[HISTORY: Article I adopted by the Mayor and Council of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-71, readopted 12-27-1972 as Ord. No. 20-71-72; Article II adopted by the Board of Health of the Borough of Wanaque 10-12-1971, readopted 12-11-1973.]
[Adopted 9-8-1971 as Ord. No. 13-0-71; readopted 12-27-1972 as Ord. No. 20-71-72]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Wanaque of a general and permanent nature, adopted by the Borough Council of the Borough of Wanaque as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 114, together with an Appendix and Index, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Wanaque, County of Passaic, New Jersey."
This ordinance shall supersede all other general and permanent ordinances passed by the Borough Council of the Borough of Wanaque prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force and effect as shall hereafter be set forth by reference.
All provisions of the Code of the Borough of Wanaque, County of Passaic, New Jersey, shall be in full force and effect on and after the effective date of this ordinance.
All ordinances of a general and permanent nature, adopted by the Borough Council of the Borough of Wanaque and in force on the date of the adoption of this ordinance, and not contained in the Code of the Borough of Wanaque, County of Passaic, New Jersey, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-4 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the Borough of Wanaque prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Borough of Wanaque or any penalty, punishment or forfeiture which may result therefrom.
C. 
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 of the Borough of Wanaque.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Borough of Wanaque.
E. 
Any ordinance of the Borough of Wanaque providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Borough of Wanaque, or any portion thereof.
F. 
Any ordinance or resolution of the Borough of Wanaque appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Borough of Wanaque, or other instruments or evidence of the Borough of Wanaque's indebtedness.
G. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H. 
The levy or imposition of taxes, assessments or charges.
I. 
The dedication of property or approval of preliminary or final subdivision plats.
J. 
Any ordinance of the Borough of Wanaque relating to salaries.
K. 
Ordinances adopted by the Board of Health.
L. 
Any ordinance of the Borough of Wanaque adopted subsequent to August 11, 1971.
In compiling and preparing the ordinances of the Borough of Wanaque for adoption and revision as part of the Code of the Borough of Wanaque, County of Passaic, New Jersey, pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made for one or more of said ordinances. It is the intention of the Borough Council of the Borough of Wanaque that all such changes be adopted as part of the Code of the Borough of Wanaque, County of Passaic, New Jersey, as if the ordinances so changed had been previously formally amended to read as such.
A copy of the Code of the Borough of Wanaque, County of Passaic, New Jersey, in loose-leaf form has been filed in the office of the Borough Clerk of the Borough of Wanaque and shall remain there for the use and examination of 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 Borough of Wanaque by impressing thereon the seal of the Borough of Wanaque, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Borough of Wanaque to be made available to persons desiring to examine the same during all times while the said Code is in effect.
Any and all additions, amendments or supplements to the Code of the Borough of Wanaque, County of Passaic, New Jersey, when passed and adopted in such form as to indicate the intention of the Borough Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of Wanaque, County of Passaic, New Jersey" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code of the Borough of Wanaque, County of Passaic, New Jersey shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and supplements thereto.
It shall be the duty of the Borough Clerk, or someone authorized and directed by the Borough Clerk, to keep up-to-date the certified copy of the book containing the Code of the Borough of Wanaque, County of Passaic, New Jersey, required to be filed in the office of the Borough Clerk for the use of the public. All changes in said Code and all ordinances adopted by the Borough Council subsequent to the effective date of this codification which the Borough of Wanaque shall adopt 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.
Copies of the Code book containing the Code of the Borough of Wanaque, County of Passaic, New Jersey, may be purchased from the Clerk of the Borough of Wanaque upon the payment of a fee to be set by resolution of the Borough Council, who may also arrange by resolution for procedures for the periodic supplementation thereof.
The Clerk of the Borough of Wanaque, pursuant to law, shall cause to be published, in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the Borough of Wanaque. Sufficient copies of the Code of the Borough of Wanaque, County of Passaic, New Jersey, shall be maintained in the office of the Borough Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.
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 section or part thereof.
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 section or part thereof.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of Wanaque to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing the same.
Any person, firm or corporation convicted of violating any provision of this ordinance shall be subject to a fine not exceeding $500 or imprisonment as provided by law for not more than 90 days, or both, in the discretion of the Judge imposing the same.
