Township of Mount Olive, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Mayor and Council of the Township of Mount Olive as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code by Township Council

[Adopted 9-25-1990 by Ord. No. 40-90 (Ch. 1, Art. I, of the 1990 Code)]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Mount Olive of a general and permanent nature adopted by the Township Council of the Township of Mount Olive, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 273, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mount Olive," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

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 Mount Olive 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.

§ 1-5 Amendments to Code.

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 Mount Olive" 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.

§ 1-6 Publication; filing.

The Clerk of the Township of Mount Olive, 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 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.

§ 1-7 Code book to be kept up-to-date.

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 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.

§ 1-8 Sale of Code book.

Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by resolution of the Township Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Mount Olive to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing the same.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repealer.

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 the Code are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.

§ 1-13 Ordinances saved from repeal.

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 May 15, 1990.

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 or obligation.

I. The levy or imposition of taxes, assessments or charges.

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 regulating vehicles and traffic in the Township.

M. Any ordinance relating to land use and development, including but not limited to the following topics: Land Use Procedures; Zoning Board of Adjustment; Planning Board; Building Construction; Fences, Walls and Swimming Pool Enclosures; Fire Hydrants; Fire Lanes, Flood Damage Prevention; Floodplain Construction; Parking and Accessory Areas; Quarrying; Signs; Soil Erosion and Sediment Control; Soil Removal; Street Specifications; Subdivision of Land; Surface Water Management; Trailers; Tree Removal; and Zoning.

§ 1-14 Changes in previously adopted ordinances.

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 Council 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 following changes, amendments or revisions 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]

[1] Editor's Note: In accordance with § 1-14B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by the following history: [Amended (added, deleted) 9-25-1990 by Ord. No. 40-90]. Schedule A, which contains a complete description of all changes, is on file in the Township offices.

C. Penalties. The following penalty sections are hereby either added or amended to read as follows: "Any person, firm or corporation who violates any provision of this chapter (or Article) shall, upon conviction thereof, be punishable by one or more of the following: by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days."[2]

[2] Editor's Note: In accordance with § 1-14C, the penalty sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by the following history: [Amended (added, deleted) 9-25-1990 by Ord. No. 40-90]. Schedule A, which contains a complete description of all changes, is on file in the Township offices.

D. Nomenclature. The following terms are hereby changed throughout the Code:

(1) The term "Department of Engineering and Water and Sewer Utility" is hereby changed to read "Department of Engineering and Public Works."

(2) The term "Department of Buildings, Grounds and Recreation" is hereby changed to read "Department of Buildings, Grounds, Parks and Recreation."

(3) The term "Department of Budget and Finance" is hereby changed to read "Department of Budget and Financial Operations."

(4) The terms "Department of Health, Sanitation and Welfare" and "Health Department" are hereby changed to read "Department of Health, Welfare and Sanitation."

(5) The term "Environmental Committee" is hereby changed to read "Environmental Commission."

(6) The term "Township Committee" is hereby changed to read "Township Council."

(7) The term "Dog Warden" is hereby changed to read "Animal Control Officer."

Article II Adoption of Renumbered Code

[Adopted 9-22-2015 by Ord. No. 20-2015]

§ 1-15 Approval, adoption and enactment of Code.

The ordinances of the Township of Mount Olive of a general and permanent nature adopted by the Mayor and Council of the Township of Mount Olive, as revised, codified and consolidated into chapters and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters 1 through 393 and Chapters 535 through 550, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mount Olive," hereafter referred to as the "Code."

§ 1-16 Changes in previously adopted ordinances.

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 Township Council 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 following changes, amendments or revisions 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) Section 5-65A is amended to delete the phrase "as adopted in Chapter 85 of the Code of Mount Olive Township."

(2) In § 169-1, the definitions of "potentially dangerous dog" and "vicious dog" are amended to delete the following phrase therefrom: "by the panel created pursuant to § 106-11.1 of this Code."

(3) Section 375-4 is amended to delete the phrase "or as outlined in § 176-13."

(4) Original § 550-101G(1)(c), regarding planned adult communities, is repealed.

§ 1-17 Updated nomenclature pursuant to statute.

Throughout the Code, the following terms are revised as indicated in conformity with statutory revisions:

A. Any reference to the United States Department of Agriculture's "Soil Conservation Service (SCS)" is amended to read "Natural Resources Conservation Service (NRCS)."

§ 1-18 Continuation of provisions.

A. The provisions of this Code, insofar as they are substantively the same as those of ordinances and the Township Code in force immediately prior to the enactment of this Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Mayor and Council of the Township, and it is the intention of said Mayor and Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.

B. For purposes of transition from the 1990 Code to this Code, any reference to a chapter or section number from the 1990 Code on or in any form, license, permit, ticket or other Township document shall be deemed to refer to the corresponding chapter or section in this Code until such form, license, permit, ticket or other Township document is revised or reprinted to refer to the numbering in this Code.

§ 1-19 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.