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

TOWNSHIP OF LONG HILL ORDINANCE #127-03 A BOND ORDINANCE APPROPRIATING $640,000, AND AUTHORIZING THE ISSUANCE OF $609,000 BONDS OR NOTES OF THE TOWNSHIP, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS, NEW JERSEY. BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LONG HILL, IN THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: Section 1.  The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized as general improvements to be made or acquired by The Township of Long Hill, in the County of Morris, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums being inclusive of all appropriations heretofore made therefor and amounting in the aggregate to $640,000 including the aggregate sum of $31,000 as the several down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now available therefor by virtue of provision in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes. Section 2.  For the financing of said improvements or purposes and to meet the part of said $640,000 appropriations not provided for by application hereunder of said down payments, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $609,000 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in a principal amount not exceeding $609,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law. Section 3.  The improvements hereby authorized and the several purposes for the financing of which said obligations are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of bonds or notes to be issued for each such purpose, are respectively as follows: IMPROVEMENT OR PURPOSE APPROPRIATION AND ESTIMATED COST ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES (a) Improvement of municipally-owned facilities and grounds in and by the Township, including the salt shed located at the Roads Department facilities on Warren Avenue by the renovation of the roof thereof, the wastewater pumping station by the upgrade thereof and of the control systems thereat and initial design and studies related to the improvement of infiltration and inflow structures at the pump station, and the Little League Fields by the renovation of the bleachers, together with for all the aforesaid all structures, appurtenances, work and materials necessary therefore or incidental thereto, all as shown on and in accordance with the plans and specifications therefore on file in the office of the Township Clerk and hereby approved. $212,800 $202,400 (b) Acquisition by purchase of new and additional vehicular equipment, including two (2) pick-up trucks and one (1) dump truck, together with all attachments, appurtenances and equipment necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file in the office of the Township Clerk and hereby approved 158,500 150,900 (c) Construction or reconstruction of sidewalks along various streets and locations in and by the Township, including without limitation Northfield Road, Central Street and Main Street, together with all structures, sitework, equipment, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file in the office of the Township Clerk and hereby approved 57,200 54,400 (d) Acquisition by purchase and installation, as necessary, of new and additional equipment, including one (1) equipment trailer for use by the Roads Department of the Township, communications equipment for use by the Police Department of the Township, communications and hazardous materials equipment for use by the Office of Emergency Management of the Township, communications equipment, pagers, turnout gear and other fire fighting equipment for use by the Millington Fire Department, pagers, air cylinders and turn out gear for use by the Stirling Fire Department and turnout gear and furnishings for use by the First Aid Squad, together with all appurtenances, apparatus and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file in the office of the Township Clerk and hereby approved 97,100 92,400 (e) Improvement of various streets in and by the Township, including without limitation Rolling Hill Drive, Old Farmhouse Road, Western Boulevard and Lackawana Boulevard by the resurfacing thereof to provide a roadway pavement at least equal in useful life or durability to a roadway pavement of Class B construction (as used or referred to in Section 40A:2-22 of said Local Bond Law), together with all structures, drainage improvements, equipment, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file in the office of the Township Clerk and hereby approved 114,400 108,900 Totals $640,000 $609,000 The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the said down payment for said purpose. Section 4.  The following additional matters are hereby determined, declared, recited and stated: (a) The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a property or improvement which the Township may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The average period of usefulness of said purposes within the limitations of said Local Bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 11.18 years. (c) The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Township Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Township as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $609,000, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (d) Amounts not exceeding $180,000 in the aggregate for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Local Bond Law may be included as part of the costs of said improvements and are included in the foregoing estimate thereof. Section 5.  All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Township at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser. Section 6.  The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of said obligations and interest thereon without limitation of rate or amount. Section 7.  The capital budget or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Township Clerk and are available for public inspection. Section 8.  This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by said Local Bond Law. NOTICE OF PENDING ORDINANCE The ordinance published herewith was introduced and passed upon first reading at a meeting of the Township Committee of the Township of Long Hill, in the County of Morris, New Jersey, held on April 9, 2003. It will be further considered for final passage after public hearing thereon, at a meeting of said Township Committee to be held in the Municipal Building, in said Township on May 14, 2003 at 7:00 o'clock P.M., and during the week prior to and up to and including the date of such meeting, copies of said ordinance will be made available at the Clerk's Office in said Municipal Building to the members of the general public who shall request the same.