This ordinance shall take effect immediately after final approval and publication, according to law.
The following deletions, amendments and additions to the ordinances of the Borough of Wanaque have been made in the Code of the Borough of Wanaque, County of Passaic, New Jersey, and these deletions, amendments and additions are to be given full force and effect by this adoption of the Code:
A. 
Deletions.
(1) 
All severability, effective date and repeal of conflicting ordinance sections in all chapters (covered by blanket provisions in §§ 1-3, 1-4, 1-12 and 1-13 of this article).
(2) 
In Chapter 64, Building Specifications, § 64-2C(2), which permits the Building Inspector to retain 25% of all fees received.
(3) 
Chapter 91, Sewerage.
(4) 
Chapter 111, Water Use.
B. 
Amendments.
(1) 
In Chapter 3, Assessors, Board of Tax:
(a) 
§ 3-3 is amended to delete abolition of old office of Assessor.
(b) 
§ 3-4 is amended to delete obsolete statutory references and provide for filling vacancies for the unexpired term.
(c) 
§ 3-5 is amended to make term of Secretary of Board run concurrently with term of member serving as Secretary.
(d) 
§ 3-8 is amended to simplify language.
(2) 
Chapter 6, Civil Service, is amended to rephrase descriptions of schedules and revise list of classified positions to reflect present list of borough employees.
(3) 
In Chapter 10, Court, Municipal:
(a) 
Article I, Establishment and Operation of Court, is amended in entirety to comply with current statutes and court rules.
(b) 
In Article II, Prosecutor of the Municipal Court, § 10-8 is amended to change the word "Magistrate" to "Judge."
(4) 
In Chapter 13, Fire Department:
(a) 
§ 13-1 is amended to allow establishment of additional fire companies.
(b) 
§ 13-3 is amended to increase membership limit from 35 to 40 per company.
(c) 
§ 13-5 is amended to require approval of new members by Mayor and Council rather than concurrence in selection.
(d) 
§ 13-7 is amended to allow companies and Mayor and Council to fix retirement age by agreement.
(e) 
§ 13-8 is amended to give senior ranking officer or member charge of Fire Department at fires and drills in absence of Chief.
(f) 
§ 13-15 is amended to substitute title of current Fire Prevention Code for title of previous code.
(5) 
In Chapter 15, Health, Board of:
(a) 
§ 15-1 is amended to give the Board such powers and duties as are provided by statute.
(b) 
§ 15-2 is amended to provide for regular and special meetings, and to stagger the expiration of terms of members.
(c) 
§ 15-5 is amended to allow the Council to borrow money to meet public health emergencies.
(6) 
In Chapter 17, Industrial Commission, § 17-3 is amended to make the Mayor an ex officio member, in accordance with statute.
(7) 
In Chapter 20, Local Assistance Board:
(a) 
§ 20-2 is amended to provide that members be appointed rather than nominated by the Mayor and approved rather than confirmed by Council, and to provide for filling of vacancies.
(b) 
§ 20-4 is amended to provide for appointment of a temporary Director for not more than 90 days rather than not more than five years.
(8) 
In Chapter 23, Pensions, § 23-1 is amended to change "volunteer firemen" to "a volunteer fireman."
(9) 
In Chapter 33, Police Department:
(a) 
§ 33-1 is amended to provide statutory reference for establishment of a Police Department.
(b) 
§ 33-11B is amended to permit waiver of residency requirement for members of the Police Department.
(c) 
§ 33-11E is amended to prohibit appointment to the Police Department of any person convicted of any indictable offense or of any crime.
(d) 
§ 33-11F is amended to lower maximum age for new members from 40 to 35 years.
(e) 
§ 33-21A is amended to insert the words members seeking" between "all" and "promotions."
(f) 
§ 33-25C is amended to add statutory procedure (R.S. 40:47-4.8) as alternative procedure for termination of appointments,
(10) 
In Chapter 36, Purchasing Committee:
(a) 
§ 36-3 is amended to require purchasing procedures to conform to statutory requirements.
(b) 
§ 36-4 is amended to allow any member of the Purchasing Committee or the Borough Clerk to make emergency purchases not exceeding $200 in amount.
