[HISTORY: Adopted by the Township Committee of the Township of New Hanover as indicated in article histories. Amendments noted where applicable.]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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:
CLERK or TOWNSHIP CLERK
The Municipal Clerk duly appointed pursuant to law.
DEPARTMENT
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 Committee.
LICENSED
Licensed in accordance with the appropriate section or chapter of this Code.
MONTH
A calendar month, unless otherwise specifically provided.
ORDINANCE
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.
PERSON
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.
STREET
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.
TOWNSHIP
The Township of New Hanover in the County of Burlington and State of New Jersey.
TOWNSHIP COMMITTEE or COMMITTEE
The Mayor and Committee of the Township.
YEAR
A calendar year, unless otherwise specifically provided.
[Amended 10-14-2025 by Ord. No. 2025-04]
A. 
Except where another penalty is prescribed, any person violating any provision of this Code shall, upon conviction thereof, be subject to one or more of the following, in the discretion of the court before which such conviction shall be had: a fine not exceeding $2,000, imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days. Except as otherwise provided, each and every day in which a violation of each and any provision of this Code exists shall constitute a separate violation.
B. 
Where a fine in excess of $1,250 is sought to be imposed for a housing violation or for a zoning violation, the applicable owner and/or operator shall be provided a 30-day period to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-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.
[Adopted 12-12-2023 by Ord. No. 2023-22]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of New Hanover of a general and permanent nature adopted by the Township Committee of the Township of New Hanover, as revised and codified and consisting of Chapters 1 through 193, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Township of New Hanover, 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 1992 Code of the Township of New Hanover, 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 New Hanover 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 New Hanover" shall be understood and intended to include such additions and amendments.
The Clerk of the Township of New Hanover 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 § 1-4 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 New Hanover 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) 
Ordinance No. 2004-02, Uniform Construction Codes Amendment, adopted April 12, 2004.
(2) 
Ordinance No. 2011-04, Uniform Construction Codes Amendment, adopted June 14, 2011.
(3) 
Ordinance No. 2014-01, Uniform Construction Codes Amendment, adopted May 14, 2014.
(4) 
Ordinance No. 2018-02, Uniform Construction Codes Amendment, adopted April 10, 2018.
The adoption of this Code and the repeal of ordinances provided for in § 1-7 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 April 16, 2023.
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. 
Chapter 114, Land Development, of the 1992 Code.
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 § 1-9B, 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) 12-12-2023 by Ord. No. 2023-22." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C. 
Nomenclature changes. Throughout the Code, the following titles have been updated as follows:
(1) 
"Building Inspector" is changed to "Construction Official."
(2) 
"County Board of Chosen Freeholders" is changed to "Board of County Commissioners."
(3) 
"Chairman" is changed to "Chairperson."
(4) 
"Construction Code Official" is changed to "Construction Official."
(5) 
"Deputy Chief of Police" is changed to "Chief of Police."
(6) 
"Division of Solid Waste Management" and "Department of Solid Waste Management" are changed to "Department of Solid Waste."
(7) 
"Federal Insurance Administration" is changed to the "Federal Insurance and Mitigation Administration."
(8) 
"Treasurer" is changed to "Chief Financial Officer."
(9) 
"Vice Chairman" is changed to "Vice Chairperson."
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 New Hanover 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.