,Too Preserving the Legacy of 2000-2003 Ordinances First Quarter, 2003

TOWNSHIP OF LONG HILL ORDINANCE #121-03 AN ORDINANCE ADOPTING A PROOF OF SERVICE REQUIREMENT, ESTABLISHING HOURS OF OPERATION FOR GARBAGE COLLECTION AND SUPPLEMENTING AND AMENDING CHAPTER XXI OF THE TOWNSHIP CODE ENTITLED "SOLID WASTE MANAGEMENT" WHEREAS, Township Code §3-15.6 allows solid waste collection activities to take place only between the hours of 7:00 a.m. and 8:00 p.m.; and WHEREAS, the Appellate Division of the Superior Court of New Jersey in the matter of Carmine Forgione & Sons, Inc. v. Township of Bernards, 322 N.J. Super. 448 ruled that municipalities could not adopt ordinances establishing hours for solid waste collection that were different from those set forth in the Solid Waste Collector’s Tariff approved by the Department of Environmental Protection; and WHEREAS, the legislature thereafter adopted Chapter 92 of the Laws of 2001 effective May 10, 2001 which provided that a municipal governing body that adopts a proof of service ordinance pursuant to N.J.S.A. 40:66-5.1 may adopt an ordinance limiting solid waste collection service to specified operating hours in order to preserve the peace and quiet in neighborhoods during the hours when most residents are asleep; and WHEREAS, N.J.S.A. 40:66-5.1 provides in relevant part that: “a. The governing body of any municipality wherein solid waste collection services are contracted for and provided, wholly or in part, on an individual, private contract basis shall adopt a proof of service ordinance which requires all responsible solid waste generators to contract or otherwise lawfully provide for the collection of solid waste generated at those premises in the manner provided by the ordinance....”; and WHEREAS, the Township awards a contract for the collection of residential solid waste pursuant to the Local Public Contracts Law, but nonresidential uses are required to obtain solid waste collection services on a private contract basis; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that Chapter XXI of the Township Code entitled “Solid Waste Management” is supplemented and amended as follows: Section 1. There is hereby created a new section 21-3 entitled “Proof of Service; Hours of Operation” which reads as follows: 21-3 PROOF OF SERVICE; HOURS OF OPERATION In the case of single-family residential housing, each responsible solid waste generator, in those instances where a solid waste collection system is not otherwise provided for by the Township and if he has not already done so, enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Township, except that those solid waste generators who transport solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Township for disposal shall be exempt from this requirement. In the case of multi-family residential housing, the responsible solid waste generator, in those instances where a solid waste collection system is not otherwise provided for by the Township and he has not already done so, enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Township; except that those responsible solid waste generators who transport the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Township for disposal shall be exempt from this requirement. It shall be the responsibility of the owner of the multiple dwelling building to provide a sufficient number of appropriate solid waste containers for the deposit of non-recyclable waste materials to be disposed of as solid waste. In the case of any commercial or institutional building or structure located within the boundaries of the Township, the responsible solid waste generator, in those instances where regular solid waste collections services are not otherwise provided for, shall enter into a contract with any person lawfully providing private solid waste collection services within the Township. In the case of a responsible solid waste generator, within the Township, who is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the municipality for disposal, every such responsible solid waste generator within the Township shall furnish proof that the responsible solid waste generator is transporting the solid waste which is generated at his residential premises directly to the solid waste facility utilized by the Township for disposal to the Township Committee at least once every twelve (12) months. In order to fulfill the requirements of this subsection, the responsible solid waste generator may include the proof of service with the tax payment mailed to the Township Tax Collector. In order to preserve the peace and quiet in neighborhoods during the hours when most residents are asleep, regular solid waste collection services shall be limited to the hours of 7:00 a.m. and 8:00 p.m. as set forth in subsection 3-15.6 of this Code. Section 2. There is hereby created a new section 21-4 entitled “Penalties” which reads as follows: 21-4 PENALTIES Any person who violates any provisions of this Chapter or any regulations promulgated pursuant hereunder, shall upon conviction be liable to the penalties stated in Chapter I, Section 1-5. Each and every day that such violation continues shall be considered a separate offense for each violation. Section 3. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 4. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 5. This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, January 8, 2003 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, January 22, 2003 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL ORDINANCE #122-03 AN ORDINANCE TO EXCEED INDEX RATE FOR THE YEAR 2003 WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of it annual budget, a municipality shall limit any increase in said budget to 5% or the index rate, whichever is less, over the previous year’s final appropriations, subject to certain exceptions; and WHEREAS, P.L. 1986, C. 203 amended the Local Government Cap Law, to provide that a municipality may, in any year in which the index rate is less than 5%, increase its final appropriations by a percentage rate greater than the index rate but not to exceed the 5% rate as defined in the amendatory law, when authorized by ordinance; and WHEREAS, the index rate for 2003 has been certified by the Director of the Division of Local Government Services in the Department of Community Affairs as 1.0%; and WHEREAS, the Township of Long Hill of the County of Morris in the State of New Jersey finds it advisable and necessary to increase its 2003 budget by more than 1.0% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and WHEREAS, the Township of Long Hill hereby determines that a 5% increase in the budget for said year, amounting to $408,857.40 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary. NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, Sate of New Jersey that a majority of the full authorized membership of this Governing Body shall, in accordance with this ordinance and P.L. 1986, C. 203, be increased by 5%, amounting to $408,857.40, and that the 2003 municipal budget for the Township of Long Hill be approved and adopted in accordance with this ordinance; and BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Section 1.  This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, January 22, 2003 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, February 12, 2003 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL 2003 MUNICIPAL BUDGET ORDINANCE The budget ordinance is not published on the website. Obtain a copy at Town Hall.