(11) 
Chapter 43, Salaries and Compensation, is amended in entirety to refer to the annual Salary Ordinance without printing the list of salaries. (Salary Ordinances are saved from repeal in § 1-5J of this article.)
(12) 
In Chapter 47, Alcoholic Beverages:
(a) 
§ 47-4 is amended to prohibit sale and distribution without a valid license in effect.
(b) 
§ 47-5 is amended to increase the annual license fees for plenary retail consumption licenses from $270 to $300 and plenary retail distribution licenses from $150 to $165.[1]
[1]
Editor's Note: At time of original adoption of this chapter on 9-8-1971, the annual license fee for plenary retail consumption licenses was increased from $225, to $270 and the fee for plenary retail distribution licenses was increased from $125 to $150.
(c) 
§ 47-8C is amended to except bona fide hotels, restaurants, clubs and other establishments not having sale of alcoholic beverages as a principal business or activity from the requirement to close entirely during prohibited hours of sale.
(d) 
§ 47-8D is amended to amend hours referred to from obsolete daylight saving time period to prevailing time.
(e) 
§ 47-10 is amended to prohibit minors from consuming or being permitted to consume on licensed premises, purchasing, attempting to purchase or having others purchase for them alcoholic beverages.
(f) 
§ 47-12 is amended to allow lottery tickets to be sold on licensed premises as permitted by statute and the Alcoholic Beverage Control Commission.
(g) 
§ 47-16 is amended to increase the maximum fine from $200 to $500 and to change the words "magistrate or recorder" to "Municipal Judge."
(13) 
In Chapter 49, Amusement Devices and Vending Machines:
(a) 
§ 49-1 is amended to require licenses for vending machines.
(b) 
§ 49-11 is amended to prohibit devices which offer a prize or reward and to allow the police to seize devices which the Chief of Police has reason to believe are being used as gambling devices.
(c) 
§ 49-14 is amended to increase the maximum fine from $200 to $500.
(14) 
in Chapter 53, Auctions:
(a) 
§ 53-4 is amended to revise application procedure, require certificate of fire safety and provide for character investigation of auctioneer and review of license application by Mayor and Council.
(b) 
§ 53-11 is amended to increase the maximum fine from $200 to $500 and to change the word "Magistrate" to "Judge."
(15) 
In Chapter 55, Barbershops and Beauty Parlors:
(a) 
§ 55-3 is amended to require establishments to be in compliance with applicable statutory provisions.
(b) 
§ 55-4 is amended to increase the annual license fee from $2 to $5.
(16) 
In Chapter 58, Bathing, Public, § 58-9 is amended to increase the maximum penalty from a fine of $10 to a fine of $500 or 90 days' imprisonment, or both.
(17) 
In Chapter 63, Buildings, Repair or Demolition:
(a) 
§ 63-1 is amended to change wording of legislative determination of the governing body.
(b) 
§ 63-10 is amended to increase maximum fine from $200 to $500.
(18) 
In Chapter 64, Building Specifications:
(a) 
§ 64-1 is amended to adopt the 1970 Edition of the BOCA Basic Building Code in place of previous editions.
(b) 
§ 64-2C(1) is amended to permit the Mayor and Council to set additional fees annually.
(c) 
§ 64-2C(1)(i) is amended to make the fee for sign permits $1 for each square foot of surface (on both sides), and to reduce the minimum fee from $25 to $10.
(d) 
§ 64-2D(1) is amended to require site plan to show access to the site over a fully improved and accepted lot and to require floor levels, instead of flood levels, of structures to be erected to be shown on the site plan.
(e) 
§ 64-2D(2) is amended to require adequate provisions for grading so as to avoid drainage problems on other lots in the overall area of the affected property as well as the property itself.
(f) 
§ 64-6 is amended to delete the permit and surety bond requirements for foundations and substitute foundation layer requirements, sump pump pit installation requirements and wiring and discharge piping for same in locations deemed liable to suffer water seepage into the basement.
(19) 
In Chapter 66, Car Lots, Used:
(a) 
§ 66-1, the definition of "used motor vehicle" is amended to include vehicles from or to which parts are transferred from another vehicle.
(b) 
§ 66-3B, is amended to delete the word "and" between the words "borough" and "if such is the case."
