1

NORTH HANOVER TOWNSHIP

TOWNSHIP COMMITTEE MEETING MINUTES

July 20, 2017, 7:00 P.M.

CALL TO ORDER Mayor DeLorenzo called the meeting to order at 7:00 p.m.

FLAG SALUTE: Led by Mayor DeLorenzo and followed by a moment of silence.

ROLL CALL: Mayor DeLorenzo

Deputy Mayor DeBaecke

Committeeman Doyle

Committeeman Kocubinski

Committeeman O’Donnell

Absent: None

Also Present: Clerk Picariello and Township Attorney Roselli

SUNSHINE STATEMENT: “The provisions of the Open Public Meetings Act have

been met. Notice of this meeting has been transmitted by email to the Courier Post, Burlington

County Times and The Trenton Times as well as given to those having requested same and

posted on the Township bulletin board located in the foyer of the municipal building”.

PUBLIC COMMENT AS IT RELATES TO AGENDA ITEMS

Mayor DeLorenzo opened the meeting to the public. There were no public comments this

evening.

MOTION TO CLOSE PUBLIC COMMENT

Proposed By: Deputy Mayor DeBaecke

Seconded By: Committeeman Kocubinski

REVIEW OF CORRESPONDENCE

There was no correspondence this evening.

ENGINEER’S REPORT

Engineer Hirsh reported the reimbursement has been submitted for the Green Acres Park project.

He noted we are still awaiting awards for 2016. The 2015-2016 NJDOT projects are almost

complete. He noted all of Jones Mill was completed and the balance of Jacbostown-Arneytown.

He noted a 20,000.00. Mayor DeLorenzo suggested looking at additional signage. He stated a

decision needs to be made on the next round of NJDOT projects. He stated he felt the only road

left is Schoolhouse Road. He stated bids for the Provinceline Road project were being accepted

on August 1st.

DEPARTMENT REPORTS FOR JUNE 2017

a. Tax Collector

b. Construction, Zoning & Mobile Homes

c. North Hanover & Chesterfield Courts

d. Jacobstown Volunteer Fire Company

e. Fire Marshall

f. Police Department

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

2

MINUTES FOR APPROVAL

July 6, 2017 – Regular Session

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

BILLS AND CLAIMS FOR APPROVAL

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

ORDINANCE – ADOPTION

2017-07 An Ordinance of the Township of North Hanover, Burlington County Amending

the Code of the Township of North Hanover by Adding New Section Entitled

“Maintenance of Sidewalks, Driveway Aprons and Curbs”

ORDINANCE 2017-07

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, BURLINGTON

COUNTY AMENDING THE CODE OF THE TOWNSHIP OF NORTH HANOVER BY

ADDING NEW SECTION ENTITLED “MAINTENANCE OF SIDEWALKS,

DRIVEWAY APRONS AND CURBS”

NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of

North Hanover in the County of Burlington, State of New Jersey that the Code of the Township

of North Hanover is hereby amended by adding new section entitled “Maintenance of Sidewalks,

Driveway Aprons and Curbs” as follows:

SECTION I. Maintenance of Sidewalk, Driveway Apron and Curb

A. Purpose. The Township has determined that there is a need to address the repair and or

replacement of certain sidewalks and curbs throughout the Township. It being the further intent

of the Township Committee that sidewalk and curb replacements be done by the abutting

property owner for all sidewalks and curbs requiring repair or removal both presently and as the

need arises and after the completion of any sidewalk replacement program. It is the purpose of

this section to establish a procedure whereby sidewalks and curbs will be replaced, assigning the

responsibility to the abutting landowner, and assessing for costs where the Township is forced to

replace the sidewalk and curb.

B. Definitions. As used in this section:

a. “Street" shall mean any road, highway, public way, public alley, easement or other right-ofway

accepted or maintained by the township as a public street including unimproved areas within

the right-of-way, or any road or access way which, while not accepted or maintained by the

township, is open to use by the public, as well as any State or county road or highway over

which the township has acquired jurisdiction by agreement.

b. “Sidewalk” shall mean any surface provided for the exclusive use of pedestrians, including the

area between the curb of any street and the property line adjacent thereto, or, if there is no curb,

the area between the edge of the street and the property line adjacent thereto, and shall include

the public right-of-way along such street or sidewalk and shall include the paved area between

the curb and right-of-way line at driveways commonly known as a "driveway apron".

C. Responsibility of Property Owner.

a. Where the lands of any owner abut a street, it shall be the responsibility of such

property owner to keep the area between the property line and the street line, including

the sidewalk, driveway apron and curb as the case may be, in good repair. The street

3

line for the purposes of this article is designated as the edge of the paved surface of the

street.

b. It shall be the duty of any owner of land abutting a public street to repair any curb if damaged

by the property owner's actions or the actions of the property owner's lessee, tenant, employees,

agents or occupants of the property.

