A.
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of East Hanover of a general and permanent nature, adopted by the Township Committee of the Township of East Hanover, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 159, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of East Hanover" and shall hereinafter be known and referred to as the "Code."
B.
Insofar as the provisions contained in this Code are
substantially the same as provisions contained in the Revised Ordinances
of the Township of East Hanover as adopted May 17, 1973, this revision,
codification and consolidation shall be deemed a recodification of
said Revised Ordinances of the Township of East Hanover and is intended
as a continuation of the provisions contained therein.
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, including the Revised Ordinances of the Township of
East Hanover, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
A copy of the 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, upon adoption of this ordinance, such copy shall be
certified to by the Clerk of the Township of East Hanover 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.
The Clerk of the Township of East Hanover, pursuant
to law, shall cause to be published in the manner required a copy
of this Adopting Ordinance in a newspaper of general circulation in
the township. Sufficient copies of the Code shall be maintained in
the office of the Township 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.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the Township Committee 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 East Hanover 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 the said Code, as amendments and supplements
thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-11A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone
authorized and directed by him or her, to keep up-to-date the certified
copy of the 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.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Township Committee, which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
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 East Hanover to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalties provided in Article III of this ordinance.
All ordinances or parts of ordinances of a general
and permanent nature, adopted and in force on the date of 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.
The adoption of this Code and the repeal of ordinances provided for in § 1-10 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 November 5, 1981.
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 debtedness.
H.
Ordinances authorizing the acquisition, sale, lease
or transfer of property, or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges,
including the setting of fees for any township service, program or
activity or for the use of township equipment or facilities.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
Any ordinance creating positions of employment with
the township and/or establishing the amount and manner of payment
of salaries or compensation of officers and employees and providing
for employee vacations and leaves.
L.
Any currently effective ordinance or resolution regulating
traffic or parking.
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 Committee
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, certain changes, amendments or revisions
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.)[1]
[1]
Editor's Note: Pursuant to § 1-12B, the following Code sections and chapters were amended, added or revised. A complete description of these changes is on file in the office of the Township Clerk.
Sections 5-20, 19-7B, 42-8, 42-13A, 57-3A, 57-8A and B, 71-1, 71-3A, 71-4, 71-7, 71-9A(2) and B, 75-2E(1)(d), 75-3, 75-4B(1), 75-5, 77-1, 77-2, 77-4, 79-5A(8), 82-7, 85-3B, 85-6, 89-3A(9), 89-5, 89-12C, 95-7A, 95-11A, 95-12A(4), 95-14C, 95-15A, 95-16, 95-35A(3)(b) and (5), D(1), (2), (12) and (13) and E(5)(b), 95-37, 95-39A(2)(p), 95-44B, 95-47A(7), 95-54B, 95-55A(2), 95-57B(2), 95-58B(2), 95-59C, 95-62B(2), 95-74E, G and H, 95-92, 95-94, 99-7, 106-1, 106-5, 115-1, 115-5, 115-7, 115-8, 115-9, 115-11, 118-4, 118-13, 123-4, 123-7, 123-12, 123-50D, E and G, 123-54A and B, 123-57F(1) and (3), G, M and N, 126-2, 126-3, 126-4, 126-6, 126-7, 126-9, 132-4C, 132-7B, 132-10B, 138-2, 138-3, 138-4, 144-4, 144-7, 144-8, 144-9, 147-4A and C, 147-5C(6), 159-14A and C, 159-15A, B, C(1), D and E(1), 159-16, 173-13A, 173-20A and A216-4 and Ch. 79.
Original Sections 7-24 and 7-27 of the Revised
Ordinances of East Hanover, relative to restrictions as to locations
and construction of tanks, respectively, were deleted.