TOWNSHIP OF LONG HILL ORDINANCE #128-03 AN ORDINANCE AMENDING THE SALARY ORDINANCE BY SETTING A SALARY RANGE FOR FIRE INSPECTOR (PART-TIME) 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 Fire Inspector (part-time) $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, April 9, 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, May 14, 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 #129-03 AN ORDINANCE CONCERNING PEDDLING, SOLICITING AND CANVASSING AND AMENDING CHAPTER IV OF THE TOWNSHIP CODE ENTITLED "GENERAL LICENSING" WHEREAS, the United States Supreme Court in Watchtower Bible and Tract Society v. Village of Stratton, decided June 17, 2002, held that a municipal ordinance making it a misdemeanor to engage in door-to-door advocacy without first registering with the municipality and receiving a permit violates the First Amendment as it applies to religious proselytizing, anonymous political speech and the distribution of handbills; and WHEREAS, the Township Code must be amended to bring it into compliance with the decision in Watchtower Bible and Tract Society; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey that Chapter IV of the Township Code entitled "General Licensing" is hereby amended as follows: Section 1.  The title of §4-3 of the Township Code is changed to “Solicitors and Peddlers" and that section is hereby amended to read as follows: 4-3 CANVASSERS, SOLICITORS AND PEDDLERS 4-3.1 Commercial Canvassers, Solicitors and Peddlers a. Permit required. No person, firm or corporation shall canvass, solicit, distribute circulars or other matter or call from house to house in the Township of Long Hill to sell, promote the sale of or attempt to sell goods by sample or to take or attempt to take orders for the future delivery of goods, merchandise, wares or any property, personal or real, of any nature whatsoever, or take or attempt to take orders for services to be furnished or performed presently or in the future without first having obtained a written permit therefor from the Police Department of the Township of Long Hill. In the case of a firm or corporation, a permit shall be required for each individual who is to conduct such activities. b. Exemptions. 1. Any person, firm or corporation soliciting or canvassing on behalf of a bona fide religious, charitable or political organization shall be subject to the provisions of Article II of this ordinance and shall be exempt from the requirements of this Article. 2. Any person engaging in religious proselytizing, anonymous political speech or the distribution of political or religious handbills or circulars shall be exempt from the requirements of this section. 3. Any person, firm or corporation delivering goods or performing services which have previously been ordered by the person owning, leasing or occupying the property where such delivery is made or service performed shall be exempt from the requirements of this ordinance. 4. Any person, firm or corporation calling upon or soliciting from commercial establishments located in the Township of Long Hill shall be exempt from the requirements of this ordinance. 5. Any minor employed by a newspaper as a carrier, who has been issued a minor's carrier permit pursuant to N.J.S.A. 34:2-21.15 and who has been previously registered with the Police Department by the employing newspaper, shall be exempt from the requirements of this ordinance. c. Application. 1. The application form for a permit under this Article shall require the following information: (a) Name of the applicant. (b) Permanent home address. (c) Temporary address. (d) Name and address and telephone number of the employer or firm represented. (e) Place or places of residence of the applicant for the preceding three (3) years. (f) Date on which soliciting or canvassing is to commence and end. (g) Nature of goods or merchandise to be sold or offered for sale or the nature of the services to be furnished. (h) Whether the applicant has been convicted of a crime, disorderly persons offense or violation of any ordinance relating to canvassing or soliciting and, if so, when, where and the nature of the offense. (i) The names of other municipalities in New Jersey where the applicant has been issued a permit to solicit in the past two (2) years. (j) Whether any motor vehicle will be used in connection with the canvassing or soliciting and, if so, the make, year, color, type and license plate number. (k) Physical description of the applicant. 2. The application shall be accompanied by a letter or other written statement from the individual, firm or corporation employing the applicant certifying that the applicant is authorized to act as the representative of the individual, firm or corporation. 3. All applicants under this Article shall be fingerprinted and photographed by the Long Hill Township Police Department. d. Permit fee; term. Each applicant for a permit shall pay a fee of twenty dollars ($20.00) for an annual permit. In the case of a firm or corporation, a permit shall be required for each individual who is to conduct such activities. The permit shall expire on December 31 of each year, and no permit fee shall be prorated for part of a year. 4-3.2 Religious, Charitable and Political Solicitors and Canvassers a. Definitions. As used in this Article, the following terms shall have the meanings indicated: Bona fide religious, charitable, educational or political organization shall mean any organization that is qualified under state or federal law as a tax exempt, nonprofit organization or any organization or group that espouses or advocates a position or belief on any subject of public interest or on behalf of any candidate for public office. Canvass shall mean to call upon persons to elicit or determine opinions, feelings, sentiments or information of any nature. Solicit shall mean to call upon persons to seek donations or contributions to such bona fide religious, charitable, educational or political organizations. b. Application. 1. Any person, firm or corporation soliciting or canvassing on behalf of a bona fide religious, charitable or political organization, as defined in this ordinance, shall, prior to such solicitation or canvassing, file with the Long Hill Township Police Department a completed application in the form provided. 