D. Order to Repair. If it comes to the attention of the Township that the area described in

paragraph C above is kept in such a state of disrepair as to endanger the health and general

welfare of the citizens of the township, the appropriate Township official may order the property

owner to repair the area upon notice in writing to be served upon the owner of or occupant of

such lands requiring the necessary specified work to such sidewalk or curb to be done by such

owner within a period of 30 days from the date of service of such notice, such notice to be served

postage prepaid to the address of the property owner as provided by the tax assessor. If his/her

address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in an

official newspaper of the township.

E. Repair by Township; Recovery of Costs. If the owner of the lands in question shall refuse

or neglect to abate or remedy the condition within thirty (30) days following receipt of notice

pursuant to paragraph D, it shall be lawful for the appropriate Township official, upon filing of

proof of service or publication of the aforesaid notice with the Township’s Municipal Clerk and

Township Administrator and upon the Township Administrator’s direction, to cause the required

work to be done and paid for out of the monies of the Township available for that purpose. Upon

completion of the work, the amount expended therefore shall be certified by the Chief Financial

Officer to the Township Committee. The Township Committee upon receipt of the certification

of charges shall by resolution certify the amount of the cost of such work and shall create same

as a lien upon the lands abutting the sidewalk or curb where such work was done. Said lien shall

become an assessment for local improvements to the same extent and manner as local

improvement liens are in the Township and shall be collected in the manner provided by law for

the collection of such other assessments and shall bear interest at the same rate.

Nothing herein shall prohibit the Township from commencing an action to recover the amount

expended against the owner of land in any court having competent jurisdiction thereof. A

certified copy of the aforesaid amount shall in such action be prima facie evidence of the

existence of the debt due from the owner/occupant to the Township.

SECTION II. Each section, subsection, sentence, clause and phrase of this Ordinance is

declared to be an independent section, subsection, sentence, clause and phrase, and the finding or

holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any

cause, or reason, shall not affect any other portion of this Ordinance. All ordinances or parts of

ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent

of such inconsistency.

SECTION III. This Ordinance shall be in full force and effect from and after its adoption and

any publication as may be required by the law.

MAYOR OPENS THE MEETING TO THE PUBLIC

Mayor DeLorenzo opened the meeting to the public. There were no public comments this

evening.

MOTION TO CLOSE PUBLIC HEARING

Proposed By: Deputy Mayor DeBaecke

Seconded By: Committeeman Doyle

Vote to Adopt Ordinance 2017-07:

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

ORDINANCE – ADOPTION

2017-08 An Ordinance of the Township of North Hanover, Burlington County Rescinding

and Replacing Ordinance 2008-04 (An Ordinance Establishing Chapter 15-080.12

4

(B) and Amending Ordinance 2009-10 (An Ordinance Amending Chapters 19-

030.3 and 19-030.4)

ORDINANCE 2017-08

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, BURLINGTON

COUNTY RESCINDING AND REPLACING ORDINANCE 2008-04 (AN ORDINANCE

ESTABLISING CHAPTER 15-080.12 (B)) AND AMENDING ORDINANCE 2009-10 (AN

ORDINANCE AMENDING CHAPTERS 19-030.3 AND 19-030.4)

NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of

North Hanover in the County of Burlington, State of New Jersey that Ordinance 2008-04

establishing Chapter 15-080.12 (B) of the Township Code of North Hanover and Ordinance

2009-10 amending Chapters 19-030.3 and 19-030.4 of the Township Code of North Hanover are

hereby amended as follows:

SECTION 1. Ordinance 2008-04 establishing Chapter 15-080.12 (B) of the Township Code of

North Hanover which provided for the assessment of fee for revisions to the Official Tax Map

required by certain site plan applications be and is hereby rescinded and replaced as follows:

15.080.12 (B) Tax Map/GIS database update fee.

(1) Purpose.

(a) It is the purpose of this subsection to impose upon developers/applicants the costs incurred by

North Hanover Township in updating its municipal Tax Map/GIS database as a result of the

approval of various site plans, subdivisions or the creation of any new lots within North Hanover

Township. Said costs are directly related to the development process, and therefore North

Hanover Township hereby determines that they should be borne by the developer/applicant.

(b) Tax Map/GIS database update fees: each applicant and/or developer, for any approval that

results in the creation of any new lot(s), revision of any existing lot(s) and/or other alterations to

the Tax Map/GIS database, shall be responsible for paying all reasonable charges incurred by

North Hanover Township in updating said Tax Map/GIS database. These costs shall include, but

not be limited to, update to the GIS database, revisions to existing Tax Map plates,

creation/addition of new tax map plates, appropriate revisions to the Key Map(s), reprographic

services for applicable Township, county and state submission copies, as well as any reasonable

shipping and handling fees involved.

