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Ordinances

TOWNSHIP OF VERNON
ORDINANCE #06-07

AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES

Be it ordained and enacted by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, as follows:

§ 1-1. Adoption of Code. Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Vernon of a general and permanent nature adopted by the Township Council of the Township of Vernon, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 566, together with an Appendix, published in two volumes, are hereby approved, adopted, ordained and enacted as the “Code of the Township of Vernon,” hereinafter known and referred to as the “Code.”

§ 1-2. Code supersedes prior ordinances. This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3. When effective. This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4. Copy of Code on file. A copy of the two-volume Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Township of Vernon by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5. Amendments to Code. Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the “Code of the Township of Vernon” shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-6. Publication; filing. The Clerk of the Township of Vernon, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7. Code book to be kept up-to-date. It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the two-volume book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8. Sale of Code book. Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9. Altering or tampering with Code; penalties for violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Vernon to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.

§ 1-10. Severability of Code provisions. Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-11. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-12. Repealer. All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided. This ordinance specifically repeals the prior Code of the Township of Vernon, adopted 5-20-1974.

§ 1-13. Ordinances saved from repeal. The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

A. Any ordinance adopted subsequent to 9-26-2005.

B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.

D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.

E. Any franchise, license, right, easement or privilege heretofore granted or conferred.

F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.

G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Township's indebtedness.

H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

I. The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

J. The dedication of property or approval of preliminary or final subdivision plats.

K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

L. Any ordinance adopting or amending the Zoning Map.

M. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

N. All franchise agreements.

§ 1-14. Changes in previously adopted ordinances.

A. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Township Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

B. In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on February 16, 2005 and the same came up for final passage at the Regular Meeting of the Township Council held on February 27, 2006, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

______________________________
JANET E.MORRISON, MAYOR

____________________________
PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK

Schedule A
(as referenced in § 1-14B)

Nomenclature
Throughout the Code, the following changes have been made:

A. All references to “Township Committee” (and “Committee”) are hereby amended to refer to “Mayor and Township Council.”

B. All references to “Township Administrator” (and “Administrator”) are hereby amended to refer to “Township Manager” (and “Manager”), respectively.

C. All references to “State Department of Health” are hereby amended to refer to “State Department of Health and Senior Services.”

D. All references to the “Department of Health” of the Township (and “Health Department”) are hereby amended to refer to “Department of Health and Human Services.”

E. All references to the “Building Inspector” are hereby amended to refer to “Construction Code Official.”

Fees
The following sections are hereby amended to remove the amount of the fee and insert language indicating that the amount of the fee is located in Chapter 250, Fees and Escrows, Article II; in addition, the fee previously included is hereby moved to said Chapter 250: §§ 137-5, 137-11B, 142-2, 142-6, 142-7B, 142-8, 153-2A, 165-5, 179-12, 205-5, 281-6, 428-3, 462-18, 483-26, 483-27, 500-3, 500-14 and 560-7.

Penalties
The following sections are hereby added or amended to remove the current penalty and insert language indicating that the penalties are set forth in Chapter 1, Article II, § 1-9, Violations and penalties: §§ 142-10, 142-15, 148-25, 148-26F, 148-32, 165-6, 179-14A, 275-9, 281-8A, 289-10, 363-5, 374-4, 380-7, 462-22A, 500-7, 500-21, 500-23, 524-15, 531-5, 555-9A and 560-11.

Ch. 1, General Provisions
Art. II, Definitions; General Penalty
Original §§ 1-1, What constitutes "Revised General Ordinances;" designation; definitions of "Revised General Ordinances or R.G.O." and "Revised Ordinances or R.O.," from § 1-3; § 1-4, Revised General Ordinances construed as continuation of existing ordinances; § 1-5, References to chapters, articles and sections; and § 1-6, Analyses, section headings, source references, and notes not part of Revised General Ordinances, are hereby repealed.

Section 1-19A is hereby amended to change “$1,000” to “$1,250.”