(c) 
§ 66-11 is amended to increase the maximum fine from $200 to $500 and the maximum imprisonment from 30 to 90 days.
(20) 
In Chapter 69, Dogs:
(a) 
In § 69-1, the definition of "dog of licensing age" is amended to delete the words "or possesses a set of permanent teeth."
(b) 
§ 69-24 is amended to change the word "Magistrate" to "Judge" in five places.
(c) 
§ 69-25 is amended to raise the maximum fine in both Subsections A and B from $50 to $500.
(21) 
In Chapter 73, Fire Prevention:
(a) 
§ 73-1 is amended to adopt the 1970 Edition of the American Insurance Association Fire Prevention Code in place of the 1965 Edition as revised in 1966.
(b) 
§ 73-5B is amended to change reference for limits in which new bulk plants for flammable or combustible liquids are prohibited from Section 16.51 to Section 16.61 of the Fire Prevention Code.
(c) 
§ 73-10A is amended to increase the maximum fine from $200 to $500.
(22) 
In Chapter 82, Noise, § 82-5 is amended to increase the maximum fine from $200 to $500.
(23) 
In Chapter 87, Peddlers and Solicitors:
(a) 
In Article I, Ordinary Peddlers and Solicitors, § 87-11 is amended to increase the maximum fine from $200 to $500.
(b) 
In Article II, Ice Cream Vendors:
[1] 
§ 87-13 is amended to require permits and to raise the annual permit fee from $35 to $50.
[2] 
§ 87-14C is amended to require proof of having a food handler's certificate rather than the actual certificate.
[3] 
§ 87-14E is amended to require proof of having sufficient automobile liability insurance in place of "display and have" insurance.
(24) 
In Chapter 91, Sewerage:
(a) 
§ 91-6 is amended to require every building in a sewer district to be connected to a public sewer.
(b) 
§ 91-8A is amended to delete transite pipe and substitute vitrified clay pipe as one class of permitted pipe for house sewers.
(c) 
§ 91-8B is amended to require that joints for vitrified clay pipe conform to ASTM Designation C425, Type III, and detailing said requirement.
(d) 
§ 91-39 is amended to increase the maximum fine from $200 to $500.
(25) 
In Chapter 94, Soil Removal:
(a) 
§ 94-5A(9) is amended to require the governing body to consider whether or not a proposed removal is necessary and incidental to the development of the property for its permitted use rather than its intended use.
(b) 
§ 94-7C is amended to require submission to the Borough Clerk on a daily basis a signed copy of the delivery receipt for each truckload of material removed.
(c) 
§ 94-12 is amended to set forth detailed conditions for permits, including grading, replacement and landscaping requirements, provisions for default of permits, designation of the Borough Engineer as enforcing officer, requirement that streets be kept free of dirt resulting from the removal operation and prohibiting the removal of the top layer of arable soil for a depth of six inches.
(d) 
§ 94-15 is amended to increase the maximum fine for violations from $200 to $500.
(26) 
In Chapter 96, Streets and Sidewalks:
(a) 
In Article I, Street and Sidewalk Specifications:
[1] 
§ 96-1 is amended to substitute a revised list of definitions.
[2] 
§ 96-2 is amended to revise street, layout specifications generally.
[3] 
§ 96-2A is further amended to increase the minimum right-of-way widths for collector streets from 50 feet to 60 feet.
[4] 
§ 96-2E is further amended to add construction specifications for streets having a right-of-way width of 60 feet.
[5] 
§ 96-3A(3)(b) is amended to permit rolling of macadam foundation courses in streets to a minimum thickness of four inches or as specified.
[6] 
§ 96-3B(3)(h) is amended to increase the minimum final compacted thickness of the bituminous concrete binder course on streets from 1 1/2 or two inches to two or three inches, as specified in the state minimum standards of roadway construction.
[7] 
§ 96-6 is amended to revise minimum dimensions of curbs.
[8] 
§ 96-9 is amended to increase the maximum fine from $200 to $500.
(b) 
In Article II, Street and Sidewalk Excavations:
[1] 
§ 96-14F is amended to provide that security deposits be conditioned upon repair of sidewalks as well as streets excavated.