(2) Costs.

(a) Once final site plan, subdivision and/or new lot approval has been received, an escrow

account shall be established by the applicant and maintained by North Hanover Township for the

express purpose of maintaining the Tax Map/GIS database. No construction permit shall be

issued until said escrows as outlined below are posted with the Township:

[1] Minor subdivisions: $75 per lot.

[2] Major subdivisions are further broken down as follows:

[a] One to 25 lots: $55 per lot.

[b] Twenty-six to 75 lots: $50 per lot.

[c] Seventy-six to 125 lots: $45 per lot.

[d] One hundred twenty-six to 175 lots: $40 per lot.

[e] One hundred seventy-six or more lots: $35 per lot.

[f] Commercial site plan: $800.

5

[g] Condominium site plan: $1,000 plus $20 per unit for residential condominium

projects.

[h] Each lot/Tax Map revision due to deed discrepancies, lot line adjustments, easement

detailing, ownership labeling, acreage calculation and labeling, street name changes and

other minor revisions: $55 per lot or per change.

[3] If the initial escrow account is insufficient to cover the cost for revisions to the Tax Map/GIS

database, then the developer/applicant shall be required to replenish the escrow account in such

amounts as are required to satisfy the total cost of the revisions. In the event that the

developer/applicant fails to do so, the Township shall have the option of revoking the

construction permit and/or failing to issue a final certificate of occupancy or approval until such

time as the applicant complies. If any portion of the escrow account remains unused following

the appropriate revisions to the Tax Map/GIS database, it shall be refunded to the

developer/applicant.

(b) In the event that any application for development is denied and the application is no longer

pending before the respective Township board, then any portion of the aforementioned fee which

has not been expended by the engineer responsible for maintaining the Tax Map/GIS database

shall be refunded to the applicant.

(c) In addition to the maintenance fees noted, each approved applicant must supply a map of the

new subdivision or new lot in a scale suitable for inclusion on the North Hanover Township Tax

Map/GIS database. Said map must be submitted in both electronic and hard copy formats and

must be compliant with current New Jersey Map Filing Law guidelines (N.J.S.A. 46-23.1).

SECTION 2. Ordinance 2009-10 which in part repealed and replaced Chapter 19-030.3 of the

Township Code of North Hanover entitled “Fees and Escrow for Applications Submitted to the

Joint Land Use Board for Subdivisions, Site Plans, and Residential and Commercial

Development” is hereby amended as follows (deletions have strikethrough and additions are

bolded and underlined):

19-030.3 – Fees and Escrow for Applications Submitted to the Planning Board and Zoning

Board of Adjustment for Subdivisions, Site Plans, and Residential and Commercial

Development.

A. The application fees as set forth herein are nonrefundable flat fees and shall cover

direct administrative expenses associated with processing the application at issue.

B. An escrow account is hereby established to cover the costs of professional

services, including engineering, legal, planning, professional salaried personnel

and consultants retained to evaluate material submitted with the application, and

other expenses connected with the review of the submitted materials, except for

those costs associated with the revision of the municipal tax map. Applicants are

also directed to refer to the Township’s Land Use ordinances regarding

requirements for establishment of escrow account for tax map/GIS database

updates,

***

SECTION 3. At least three copies of said full Ordinance are on file in the Office of the

Municipal Clerk for public examination and acquisition. Copies are available for inspection or

acquisition during regular weekday working hours and arrangements have been made for the

publication of said proposed Ordinance in pamphlet or other similar form which will be available

for purchase from the Township Clerk.

SECTION 4. This ordinance shall take effect upon final passage and publication according to

law.

SECTION 5. The Township Clerk is hereby directed to give notice at least ten days prior to the

hearing on the adoption of this Ordinance to the County Planning Board, and to all others

entitled thereto pursuant to the provisions of N.J.S. 40:44D-15. Upon adoption of this Ordinance,

after public hearing thereon, the Township Clerk is further directed to publish notice of passage

thereof and file a copy of this Ordinance as finally adopted with the County Planning Board as

required by N.J.S. 40:55D-16 and with the Township Tax Assessor.

6

SECTION 6. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is

for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion

shall be deemed a separate, distinct and independent provision, and such holding shall not affect

the validity of the remaining portions.

MAYOR OPENS THE MEETING TO THE PUBLIC

Mayor DeLorenzo opened the meeting to the public. There were no public comments this

evening.