Ch. 5, Administration of Government
Section 5-9A(10), (11), (12) and (13) are hereby added to read as follows:
(10) Department of Personnel, as provided for in Article XIV of this chapter.
(11) Department of Community Development, as provided for in Article XV of this chapter.
(12) Municipal Sewer Department, as provided for in Article XVI of this chapter.
(13) Municipal Water Department, as provided for in Article XVII of this chapter.

Section 5-10G, H and I are hereby added to read as follows:
G. Municipal Alliance Committee, as provided for in Article XXII of this chapter.
H. Senior Citizens Committee, as provided for in Article XXIV of this chapter.
I. Recreation Committee, as provided for in Article XXV, Board of Recreation, of this chapter.

Section 5-33B is hereby amended to read as follows:
B. Division of Tax Collections.

Section 5-37 is hereby amended to read as follows:
§ 5-37. Division of Tax Collections; Collector as head.
A. Within the Department of Finance, there is hereby established a Division of Tax Collections, the head of which shall be the Collector-Treasurer.
B. Prior to appointment, the Collector shall be qualified by training and experience in municipal tax and revenue administration.

Section 5-38I is hereby amended to read as follows:
I. Keep a full and systematic account of all cash receipts and disbursements by the Division of Tax Collections in proper books approved by the Director of Finance; and shall, at least once every month, and more often if the Council requires, furnish the Council, through the Manager, with a statement of all moneys received and expended by the Collector, including school moneys, subsequent to the Manager's last report; and

Section 5-39 is hereby amended to read as follows:
§ 5-39. Collection functions of Division of Tax Collections.
The Division of Tax Collections shall:
A. Receive and collect all current and delinquent real and personal property taxes, charge and receive penalties and interest pursuant to law, and account for all collections in such form and manner, and at such times, as may be prescribed or approved by the Director of Finance;
B. Make or cause to be made, and certify, searches for tax and other liens on real property in the Township as may be authorized by law, and charge and collect for the use of the Township the fee required pursuant to law for any such search;
C. Perform the functions of a collector of taxes under general law, including, without limitation thereto, the preparation and mailing of tax bills, and the maintenance of tax accounting records in such manner as may be prescribed or approved by the Director of Finance; and assist the Assessor in preparation of the annual tax list and duplicate;
D. Deposit daily to the credit of the Township all moneys received, in one or more depositories selected by the Council; maintain full and complete records and accounts of all sums collected and received, according to such procedures and systems as may be prescribed or approved by the Director of Finance, and make such periodic reports and accounting of the funds of the Township collected, received and deposited as the Manager may require, which reports and accounting shall be filed as a public record with the Township Clerk.

Section 5-53A is hereby amended to read as follows:
A. Within the Department of Planning and Development, there shall be a Division of Planning and Zoning, which shall consist of the Planning Board, Land Use and the Board of Adjustment, Land Use and the Office of the Zoning Officer, as provided for Chapter 330, Land Development.

Section 5-54 is hereby amended to read as follows:
§ 5-54. Division of Building.
Within the Department of Planning and Development, there shall be a Division of Building which shall consist of a State Uniform Construction Code Enforcing Agency.

Section 5-56C is hereby added to read as follows:
C. Office of Fire Safety Official.

Section 5-60 is hereby amended to read as follows:
§ 5-60. Establishment; Director as head.
There is hereby established a Department of Health and Human Services, the head of which shall be the Director of Health and Human Services.

Section 5-84C is hereby amended to read as follows:
C. Disbursements. Disbursements in payment of bills, claims and demands shall be made by the Treasurer upon preaudit and approved by the Manager. Every warrant shall be payable to the order of the person entitled to receive it, and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant check shall bear the signature of the Treasurer or Acting Treasurer, the Manager or Township Clerk or Deputy Township Clerk as the case may be. Two signatures are required on each check.

Ch. 30, Claims
Art. I, Claims Approval Procedure
Sections 30-4 and 30-6 are hereby amended to change “Treasurer” to “Chief Financial Officer.”

Art. II, Disbursement of Claims
Section 30-8 is hereby amended to change “$4,500” to “$4,500,000.”

