Township of Hopewell, NJ
Mercer County
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Table of Contents
Table of Contents
[Ord. #7/15/74]
Unless otherwise provided, any license or permit issued pursuant to this chapter or described herein may, subject to law, be suspended or revoked by the township committee upon hearing or otherwise as hereinafter provided.
[Ord. #7/15/74]
Upon notice to the licensee and an opportunity to be heard, any such license may be revoked or suspended for violation of the applicable ordinance pertaining to the license or permit, violation of the terms of the license or permit or other good cause.
[Ord. #7/15/74; New]
Where a licensed activity involves hazard to health or public safety, such license may be suspended by a majority of a quorum of the township committee, or where an emergency requires, the chief of police or other officer in charge. Upon such suspension, a hearing must be held within 72 hours upon notice to the licensee, otherwise the suspension shall automatically terminate until a hearing is held.
[Ord. #7/15/74]
In addition to suspension or revocation, any licensee or other person violating any provision of this chapter or any condition of a license or permit shall be liable to the penalties provided in Chapter 3, section 3-1.
[Ord. #7/15/74]
Any person engaging in an activity for which a license is required who has not obtained such license or whose license has expired shall be in violation of this chapter.
[Ord. #7/15/74]
Any person who shall purchase, keep, display or discharge fireworks in the township in connection with a public celebration or exhibition shall first obtain a permit from the township committee.
[Ord. #7/15/74]
Application shall be made in writing and in such form as shall be required by the township clerk. It shall set forth:
a. 
The name, address and experience of the applicant.
b. 
The place and time of display.
c. 
The nature of the display.
d. 
The method of storage.
e. 
Applicable liability insurance.
f. 
Such other data as may be required by the township clerk as appears necessary for public safety.
[Ord. #7/15/74]
Upon favorable action by the township committee, the clerk shall issue a permit, which permit shall incorporate by reference and be subject to the facts set forth in the application and such other conditions as may have been required by the township committee.
[Ord. #7/15/74; Ord. #95-1025]
No person or group shall promote, advertise, operate, conduct or participate in any large (200 or more persons) public or quasi-public exhibition, demonstration, show, festival, parade or similar planned event, or other outdoor assembly of persons, which is directly or indirectly advertised or touted in the public press, radio or television, or to which large (200 or more) numbers of people are directly or indirectly invited or anticipated to attend, unless the person, or group promoting, advertising, operating or conducting the same shall first have obtained a permit from the township committee.
[Ord. #7/15/74]
Written application for such permit shall be made to the township clerk at least 10 days prior to the regular meeting of the township committee at which the applicant wishes the application to be considered. Together with the application, the applicant shall, in typewritten form, submit the following information:
a. 
The proposed location and the portion of the premises available for such event.
b. 
Past experience of the applicant in promoting, operating or conducting similar such large outdoor events.
c. 
The reasonably projected number of persons who will attend such outdoor event and the basis of such projection.
d. 
Existing and proposed additional sanitary and water facilities sufficient to accommodate the number of persons reasonably projected to attend the outdoor event.
e. 
A parking and traffic control plan for the number of persons projected to attend the event, which plan must be sufficient to insure a free flow of traffic, available rapid access by emergency vehicles and adequate off-street parking facilities sufficient to accommodate the projected number of persons expected to attend.
f. 
A plan for the safe handling and sale of food and beverages and proof of the ability to provide sufficient food and beverage to insure the health and well-being of the projected number of persons expected to attend.
g. 
A plan for such medical and similar facilities as the applicant intends to provide in view of the projected number of persons expected to attend.
h. 
A specific description of the nature of the assembly and the number and, where available, the names of the exhibitors, demonstrators, or other persons invited by or under contract with the applicant in connection with the proposed event.
i. 
Annexed to such application shall be the written permission of the record owner or owners of the premises intended to be used, or if the same be owned by the State of New Jersey, the County of Mercer or another governmental unit or school board, then the written permission of the officer or agent having authority to permit the use of such premises as are intended to be used.
[Ord. #7/15/74]
The applicant shall pay to the township clerk a permit fee as established in Chapter 10 for each 200 persons or fraction thereof reasonably projected to attend the event, provided however, that the township committee may, by resolution, waive the payment of the permit fee for any organization or group enumerated in subsection 4-3.8.
[Ord. #7/15/74]
The applicant shall submit to the township clerk, with his application, a written commitment from a responsible insurance company, licensed to do business in New Jersey, to insure the applicant and the Township of Hopewell as a coinsured during such event, on account of liability for accidental injury to one person in the amount of $100,000; for accidental injury to two or more persons in the amount of $1,000,000; for property damage in the amount of $50,000. Where it shall appear that the nature or size of the event or the existence of other applicable insurance will not reasonably require the limits hereinabove related, the township committee may fix such lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants and the public.
[Ord. #7/15/74]
The township clerk shall, upon receipt of the application, refer the same immediately to the chief of police and to the township health officer, in order that each might complete and submit to the township committee an investigative report and recommendations.
a. 
The chief of police shall cause to be investigated and shall report upon the following:
1. 
The background of the applicant and the factual accuracy of the application.
2. 
The extent to which the proposed outdoor assembly may adversely affect the health, safety or welfare of the persons attending the same or the health, safety or welfare of the persons in the community.
3. 
The extent to which the nature of the event and its operation would promote or facilitate criminal offenses, disorderly persons offenses, juvenile delinquency or municipal ordinance offenses about the premises proposed for the outdoor assembly.