MOTION TO CLOSE PUBLIC HEARING

Proposed By: Deputy Mayor DeBaecke

Seconded By: Committeeman O’Donnell

Vote to Adopt Ordinance 2017-08:

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X

Committeeman Doyle X X

Committeeman Kocubinski X X

Committeeman O’Donnell X

Mayor DeLorenzo X

ORDINANCE – INTRODUCTION

2017-09 An Ordinance of the Township of North Hanover, Burlington County Amending

the Code of the Township of North Hanover by Adding New Section Entitled

“Maintenance of Vacant Properties in the Township and Establishing Registration

Fees for Vacant Properties”

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

ORDINANCE 2017- 09

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, BURLINGTON

COUNTY AMENDING THE CODE OF THE TOWNSHIP OF NORTH HANOVER BY

ADDING NEW SECTION ENTITLED “MAINTENANCE OF VACANT PROPERTIES

IN THE TOWNSHIP AND ESTABLISHING REGISTRATION FEES FOR VACANT

PROPERTIES”

WHEREAS, the Township of North Hanover (the “Township”) contains structures

which are vacant in whole or large part; and

WHEREAS, in many cases, the owners or responsible parties of these structures are

neglectful of them, are not maintaining or securing them to an adequate standard or restoring

them to productive use; and

WHEREAS, it has been established that vacant and abandoned structures cause severe

harm to the health, safety and general welfare of the community, including diminution of

neighboring property values, increased risk of fire and potential increases in criminal activity and

public health risks; and

WHEREAS, the Township incurs disproportionate costs in order to deal with the

problems of vacant and abandoned structures, including, but not limited to, excessive police

calls, fire calls and property inspections and maintenance; and

WHEREAS, it is in the public interest for the Township to establish minimum standards

of accountability to be imposed on the owners or other responsible parties of vacant and

abandoned structures in order to protect the health, safety and general welfare of the residents of

the Township; and

WHEREAS, it is in the public interest of the Township to impose a fee in conjunction

with registration of vacant and abandoned structures to offset costs incurred by the presence of

these structures.

7

NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of

North Hanover in the County of Burlington, State of New Jersey that the Township Code of

North Hanover be and is hereby amended as follows:

Section 1. Maintenance of Vacant Properties in the Township and Establishing

Registration Fees for Vacant Properties.

(1) For purposes of this Ordinance, the following terms are defined as set forth herein:

MUNICIPAL OFFICER – shall mean the person who shall be designated by the

Township Committee as the Municipal Officer as described in this ordinance.

OWNER – shall include the title holder, any agent of the title holder having authority to

act with respect to a vacant property, any foreclosing entity subject to the provisions of

C.46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity

determined by the Township to have authority to act with respect to the property.

VACANT PROPERTY – any building used or to be used as a residence which is not

legally occupied or at which substantially all lawful construction operations or residential

occupancy has ceased, and which is in such condition that it cannot legally be reoccupied

without repair or rehabilitation, including, but not limited to, any property meeting the definition

of abandoned property in N.J.S.A. 55:19-80; provided, however, that any property where all

building systems are in working order , where the building and grounds are maintained in good

order, or where the building is in habitable condition, and where the building is being actively

marketed in good faith and using best efforts by its owner for sale or rental, shall not be deemed

a vacant property for purposes of this ordinance. Actively marketing the property for sale or

rental shall require efforts beyond the placing of a sign in or on the property advertising that the

property is for sale or rent.

(2) a. As of the effective date of this ordinance, the owner of any vacant property as

defined herein shall, within 30 calendar days after the building becomes vacant property or

within 30 calendar days after assuming ownership of the vacant property, whichever is later; or

within 10 calendar days of receipt of notice by the municipality, file a registration statement for

such vacant property with the municipal officer on forms provided by the Township for such

purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to

register the property.

b. Each property having a separate block and lot number as designated in official

records of the municipality shall be registered separately.

c. The registration statement shall include the name, street address, telephone

number, and email address (if applicable) of a person 21 years of age or older, designated by the

owner or owners as the authorized agent for receiving notices of code violations and for

receiving process in any court proceeding or administrative enforcement proceeding on behalf of

such owner or owners in connection with the enforcement of any applicable code; and the name,

street address, telephone number and email address (if applicable) of the firm and the actual

name(s) of the firm’s individual principal(s) responsible for maintaining the property. The

individual or representative of the firm responsible for maintaining the property shall be

available by telephone or in person on a 24-hour per say, seven-day per week basis. The two

entities may be the same or different persons. Both entities shown on the statement must

maintain offices in the state of New Jersey or reside within the state of New Jersey.

d. The registration shall remain valid for one year from the date of registration. The

owner shall be required to renew the registration annually, as long as the building remains a

vacant property, and shall pay a registration or renewal fee in the amount prescribed in this

ordinance, for each vacant property registered. The owner must renew the registration annually

by January 1st of each year.

e. The owner shall notify the municipal officer within 30 calendar days of any

change in the registration information by filing an amended registration statement on a form

provided by the municipal officer for such purpose.

f. The registration statement shall be deemed prima facie proof of the statements

therein contained in any administrative enforcement proceeding or court proceeding instituted by

the Township against the owner or owners of the building.