Ch. 59, Health, Advisory Board of
Section 59-4 is hereby amended to change “Health Department” to “Department of Health and Human Services.”

Ch. 94, Police Department
Section 94-18 is hereby amended to read as follows:
§ 94-18. Fees and charges.
Fees and charges established for certain services extended and materials distributed by the Division of Police are included in Chapter 250, Fees and Escrows, Article II.

Ch. 99, Vehicles and Traffic
Original § 99-13, Abandoned vehicles, is hereby repealed.

Ch. 137, Alarms
Section 137-8B is hereby amended to change “20 minutes” to “15 minutes.”

Ch. 142, Alcoholic Beverages
Art. I, Licensing Restrictions; Hours of Sale
Section 142-9 is hereby added to read as follows:
§ 142-9. Hotels and motels.
The annual license fee for hotels and motels is set forth in Chapter 250, Fees and Escrows, Article II.

Art. III, Unlicensed Restaurants
Section 142-20 is hereby amended by changing “N.J.S.A. 2A:170-25.23” to “N.J.S.A. 2C:33-27.”

Ch. 148, Animals
Art. III, Animal Control; Dog Licensing
Throughout this article, all references to the fees and costs included in former Chapter 8, § 7-8, are hereby amended to refer to Chapter 250, Fees and Escrows, Article II.

Section 148-32 is hereby amended to read as follows:
§ 148-32. Violations and penalties.
Any person who violates any provision of §§ 148-29 through 148-31 may, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, § 1-9, Violations and penalties. A separate offense shall be deemed committed on each day during or on which a violation of §§ 148-29 through 148-31 occurs of continues.

Section 148-33 is hereby amended to read as follows:
§ 148-33. Fees and costs authorized.
Fees and costs charged by the Township and authorized by the Code of the Township of Vernon, as amended, are hereby established and shall be imposed in such amounts as provided by Chapter 250, Fees and Escrows, Article II.

Ch. 153, Assemblies, Public
Throughout this chapter, all references to the “Board of Health” are hereby amended to refer to “Department of Health and Human Services.”

Ch. 179, Campgrounds
Throughout this chapter, references to the “New Jersey Department of Environmental Protection and Energy” (and “NJDEPE”) are hereby amended to refer to the “New Jersey Department of Environmental Protection (and “NJDEP”).

Section 179-1 is hereby amended to change “Board of Health” to “Mayor and Township Council.”

Ch. 205, Construction Codes, Uniform
Section 205-7A is hereby amended to read as follows:
A. In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee in accordance with N.J.A.C. 5:23-4.19. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31, and June 30, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the Regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
Ch. 227, Dumping; Littering
Section 227-8 is hereby amended to read as follows:
§ 227-8. Enforcement; prosecution.
The provisions of this chapter shall be enforced by the Vernon Township Police Department, Vernon Township Department of Health and Human Services, Sussex County Health Department, New Jersey Department of Environmental Protection and the Vernon Township Zoning Enforcement Officer as the case may be. Violations shall be prosecuted in the Municipal Court having jurisdiction over the location where the offense occurred.

Ch. 250, Fees and Escrows
Art. II, Fees and Escrows Enumerated
Section 250-7E is hereby added to read as follows:
E. Duplicate tax bills. In accordance with the provisions of P.L. 1990, Chapter 69, the Tax Collector of the Township of Vernon shall charge the following fees for the preparation of duplicate tax bills:
(1) For a first duplicate copy: $5.
(2) For each additional duplicate copy which may be requested in the same tax year: $25.