[2] 
§ 96-18 is amended to require that excavated sidewalks be replaced to the original width with concrete according to specifications set forth in § 96-7.
[3] 
§ 96-25 is amended to increase the maximum fine from $200 to $500.
(c) 
In Article Ill, Street and Sidewalk Regulations, § 96-35 is amended to increase the maximum fine from $200 to $500 and to change the word "magistrate(s)" to "Municipal Judge(s)" in two places.
(d) 
In Article IV, Removal of Snow and Weeds from Sidewalks, § 96-36 is amended to increase the time limit for removal of ice and snow from 12 hours to 24 hours.
(27) 
In Chapter 98, Subdivision of Land:
(a) 
§ 98-5B is amended to add a minimum fee of $75 for submission of sketch plats.
(b) 
§ 98-6A is amended to increase the number of black-on-white prints of the preliminary plat required to be submitted from eight to 12, and to delete the additional fee of $25 for a minor subdivision preliminary plat submission.
(c) 
§ 98-7A is amended to require the execution of a Developer's Agreement between the borough and the owner or subdivider, detailing all public improvements to be made, and secured by a cash performance bond of 25% of the cost of construction of the improvements and a surety bond for the remainder, and requiring in addition payment of an administration fee of 7 1/2% of the estimated cost of construction.
(d) 
§ 98-8A is amended to require that 12 copies of the final plat be submitted.
(e) 
§ 98-11B is amended to require square foot area of all lots to appear on final plats.
(f) 
§ 98-17D(1), (2) and (3) are amended to refer to the current Streets and Sidewalks Ordinance.
(g) 
§ 98-17D(1) is further amended to increase the right-of-way width for collector streets from 50 feet to 60 feet.
(h) 
§ 98-24A is amended to increase the maximum fine from $200 to $500.
(28) 
Chapter 101, Taxicabs, is amended in its entirety (except that fees for licenses and number of licenses are not changed in amount).
(29) 
In Chapter 103, Telephone Communication, Direct:
(a) 
§ 103-1 is amended to add the words "operating an establishment which is" to the description of persons and corporations required to maintain communications.
(b) 
§ 103-5 is amended to substitute the words "Municipal Judge" for the word "Magistrate."
(30) 
In Chapter 111, Water use, § 111-33 is amended to increase the maximum fine from $100 to $500 and the maximum imprisonment from 60 to 90 days.
(31) 
Chapter 114, Zoning, is amended in its entirety and readopted including the "Zoning Map of the Borough of Wanaque" which accompanies the text.
C. 
Additions.
(1) 
In Chapter 3, Assessors, Board of Tax, a new § 3-7, Supplying of information to applicants for zoning variances, is added.
(2) 
New Chapter 5, Civil Defense Agency, is added.
(3) 
New Chapter 29, Personnel Regulations, is added.
(4) 
In Chapter 38, Records, Fees for Certification of Public:
(a) 
A new § 38-1D is added, establishing a charge of $40 for a loose-leaf volume of the Code of the Borough of Wanaque, with separate copies of all supplements for that volume.
(b) 
A new § 38-1E is added, establishing a charge of $50 for a loose-leaf volume of the Code of the Borough of Wanaque, with the supplemental pages inserted in their proper places and the volume compared with the official copy and certified.
(c) 
A new § 38-1F is added, establishing a charge of $20 per year for a copy of the supplements to the Code of the Borough of Wanaque.
(5) 
New Chapter 51, Assemblies, Mass, is added.
(6) 
New 62, Buildings, Moving of, is added.
(7) 
In Chapter 64, Building Specifications:
(a) 
A new § 64-2E is added, requiring that all driveways (for new buildings) have a hard-surface pavement of either an asphalt concrete surface or a poured concrete surface.
(b) 
A new § 64-9 is added, listing improvements required before a certificate of occupancy is issued, and providing for waivers.
(8) 
In Chapter 66, Car Lots, Used, new Subsections H, requiring vehicles to be capable of being put in an operable condition within 24 hours, and I, prohibiting licensees, except in connection with garages and similar facilities in enclosed buildings, from conducting automobile repair or parts supply businesses, are added to § 66-6.
(9) 
A new Chapter 71, Dwellings Unfit for Human Habitation, is added.