TOWNSHIP OF LONG HILL ORDINANCE #123-03 AN ORDINANCE ALLOWING ROOFED ENTRANCES IN FRONT YARDS IN CERTAIN INSTANCES AND SUPPLEMENTING AND AMENDING SECTION 136 OF THE TOWNSHIP LAND USE ORDINANCE ENTITLED "PERMITTED MODIFICATIONS" Introduction was deferred.  This Ordinance number is skipped.  See Ordinance 125-03 below.

TOWNSHIP OF LONG HILL ORDINANCE #124-03 AN ORDINANCE AMENDING THE SALARY ORDINANCE BY SETTING A SALARY RANGE FOR THE CODE/ZONING ENFORCEMENT OFFICER BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey as follows: Section 1. Ordinance No. 95-01 entitled “An Ordinance Supplementing and Amending Ordinance 70-00 Fixing the Salaries and Wages of Certain Officers and Employees of the Township of Long Hill, County of Morris, State of New Jersey” is supplemented and amended by adding the following new position under the heading of “Planning and Development” and setting the salary range for that position as follows: Position Title Salary Code/Zoning Enforcement Officer $21.50 - $22.50/hr Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, February 26, 2003 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, March 26, 2003 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL ORDINANCE #125-03 AN ORDINANCE ALLOWING ROOFED ENTRANCES IN FRONT YARDS IN CERTAIN INSTANCES AND SUPPLEMENTING AND AMENDING SECTION 136 OF THE TOWNSHIP LAND USE ORDINANCE ENTITLED “PERMITTED MODIFICATIONS” WHEREAS, the Township Planning Board recommended amending the Township Land Use Ordinance to allow roofed entrances over stairs or entrance ways to extend into required front yards under certain circumstances, as outlined in Planning and Zoning Administrator Dawn Wolfe’s January 8, 2003 memorandum; and WHEREAS, the Township Committee agrees with the Planning Board’s recommendation; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that §136 of the 1997 Land Use Ordinance (as supplemented and amended) entitled “Permitted Modifications” is hereby supplemented and amended as follows: Section 1.  Subsection 136.2 entitled “Yard Modifications” is supplemented and amended by adding a new subparagraph “d” which shall read as follows: d. Roofed entrances to single-family dwellings and two-family dwellings which extend into required front yards shall be permitted without variance if the following conditions are met: The area of the enclosure or roof plane is not over 50 square feet. The roofed entranceway is open on its sides and is not an enclosed vestibule or similar structure. The front of the roof setback is not less than one-half (½) of the zone requirement. The proposed modification or addition matches the existing structure in terms of color, materials and design. Only one such permitted modification shall be permitted per residence. Any additional roofed entranceways that extend into the required front yard shall require variances. No commercial buildings or multi-family residences are eligible under this section. No other bulk or use variances are created or intensified, or result from the proposed new construction. Section 2.  Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3.  In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4.  This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, March 12, 2003 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, April 9, 2003 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL ORDINANCE #126-03 AN ORDINANCE REQUIRING ABUTTING PROPERTY OWNERS TO REMOVE SNOW AND ICE FROM SIDEWALKS AND SUPPLEMENTING AND AMENDING CHAPTER XX OF THE TOWNSHIP CODE ENTITLED “STREETS AND SIDEWALKS” WHEREAS, N.J.S.A. 40:65-12 authorizes the Township Committee to make and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways to remove all snow and ice from the abutting sidewalks and gutters of such highways within twelve (12) hours of daylight after the same shall fall or be formed thereon; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that Chapter XX of the Township Code entitled “Streets and Sidewalks” is hereby supplemented and amended as follows: Section 1.  There is hereby created a new §20-3 entitled “Removal of Snow and Ice from Sidewalks” which reads as follows: 20-3  REMOVAL OF SNOW AND ICE FROM SIDEWALKS 20-3.1  Removal Required.  The owner, occupant or tenant of premises abutting or bordering on any street in the Township shall remove all snow and ice from the abutting sidewalks of such streets, or in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes, salt, sawdust or some other nonslippery or adhesive substance so as to make the same safely passable, within twelve (12) hours of daylight after the same shall fall or be formed thereon.  In addition to any other remedy provided by this section, any person who violates this section shall be subject to the penalty provided in Chapter I, Section 1-5. 20-3.2  Removal by Township.  In the event snow or ice shall not be removed from sidewalks as provided in this section, the same may be removed under the direction of the Public Works Manager or the Township Administrator.  The cost of removal of any snow or ice by the Township shall be certified to the Township Committee.  The Township Committee shall examine the certificate, and if found to be correct, the Committee shall cause the cost to be charged against the real estate abutting upon the sidewalk, and the amount charged shall become a lien and a tax on the real estate and shall be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest in the same manner as other taxes. 20-3.3  Placing of Snow or Ice on Public Rights-of-Way Prohibited.   No person [sh]all throw, place or deposit any snow or ice which has accumulated upon private property into or upon any public sidewalk, handicapped parking space, bicycle route or the paved portion of any public street in the township or into or upon any area within the right-of-way lines of any street in such a way as to hinder the passage of persons, bicycles, vehicles or obstruct vision. Section 2.  Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3.  In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4.  This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, March 12, 2003 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, April 9, 2003 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

Index of Other Ordinances