be permitted only in the rear yards, or the side yard of a corner lot which abuts the rear of a building, and whose footprint shall not exceed 100 square feet.

(b) The maximum height for a shed shall be 10 feet from the surrounding ground level.

(c) Sheds shall be set back at least 10 feet from any lot line. Sheds on corner lots shall be no closer to a street than the setback for principal buildings on that street.

(d) On lots of one acre or less, one shed shall be permitted. On lots of greater than one acre, one additional shed for each additional full acre shall be permitted to a maximum of three sheds.

(11) Notwithstanding other bulk requirements of this section, front porches shall be permitted on existing dwellings in the district in the front yard setback other than a setback to a county or state right-of-way, provided that they meet the following conditions:

(a) The porch shall be and must remain open air although it may be roofed. The porch shall not be enclosed in any manner, including screens.

(b) The porch shall not be utilized as a permanent year-round interior living space.

(c) Porches satisfying the standards of this section may extend into what is the front setback from the front line of an existing dwelling a distance not to exceed eight feet, provided that in no event shall such a porch be closer than 15 feet to the front property line.

(12) Swimming pools, whether or not portable or storable, shall be set back from the side lot line at least 10 feet and from the rear lot line at least 15 feet measured from the edge of the coping, pool edge restraint or the filter housing, whichever is closer to the lot line.

[Added 4-25-2006 by Ord. No. 2006-4]

J. All utilities (including cable television and telephone lines) shall be underground.

Article IVA. Agricultural District A-1 (Residential Cluster Provisions)

[Added 6-28-2005 by Ord. No. 2005-19]

§ 355-13.1. Purpose and intent.

A. Age-Restricted Residential Cluster Development I. The Township Council, acting to reinforce the traditional purpose and intent of the Township’s Agricultural Zoning District and implement the goals and objectives of the Delran Township Master Plan, has determined that limited age-restricted residential cluster development should be allowed and encouraged in the A-1 Zoning District as an alternative to conventional sprawl development to:

(1) Supplement Delran Township’s traditional A-1 zoning regulations by encouraging the continuation of agriculture and agricultural-related uses within this district by providing for open space areas and by accommodating the housing needs of our senior residents.

(2) Protect our environmentally sensitive lands, including stream corridors, wetlands, floodplains, and other critical site features and natural resources by requiring that the more fragile or fertile areas of the site remain in preserved open space or agriculture.

(3) Provide for recreation facilities which are appropriate to the needs and convenience of appropriate age groups.

(4) Allow for innovation in residential development to meet the needs of our senior residents for a variety of housing types, sizes, designs and forms of ownership.

(5) Provide flexible design methods which can relate the type and layout of residential developments to the particular site constraints and to the particular demands for age-restricted housing and related facilities.

(6) Require installation of pedestrian and bicycle circulation networks to reduce vehicular dependence and encourage healthful living, to serve the residents of the development, and to integrate the networks with other community and extra-community facilities.

(7) Provide a desirable visual environment through creative development techniques and design arrangements related to the particular site.

(8) Consider additional methods and means for preserving agricultural open space, including an open space trust fund, development transfer, or other innovative approaches.

B. Age-Restricted Residential Cluster Development II. The Township Council of the Township of Delran desires to allow limited Age-Restricted Residential Cluster Development II and further encourages the same in the A-I Zoning District as an alternative to conventional sprawl development to:

[Added 7-15-2009 by Ord. No. 2009-6]

(1) Supplement Delran Township’s traditional A-I zoning regulations by accommodating the housing needs of our senior residents.

(3) Encourage the provision of recreation facilities which are appropriate to the needs and convenience of not only senior residents but of all residents of Delran.

(4) Allow for innovation in residential development to meet the needs and choices of our senior residents for a variety of housing types, sizes, designs and forms of ownership.

(6) Provide a desirable visual environment through creative development techniques and design arrangements related to the particular site.