4. 
The adequacy of the proposed parking and traffic control plan.
5. 
Such other matters as may reasonably be required by the nature and size of the proposed event or as may be directed by the township committee.
The report of the chief of police shall contain written recommendations and the reasons therefor.
b. 
The township health officer shall cause to be investigated and shall report upon the following:
1. 
The factual accuracy of the application as it pertains to sanitary and health facilities.
2. 
The adequacy of provisions for sanitary facilities, water and the dispensation of beverages and food.
3. 
Such other matters as may reasonably be required by the nature and size of the proposed event, or as may be directed by the township committee.
The report of the township health officer shall contain written recommendations and the reasons therefor.
c. 
The reports of the chief of police and the township health officer shall be filed with the township clerk at least 24 hours prior to the regular meeting at which the application is to be considered and shall be available for inspection by the applicant or his attorney.
[Ord. #7/15/74]
The township committee may, upon consideration of the application and the reports submitted, pursuant to subsection 4-3.5, together with such additional information as may be adduced at the regular meeting of the township committee, grant the permit for which application is made, to be issued by the township clerk subject, however, to the following:
a. 
No permit shall be granted for any event to be conducted upon private premises in a residential zone unless the applicant shall first have obtained a recommendation for a temporary activities permit from the board of adjustment.
b. 
Each permit shall contain such written conditions as are reasonable and appropriate to the nature and size of the proposed event so as to insure the public health, morals, safety and welfare.
c. 
No permit shall be issued unless a certified copy of the applicant's liability insurance policy, or other required evidence of financial responsibility, shall have been filed with the township clerk.
d. 
No permit shall be issued unless the full permit fee shall have been paid to the township clerk, unless same has been waived.
e. 
The township committee may require of the applicant, prior to the issuance of a permit, a cash deposit in an amount sufficient to insure full payment of a permit fee based upon the number of persons actually attending the event and to insure prompt repair of physical damage and collection of refuse when the event is to take place in a public street, park, playground, or other public facility. Such a cash deposit shall, as well, be sufficient to pay for such special police officers and like personnel as may reasonably be required by the event and for which the township shall bill the applicant-permittee. In the event that the township and the applicant-permittee are unable to agree as to the number of persons actually attending, the cost of damage - repair or the cost of refuse collection, the dispute shall be submitted to the American Arbitration Association for resolution, the applicant-permittee to pay all costs of such arbitration.
[Ord. #7/15/74]
A permit may be revoked by the township committee upon 24 hours' notice to the applicant-permittee where it appears that:
a. 
The application is materially false or purposely misleading and such fact was not earlier discovered despite due diligence prior to such time.
b. 
The number of persons reasonably expected to attend is unexpectedly greater by 50% than the number initially projected and the applicant-permittee is unable to deposit sufficient monies to insure adequate police protection or is unable by reason of such increase, to provide proportionately greater sanitary, water, food and other health facilities.
c. 
New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, morals, safety or welfare.
If a permit is revoked for reasons denominated in paragraphs b or c, the applicant's permit fee shall be returned to him.
1. 
A permit may be revoked at any time after 24 hours prior to the event and at any time during such event where it appears that the public health, morals, safety or welfare are being endangered, where it appears that numerous acts of criminality, disorderly conduct or juvenile delinquency are occurring or where nuisances substantially impairing the comfort or welfare of the community are occurring.
Where such circumstances appear, a permit shall be revoked, upon request of the chief of police or his designee, in the following manner:
(a) 
By a majority of a quorum of the township committee.
(b) 
If a quorum of the township committee cannot reasonably be convened or contacted by telephone, then by the mayor.
(c) 
In the absence of the mayor, by the deputy mayor.
(d) 
In the absence of the foregoing, by the chief of police or, if he is unavailable, by the officer in charge.
In the event of revocation under this subsection, the permit fee and the cash deposit, to the extent the latter is billed, used or required, shall not be returned to the applicant-permittee.
2. 
In the event that a permit is revoked, oral notice by the mayor or his designee to the applicant-permittee shall be deemed sufficient notice to the applicant-permittee and his agents, servants, employees and contractees, that the permit has been revoked.
3. 
In the event that a permit is revoked, oral notice, audible to any individual and oral notice reasonably audible to any person within normal hearing range of any electronic device given by an authorized official or police officer, shall be deemed sufficient notice that the permit has been revoked.
[Ord. #7/15/74]
The township committee may, by resolution, exempt any or all of the following persons, partnership, corporations, organizations, groups or events from the operation of all or any part of this section:
a. 
Charitable or nonprofit organizations.
b. 
Veterans organizations and local service groups.
c. 
Quasi-governmental groups and associations such as police, firemen and civil defense organizations.
d. 
Bona fide scholastic and interscholastic contests and officially sponsored affairs.
e. 
Governmental units.
f. 
Events which are necessarily within the beneficial provisions of H.T. 17:7-6.
g. 
Events which will benefit the health, morals, safety, welfare of the community and which, in the reasonable opinion of the township committee, will not involve or attract 500 persons or more as participants or spectators.