Section 250-11 is hereby amended to read as follows:
§ 250-11. Police.
A. The following fees and charges are hereby fixed and established for certain services extended and materials distributed by the Division of Police:
(1) Search time for audiotape (per hour): $30.
(2) Copy of audiotape (customer provides blank tape): $10.
(3) Copy of videotape (customer provides blank tape): $50.
(4) Copies of noncriminal reports including incident and accident reports (per page): $0.75.
(5) Copies of accident report requested by mail:
(a) First three pages: $5.
(b) Each additional page: $0.50.
(6) Copies of criminal reports and other discovery (per page): $0.75.
(7) Copies of subpoenaed materials (per page): $0.75.
(8) Computer records of accident or incident analysis: $10.
(9) Copy of incident reports, criminal/noncriminal reports:
(a) First three pages: $5.
(b) Each additional page: $0.50.
(10) Photographs photocopied (8 by 5 or 8 by 10): $10.
(11) Fingerprints (all noncriminal except firearms): $3 per card.
(12) Firearms identification card: $5.
(13) Pistol purchase permit: $2.
(14) Register house alarm: $10.
(15) Reregister house alarm after disconnection: $50.
(16) Vacant house registration/blue star registration: $1.
B. No search fee shall be charged in the event that a report or photograph is not on file with the Division of Police.
C. There shall be no charge for any report for which a formal request is made by any local, county, state or federal law enforcement agency or by the federal postal authorities.

Section 250-13A(2) is hereby amended to read as follows:
(2) Reconstruction: $50.
(a) Each inspection after failure: $25.

Section 250-14H is hereby added to read as follows:
H. Public noncommunity and nonpublic water systems.
(1) Monitoring well: $25.
(2) Geothermal well: $75.
(3) Issuance of permit: no fee.
(4) Permit renewal: $25.

Section 250-14O is hereby added to read as follows:
O. Body art establishments (see Chapter 165, Body Art Establishments).
(1) Initial application fee for license: $500.
(2) Renewal application fee for license (including revocation or suspension reinstatement): $250.
(3) Issuance of license (new or renewal): no fee.

Section 250-15M is hereby added to read as follows:
M. Animal shelter or pound, annual license: no fee.

Section 250-16N is hereby added to read as follows:
N. Soil removal.
(1) Upon application for a permit pursuant to the provisions of Chapter 483, Soil Removal, the applicant shall pay a fee to cover the costs of the initial review of the proposed soil removal operation in the amounts as follows:
(a) Where the permit applied for is for the removal of less than 2,000 cubic yards during the first year: the sum of $600.
(b) Where the permit applied for is for the removal of more than 2,000 cubic yards during the first year: the sum of $900.
(c) In addition to the application fees provided herein, the applicant shall pay a review fee escrow deposit in an amount equal to 1/2 of the application fee, to be used to pay actual expenses of the Township for review of the application by the Planning Board's attorney, engineer and planner.
(2) Annual permit fees. Rate per cubic yard of soil removed: $0.15.

Section 250-17D is hereby amended to read as follows:
D. Peddler's license: $125, plus an additional $50 for each vehicle used in connection therewith.

Section 250-17G is hereby amended to read as follows:
G. Alcohol beverage licenses:
(1) Plenary retail consumption: $712.80.
(2) Club license: $188.
(3) Plenary retail distribution: $296.40.
(4) Limited retail distribution: $63.
(5) Hotel/motel: $594.

Section 250-17H is hereby added to read as follows:
H. Public assembly license: $1,000 per day (see Chapter 153, Assemblies, Public).

Ch. 263, Fire Prevention
Section 263-3C is hereby amended to read as follows:
C. Unless another penalty is expressly provided by New Jersey statute, an illegal vehicle operator who is convicted of stopping or standing within a designated fire zone shall, upon conviction thereof, be punished by a fine not to exceed $100; if parking within a designated fire zone, shall, upon conviction thereof, be punished by a fine not to exceed $100.

Section 263-12 is hereby amended to read as follows:
§ 263-12. Permits and fees.
The permits required by N.J.A.C. 5:70-2.12 as amended, and associated fees in accordance with N.J.A.C. 5:70-2.13, as amended, shall apply within the Township.

Ch. 269, Fire Safety
Section 269-10 is hereby amended to read as follows:
§ 269-10. Violations and penalties.
Enforcement, violations and penalties shall be assessed, levied and collected as set forth in the Uniform Fire Safety Act, the Uniform Fire Code (more particularly N.J.A.C. 5:70-2.12, Penalties, and N.J.A.C. 5:70-2.13) and all other applicable laws of the State of New Jersey, as the same may be amended.