(7) Recognize the lower impact of age-restricted developments on the community in terms of traffic and public services.

§ 355-13.2. Required findings.

A. Age-Restricted Residential Cluster Development I. The Planning Board shall grant approvals for proposed age-restricted attached or detached residential cluster applications only if it finds the following facts and conclusions:

(1) The permitted number of clustered units is equal to no more than the by-right layout of usable, buildable and accessible nonclustered lots located in accord with NJDEP and other land use regulations under the current (Article IV) A-1 ordinance bulk regulations at a density of one unit per acre. A by-right layout of usable and buildable nonclustered lots must be presented to the Planning Board to ascertain the permitted number of units.

(2) Adequate provision has been made through the physical design of the residential cluster for public services, public water and sewer, control over vehicular and pedestrian traffic, the amenities of light and air, and recreation and visual enjoyment.

(3) The most fragile and fertile lands, and environmentally protected lands (example: wetlands, wetland buffers and floodplains) are part of the preserved lands.

(4) The age-restricted residential cluster complies with all applicable requirements of this chapter.

(5) A minimum of 70% of the total tract is reserved as common lands.

B. Age-Restricted Residential Cluster Development II. The Planning Board shall grant approvals for proposed age-restricted attached or detached residential cluster applications only if it finds the following facts and conclusions:

[Added 7-15-2009 by Ord. No. 2009-6]

(1) The total tract area contains at least 30 acres.

(2) The permitted number of clustered units is equal to no more than two dwelling units per gross acre located in accord with NJDEP and other land use regulations.

(3) Adequate provision has been made through the physical design of the residential cluster for public services, public water and sewer, control over vehicular and pedestrian traffic, the amenities of light and air, and recreation and visual enjoyment.

(4) The most fragile and environmentally protected lands for example, wetlands, wetland buffers and floodplains) are part of the preserved lands.

(5) The age-restricted residential cluster complies with all applicable requirements of this chapter.

(6) A minimum of 50% of the total tract is reserved as common lands.

§ 355-13.3. Permitted uses and definitions.

A. Age-Restricted Residential Cluster Development I. The following uses or any combination thereof are permitted in an age-restricted attached or detached residential cluster:

(1) Single-family/detached structures, defined as single freestanding buildings.

(2) Two-family structures, defined as freestanding buildings containing two dwelling units sharing one or more vertical or horizontal common walls and with each unit having a separate exterior entrance.

(3) Multifamily structures nontownhouse, defined as freestanding buildings containing three, four, five or six dwelling units, with each unit sharing with another unit or units one or more vertical or horizontal common walls and with each unit having a separate exterior entrance. If a multifamily structure also meets the definition of a townhouse structure, it shall be considered a townhouse structure.

(4) Townhouse structures, defined as freestanding buildings containing two, three, four, five or six townhouse units.

(5) Townhouse unit, defined as one section of a townhouse structure containing only one dwelling unit which has freestanding walls on two sides (or, if at the end of the townhouse structure, three sides) and shares party walls with units on both sides (or, if it is at the end of a townhouse structure, shares a party wall on one side), with the unit having a separate exterior entrance.

(6) Accessory structures and uses customarily incidental to a residential cluster development.

B. Age-Restricted Residential Cluster Development II. The following uses or any combination thereof are permitted in an age-restricted attached or detached residential cluster:

[Added 7-15-2009 by Ord. No. 2009-6]

(1) Single-family/detached structures, defined as single freestanding buildings.

(3) Townhouse structures, defined as freestanding buildings containing two, three, four, five or six townhouse units.

(4) Townhouse unit, defined as one section of a townhouse structure containing only one dwelling unit which has freestanding walls on two sides (or, if at the end of the townhouse structure, three sides) and shares party walls with units on both sides (or, if it is at the end of a townhouse structure, shares a party wall on one side), with the unit having a separate exterior entrance.