8

(3) The owner of any vacant property registered under this ordinance shall provide access to

the Township to conduct exterior and interior inspections of the building to determine

compliance with municipal codes, upon reasonable notice to the property owner or the

designated agent.

a. An owner who meets the requirements of this ordinance with respect to the

location of his/her residence or workplace in the State of New Jersey may designate

himself/herself as agent or as the individual responsible for maintaining the property.

b. By designating an authorized agent under the provisions of this section the owner

consents to receive any and all notices of code violations concerning the registered vacant

property and all process in any court proceeding or administrative enforcement proceeding

brought to enforce code provisions concerning the registered building by service of the notice or

process on the authorized agent. Any owner who has designated an authorized agent under the

provisions of this section shall be deemed to consent to the continuation of the agent’s

designation for the purpose of this section until the owner notifies the Township, in writing, of a

change of authorized agent or until the owner files a new annual registration statement.

c. Any owner who fails to register vacant property under the provisions of this

Article shall further be deemed to consent to receive, by posting on the building, in plain view,

and by service of notice at the last known address of the owner of the property on record with the

Township by regular and certified mail, any and all notices of code violations and all process in

an administrative proceeding brought to enforce code provisions concerning the building.

(4) a. The registration and annual renewal fee for each building shall be as follows:

Vacant Property Registration Fee Schedule

Initial Registration $500.00

First Renewal $1,500.00

Second Renewal $3,000.00

Subsequent Renewal $5,000.00

b. At least 20% of all fee income resulting from the application of this ordinance

shall be used for the sole purpose of carrying out municipal activities with respect to vacant and

distressed properties, including, but not limited to, code enforcement, abatement of nuisance

conditions, stabilization, rehabilitation, and other activities designed to minimize blight and

further productive reuse of properties.

(5) The owner of any building that has become vacant property, and any person maintaining

or operating or collecting rent for any such building that has become vacant shall, within 30 days

thereof:

a. Enclose and secure the building to the satisfaction of the Municipal Officer

against unauthorized entry as provided in the applicable provisions of the Township Code, or as

set forth in the rules and regulations supplementing those codes; and

b. Post a sign affixed to the building indicating the name, address and telephone

number of the owner or the owner’s authorized agent, for the purpose of service of process, and

the person responsible for the day-to-day supervision and management of the building, if such

person is different from the owner holding title or authorized agent. The sign shall be of a size

no smaller than 18” x 24” and shall include the words “To report problems with this building,

call…”, and placed in such a location, so as to be legible from the nearest public street or

sidewalk, whichever is nearer; and

c. Secure the building to the satisfaction of the Municipal Officer from unauthorized

entry and maintain the sign until the building is again legally occupied or demolished, or until

repair or rehabilitation of the building is complete; and

d. Make provision for the cessation of electric or gas utility services to the property;

other than buildings with a fire sprinkler system, and

e. Make provision for the winterizing of the property by the cessation of water

service to the property and the draining of water lines; other than buildings with a fire sprinkler

system, and

9

f. Make provision for the cessation of the delivery of mail, newspapers and circulars

to the property, including having the property listed on the exclusion list maintained by the

Township of North Hanover for the delivery of circulars and advertisements to the property; and

g. Make provision for the maintenance of the lawn and yard, including regular grass

cutting as required by the applicable provisions of the Code of the Township of North Hanover;

and

h. Ensure that the exterior grounds of the structure, including yards, fences,

sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory

structures and driveways, are well-maintained and free from debris, loose litter, and grass and

weed growth; and

i. Continue to maintain the structure in a secure and closed condition to the

satisfaction of the Municipal Officer, keep the grounds in a clean and well-maintained condition,

and ensure that the sign is visible and intact until the building is again occupied, demolished, or

until repair and/or rehabilitation of the building is complete.

(6) Violations.

a. Any person who violates any provision of this article shall be fined not less than

$500.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall

constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable

from the owner and shall be a lien on the property.

b. For purposes of this section, failure to file a registration statement within 30

calendar days after a building becomes vacant property or within 30 calendar days after

assuming ownership of a vacant property, whichever is later; or within 10 calendar days of

receipt of notice by the municipality, and failure to provide correct information on the

registration statement, failure to comply with the provisions of Sections 2 through 6 of this

ordinance, or such other provisions contained herein shall be deemed to be violations of this

ordinance.