(10) 
A new Chapter 75, Housing Inspections, is added.
(11) 
A new Chapter 78, Library, Municipal, is added.
(12) 
In Chapter 85, Peace and Good Order, a new § 85-4, Violations and penalties, is added.
(13) 
In Chapter 87, Peddlers and Solicitors, Article II, Ice Cream Vendors, a new § 87-18, Violations and penalties, is added.
(14) 
A new Chapter 92, Shade Trees, is added.
(15) 
A new Chapter 93, Soil Erosion and Sediment Control, is added.
(16) 
In Chapter 94, Soil Removal:
(a) 
A new § 94-4A(8) is added, requiring applicants for permits to disclose the name and address of the person having direct charge or supervision over the soil removal operation.
(b) 
New § 94-5A(9), (10), (11) and (12) are added, requiring the governing body, in considering permit applications, to evaluate the effect of the proposed soil removal operation upon the possible creation of nuisances, development of adjacent properties and neighborhoods, existing watercourses and creation of sharp declivities, pits or depressions.
(17) 
In Chapter 96, Streets and Sidewalks:
(a) 
A new § 96-3, Street construction specifications, is added.
(b) 
A new § 96-4, Maintenance of uncompleted streets; stormwater drainage design standards, is added.
(c) 
A new § 96-14A(4) is added, adding an excavation permit application fee of $1.25 per square yard of surface for a concrete, bituminous concrete or slate slab sidewalk.
(18) 
In Chapter 98, Subdivision of Land:
(a) 
A new § 98-10J is added, requiring submission of plans and specifications for soil erosion and sediment control on the preliminary plat.
(b) 
A new § 98-11O is added, requiring a master lot grading plan on the final plat and detailing same.
(c) 
A new § 98-12C is added, setting forth street cleanliness requirements and general cleanup of site requirements for subdividers.
(19) 
A new Chapter 99, Swimming Pools, is added.
(20) 
A new Chapter 106, Vehicles, Abandoned, is added.
(21) 
A new Chapter 108, Vehicles and traffic, is added.
[Adopted 10-12-1971; readopted 12-11-1973]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Wanaque of a general and permanent nature, adopted by the Board of Health of the Borough of Wanaque as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 117 through 139, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Wanaque, County of Passaic, New Jersey."
This ordinance shall supersede all other general and permanent ordinances passed by the Board of Health of the Borough of Wanaque prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force and effect as shall hereafter be set forth by reference.
All revisions of the Code of the Borough of Wanaque, County of Passaic, New Jersey, shall be in full force and effect on and after the effective date of this ordinance.
All ordinances of a general and permanent nature, adopted by the Board of Health of the Borough of Wanaque and in force on the date of the adoption of this ordinance, and not contained in the Code of the Borough of Wanaque, County of Passaic, New Jersey, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.
The repeal provided for in § 1-21 of this ordinance shall not affect:
A. 
Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance.
B. 
Any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance.
C. 
Any provision of an ordinance or resolution of the Board of Health of the Borough of Wanaque creating employments, positions or offices and fixing duties therefor which are not provided in the Code hereby adopted and which are not in conflict or inconsistent therewith.
D. 
Any ordinances of the Borough of Wanaque adopted subsequent to September 14, 1971.
In compiling and preparing the ordinances of the Borough of Wanaque for adoption and revision as part of the Code of the Borough of Wanaque, County of Passaic, New Jersey, pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made for one or more of said ordinances. It is the intention of the Board of Health of the Borough of Wanaque that all such changes be adopted as part of the Code of the Borough of Wanaque, County of Passaic, New Jersey, as if the ordinances so changed had been previously formally amended to read as such.
A copy of the Code of the Borough of Wanaque, County of Passaic, New Jersey, in loose-leaf form, has been filed in the office of the Borough Clerk of the Borough of Wanaque and shall remain there for the use and examination of 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 Secretary of the Board of Health of the Borough of Wanaque by impressing thereon the seal of the Borough of Wanaque, as provided by law and such certified copy shall remain on file in the office of the Secretary of the Board of Health of the Borough of Wanaque to be made available to persons desiring to examine the same during all times while the said Code is in effect.