[Ord. #7/15/74]
Any applicant who shall have obtained a permit for an event which is commonly held at annual or other periodic intervals shall, once having obtained such permit, be entitled to renew the same, upon the same conditions as are contained in the original permit by notifying the township clerk in writing at least 20 days prior to the proposed holding of such event and submitting with such notification, evidence of financial responsibility and the fulfillment of such other conditions as may theretofore have been required. The application for renewal shall be presented to and acted upon by the township committee at the first meeting next after receipt by the township clerk unless a bona fide complaint concerning the past operation of such event by the applicant or new or changed circumstances or a different mode of operation by the applicant have been brought to the attention of the township committee. Where such matters are brought to the attention of the township committee, it shall hold a hearing upon notice to the applicant and may thereafter grant the application for renewal, impose new or different conditions upon the applicant, or deny the application, as the evidence adduced at the hearing shall warrant.
[Ord. #7/15/74]
Any person, organization or group who shall promote, advertise, operate, conduct or participate in any event described in subsection 4-3.1, for which no permit has been duly issued, shall be in violation thereof.
Any person, partnership, corporation, organization or group who has been notified of the revocation of a permit pursuant to the provisions of subsection 4-3.7c2 and thereafter promotes, advertises, operates, conducts or participates in any event described in subsection 4-3.1 shall be in violation.
Any person who has been notified of the revocation of a permit pursuant to the provisions of subsection 4-3.7c3, and who has been requested by a police officer to quit the premises, not his own, for which such permit was issued and who loiters thereon or fails forthwith to quit such premises or who obstructs, hinders, or delays the quit of himself or others shall be in violation thereof.
Any person, partnership, corporation, organization or group who violates any other provisions of this section, including the submission of a false or materially misleading application, shall be in violation hereof.
[1]
Editor's Note: Former section 4-4, Automobile Service Stations, previously codified herein and containing portions of Ordinance No. 7/15/1974 was repealed in its entirety by Ordinance No. 95-1007.
[Ord. #7/15/74]
Any person placing, operating or maintaining any amusement device shall obtain a license from the township clerk.
[Ord. #7/15/74]
As used in this section:
AMUSEMENT DEVICE
Shall include any pin game, skeeball, machine showing moving pictures or like devices which operates as a game, contest or amusement upon the insertion of a coin or slug.
[Ord. #7/15/74]
Application shall be made in the form prescribed by the clerk and shall contain:
a. 
The name and address of the licensee.
b. 
The name and address of the person or proprietor of the premises where the machine is to be installed.
c. 
A description of the machine or machines including the manufacturer's serial number.
d. 
The amount of money required to operate the machine or machines.
e. 
A certification that the applicant is over the age of 18 and is the actual owner of the business conducted in the place where the device is to be placed.
[Ord. #7/15/74]
The license shall be annual and shall expire on August 31 each year. Such licenses are not assignable but may be transferred from one machine to another upon payment of a transfer fee as established in Chapter 10.
[Ord. #7/15/74]
No licensee shall use or permit or suffer any licensed machine to be used for gambling.
[Ord. #7/15/74]
See Chapter 10.
[Ord. #7/15/74; Ord. #583-81; Ord. No. 2017-1675]
a. 
All licenses for shooting range or places for the holding of target shooting of any kind to which the public are admitted or invited, may be granted in the discretion of the Township Committee to any person who may apply therefor.
b. 
Any new shooting range shall obtain a shooting range license, if an existing shooting range is intended to be substantially changed or expanded to include different types of shooting ranges, operations, or activities not covered by an existing license, application for a new license shall be made prior to such changes being implemented. Any license issued hereunder does not relieve the licensee of compliance with all other applicable ordinances or codes.
c. 
A shooting range license shall be issued prior to issuance of any permits for building or other improvements related to the shooting range.
d. 
Such application shall be made using Township application forms and shall be filed with the Township Clerk. The application shall be reviewed by the Municipal Engineer who shall consult with the Police Department. The Municipal Engineer shall advise the Clerk in writing if the application includes all of the information required by this section has been provided within 20 calendar days of the date of submission.
e. 
Once the Municipal Engineer has confirmed that all information has been received, the application shall be deemed complete and the Clerk will schedule a hearing on the application. The date of the hearing shall allow a minimum of 15 calendar days to permit adequate time for the applicant to provide notice. The applicant shall be required to send certified mail notice of the application, return receipt requested, to all property owners within 200 feet of the property upon which the shooting range will be located a minimum of 10 days prior to the hearing date. The owner listing for the notice shall be obtained from the Department of Community Development. The applicant shall provide proof that notice was given as required by this section prior to the start of the hearing.
f. 
The Township Committee will review the application, reports from the Municipal Engineer and Police, hear public comment and then decide the application within 30 calendar days of the hearing date.
[Ord. #7/15/74; Ord. #583-81; Ord. No. 2017-1675]
As used in this section, the following terms shall have the respective meanings ascribed to them:
DBA
The sound pressure level, in decibels, as measured on a precision sound level meter on the A-weighted scale.
EPA LEAD MANAGEMENT GUIDELINES
At any given time, the latest edition of the United States Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges.
FIREARM(S)
A weapon, including but not limited to pistols, rifles, and shotguns, capable of firing a projectile using an explosive charge as a propellant.
NRA RANGE SOURCE BOOK
At any given time, the latest edition of The Range Source Book, as published by the National Rifle Association.
OCCUPIED DWELLING(S)
Any residential structure which is legally occupied by one or more persons.
PERSON(S)
Any individual, corporation, association, club, firm, or partnership.
SHOOTING RANGE
Public or private areas designed and improved to encompass shooting stations or firing lines, Target areas, berms and baffles, safety fans or shotfall zones, structures, parking areas, and other associated improvements which are designed for the purpose of providing a place for the discharge of various types of firearms.