Section 2. All ordinances or parts of ordinances inconsistent or in conflict with this

Ordinance are hereby repealed as to said inconsistencies and conflict.

Section 3. If any section, part of any section, or clause or phrase of this ordinance is for any

reason held to be invalid or unconstitutional, such decision shall not effect the remaining

provisions of this ordinance. The governing body of the Township of North Hanover declares

that it would have passed the ordinance and each section and subsection thereof, irrespective of

the fact that any one or more of the subsections, sentences, clauses or phrases may be declared

unconstitutional or invalid.

Section 4. The ordinance shall take effect immediately upon passage and publication

according to law.

MOTION TO INTRODUCE

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

SET PUBLIC HEARING FOR AUGUST 3, 2017 AT 7:00 P.M.

ORDINANCE – INTRODUCTION

2017-10 An Ordinance of the Township of North Hanover, Burlington County Amending

Chapter 4-040 of the Township of North Hanover Entitled “Mobile Home Parks;

Mobile Homes”

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

ORDINANCE 2017- 10

10

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, BURLINGTON

COUNTY AMENDING CHAPTER 4-040 OF THE TOWNSHIP OF NORTH HANOVER

ENTITLED “MOBILE HOME PARKS; MOBILE HOMES”

NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of

North Hanover, County of Burlington, State of New Jersey that Chapter 4 of the Revised General

Ordinances of the Township of North Hanover is hereby amended and supplemented by

amending Section 4-040.4 to read as follows [added portions are underlined; deleted portions

have strikethrough]: :

Section 1. 4.040.4 Mobile Home Parks.

A. – I. No change.

J. Monthly Reporting Requirement.

1. All owners, operators, or other person or entity for which a license or

renewal license for a mobile home park has been issued by the Township of North

Hanover in accordance with the terms of this section shall be required to provide to

the Mobile Home Administrator by the 10th day of each month a certified list of all

mobile home park tenants, identified by name, address and lot/pad number. The

purpose of this reporting requirement is to enable the Township to determine if a

particular mobile home has been re-rented or re-leased without having first being

inspected by the Township Fire Marshall for purposes of ensuring compliance with

the State Fire Code prior to a change in occupancy.

Section 2. All ordinances or parts of ordinances inconsistent or in conflict with this

Ordinance are hereby repealed as to said inconsistencies and conflict.

Section 3. If any section, part of any section, or clause or phrase of this ordinance is for any

reason held to be invalid or unconstitutional, such decision shall not effect the remaining

provisions of this ordinance. The governing body of the Township of North Hanover declares

that it would have passed the ordinance and each section and subsection thereof, irrespective of

the fact that any one or more of the subsections, sentences, clauses or phrases may be declared

unconstitutional or invalid.

Section 4. The ordinance shall take effect immediately upon passage and publication

according to law.

MOTION TO INTRODUCE

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

SET PUBLIC HEARING FOR AUGUST 3, 2017 AT 7:00 P.M.

CONSENT AGENDA DEFINED:

All Resolutions listed on today’s consent agenda are to be considered as one vote by Township

Committee and will be enacted by one motion. There will be no discussion of these items. If

discussion is desired, that item will be removed from the consent agenda and considered

separately.

2017-111 Resolution Accepting the 2016 Municipal Audit

RESOLUTION 2017-111

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ACCEPTING THE 2016 MUNICIPAL AUDIT

WHEREAS, N.J.S.A. 40:A5-4 requires the Governing Body of every local unit to have made an annual

audit of its books, accounts and financial transaction, and

11

WHEREAS, the Annual Report of Audit for the year 2015 has been filed by a Registered Municipal

Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by

each member of the Governing Body, and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe

reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the

governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New

Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit

entitled: General Comments and Recommendations; and

WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the Annual

Report of Audit, and specifically the sections of the Annual Audit entitled: Comments and Recommendations as

evidenced by the group affidavit form of the Governing Body, and

WHEREAS, such Resolution of Certification shall be adopted by Governing Body no later than forty-five

days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, and

WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at

least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and

have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgation’s of the Local Finance Board of the State of New

Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52-27BB-52 to wit:

R.S. 52:27BB-52 – “A local officer or member of a local Governing Body who, after a date fixed for compliance,

fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of

this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars

($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office”.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of North Hanover Township, hereby

states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this Resolution and

required affidavit to said Board to show evidence of said compliance.