Any and all additions, amendments or supplements to the Code of the Borough of Wanaque, County of Passaic, New Jersey, when passed and adopted in such form as to indicate the intention of the Board of Health to be a part thereof, shall be deemed to be incorporated into such Code, so that reference to the "Code of the Borough of Wanaque, County of Passaic, New Jersey," shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code of the Borough of Wanaque, County of Passaic, New Jersey, shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and supplements thereto.
It shall be the duty of the Secretary of the Borough Board of Health, or someone authorized and directed by the Secretary of the Borough Board of Health, to keep up-to-date the certified copy of the book containing the Code of the Borough of Wanaque, County of Passaic, New Jersey, required to be filed in the office of the Secretary of the Borough Board of Health for the use of the public. All changes in said Code and all ordinances adopted by the Board of Health subsequent to the effective date of this codification which the Borough of Wanaque shall adopt 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.
The Secretary of the Board of Health of the Borough of Wanaque, pursuant to law, shall cause to be published, in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the Borough of Wanaque. Sufficient copies of the Code of the Borough of Wanaque, County of Passaic, New Jersey, shall be maintained in the office of the Borough Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.
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 part thereof, to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.
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 section or part thereof.
Any person, firm or corporation convicted of violating any provision of this ordinance shall be subject to a fine of not less than $5 nor more than $500 for each violation, as provided by law.
This ordinance shall take effect immediately after final approval and publication, according to law.
The following deletions, amendments and additions to the Board of Health ordinances of the Borough of Wanaque have been made in the Code of the Borough of Wanaque, County of Passaic, New Jersey, and these deletions, amendments and additions are to be given full force and effect by this adoption of the Code.
A. 
Deletions.
(1) 
All severability, effective date and repeal of conflicting ordinance sections in all chapters (covered by blanket provisions in §§ 1-20, 1-28, 1-29 and 1-31 of this article).
B. 
Amendments.
(1) 
In Chapter 120, Garbage and Rubbish:
(a) 
§ 120-4A is amended to add plastic pails as an acceptable type of garbage receptacle.
(b) 
§ 120-8 is amended to revise the penalty to a fine of not more than $500 nor less than $5 and to delete alternative imprisonment.
(2) 
In Chapter 128, Plumbing:
(a) 
§ 128-1 is amended in full to read as follows: "Certain documents, three copies of which are filed in the office of the Secretary of the Board of Health of the Borough of Wanaque, marked and designated as Part E of the Standard Building Code of New Jersey, adopted and approved by the State Department of Health November 16, 1964, pursuant to the Laws of New Jersey, Chapter 275, P.L. 1948 (N.J.S.A. 26:3-31.1 to 31-3), and including all amendments duly promulgated to date by the State Department of Health, and specifically including certain amendments to Section 3.4, E-400, E-500, E-600, E-900, E-1000 and E-1100, duly promulgated by the Commissioners of the Departments of Community Affairs and , Health on September 29, 1971, substantially as proposed in the notice published September 9, 1971, at 3 New Jersey Register 175(d), said amendments promulgated September 29, 1971, permitting and regulating in detail the use of polyvinyl chloride (PVC) and acrylonitrile-butadiene-styrene (ABS) plastic drain, waste and vent pipe and fittings, and prohibiting the use of wrought-iron pipe, be and the same is hereby adopted as the Plumbing Code of the Borough of Wanaque, State of New Jersey, regulating the installation, construction, enlargement, equipment, repair, removal, demolition, conversion and use of plumbing in all buildings and structures of the State of New Jersey, providing penalties, conditions and terms prepared pursuant to the Laws of the State of New Jersey, Chapter 275, P.L. 1948, three copies of which are on file in the office of the Secretary of the Board of Health of the Borough of Wanaque, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter.
(b) 
§ 128-4 is amended to revise the penalty to a fine of not more than $500 nor less than $5 and to delete alternative imprisonment.
(c) 
§ 128-6 is amended to add a provision exempting persons, firms or corporations licensed in accordance with the State Plumbing License Law of 1968 (N.J.S.A. 45:14C) from the requirement to obtain a license.
