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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 DeLorenzoDeputy 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 havebeen 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 1
st.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 XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
X2
MINUTES FOR APPROVAL
•
July 6, 2017 – Regular SessionCOMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XBILLS AND CLAIMS FOR APPROVAL
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XORDINANCE – 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 ofNorth 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 CurbA. Purpose
. The Township has determined that there is a need to address the repair and orreplacement 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
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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 damagedby 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 inparagraph 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 refuseor 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 isdeclared 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 andany 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 XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XORDINANCE – 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
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(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 ofNorth 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 ofNorth 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.
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[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 theTownship 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 arealso 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 theMunicipal 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 tolaw.
SECTION 5
. The Township Clerk is hereby directed to give notice at least ten days prior to thehearing 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.
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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 isfor 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
XCommitteeman Doyle
X XCommitteeman Kocubinski
X XCommitteeman O’Donnell
XMayor DeLorenzo
XORDINANCE – 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 structureswhich are vacant in whole or large part; and
WHEREAS
, in many cases, the owners or responsible parties of these structures areneglectful 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 severeharm 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 theproblems 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 standardsof 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 conjunctionwith registration of vacant and abandoned structures to offset costs incurred by the presence of
these structures.
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NOW THEREFORE, BE IT ORDAINED
by the Township Committee of the Township ofNorth 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 1
st 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 statementstherein contained in any administrative enforcement proceeding or court proceeding instituted by
the Township against the owner or owners of the building.
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(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
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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 thisOrdinance 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 anyreason 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 publicationaccording to law.
MOTION TO INTRODUCE
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XSET 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 ofNorth 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 10
th day of each month a certified list of allmobile 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 thisOrdinance 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 anyreason 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 publicationaccording to law.
MOTION TO INTRODUCE
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
X XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XSET 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 annualaudit of its books, accounts and financial transaction, and
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WHEREAS
, the Annual Report of Audit for the year 2015 has been filed by a Registered MunicipalAccountant 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 prescribereports 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 thegoverning 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 AnnualReport 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-fivedays 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, atleast, 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 NewJersey 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, herebystates 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
XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
X2017-112 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 aproject under the Safe and Secure Communities Program for the 2017/2018 year; and
WHEREAS
, the Committee of North Hanover Township has reviewed theaccompanying application and has approved said request; and
WHEREAS
. the project is a joint effort between the Department of Law and PublicSafety and North Hanover Township for the purpose described in the application.
NOW, THEREFORE, BE IT RESOLVED
by Township Committee of North HanoverTownship 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.
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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
XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XNON-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 OpenSpace, 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 andreceived 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 TownshipEngineer 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 thedocuments necessary to receive final reimbursement of grant funds is hereby authorized.
COMMITTEE MOTION 2ND AYES NAYS ABSTAIN ABSENT
Deputy Mayor DeBaecke
XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
X2017-114 Resolution Authorizing 2017 Road Improvement Program Contract One Change
Order Number One Final
RESOLUTION 2017-114
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
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RESOLUTION AUTHORIZING 2017 ROAD IMPROVEMENT PROGRAM
CONTRACT ONE CHANGE ORDER #1 FINAL
WHEREAS
, by Resolution 2017-86, the North Hanover Township Committee awarded aContract 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 of2015 and 2016 NJDOT Municipal Aid Grants totaling $416,000.00; and
WHEREAS
, the contract required adjustment to reflect actual construction quantities and theTownship 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 ofNorth 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 theTownship 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 XCommitteeman Doyle
X XCommitteeman Kocubinski
XCommitteeman O’Donnell
XMayor DeLorenzo
X2017-115 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 anapplication 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 ofwaste, 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 undoubtedlyhave a direct impact on the residents of the Township of North Hanover and other surrounding
communities; and
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WHEREAS
, it is the duty of the North Hanover Township Committee to represent and protect theinterests 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 ofBurlington, 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 copyof 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 XCommitteeman Doyle
XCommitteeman Kocubinski
XCommitteeman O’Donnell
X XMayor DeLorenzo
XDISCUSSION
•
North Hanover Township “Movie Night” Fireworks DisplayCommitteeman 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 KeepingCommitteeman 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
XCommitteeman Doyle
X XCommitteeman Kocubinski
X XCommitteeman O’Donnell
XMayor DeLorenzo
X15
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