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X

Committeeman Doyle X X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

2017-112 Resolution Approving Participation with the State of New Jersey Safe and Secure

Communities Program Administered by the Division of Criminal Justice,

Department Law and Public Safety

RESOLUTION 2017-112

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

A RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW

JERSEY SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE

DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY

WHEREAS, the North Hanover Township Committee wishes to apply for funding for a

project under the Safe and Secure Communities Program for the 2017/2018 year; and

WHEREAS, the Committee of North Hanover Township has reviewed the

accompanying application and has approved said request; and

WHEREAS. the project is a joint effort between the Department of Law and Public

Safety and North Hanover Township for the purpose described in the application.

NOW, THEREFORE, BE IT RESOLVED by Township Committee of North Hanover

Township that

As a matter of public policy North Hanover Township wishes to participate to the

fullest extent possible with the Department of Law and Public Safety.

1. The Attorney General will receive funds on behalf of the applicant.

12

2. The Division of Criminal Justice shall be responsible for the receipt and

review of the applications for said funds.

3. The Division of Criminal Justice shall initiate allocations to each applicant

authorized.

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X

Committeeman Doyle X X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

NON-CONSENT AGENDA

2017-113 Resolution of Project Completion and Acceptance of the 2014/2015 Municipal

Parks Grant Project entitled Schoolhouse Road Park Improvements

RESOLUTION 2017-113

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

RESOLUTION OF PROJECT COMPLETION AND ACCEPTANCE FOR THE 2014/2015

MUNICIPAL PARKS GRANT PROJECT ENTITLED SCHOOLHOUSE ROAD PARK

IMPROVEMENTS

WHEREAS, the Burlington County Board of Chosen Freeholders has approved the Open

Space, Recreation, Farmland and Historic Preservation Trust Fund (“Trust Fund”) and established a

Municipal Park Development Program (“Program”) to provide grant funds in connection with

municipal acquisition of lands for County park, recreation, conservation and farmland preservation

purposes, as well as for municipal public park and recreation development purposes; and

WHEREAS, the Township Committee of the Township of North Hanover applied for and

received a Burlington County Municipal Parks Development Grant in FY2014, in the amount of

$60,000.00 and in FY2015, in the amount of $45,000.00 to fund a combined project entitled

Schoolhouse Road Park Improvements, which included the construction of a volleyball court, a

fitness park and various related improvements; and

WHEREAS, the project has been deemed complete as of May 2017 by the Township

Engineer and all final sums have been paid to the Contractor, Thor Construction Group, LLC for

performance of the work described, complete and in conformance with, the contract plans and

specifications and related requirements, and the Contractor has provided the required Two-Year

Maintenance Bond.

BE IT RESOLVED, by the North Hanover Township Committee, County of Burlington,

State of New Jersey that the scope of work associated with the 2014/2015 Burlington County Park

Development Program Grant is complete; and

BE IT FURTHER RESOLVED, that the submission to the County of Burlington of the

documents necessary to receive final reimbursement of grant funds is hereby authorized.

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X

Committeeman Doyle X X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

2017-114 Resolution Authorizing 2017 Road Improvement Program Contract One Change

Order Number One Final

RESOLUTION 2017-114

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

13

RESOLUTION AUTHORIZING 2017 ROAD IMPROVEMENT PROGRAM

CONTRACT ONE CHANGE ORDER #1 FINAL

WHEREAS, by Resolution 2017-86, the North Hanover Township Committee awarded a

Contract to Earle Asphalt Company for the 2017 Road Improvement Project - Contract I, in the amount of

$386,313.13; and

WHEREAS, the Township of North Hanover has funded the project through a combination of

2015 and 2016 NJDOT Municipal Aid Grants totaling $416,000.00; and

WHEREAS, the contract required adjustment to reflect actual construction quantities and the

Township has authorized additional work on Jacobstown-Arneytown Road to further complete the paving

work on the roadway; and

WHEREAS, current Change Order #1 will bring the adjusted Contract price to $394,717.24,

which is an increase to the original Contract price by 2.18% and is permitted under the Local Public

Contracts Law, and the Regulations promulgated pursuant thereto, and the Township Committee deems it

appropriate to authorize this Change Order, subject to and contingent upon compliance with the

conditions set forth below,

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of

North Hanover, County of Burlington, State of New Jersey:

1. Change Order Number 1 Final, in the amount of $8,404.11 is hereby approved to amend

the contract with Earle Asphalt Company to a final contract amount of $394,717.24

2. The Mayor of North Hanover Township is hereby authorized to sign the attached Change

Order Number 1 Final

BE IT FURTHER RESOLVED that nothing herein contained shall be deemed a waiver by the

Township of any claims it currently possesses, or may possess in the future, regarding this Contract, the

existing insurance policy, Performance and Payment Bond, and any other rights, privileges or remedies

otherwise available to it.