Ch. 281, Food Establishments, Retail
Throughout this chapter, references to the “Board of Health” are hereby amended to refer to the “Department of Health and Human Services.”

Ch. 330, Land Development
In § 330-5, the definition of “junkyard” is hereby amended to delete “(See Section 1156).”

Section 330-14E is hereby amended to read as follows:
E. Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Section 330-19B(1)(c) is hereby amended to read as follows:
(c) Applicants seeking a preapplication conference shall submit a written request to the Land Use Administrator. The conference will occur within 14 days of receipt of the written request.

Section 330-34 is hereby amended to change “Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.” to “Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.”

Original Sec. 603e, Requirements for timing a development among the various types of uses and subgroups (which was a reserved subsection), is hereby repealed.

Section 330-72C(7) is hereby amended to read as follows:
(7) Plant species. The plant species selected should be hardy for the climatic zone in which Vernon Township is located, and shall be appropriate in terms of function and size. Street trees, shrubs and other plant material shall be selected from those recommended.

Section 330-72D(1) is hereby amended to read as follows:
(1) General objectives. All areas of the site to be developed shall be landscaped with appropriate grasses, trees, shrubbery and other appropriate plant material, except that naturally appearing landscape elements shall remain and be preserved, and environmentally sensitive areas shall not be disturbed for the sake of landscaping in strict accordance with this article. Landscaping shall be designed and implemented in accordance with the highest standards and best practices of landscape architecture, and shall be both functional and aesthetically pleasing. Plantings shall generally be of a simple palette of hardy, deciduous and evergreen species appropriate to the particular site. Informal massings of plant materials are encouraged rather than single specimen plantings. Designs which reflect indigenous patterns and local examples of the natural environment are favored.

Section 330-139B is hereby amended to read as follows:
B. The Township requires of the developer a deposit toward anticipated municipal expenses for these professional services. The deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1 and this article. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be as provided in Chapter 250, Fees and Escrows, Article II. For review of applications for development proposing a site plan, the amount of the deposit is based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites such as those containing drive-through facilities. Deposits for inspection fees are established in accordance with Subsection h of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).

Section 330-140 is hereby amended to read as follows:
§ 330-140. Application fees.
An application fee shall be paid at the time of filing an application for development. The amount of fee shall be determined pursuant to the categories and classifications contained in Chapter 250, Fees and Escrows, Article II. Consideration has been given to the relative and comparative complexity of different categories and classifications of applications. Such fees are designed to be reasonable and to recover the actual costs of municipal operations attributable to the processing and disposition of applications for development. Such operating costs include secretarial and other administrative costs, attendance at regular meetings by Board and/or municipal consultants, costs of preparation, publication and reproduction of documents, and related items and matters. Application and filing fees are to be paid over to the Township Treasurer and added to the Township's funds. Any application fees received in connection with informal or concept review by the Planning Board pursuant to N.J.S.A. 40:55D-10.1 shall be credited against fees for a subsequent formal application for development. Charitable, philanthropic, fraternal, and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954, 26 U.S.C. § 501(c) or (d), the Township of Vernon and the Board of Education are exempt from application or filing fees, but shall be subject to any escrow for review of any development application. Each organization, other than the Township of Vernon and the Board of Education, shall file a current federal tax exempt status letter as a checklist item.

The following sections are hereby amended by removing reference to the “LCR District”: §§ 330-180B(1), 330-180D(1)(a), 330-189B(28).

Original Sec. 1132g7, which contained a penalty for violation of § 330-180G, is hereby repealed.

Section 330-184A(1)(c)[2][a][iv] is hereby amended to read as follows:
[iv] Construction of parking facilities involving less than three spaces or less than 400 square feet in area of disturbance;
Section 330-184B(3)(a) is hereby amended to read as follows:
(a) Section 330-112, requiring underground utilities by reference, shall be strictly applied in the TC Districts. Advanced technology installations such as fiber-ring networking and other communications and utility advancements are specifically encouraged.