SHOTFALL ZONE
An area within which the shot or pellets contained in a shotgun shell typically fall.
STRUCTURE(S)
A walled and roofed building that is principally above ground or any other permanent, man-made facilities.
SURFACE DANGER ZONE
Any area that may reasonably expect projectile impact resulting from direct fire, including misdirected and accidental discharges, and ricochets from any firearm which takes into consideration all mitigation efforts as submitted by the applicant and determined by a certified engineer.
TARGET
Any object or area which is used as the intended recipient of the projectiles fired from a firearm.
TOWNSHIP
Hopewell Township.
[Ord. #7/15/74; Ord. #583-81; Ord. No. 2017-1675]
a. 
Submission Requirements. The Shooting Range License application shall include the following information:
1. 
Ownership. Information demonstrating that the applicant is the legal property owner(s) or lessees (or their agent), and shall also include the contact information for the applicant.
2. 
Written Description. Written description of the shooting range, its location and uses abutting the property.
3. 
Survey. A standard boundary survey made and certified by a licensed land surveyor in the State of New Jersey, a copy of the deed for the property and copies of any easements, restrictions or covenants.
4. 
Site Plan. A site plan for the entire shooting range to a scale of no less than one inch equals 100 feet. The site plan shall depict the property lines for any parcel upon which the shooting range is located, north arrow, plan scale, date, and ownership information for the site. The complete layout of the shooting range, including existing and proposed structures, shooting stations, firing lines, target areas, shot fall zones, surface danger zone, berms, baffles and other significant elements of the shooting range. The site plan shall also depict adjacent streets, access roads, and parking areas for the shooting range facility. The Township may allow different site plan scales where it deems appropriate. Designs shall be based upon the Range Source Book published by the National Rifle Association (NRA).
5. 
Occupied Dwelling. A map depicting occupied dwellings within one-half mile (2,640 feet).
6. 
Secure Access. Fencing, gates, and other features used by the shooting range to control access to the facility.
7. 
Hours of Operation. A note shall be added to the site plan stating the hours of operation of the shooting range.
8. 
Shot Containment. The license application shall include a plan describing how all of the bullets, shot or other projectiles or any other debris shall be contained on the shooting range. Structures or devices that shall be installed for shot containment shall be shown on the site plan. Shooting range rules of operation that promote shot containment shall be provided when applicable.
9. 
Noise. A plan showing the projected dBA levels at the property line and at the 65 dBA level prepared by a professional noise expert. For existing shooting ranges, dBA levels shall also be provided for any new firearm with a caliber not currently used or ammunition not currently used.
10. 
Firearms. A detailed description of the types and uses of firearms and ammunition used and proposed to be used at the site.
11. 
Lead. A plan describing how lead will be managed on the site and how that plan complies with the EPA lead management guidelines.
12. 
Warning Signs. Locations where warning signs will be installed, a detail indicating the size and material of the warning sign, and a description of how the proposed signage compares to the NRA Source Book.
13. 
Maintenance. A maintenance plan for the shooting range and a description of how the maintenance plan compares with the NRA Range Source Book.
14. 
Safety Design. A description of how the proposed shooting range design compares to the design standards in the NRA Range Source Book.
15. 
Insurance. Documentation of the insurance coverage of the shooting range.
[Ord. #7/15/74; Ord. #583-81; Ord. No. 2017-1675]
a. 
The following standards shall be used to review a shooting range license application. The license shall be issued unless the Township Committee determines that one or more standards have not been met. In each instance, the burden of proof shall be on the applicant to produce sufficient information to warrant a finding that the standards have been met.
1. 
Surface Danger Zone. The surface danger zone shall be contained within the property boundary line. For new shooting ranges, the surface danger zone is satisfactory when all shooting stations and targets on a shooting range facility shall be located a minimum of 300 feet from any property line. For existing shooting ranges, no new shooting stations or targets shall be placed within 300 feet of the property boundary, unless they can demonstrate that the surface danger zone will be reduced in size. For existing shooting stations and targets, the applicant shall demonstrate that the shooting range will contain the surface danger zone within the property boundary.
2. 
Occupied Dwelling. For new shooting ranges, all shooting stations, targets and firing lines shall be located at least one-half mile (2,640 feet) from any existing occupied dwelling. For existing shooting ranges located closer than one-half mile from any existing occupied dwelling, shooting ranges shall not be permitted to relocate or enlarge said range to further encroach within said setback, unless they can demonstrate that shot containment will be improved and the surface danger zone will be reduced in size.
3. 
Access. Access to the shooting range and shooting range shall be secured and controlled, with ingress and egress permitted only during approved operating hours, except for access to perform routine maintenance or other business that does not involve discharge of firearms.
4. 
Hours of Operation. The shooting range shall be allowed to operate between 8:00 a.m. to one-half hour before sunset Monday through Saturday and from noon to one-half hour before sunset on Sundays.
5. 
Shot Containment. The shooting range shall be designed to contain all of the bullets, shot or other projectiles or any other debris within the shooting range.
6. 
Noise. For new shooting ranges, noise levels measured at the property line where the shooting range is operated or, in the case of leased land, at the property line of any leased parcel, shall not exceed 65 dBA when said property line is located within 1,000 feet of an occupied dwelling. For existing shooting ranges, noise shall be mitigated where practicable and subject to the limitations of 30-A M.R.S.A.3011, as it may be amended, regarding existing shooting ranges. Firearm types that have not previously been used at the shooting range shall not produce noise that exceeds 65 dBA at the property line.