(5) Accessory structures and uses customarily incidental to a residential cluster development.

§ 355-13.4. Minimum tract size; contiguous lands.

A. Age-Restricted Residential Cluster Development I.

(1) Each age-restricted residential cluster shall consist of at least 25 contiguous acres.

(2) Public streets shall not be deemed to make land noncontiguous for purposes of this Subsection A.

B. Age-Restricted Residential Cluster Development II.

[Added 7-15-2009 by Ord. No. 2009-6]

(1) Each Age-Restricted Residential Cluster Development II shall consist of at least 50 contiguous acres of land.

(2) Public streets shall not be deemed to make land noncontiguous for purposes of this Subsection B.

§ 355-13.5. Permitted number of dwelling units.

A. Age-Restricted Residential Cluster Development I.

(1) Maximum number of dwelling units for A-1 age-restricted residential cluster. The maximum number of dwelling units permitted in an A-1 age-restricted residential cluster shall be no more than the number of dwelling units which could be constructed if the tract were being developed as a conventional development in conformance with the nonclustered A-1 bulk regulations at a density of one unit per acre as set forth in § 355-13.2A(1), above. The number of dwelling units yielded by this process shall be the maximum density for the gross area of land.

(2) Maximum gross density for A-1 non-age-restricted residential development: one unit per two acres, with an open space requirement of 50%.

B. Age-Restricted Residential Cluster Development II. The maximum number of dwelling units permitted in an Age-Restricted Residential Cluster Development II shall be no more than two units per acre calculated on the overall tract acreage.

[Added 7-15-2009 by Ord. No. 2009-6]

§ 355-13.6. Lot standards for age-restricted cluster development.

A. Age-Restricted Residential Cluster Development I. The following standards shall apply to clusters:

(1) Single-family detached.

(a) Minimum lot width and frontage: 60 feet.

(b) Minimum lot depth: 100 feet.

(d) Minimum front yard setback to garage: 20 feet.

(e) Minimum side yard setback: eight feet/18 feet combined.

(f) Minimum rear yard setback: 20 feet.

(g) Maximum height: 27 feet.

(h) Maximum impervious coverage: 60%.

(2) Two-family attached.

(a) Minimum lot width and frontage: 50 feet.

(b) Minimum lot depth: 100 feet.

(d) Minimum front yard setback to garage: 20 feet.

(e) Minimum (nonadjoining) side yard setback: 15 feet.

(f) Minimum rear yard setback: 20 feet.

(g) Maximum height: 27 feet.

(h) Maximum impervious coverage: 60%.

(3) Townhouses.

(a) Minimum lot width and frontage: 28 feet.

(b) Minimum lot depth: 100 feet.

(d) Minimum front yard setback to garage: 20 feet.

(e) Minimum side yard setback: 15 feet (end units).

(f) Minimum rear yard setback: 20 feet.

(g) Maximum height: 27 feet.

(h) Maximum impervious coverage: 75%.

(4) Multifamily structures. Since the dwelling units in multifamily structures may contain a variety of configurations, no specific lot dimensions are prescribed in this article for the individual units. Each multifamily structure shall conform to the following requirements, with all other lot dimensions as approved by the Planning Board:

(a) Minimum front yard setback to garage: 20 feet.

(b) Minimum distance between buildings: 60 feet.

(5) Applicable to all cluster developments: Front yard setback limits shall be staggered with a minimum setback of 20 feet measured from the right-of-way. Fifty percent of all units may have a setback of 20 to 23 feet. The remaining lots shall have setbacks from 23 to 25 feet, or greater. No more than two adjoining lots fronting on the same street shall have similar front yard setbacks within three feet of each other. Corner lots shall conform to front yard setbacks on both streets.

B. Age-Restricted Residential Cluster Development II. The following standards shall apply to clusters:

[Added 7-15-2009 by Ord. No. 2009-6]

(1) Single-family detached.