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X X

Committeeman Kocubinski X

Committeeman O’Donnell X

Mayor DeLorenzo X

2017-115 Resolution of the Township of North Hanover Opposing the Application of Elcon

Recycling Services, LLC submitted to the Pennsylvania Department of

Environmental Protection Agency for a Proposed Hazardous Waste Facility to be

Located in Falls Township, Pennsylvania

RESOLUTION 2017-115

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

RESOLUTION OF THE TOWNSHIP OF NORTH HANOVER OPPOSING THE APPLICATION

OF ELCON RECYCLING SERVICES, LLC SUBMITTED TO THE PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR A PROPOSED

HAZARDOUS WASTE FACILITY TO BE LOCATED IN FALLS TOWNSHIP,

PENNSYLVANIA

WHEREAS, the Pennsylvania Department of Environmental Protection Agency has received an

application from Elcon Recycling Services, LLC which would allow for the construction of a “thermal

oxidizer” facility in Falls Township, Bucks County; and

WHEREAS, according to the Clean Air Council, Elcon has applied to receive 596 different kinds of

waste, producing 800 tons of hazardous sludge per year and 5,000 tons of hazardous salts; and

WHEREAS, given the prevailing winds out of the west, the location of this facility will undoubtedly

have a direct impact on the residents of the Township of North Hanover and other surrounding

communities; and

14

WHEREAS, it is the duty of the North Hanover Township Committee to represent and protect the

interests of health and quality of life of the residents of North Hanover Township; and

NOW, THEREFORE, BE IT RESOLVED by the North Hanover Township Committee, County of

Burlington, State of New Jersey that it does hereby oppose the construction of this facility and further

urges the Pennsylvania Department of Environmental Protection Agency to consider the negative impact

that the proposed hazardous “thermal oxidizer” facility would have on the residents of Burlington County;

and

BE IT FURTHER RESOLVED that the Township Clerk is hereby directed to forward a certified copy

of this resolution to the Pennsylvania Department of Environmental Protection Agency, Burlington

County Municipal Clerks and the Burlington County Board of Chosen Freeholders.

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X X

Committeeman Doyle X

Committeeman Kocubinski X

Committeeman O’Donnell X X

Mayor DeLorenzo X

DISCUSSION

North Hanover Township “Movie Night” Fireworks Display

Committeeman Kocubinski reviewed the two proposals received. He noted the vendor from

last year did a fabulous job. There was a general consensus to move forward with Advanced

Pyrotechnics.

Regulation of Bee Keeping

Committeeman O’Donnell reviewed the complaints concerning “bee keeping”. The

proposed Ordinance set some basic outlines and was the least restrictive found. There was a

general consensus to move forward and Committee members would send suggestions to

Attorney Roselli prior to an introduction. Attorney Roselli noted this was for honey bees.

Committeeman O’Donnell noted there was nothing currently on the books. Committeeman

Doyle suggested 100 feet in relation to schools and public parks.

TOWNSHIP COMMITTEE “COMMENTS”

Committeeman Kocubinski noted in the 2016 Audit, page 33 notes no increase in Municipal tax

and fund balance seems to be in good shape. He noted there would be 3 new open space

applications. He was informed of this by Alexandra DeGood. Mayor DeLorenzo discussed the

applications he was aware of. Committeeman Kocubinski wanted to make sure we would be

alright considering the tax was no longer in place. There was some discussion regarding the

Department of Defense funding. Mayor DeLorenzo noted he would look into.

Deputy Mayor DeBaecke stated he was working with Engineers on the road projects.

PUBLIC PARTICIPATION

Questions, comments or statements from members of the public in attendance.

Mayor DeLorenzo opened the meeting to the public. There were no public comments this

evening.

MOTION TO CLOSE PUBLIC COMMENT

Proposed By: Deputy Mayor DeBaecke

Seconded By: Committeeman Kocubinski

EXECUTIVE SESSION RESOLUTION

2017-116 Authorizing a Closed Session Meeting to discuss the following matter(s) pursuant

to N.J.S.A. 47:1A-1 and N.J.S.A. 10:4-12; Contract Matters, Personnel and

Litigation matters

VOTE TO TABLE INDEFINITELY

COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT

Deputy Mayor DeBaecke X

Committeeman Doyle X X

Committeeman Kocubinski X X

Committeeman O’Donnell X

Mayor DeLorenzo X

15

BACK TO PUBLIC SESSION

MOTION TO ADJOURN 7:33 pm

Proposed By: Committeeman O’Donnell

Seconded By: Committeeman Kocubinski

Respectively submitted,

__________________

MaryAlice Picariello, RMC/CMR/CTC

Township Clerk