7. 
Lead. Shooting range facilities shall provide a plan using best management practices for lead management which meets or exceeds EPA lead management guidelines.
8. 
Warning Signs. Warning signs meeting or exceeding the standards set forth in the NRA Range Source Book shall be posted at 100-foot intervals along the entire perimeter of the shooting range and along the entire perimeter of the property boundary in the same intervals.
9. 
Maintenance. Shooting range facilities shall be operated and maintained in a manner that shall meet or exceed the standards specified in the NRA Range Source Book.
10. 
Safety Design. Shooting range facilities shall meet or exceed the design standards for general and utility type of range specified by the NRA Range Source Book, unless otherwise specified in this section.
11. 
Insurance. The shooting range shall be covered by a minimum $1,000,000 per occurrence of liability insurance. Such insurance shall name the Township as an additional insured and shall save and hold the Township, its elected and appointed officials, and employees acting within the scope of the their duties harmless from and against all claims, demands, and causes of action of any kind of character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on or its agents or representatives. The Township shall be notified of any policy changes or lapses in coverage.
[Ord. #7/15/74; Ord. No. 2017-1675]
See Chapter 10 Fees and Permits.
[Ord. #7/15/74; Ord. #583-81; Ord. No. 2017-1675]
Every such license shall remain in force and be valid for one year from the date of issue thereof. It shall apply only to the person to whom granted, and shall not be transferable without the consent of the Township Committee.
[Ord. #7/15/74]
As used in this section:
TAXICAB
Shall mean any passenger vehicle with a capacity of up to six persons which is for hire to transport persons from place to place.
[Ord. #7/15/74]
This section shall apply to the operation of taxicabs, solely within the township and from within the township to destinations outside thereof.
[Ord. #7/15/74]
a. 
The owners shall obtain a permit for the operation of each taxicab from the township clerk upon proper certification and the payment of a fee. The permit shall run from July 1 to June 30 of the following year. All owners must be over the age of 18 and possess a valid New Jersey driver's license.
b. 
Any operator of a duly licensed taxicab shall also be licensed by the township clerk upon certification and the payment of a fee. The term of this license shall also run from July 1 to June 30 of the following year. All owners must be over the age of 18 and posses a valid New Jersey driver's license.
c. 
Fees. (See Chapter 10.)
[Ord. #7/15/74; New]
Each taxicab shall be insured in the following minimum amounts:
a. 
Personal injury for one person, $250,000; and for more than one person, $500,000.
b. 
Property damage, $50,000.
c. 
Uninsured motorist coverage in such amounts as shall be fixed by statute at the time of application.
[Ord. #7/15/74]
Each vehicle shall be properly registered and shall have a current motor vehicle inspection sticker. The safe passenger limit shall be determined by the chief of police and so noted on the vehicle permit.
[Ord. #7/15/74]
a. 
The owner shall provide proper phone service so that contact can be made by possible customers.
b. 
No cruising for pickups shall be permitted.
c. 
The establishment of a taxi stand shall not be permitted within the township unless specifically authorized by ordinance.
d. 
Taxicabs shall be maintained in good repair and in a clean and neat condition.
e. 
All taxicabs shall be marked on the exterior to properly designate their service.
f. 
The driver shall see that the taxicab license and his operator's license together with the approved rate schedule are displayed in full view of the passengers.
g. 
No person or persons other than the passengers being transported for hire shall be allowed in or about the taxicab while under hire.
h. 
The driver shall operate the vehicle in a safe and careful manner to safeguard the safety and comfort of the passengers.
[Ord. #7/15/74]
a. 
The fees charged shall be determined by an approved meter according to the following schedule:
First mile
$0.50
Each additional 1/8 of a mile
$0.05
Each extra passenger
$0.25 per trip
b. 
The operator may accept fares to designations outside the township on a lump sum basis if agreed to by both parties prior to the trip.
c. 
No person carrying a handbag or valise shall be charged extra for the same. Luggage or parcels in excess of this shall be subject to prior agreement by both parties.
d. 
Upon request of passenger, the operator shall furnish a receipt stating trip origin and destination, date, fee charged and operator's name.
e. 
The driver shall not be expected to wait over five minutes beyond the contracted time to pick up the passenger, and may charge $0.25 for each additional five minutes, after so notifying the prospective customer.
[Ord. #7/15/74; Ord. #610-82]
No hawker, peddler, solicitor, or canvasser, except any person honorably discharged from the military services of the United States, possessing a peddler's license issued pursuant to N.J.S.A. 45:24-9 shall operate in the township without first obtaining a license therefor in compliance with the provisions of this section.
[Ord. #7/15/74; Ord. #610-82]
A HAWKER, PEDDLER, SOLICITOR OR CANVASSER
Is defined as any individual, whether a resident of the Township of Hopewell or not, traveling either by foot, automobile, motor truck, or any other type of conveyance, from place-to-place, from house-to-house, or from street-to-street, taking or attempting to take orders for sales of goods, wares and merchandise, personal property of any nature whatsoever for present or future delivery, or for services to be furnished or performed in the present or future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses, or occupies any building, structure, apartment, shop, or any other place within the township for the sole purpose of exhibiting samples and taking orders for future delivery.