Section 330-184B(6) is hereby amended to read as follows:
(6) Any developer or group of developers or property owners in the TC Districts, in addition to employing conventional or planned development techniques, may propose to form a district management corporation to receive funds collected by a special assessment within a special improvement district, and to seek to cause the adoption of a special improvement district ordinance pursuant to N.J.S.A. 40:56-65 for the creation of a central pedestrian mall or other permissible improvement pursuant to N.J.S.A. 40:56-65 et seq. In a proper case, the assessment procedures pursuant to such law may operate to allow exceptions from one or more requirements of this section with respect to the installation of improvements or contributions in lieu thereof.

Section 330-184D(5)(p) is hereby amended to change “necessary structures” to “accessory structures.”

Section 330-184D(5)(q) is hereby amended to read as follows:
(q) One outdoor storage shed is permitted and shall not exceed 100 square feet and shall not be used for any purpose other than the storage of camping and related equipment and supplies.

Section 330-185A(2) and 330-189B(5)(b) are hereby amended to change “N.J.S.A. 26:14-7” to “N.J.S.A. 26:4A-4 et seq.”

Section 330-187C(3) is hereby amended to change “60 feet” to “80 feet.”

Section 330-189B(9)(e) is hereby amended to read as follows:
(e) No such facility shall be located within 750 feet of a residence nor within 750 feet of a residential district.

Original Sec. 1147b12, Health services, is hereby repealed.

Section 330-189B(20)(e) is hereby amended to read as follows:
(e) All bulk requirements pertaining to the R-2 District shall be applied.

Section 330-189B(20)(f) is hereby amended to read as follows:
(f) Off-street parking shall be designed to provide a total of two parking spaces, at least one of which shall be in a garage.

Section 330-214 is hereby amended to read as follows:
§ 330-214. Enforcement.
The Township Council shall enforce this chapter and any regulation hereunder. A zoning permit, or other permit, certificate or authorization as provided in this chapter and as may be appropriate, shall be required as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure; the use or occupancy of any building; structure or land; and the subdivision or resubdivision or any land. The Zoning Officer, Code Enforcement Officer or such other administrative officer and office as shall be established by the Township Council shall be responsible for the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized under this chapter and upon the express approval of the appropriate state, county or Township agencies. The fees to cover administrative costs for the issuance of such permits, certificates and authorizations are provided in Chapter 250, Fees and Escrows, Article II. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, any proper Township authority or any interested party, in addition to any other remedies, may institute an appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises.

Original Sec. 1602, Selling before approval; penalty; suit by Township; Sec. 1603, Certificates showing approval; contents; and Sec. 1604, Right of owner of land covered by certificate, are hereby repealed.

Schedule B, Bulk and Yard Requirements, and Schedule C, Setback Requirements for Accessory Structures, are hereby amended to delete requirements for the LCR District.

Schedule D, Minimum Parking Requirements, is hereby amended to delete “club,” “fraternal organizations,” “lake,” “recreation facility, commercial,” “recreation facility, personal,” “recreation facility, private,” “recreation facility, public,” “recreational development,” “riding academy/stables,” “school bus shelter,” “temporary outdoor activity” and “theme park,” which were previously listed in the schedule but without any requirements.

Ch. 374, Nuisances, Public Health
Throughout this chapter, all references to the “Board of Health” are hereby amended to refer to “Department of Health and Human Services.”

Ch. 407, Parking, Handicapped
Section 407-3A is hereby amended to change “156” to “56.”

Ch. 413, Parks and Recreation Areas
Throughout this chapter, references to the “Recreation Department” are hereby amended to refer to the “Department of Recreation and Leisure Services.”

Ch. 428, Peddling and Soliciting
Section 428-9A and B are hereby amended to change “Board of Health” to “Department of Health and Human Services.”

Ch. 440, Pesticides
Sections 440-13A(2), 440-15A, 440-16A and 440-17A are hereby amended to change “Board of Health” to “Department of Health and Human Services.”

