[HISTORY: Adopted by the Township Committee of the Township
of Mendham as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-12-2014 by Ord. No. 6-2014]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Mendham of a general and permanent nature adopted by the Township Committee of the Township of Mendham, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 332, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mendham," hereinafter known and referred to as the "Code."
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.
This ordinance shall take effect immediately upon passage and
publication according to law.
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 Mendham 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.
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 Mendham" 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.
The Clerk of the Township of Mendham, 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.
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.
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 authorized by the Township. The Clerk shall also
arrange for procedures for the periodic supplementation of the Code.
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 Mendham 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.
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.
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.
A.
Except as provided in § 1-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Mendham which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 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 10-29-2013.
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.
All Land Use ordinances:
(1)
Chapter XI, Title, Purpose and Scope.
(2)
Chapter XII, Definitions.
(3)
Chapter XIII, Land Use Procedures and Fees.
(4)
Chapter XIV, Planning Board.
(5)
Chapter XV, Zoning Board of Adjustment.
(6)
Chapter XVI, Subdivision and Site Plan Review.
(7)
Chapter XVII, Environmental Impact Study.
(8)
Chapter XVIII, Flood Hazard Area Regulations.
(9)
Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention.
(10)
Chapter XX, Land Disturbance.
(11)
Chapter XXI, Zoning Regulations.
(12)
Chapter XXII, Land Use Ordinance Enforcement, Violations, Penalties,
Separability of Provisions and Effective Date.
(13)
Chapter XXIII, Tree Preservation and Landscape Regulations.
(14)
Chapter XXIV(A), Environmental Permit.
(15)
Chapter XXIV(B), Stormwater Management.
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 Committee 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 attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance.[1] (Chapter and section number references are to the ordinances
as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 5-12-2014 by Ord. No. 6-2014." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Adopted as Secs. 1-2, 1-3 and 1-5 of the 1998 Revised General
Ordinances]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the following terms shall
have the meaning indicated:
The Municipal Clerk duly appointed by law.
Calendar days.
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 such organizational unit by the Township Committee.
Licensed in accordance with the appropriate section or chapter
of this Code.
A calendar month unless otherwise specifically provided.
Shall be construed as if the words "of the Township of Mendham"
followed it.
Any act of local legislation heretofore or hereafter adopted,
and including this Code, so long as it is adopted by the procedure
required for the adoption of an ordinance and so long as it remains
in force and effect pursuant to law.
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups; or any officers, agents, employees, servants,
factors of any kind or personal representatives of any kind thereof
in any capacity, acting for himself or for any other person, under
either personal appointment or pursuant to law.
Next before and next after, respectively.
Any real property in or upon which members of the general
public as pedestrians, patrons, travelers, or otherwise are entitled,
regularly permitted, or invited to go.
Any plot, parcel, or tracts of land situated wholly or partially
in the Township of Mendham, whether publicly or privately owned, and
shall include any building, dwelling, or other structure situated
upon the land, as well as any material product or feature or phenomenon
of the land which may occur or exist thereon.
A committee of the Township Committee appointed by the Mayor
with advice and consent of the Committee, consisting of at least a
Chairman and not more than two additional members whose jurisdiction
is limited to a department of the Township government.
Includes an 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. "Street" shall be considered to include a sidewalk or footpath,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
Applied to a building or land, shall include any person who
occupies the whole or part of such building or land, whether alone
or with others.
The Township of Mendham in the County of Morris and State
of New Jersey.
The governing body of the Township.
Seven days.
A calendar year unless otherwise specifically provided.
For the purpose of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
A.
The present tense includes the past and future tenses and the future,
the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural and the plural, the singular.
D.
"Shall" is mandatory and "may" is permissive.
E.
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 office of the Township are
closed, that day shall be excluded.
F.
"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.
G.
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.
H.
Any citation of a statute, law or ordinance contained in this Code
shall be deemed to refer to such statute, law or ordinance as amended,
whether or not such designation is included in the citation.
A.
Maximum penalty. For violation of any provision of the Code or other
ordinance of the Township of Mendham, unless a specific penalty is
otherwise provided in connection with the provision violated, the
maximum penalty upon conviction of the violation shall be 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[1] or by a fine not exceeding $2,000; or by a period of community
service not exceeding 90 days, pursuant to N.J.S.A. 40:49-5.
[Amended 7-12-2010 by Ord. No. 9-2010]
[1]
Editor's Note: Penalty provision taken from N.J.S.A.
40:49-5.
B.
Minimum penalty. The Township Committee may prescribe that for the
violation of any particular provision of the Code or of any particular
ordinance at least a minimum penalty shall be imposed which shall
consist of a fine which may be fixed at an amount not exceeding $100.
The court before which any person is convicted of violating any ordinance
or Code provision shall have power to impose any fine, term of punishment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in the Code or such ordinance.
C.
Additional fine for repeat offenders.
(1)
Any person who is convicted of violating this Code or an ordinance
within one year of the date of a previous violation of the same provision
of this Code or of the same ordinance and who was fined for the previous
violation, shall be sentenced by a court to an additional fine as
a repeat offender. The additional fine imposed by the court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of the ordinance or
Code provision, but shall be calculated separately from the fine imposed
for the violation of the ordinance or Code provision.
(2)
If the Township Committee chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance,
the Committee may waive the additional fine by ordinance or resolution.
D.
Default of payment of fine. Any person convicted of the violation
of any provision of this Code or any ordinance may, in the discretion
of the court by which he was convicted, and in default of the payment
of any fine imposed therefor, be imprisoned in the County jail or
place of detention provided by the Township for any term not exceeding
90 days, or be required to perform community service for a period
not exceeding 90 days.
[Added 4-12-1999 by Ord. No. 7-1999]
E.
Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this Code or any other
ordinance of the Township exists shall constitute a separate violation.
[Added 4-12-1999 by Ord. No. 7-1999]
F.
Application. The maximum penalty stated in this section is not intended
to state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[Added 4-12-1999 by Ord. No. 7-1999]