[Ord. #7/15/74; Ord. #610-82]
Application shall be made to the chief of police in writing on a form promulgated by the chief of police, which shall include the following information:
a. 
Name and description of the applicant;
b. 
Permanent home address and full local address of the applicant;
c. 
A brief description of the nature of the business and the goods or services to be sold;
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
e. 
A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;
f. 
The fingerprints of the applicant;
g. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
h. 
Payment of a nonrefundable license fee upon submission of the application.
[Ord. #7/15/84; Ord. #610-82]
See Chapter 10.
[Ord. #7/15/84; Ord. #610-82]
a. 
Upon receipt of such application, the chief of police shall cause an investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
b. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the township clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
c. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a license addressed to the applicant for the carrying on of the business applied for and return said license, along with the application to the township clerk, who shall deliver to the applicant his license.
d. 
The township committee shall be notified of the issuance of each license.
[Ord. #610-82]
a. 
Licenses issued under the provisions of this section may be revoked by the township committee of the Township of Hopewell after notice and hearing, for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for license;
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as a hawker, peddler, solicitor or canvasser;
3. 
Any violation of this ordinance;
4. 
Conviction of any crime or misdemeanor involving moral turpitude; or
5. 
Conducting the business of hawking, peddling, soliciting, or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
b. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of such complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five days prior to the date set for hearing.
[Ord. #610-82]
Any person aggrieved by the action of the chief of police in the denial of a license shall have the right of appeal to the township committee. Such appeal shall be taken by filing with the clerk of the township, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The township committee shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant by regular mail at least five days prior to the date set for the hearing. The decision and order of the committee on such appeal shall be final and conclusive.
[Ord. #610-82]
All licenses issued under the provisions of this section shall expire on the 31st day of December in the year when issued.
[Ord. #7/15/74]
No transient merchants or itinerant vendor, as defined in N.J.S.A. 45:24-1, shall operate in the township unless he shall have first been licensed by the township committee unless excluded by statute.
[Ord. #7/15/74]
Application shall be made to the chief of police in writing and as prescribed by N.J.S.A. 45:24-1, et seq., and the applicant shall be subject to all the requirements thereof.
[Ord. #7/15/74]
The township committee shall constitute the licensing officer. The township clerk shall constitute the agent for service.
[Ord. #7/15/74]
As provided in Chapter 10.
[Ord. #430]
By reason of prior use, certain quarrying operations are presently being conducted within the township. The nature, extent and intensity of such operations are such as to have progressively impaired the intent and purpose of the zone plan and the zoning ordinance, depreciated the value and enjoyment of neighboring properties and caused discomfort and annoyance to persons living in the environs of such operations. The method of operation, the absence of rehabilitation practices and the failure to control the impact of quarrying operations on the environment have resulted in impairment of the general welfare, hazard to public health and safety and a reduction in the use and enjoyment of the areas surrounding such operations.
It is the intent of this section to regulate quarrying operations within the Township of Hopewell in such manner as to minimize the deleterious effect of quarrying operations in the areas hereinabove recited.
[Ord. #430]
It shall be unlawful for any person to conduct the business of quarrying within the township without first having obtained a license therefor in the manner hereinafter set forth.
[Ord. #430]
An applicant shall annually apply for a quarrying license upon forms approved by the township clerk. The application shall be signed and verified by the applicant and shall set forth or be accompanied by a site plan prepared in accordance with the provisions of H.T. 17:21. It shall be submitted to the township clerk for reference to the township planning board. The site plan shall include a site layout, plan of construction, topographic details and such other information and material as are required to indicate the full scope of the quarrying operation. In addition to the data required in H.T. 17:21, the site plan and any supporting plans or documents shall accurately show, to scale where applicable, the following:
a. 
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; or if a corporation, the name, date and State in which it was incorporated, whether authorized to do business in New Jersey, the names of directors, principal officers and local representatives, their residence and business addresses.
b. 
Information showing the ownership of the tract involved and the written consent of the owner thereof if the applicant is not the owner.
c. 
Topographic detail adequate to show existing and proposed grading of the land.
d. 
Plans showing a complete layout of operations, the places on the tract where quarrying and accessory uses shall be conducted, all entrances or exits and fences or gates erected or to be erected.
e. 
Plans for the ongoing rehabilitation of the property in question showing how it may be restored to a productive use after the mining operations are completed, in keeping with the master plan adopted for the township. Such plans shall indicate measures to be taken during the course of the operation which will rehabilitate the site, and show the ultimate plans for rehabilitation and shall include the following provisions:
1. 
Where topsoil is removed, provision shall be made for the setting aside and retention on the premises of sufficient arable soil to be redistributed over the premises in accordance with the site plan.
2. 
To the extent practicable, the rehabilitation plan shall make provision for simultaneous excavation and rehabilitation of the site to the extent that not more than the face of the quarry areas of 50 acres or more each are in operation at one time and that restoration of one of these areas will be commenced prior to the opening of a new area of operation. The owner may operate three faces simultaneously during the years when a new bench is being constructed. Overburden may be moved outside the quarry zone provided it is placed pursuant to the approved site plan and further has the approval of the township administrator.
3. 
The foregoing provisions shall also apply to the rehabilitation and restoration of other areas where the quarrying of rock is in process or has been terminated or where stone or other material is being or has been removed such as, but not limited to, the case in any road realignment program.
4. 
Provision shall be made for performance and thereafter maintenance guarantees by the applicant sufficient to insure the completion of the rehabilitation plan or parts or stages thereof.