Ch. 462, Sewage Disposal Systems, Individual Subsurface
Throughout this chapter, references to the “New Jersey Department of Environmental Protection and Energy” are hereby amended to refer to the “New Jersey Department of Environmental Protection,” and references to the “Board of Health” are hereby amended to refer to the “Department of Health and Human Services.”

Section 462-20A is hereby amended to read as follows:
A. In case any permit or certification required by this chapter is denied by the Vernon Township Department of Health and Human Services, a public hearing shall be held before the Mayor and Township Council within 15 days after written request is made by the applicant, and upon such hearing the Mayor and Township Council shall affirm, alter or rescind the previous determination of the Vernon Township Department of Health and Human Services and shall, by written resolution, notify the applicant accordingly within 15 days after the date of such hearing.

Ch. 478, Soil Erosion and Sediment Control
In § 478-4, the definition of “District” is hereby amended to read as follows:
District – The Sussex County Soil Conservation District.

Section 478-13A is hereby amended to change “$100” to “$250.”

Section 478-16 is hereby amended to change “Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.)” to “Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.).”

Ch. 483, Soil Removal
Section 483-19C is hereby amended to change “$8” to “$50.”

Section 483-33 is hereby amended to read as follows:
§ 483-33. Violations and penalties.
In addition to an action on the security or guaranty, or the revocation of license provided for herein, any person who violates this chapter or any director or officer who permits or participates in a violation of this chapter or the conditions of the permit shall, upon conviction thereof, be subject to a fine not exceeding $300, or imprisonment not exceeding 90 days, or both, in the discretion of the Judge before whom such conviction is had. Each day that a violation continues shall be considered a separate and distinct violation hereof.

Ch. 500, Streets and Sidewalks
Art. I, Driveway and Road Openings
Throughout this article, references to the “Supervisor of Roads” and “Road Superintendent” are hereby deleted.

Art. II, Street Excavations
Throughout this article, references to the “Superintendent of Roads” (and “Superintendent”) are hereby deleted.

Throughout this article, references to the “Road Commissioner” (and “Commissioner”) are hereby amended to refer to the “Director of Public Works.”

Section 500-8 is hereby amended to read as follows:
§ 500-8. Definitions.
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR OF PUBLIC WORKS — The Director of Public Works of the Township of Vernon.
ENGINEER — The Township Engineer of the Township of Vernon.
STREET — Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any state or county road or highway over which the Township has acquired jurisdiction by agreement.

Ch. 524, Used Oil
Section 524-2 is hereby amended to change “Board of Health” to “Mayor and Township Council.”

Ch. 531, Vehicles, Abandoned
Section 531-2A is hereby amended to read as follows:
A. Whenever any member of the Vernon Police Department finds a vehicle upon a public highway in the Township of Vernon, and such vehicle is parked without current registration plates, or identification markers as provided by the laws of the State of New Jersey; or such vehicle is so disabled as to constitute an obstruction of traffic and the driver or owner or person in charge of such vehicle neglects or refuses to move the same to a place where the vehicle shall not obstruct traffic; or such member has reasonable grounds to believe that such vehicle has been abandoned (continuous parking of a vehicle on a public highway for a period of 48 hours shall be deemed sufficient evidence of abandonment); such member may remove or cause the removal of such vehicle to such place as may be designated by the Chief of Police as a place for the impounding of such vehicles, and such vehicles shall be there impounded until the person owning said vehicle pays the cost of such taking and removal together with a charge of $1 for each and every day the vehicle is impounded. There shall be no charge for impounding and storing Township vehicles.

Ch. 555, Water Supply, Potable
Section 555-8B is hereby amended to change “Board of Health” to “Mayor and Township Council.”

Ch. 560, Water Systems, Public Noncommunity and Nonpublic
Throughout this chapter, references to the “Board of Health” are hereby amended to refer to the “Mayor and Township Council.”

Ch. 566, Water Use Restrictions
Section 566-9B is hereby added to read as follows:
B. After the second offense for any violation of this chapter, community service will be required in addition to the fines set forth above.