(a) Minimum lot width: 50 feet.

(b) Minimum lot depth: 100 feet.

(d) Minimum front yard setback: 20 feet.

(e) Minimum side yard setback: five feet minimum/15 feet combined.

(f) Minimum rear yard setback: 10 feet.

(g) Maximum height: 35 feet.

(h) Maximum impervious coverage: 60%.

(2) Two-family attached.

(a) Minimum lot width: 50 feet.

(b) Minimum lot depth: 100 feet.

(d) Minimum front yard setback: 20 feet.

(e) Minimum (nonadjoining) side yard setback: 15 feet.

(f) Minimum rear yard setback: 15 feet. .

(g) Maximum impervious coverage: 60%.

(3) Townhouses.

(a) Minimum lot width: 24 feet.

(b) Minimum lot depth: 80 feet.

(d) Minimum front yard setback: 20 feet.

(e) Minimum side yard setback: 15 feet (end units).

(f) Minimum rear yard setback: 15 feet.

(g) Maximum impervious coverage: 80%.

(4) Decks; porches.

(a) Decks may extend 10 feet into the required rear yard.

(b) Porches may be permitted in the front yard setback in accordance with Delran Township Ordinance 2001-08. Editor’s Note: See Art. IV, Agricultural Zoning District A-1, and Art. V, Single-Family Residence District R-1.

§ 355-13.7. Arrangement of buildings; height.

A. Age-Restricted Residential Cluster Development I.

(1) Distances between buildings.

(a) Multifamily and townhouse structures shall be no closer to each other or to two-family structures than 60 feet on the plane, which describes the buildings as backing or fronting each other.

(b) An accessory structure related to a townhouse structure or multifamily structure shall be no closer than 20 feet to an accessory structure related to another townhouse structure or multifamily structure.

(2) Internal setbacks from off-tract property lines. A landscaped buffer area shall be required along the property lines of the tract as follows: along existing public streets, a distance equal to at least 40 feet or such greater distance as the Planning Board may determine to be necessary to be protective for the existing neighborhood or adjoining public open space or agricultural uses.

(3) Offsets and architectural features. Townhouse structures and multifamily structures shall be designed with multiple offsets and other architectural features so as to provide breaks in the linear plane.

(4) Height limitations. No principal structure shall have a height greater than 27 feet, and no accessory structure shall have a height greater than 15 feet.

B. Age-Restricted Residential Cluster Development II.

[Added 7-15-2009 by Ord. No. 2009-6]

(1) Distances between buildings.

(a) Townhouse structures shall be no closer to each other or to two-family structures than 50 feet on the plane, which describes the buildings as backing or fronting each other.

(2) Internal setbacks from off-tract property lines. A landscaped buffer area shall be required along the property lines of the tract as follows: along existing public streets, a distance equal to at least 40 feet to be protective for the existing neighborhood or adjoining public open space or agricultural uses.

(3) Height limitations. No principal structure shall have a height greater than 35 feet, and no accessory structure shall have a height greater than 15 feet.

§ 355-13.8. Common open space.

A. Age-Restricted Residential Cluster Development I.

(1) Amount exclusions. At least 70% of the tract shall be devoted to preserved common lands.

(2) Golf courses shall be considered as preserved and protected open space and may be included as part of the recreation or preservation, or both. The preservation of existing golf courses shall have priority over preservation of other nonexisting.

B. Age-Restricted Residential Cluster Development II.

[Added 7-15-2009 by Ord. No. 2009-6]

(1) Amount exclusions. At least 50% of the tract shall be devoted to preserved common lands.

§ 355-13.9. Ownership and maintenance of the common open space.