5. 
To the extent feasible the specific time limits which planned reclamation shall be commenced and terminated as to the entire rehabilitation/reclamation plan or any stage or part thereof.
6. 
Rehabilitation shall include the creation of berms or mounds to be constructed, with available overburden material on premises, at such locations and in such dimensions as will enable the reduction of noise, dust and visual impact of quarrying operations to the fullest extent practicable and feasible. All such berms or mounds shall be planted with suitable plantings to assure reasonable growth.
7. 
The rehabilitation plan shall coordinate all rehabilitation phases with operating phases so that, as far as is possible and practical, the rehabilitation of any area of the quarry site shall occur during and immediately after that area's being phased out of active quarry operations. Such plan shall provide specifically for phase-by-phase coordination of activities in each of the following categories:
(a) 
Overburden treatment including initial temporary stockpiling, creation of berms and spreading.
(b) 
Anti-erosion strategies, including seeding, soil redistribution and other techniques.
(c) 
Planting of seedlings in stabilized areas in accordance with State recommendations.
(d) 
Planting final ground cover material where appropriate.
(e) 
Initial and final planting on all benches.
f. 
Site plans shall include the nature, location and phasing of a screening plan to minimize the visibility of quarry operations to neighboring residents and persons utilizing adjacent roadways. The owner shall, where feasible, provide effective visual screening of quarry operations. In those areas of the quarry where fully effective visual screening is not feasible, the owner shall make every reasonable effort through screening to minimize the visual impact of quarry operations to neighboring residents.
The design for such screening/buffer strip shall utilize existing land contours, artificially created berms, natural vegetation on site and plant material not presently on site, all of the above to be supplied and/or maintained by the owner. Elements of the screening/buffer strip design to be submitted by owner shall be as follows:
1. 
In those areas where natural contours of the land provide effective visual screening, the design shall generally describe existing plant material and, if necessary, indicate methods of preventing erosion through planting of ground cover material.
2. 
In those areas where existing land contours do not in themselves provide adequate screening, the design shall indicate the use of berms or plantings to provide effective visual screening, or, where effective visual screening is not feasible, to minimize the visual impact of quarry operations.
The owner shall adequately maintain the screening/buffer strip at all times as a continuing obligation.
Where required all planting shall be completed within two years from the date of approval of license application; provided, however, that if the planning board specifically approves, planting may be completed later than two years from the date of license application, but not later than one year from time ground is ready for planting by having stabilized.
[Ord. #430; Ord. #561-80]
a. 
Recommend and Advise. The planning board shall review the site plan and such other data as is submitted therewith and thereafter, within 60 days, recommend the grant or denial of the license to the township committee. The planning board shall consult with the Shade Tree Advisory Committee and the township engineer, and shall have full power and authority to make such other investigations as shall be pertinent to the preparation of its recommendation.
b. 
Procedure and Recommendation.
1. 
In the event that the planning board shall recommend the grant of the license in accordance with the site plan and other data submitted by the applicant, the township engineer shall calculate the estimated cost of the improvements based on current competitive prices for similar work in the area. If the township committee has approved the grant of a license, the township clerk shall upon the filing of performance and maintenance guarantees in the amount as determined by the township engineer and upon the execution of a written agreement with the township to perform the rehabilitation work and maintenance required by the approved site plan for the ensuing year, and upon payment of a license fee, issue the license forthwith.
2. 
Nothing herein contained shall be deemed to preclude the applicant's changing the site plan or binding itself to conform to the specific recommendations of the planning board and in the event of such conforming change or guarantee and approval by the township committee, the township clerk shall issue the license forthwith.
3. 
As a condition of issuance or renewal of any license, the applicant shall file appropriate certificates of insurance to establish the existence of a general liability insurance policy issued by a company licensed to do business in New Jersey, in amounts of $2,000,000 for personal injury, and $2,000,000 for property damage. Such policy shall be maintained for the period of the license and any renewal thereof.
c. 
Renewal of License. Upon application for renewal the applicant shall not be required to resubmit a site plan but shall in writing:
1. 
Indicate only those changes or differences which have taken place or occurred since its last application.
2. 
Set forth those changes in performance or maintenance guarantees required by actual performance or changed conditions. No changes shall be made to the operating plans, rehabilitation plans or other operations set forth in previously approved licenses unless the planning board specifically approves such changes.
3. 
Set forth fully all rehabilitation and similar operations which have been completed during the past year.
4. 
File performance and maintenance bonds in an amount determined by the township administrator to be sufficient to cover the cost of the rehabilitation work required by the initially approved site plan, as officially amended from time to time, to be performed during the ensuing year and maintenance of improvements during said year. In addition to filing performance and maintenance bonds, the applicant for renewal shall annually enter into a written agreement with the township to perform the rehabilitation work and maintenance required by the approved site plan for the ensuing year.
5. 
In the event of a dispute as to the amount of the performance and maintenance bonds or the rehabilitation work and maintenance required by the approved site plan for the ensuing year, nothing herein shall be construed to limit the right of the applicant to contest by legal proceedings any determinations made by the township administrator or other municipal agency.
6. 
Be subject in all other respects to the procedure set forth above.
d. 
Action by Township Committee.
1. 
In the event the planning board shall recommend a denial of the grant of a license, the township clerk shall inform the township committee and shall set the matter down for an advertised public hearing within 60 days of the date of the negative recommendation, which hearing shall be held by the township committee.
