[Amended 6-15-2022 by Ord. No. 5-2022]
This Code shall be known and may be cited as the "Code of the Township of Fairfield, New Jersey," and is herein referred to as the "Code."
[HISTORY: Adopted by the Township Committee of the Township of Fairfield as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. I and § 3-1 of the 1980 Code]
[Amended 6-15-2022 by Ord. No. 5-2022]
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 meanings indicated:
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the Township.
Licensed in accordance with the appropriate section or chapter of this Code.
A calendar month unless otherwise specifically provided.
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 or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
Includes 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.
The Township of Fairfield in the County of Cumberland and State of New Jersey.
The Mayor and Committee of the Township.
A calendar year unless otherwise specifically provided.
[Amended 6-15-2022 by Ord. No. 5-2022]
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 offices 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.
[Amended 6-15-2022 by Ord. No. 5-2022]
If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.
A.
Maximum penalty. For violation of any provision of this Code or any other ordinance of the Township where no specific penalty is provided regarding the section violated, the maximum penalty, upon conviction, shall be one or more of the following: a fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days (N.J.S.A. 40:49-5). Nothing herein shall prohibit the Municipal Court or Township enforcement officials from providing an opportunity to cure or abate violations where appropriate and nothing herein shall mandate that the maximum available fine be assessed.
[Amended 4-20-2016 by Ord. No. 8-2016; 6-15-2022 by Ord. No. 5-2022]
B.
Separate violations. Except as otherwise provided, 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.
[Amended 6-15-2022 by Ord. No. 5-2022]
C.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
D.
Minimum penalty. The Township Committee may prescribe that, for the violation of any particular Code provisions or 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 (N.J.S.A. 40:49-5).
E.
Violations of housing or zoning codes. In the event that a fine in an amount greater than $1,250 is to be imposed upon an owner of real property for violations of housing or zoning codes of the Township, then and in that event a thirty-day grace period shall be provided to said owner in order to cure or abate the violative condition, and said owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added 6-15-2022 by Ord. No. 5-2022]
[Adopted 6-15-2022 by Ord. No. 5-2022[1]]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Fairfield of a general and permanent nature adopted by the Township Committee of the Township of Fairfield, as revised and codified and consisting of Chapters 1 through 450, together with two Appendices, are hereby approved, adopted, ordained and enacted as the Code of the Township of Fairfield, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the Revised General Ordinances of the Township of Fairfield adopted October 28, 1980, as amended and supplemented.
A.
A copy of the Code 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. Following adoption of this ordinance, such copy shall be certified to by the Clerk of the Township of Fairfield 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 Township Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B.
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Township Committee 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 Fairfield" shall be understood and intended to include such additions and amendments.
The Clerk of the Township of Fairfield shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Township Clerk as provided in § 1-7 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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 sections or parts thereof.
A.
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 Fairfield which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
The following ordinances have been excluded from the Code and are specifically repealed:
(1)
Section 2-12, Tax Exemptions for Residential Buildings, of the 1980 Revised General Ordinances.
(2)
Section 3-3, Disorderly Conduct, of the 1980 Revised General Ordinances.
(3)
Section 3-8, Loitering, of the 1980 Revised General Ordinances.
(4)
Section 4-3, Taxicabs, of the 1980 Revised General Ordinances.
(5)
Section 9-3, Removal of Dangerous Walls or Structures, of the 1980 Revised General Ordinances.
(6)
Ordinance No. 06-2013, adopted August 20, 2013, which purported to amend Chapter VIII, Streets and Sidewalks, of the 1980 Revised General Ordinances, which had been amended in its entirety by Ordinance No. 511-2003, adopted May 20, 2003.
(7)
Ordinance No. 08-2013, adopted August 20, 2013, and Ordinance No. 10-2013, adopted December 10, 2013, which purported to amend Chapter XIX, Enforcement of the Uniform Fire Code Pursuant to the Uniform Fire Safety Act, of the 1980 Revised General Ordinances, which had been replaced by Ordinance No. 01-2005, adopted April 19, 2005.
The adoption of this Code and the repeal of ordinances provided for in § 1-10 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 June 17, 2020.
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.
A.
In preparing the revision and codification of the Township's ordinances pursuant to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive 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 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[1] 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]
Editor's Note: In accordance with § 1-12B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-15-2022 by Ord. No. 5-2022." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Throughout the Code:
(1)
References to "Treasurer" are amended to "Chief Financial Officer."
(2)
References to "Chairman" are amended to "Chairperson."
(3)
References to "Planning Board," "Zoning Board," "Zoning Board of Adjustment," "Board of Adjustment" and "Land Use Board" are amended to "Planning and Zoning Board."
(4)
References to "Construction Official" and "Building Inspector" are amended to "Construction Code Official."
(5)
References to "Zoning Official" and "Flood Map Official" are amended to "Zoning Officer."
(6)
References to "registered professional engineer" are amended to "licensed professional engineer."
A.
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Township of Fairfield to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to one or more of the following penalties: a fine of not more than $2,000, 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.
This ordinance shall take effect immediately upon final passage and publication as provided by law.