2. The application for a permit under this Article shall contain the following information: (a) The name and address of the firm, corporation or organization represented by the individual solicitor, when applicable. (b) The name, address and telephone number of the person in charge of such organization to be contacted in case of emergency. (c) The name, address (both temporary and permanent), telephone number and date of birth of all individual solicitors who will be soliciting or canvassing within the Township of Long Hill. (d) Whether the applicant has been convicted of a crime, disorderly person's offense or violation of any ordinance relating to canvassing or soliciting and, if so, when, where and the nature of the defense; the names of other municipalities in New Jersey where the applicant has been issued a permit to solicit in the past two (2) years. (e) Whether any motor vehicle will be used in connection with the canvassing or soliciting and, if so, the make, year, color, type and license plate number. (f) Nature or purpose of the solicitations or canvassing. c. Permit; Term. In the case of a firm or corporation, a permit shall be required for each individual who is to conduct such activities. The permit shall expire on December 31st of each year and no permit fee shall be pro-rated for part of a year. d. Candidates for political office exempt. Any candidate for public office or person campaigning on behalf of such a candidate, where such candidate is seeking election to an office to be voted upon by the residents of the Township of Long Hill who are duly registered to vote in elections in accordance with the laws of the State of New Jersey, shall be exempt from the requirements of this ordinance. e. Political and Religious Canvassers. Any person engaging in religious proselytizing, anonymous political speech or the distribution of political or religious handbills or circulars shall be exempt from the requirements of this section. 4-3.3 Administrative Regulations. The provisions of this Article shall apply to both Articles I and II. a. Administration. 1. Any person, firm or corporation seeking a permit to canvass or solicit shall file an application with the Long Hill Township Police Department on a form supplied by the Department. 2. The Long Hill Township Police Department shall accept applications for processing only between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. No applications shall be processed on weekends or holidays. b. Issuance of Permits. The Long Hill Township Police Chief or his designee shall ordinarily act on all applications within forty-eight (48) hours after submission of a complete application. Saturdays, Sundays and holidays shall be excluded from such computation. If the Police Chief or his designee feels that the application should be denied, then the application shall be submitted to the Township Committee in accordance with the provisions of Section 18-14. c. Hours and days of soliciting on and canvassing. Permittees  Soliciting and canvassing shall be allowed to solicit only [on Monday to Saturday] between the hours of 9:00 a.m. and 9:00 p.m., [daylight savings time, or 7:00 p.m., standard time. No canvassing or soliciting shall be permitted on Sunday except canvassing and soliciting pursuant to Article II of this ordinance.] d. Display of permit. Each permittee shall be issued a permit which shall be prominently displayed upon the person of the permittee whenever such permittee is engaged in canvassing or soliciting. e. Permit not transferable. No permit shall be transferable. In the case of a firm or corporation, each person representing such firm or corporation shall be issued a separate permit. f. Action by Chief of Police regarding revocation, denial or suspension of permit. 1. In any case where, in the opinion of the Chief of Police or his designee, a permit should be revoked or should not be issued, the Chief shall immediately forward such matter to the Township Committee for its consideration. Such transmittal shall include the application together with supporting data and information and the reasons which form the basis of his recommendation for revocation or denial. The Township Committee may deny or revoke a permit where it finds the applicant or permittee has failed to comply with any of the provisions of this ordinance or has been convicted of a crime, disorderly person's offense or ordinance violation which relates adversely to the activity for which the permit has or would be issued. 2. In cases where a permit is subject to revocation for any reason provided for in this ordinance, the Chief of Police may temporarily suspend such permit, pending consideration of the matter by the Township Committee. 4-4.3 Violations penalties. Any falsification of information contained in an application or failure to comply with any other provision of this ordinance shall result in immediate revocation of the permittee's permit. In addition, any person, firm or corporation charged with violating any of the provisions of this ordinance shall, upon conviction thereof, be liable to the penalties set fort in section 1-5 of this Code." 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, April 23, 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, May 14, 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 #130-03 AN ORDINANCE INCREASING FEE FOR CERTIFICATE OF SMOKE DETECTOR AND CARBON MONOXIDE ALARM COMPLIANCE AND AMENDING CHAPTER XVII OF THE TOWNSHIP CODE ENTITLED "FIRE PREVENTION" WHEREAS, the New Jersey Department of Community Affairs adopted amendments to the Uniform Fire Code Regulations which were effective on April 7, 2003; and WHEREAS, N.J.A.C. 5:70-2.3 as amended now provides that: “Before any use group R-3 or R-4 structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide alarm compliance (CFDCMAC), evidencing compliance with N.J.A.C. 5:70-4.19 from the appropriate enforcing agency”; and WHEREAS, N.J.A.C. 5:70-2.9 as amended states that the application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CFDCMAC), as required by N.J.A.C. 5:70-2.3 shall be $20 but goes on to provide that: “A municipality having a local enforcing agency may establish by ordinance a different permit and certificate of smoke detector compliance fee schedule based on the actual cost anticipated or incurred for the enforcement of these code provisions . . . .”; and WHEREAS, the Township Fire Official and the Township Administrator have determined that the actual cost anticipated for enforcement of this code provision is $50; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that Chapter XVII of the Township Code entitled “Fire Prevention” is hereby amended as follows: Section 1.  Paragraph “b” of §17-1.7 entitled “Fees” is amended to read as follows: “b. Fee for Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance. The fee to cover the cost of inspection and issuance of a certificate of pursuant to N.J.A.C. 5:70-2.3 evidencing compliance with the requirements of N.J.A.C. 5:70-4.19 requiring the installation of smoke detectors and carbon monoxide alarms in residential dwellings shall be $50.” 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, April 23, 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, May 14, 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.

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