(3) 
In Chapter 130, Retail Food Handling:
(a) 
§§ 130-2 and 130-3 are amended to adopt the Retail Food Handling Establishment Code of New Jersey (1965) in place of the Retail Food Handling Establishment Code of New Jersey (1952).
(b) 
§ 130-4D is amended to increase the annual license fee for persons conducting itinerant retail food handling establishments from $10 to $20.
(c) 
§ 130-5 is amended to increase the minimum fine from $2 to $5 and the maximum fine from $100 to $500.
(4) 
In Chapter 133, Sanitation Standards:
(a) 
§ 133-28 is amended to change the penalty for holding public funerals of persons dead of certain diseases from a fine not to exceed $50 to a fine of not less than $5 nor more than $500.
(b) 
§ 133-64C is amended to change the penalty for distributing or selling milk or cream without a license from a fine not to exceed $50 to a fine of not less than $5 nor more than $500.
(c) 
§ 133-85B is amended to provide that the fee for licenses for privy vaults or other places used for the reception of human excrement shall be as provided by § 135-11 of Chapter 135, Sewage Disposal Systems, Individual, of the Code of the Borough of Wanaque, New Jersey.
(d) 
§ 133-119, requiring permits for dog kennels and setting the fee therefor, is hereby repealed (superseded by § 69-10 of the Code of the Borough of Wanaque).
(e) 
§ 133-126B is amended to change the minimum fine of $2 to $5 and the maximum fine of $200 to $500.
(5) 
In Chapter 135, Sewage Disposal Systems, Individual:
(a) 
§§ 135-2 and 135-3 are amended to adopt the Individual Sewage Disposal System Code of New Jersey (1963) in place of the Individual Sewage Disposal System Code of New Jersey (1953).
(b) 
§ 135-8 is amended to change the piping material requirements for house sewers to cast iron or vitrified clay with joints conforming to ASTM Designation C425, Type III.
(c) 
§ 135-19A is amended to increase the maximum penalty from a fine of $100 to a fine of $500, and to change the reference from the Individual Sewage Disposal System Code of New Jersey (1953) to the Individual Sewage Disposal System Code of New Jersey (1963).
C. 
Additions.
(1) 
A new Chapter 117, Dry-cleaning Establishments, is added, adopting the provisions of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962) and providing for the enforcement thereof.
(2) 
A new Chapter 119, Food and Beverage Vending Machines, is added, providing for the licensing of such machines at an annual permit fee of $25 per business and annual license fees of $5 per machine and $10 per vehicle used, as Article I of said chapter, and adopting the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), and providing for the enforcement thereof, as Article II of said chapter.
(3) 
A new Chapter 123, Housing Standards, is added, adopting the provisions of the State Housing Code of New Jersey (1962), and providing for the enforcement thereof.
(4) 
A new Chapter 125, Littering, is added, prohibiting various types of littering and providing for the enforcement thereof.
(5) 
A new Chapter 127, Nuisances, Health, is added, adopting the provisions of an act to regulate nuisances affecting health, being N.J.S.A. 26:3B-1 to 17, inclusive, and providing for the enforcement thereof, as Article I of said chapter, and adopting the provisions of the Public Health Nuisance Code of New Jersey (1953), and providing for the enforcement thereof, as Article II of said chapter.
(6) 
In Chapter 130, Retail Food Handling, a new Subsection G, prohibiting itinerant retail food handlers from conducting business within 200 feet of any established retail food handling premises, is added to § 130-4.
(7) 
A new Chapter 132, Sanitary Regulations is added, adopting the provisions of the New Jersey State Sanitary Code, and providing for the enforcement thereof.
(8) 
A new Chapter 136, Solid Waste, is added, adopting the provisions of the Solid Waste Code of New Jersey (1959), and providing for the enforcement thereof.
(9) 
A new Chapter 137, Swimming Pools, Public, is added, adopting the provisions of the Swimming Pool Code of New Jersey (1970), and providing for the enforcement thereof.
(10) 
A new Chapter 138, Water Supplies, Individual and Semipublic, is added, adopting the provisions of the Individual and Semipublic Water Supply Code of New Jersey (1966), and providing for the enforcement thereof.
(11) 
A new Chapter 139, Weed Control, is added, adopting the provisions of the Weed Control Code of New Jersey (1953), and providing for the enforcement thereof.