[Adopted 7-14-2020 by Ord. No. 08-20]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Denville of a general and permanent nature adopted by the Township Council of the Township of Denville, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
600, together with Appendixes, are hereby approved, adopted, ordained and enacted as the "Revised General Ordinances of the Township of Denville," hereinafter known and referred to as "this Code."
This ordinance and this 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 this 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 Denville 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 this 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 Denville" shall be understood and intended to include
such additions and amendments. Whenever such additions, amendments
or supplements to this 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 Denville, 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 this 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 this Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication
of all provisions of this 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 this 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 this 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 this 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 this Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of this Code or to
alter or tamper with such Code in any manner whatsoever which will
cause the law of the Township of Denville 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 $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.
Each section of this 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. 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 this Code are hereby repealed as of the effective
date of this Adopting Ordinance, except as hereinafter provided.
B. Repeal of specific ordinances. The Township Council of the Township
of Denville has determined that the following ordinances are no longer
in effect and hereby specifically repeals the following legislation:
(1) Code Adoption Ordinance, adopted May 16, 1978;
(2) The Land Use Codification Ordinance, Ord. No. 10-90.
The adoption of this Code and the repeal of ordinances provided for in §
1-20 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 September 3, 2017.
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 compiling and preparing the ordinances for adoption and revision
as part of this 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 this 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. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in this Code.)
C. Nomenclature.
(1) Throughout the Revised General Ordinances of the Township of Denville,
the term "handicapped person" is revised to "person with a disability."
(2) Within Chapter
149, Buildings, Moving of; Chapter
155, Buildings, Unfit; Chapter
163, Carnivals, Shows and Circuses; and Chapter
419, Rooming Houses and Boardinghouses, the term "Building Inspector'' is revised to "Construction Official."
(3) Within Chapter
195, Construction Codes, Uniform, the term "Building Code" is revised to "Division of Construction Code Enforcement and Zoning in the Department of Community Development."
(4) Within Chapter
277, Food, the term "Division of Health" is revised to "Department of Health and Social Services."
(5) Within Chapter
507, Swimming Pools, the term ''Township Health Department" is revised to "Township Department of Health and Social Services."
(6) Within Chapter
600, Land Use, the term "Township Board of Health" is revised to "Township Department of Health and Social Services."