A. Age-Restricted Residential Cluster Development I. The developer shall first offer dedication of the common open space to the Township. If refused by the Township, the developer shall establish an organization for the ownership and/or maintenance of the common open space and stormwater management facilities outside public rights-of-way for the benefit of owners or residents of the residential cluster. Such organization shall not be dissolved and shall not dispose of any common open space by sale or otherwise except to an organization established to own and maintain the common open space for the benefit of such residential cluster, and thereafter such organization shall not be dissolved or dispose of any of its common open space without first offering to dedicate such to the Township of Delran. Any disposition of the common open space shall be subject to the requirement that the common open space will be retained and maintained for open space use in perpetuity. Dedication of stormwater management facilities to the municipality outside public rights-of-way is prohibited and shall remain the responsibility of the homeowner’s organization.

B. Age-Restricted Residential Cluster Development II. The developer shall offer and the Township shall accept dedication of the common open space. Dedication of stormwater management facilities to the municipality outside public rights-of-way is prohibited and shall remain the responsibility of the homeowner’s organization.

[Added 7-15-2009 by Ord. No. 2009-6]

§ 355-13.10. Other site design standards.

A. Age-Restricted Residential Cluster Development I.

(1) Pedestrian and bicycle circulation. Bicycle paths and sidewalks, whether or not proposed by the Township Master Plan, shall be provided so as to connect to existing bicycle paths already developed or for which the Township has developed plans, adjacent to the tract and to bicycle paths proposed on the Master Plan.

(2) Landscaping and other improvements. All areas other than preserved natural open space shall be suitably landscaped. Shade trees shall be provided along walks, driveways, and parking areas. The Planning Board may require such grading, drainage, walkways, fencing, lights, trees, and such other improvements in the common open space as it shall deem appropriate to enhance the intended open space uses. Screening or buffers consisting of fencing or landscaping may be required around recreation, parking, utility and refuse disposal areas and around other similar areas as determined by the Planning Board. All landscaping shall be maintained in good condition, shall be provided with subsurface drip-type irrigation, and shall be replaced where necessary by the organization.

B. Age-Restricted Residential Cluster Development II

[Added 7-15-2009 by Ord. No. 2009-6]

(2) A Recreation Plan shall be provided as part of the land development application. Such a plan shall provide for recreation appropriate for the age group.

(3) Landscaping and other improvements. All areas other than preserved natural open space shall be suitably landscaped. Shade trees shall be provided along walks, driveways, and parking areas. The Planning Board may require such grading, drainage, walkways, fencing, lights, trees, and such other improvements in the common open space as it shall deem appropriate to enhance the intended open space uses. Screening or buffers consisting of fencing or landscaping may be required around recreation, parking, utility and refuse disposal areas and around other similar areas as determined by the Planning Board. All landscaping shall be maintained in good condition and shall be replaced where necessary by the organization.

(4) The terms and provisions of this ordinance Editor’s Note: “This ordinance” refers to Ord. No. 2009-6. shall regulate development if any inconsistency is found between this ordinance and any existing provisions of the Delran Township Zoning Ordinance.

§ 355-13.11. Affordable housing.

[Added 7-15-2009 by Ord. No. 2009-6]

A. Developments in the Age-Restricted Residential Cluster Development II Zone shall not be required to provide affordable housing and shall not be required to make any payment in lieu of providing affordable housing.

B. Any affordable housing obligation created by virtue of an Age-Restricted Residential Cluster Development II project shall be satisfied by the Township at another location.

Article V. Single-Family Residence District R-1

[Amended by Ord. No. 2000-23; Ord. No. 2001-8; Ord. No. 2002-9; Ord. No. 2003-15]

§ 355-14. Purpose and intent.

The purpose and intent of the R-1 Single-Family Residence District is to provide single-family residential housing with medium density.

§ 355-15. Permitted uses.

A. Single-family detached dwellings.

B. Public parks, libraries, public community buildings, playgrounds and active and passive recreation uses, with only accessory buildings necessary for the operation and maintenance of the primary use and on-site parking areas.

C. Public utility structures, but not including workshops, warehouses, storage uses or garages.