2. 
The applicant upon notice of the date of hearing, shall notice all persons within 200 feet of the quarry zone within the time and the manner provided by H.T. Section 17:13-1.
3. 
The township committee shall, upon such hearing, give the applicant an opportunity to be heard and shall determine the matter no later than at its next regular meeting. In the event that the township committee shall direct the issuance of a license or impose other or materially different conditions upon its grant than appear in the recommendations of the planning board, it shall do so only upon the vote of a majority of its full membership.
[Ord. #430]
As in Chapter 10.
[Ord. #430]
a. 
The quarry operator shall fully and completely carry out the operations and procedures set forth in its subsisting site plan and supporting data.
b. 
Off-street parking space shall be provided for each employee on the maximum work shift plus one parking space per visitor for the maximum number of visitors expected at any one time, however, the latter requirement shall in no case be less than 10 visitor parking spaces.
c. 
The roads or rights-of-way within the quarry premises which do not have permanent macadam surfaces shall be treated with road oil as is determined to be necessary by the township engineer. Those roads or rights-of-way which are permanently paved shall be wetted down periodically to sufficiently control dust or spillage.
d. 
All explosives must be handled strictly in accordance with State statutes and regulations.
e. 
Processing areas shall be maintained in the safest practicable condition at all times. In no case shall permitted processing menace the physical safety of persons or property on public streets or adjoining properties.
f. 
A fence shall be erected around the entire quarry area to be located at least 50 feet from the quarry boundary line and at least 50 feet from any excavation contained within such fence. This fence shall be of woven wire or the chain link type at least six feet high and any entrance or exit through the fence shall be by means of gates of equal height. Such gates shall be locked shut when not in actual use. This fence shall have three strands of barbed wire placed on top of same. In locating the fence the owner shall give due regard to available screening and to minimizing disturbance of plantings and may apply for a waiver from the planning board of the 50 feet setbacks if necessary to meet these objectives.
Construction of fence may be staged over a period not exceeding two years from date of approval of application for license.
g. 
Land clearing and the removal of overburden shall not proceed more than 200 feet in advance of the quarry face. Provision shall be made for the disposal of any waste products resulting from any of the mining operations on the premises thereof and a landfill cover method shall be employed periodically to accomplish that result.
h. 
Where conveyors discharge material the average size of which is less than 3/8 of an inch in diameter onto stockpiles of such materials, the following shall be adhered to:
1. 
The free fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall not exceed a distance of 10 feet.
2. 
A high pressure mist water spray shall be directed on the material as it falls from the conveyor to the stockpile so as to reduce possibilities of dust.
3. 
Where screenings are stockpiled, same shall be enclosed within a building or structure. For purposes of this subparagraph, stockpiling shall mean piles of screening in excess of 30 feet in height. Screenings which are not stockpiled shall be wetted down as required by the township administrator to reduce possibilities of dust or particles.
4. 
In the event other and equally effective methods of dust reduction can be employed in conveyor operations, they may be used by the licensee provided the same are approved in writing by the township administrator.
i. 
All quarry operations, principal and accessory, shall comply with all applicable requirements of the New Jersey Air Pollution Control Code, New Jersey Administrative Code, Title 7, Chapter 27 and the New Jersey Noise Pollution Code, Title 7, Chapter 29, promulgated by the New Jersey Department of Environmental Protection. The township may enforce the State standards, rules and regulations as they may be promulgated.
j. 
The owner shall supply and install appropriate equipment for and seismographic readings shall be taken by authorized quarry personnel of each primary blast of a charge of 500 pounds or greater of explosives. These readings shall be taken on a pad designated and approved by the township administrator.
k. 
The township clerk shall be notified 24 hours in advance of any scheduled blasting time and the scheduled blast reconfirmed one hour in advance of actual blasting time. After each blast a copy of the seismography report shall be forwarded to the township clerk within 10 days or, if not then received, contemporaneous with its forwarding to designated State authorities. The report shall give:
1. 
Copy of the seismic reading, kind of blasting cap, distribution of instantaneous or short period delay blasting caps or both, delay interval used and the order of firing.
2. 
Maximum amount of explosives per delay.
3. 
Weather conditions including the direction and approximate velocity of wind, atmospheric temperature, relative humidity and cloud conditions.
4. 
Date and time of firing blast.
5. 
Name of the responsible person in charge of loading and firing, and blasting permit number.
6. 
Name and location of quarry or construction site.
7. 
Signature of blaster making the report.
l. 
All quarries shall work the face by a multiple bench method with the height of the face not exceeding 50 feet, provided that in circumstances where the surface topography influences the height of the uppermost bench, the height shall not exceed 65 feet unless the same has been validly waived by the Bureau of Engineering and Safety or other designated State authority.
m. 
Hours of Operation.
1. 
Quarrying and related activities are prohibited on Sundays; New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
2. 
Quarrying operations are restricted to the hours of 7:00 a.m. to 5:00 p.m.; provided however, that an asphalt or concrete plant may be warmed at 6:30 a.m.
3. 
Anything to the contrary herein notwithstanding, where a particular job requires deliveries earlier than 7:30 a.m. or later than 5:30 p.m. or when stone must be processed in order to keep pace with demand, an asphalt or concrete plant may be warmed up at 6:00 a.m. and commence operation at 6:30 a.m., quarry operations, (other than crushing, blasting and stripping) may commence at 6:30 a.m. and quarry operations (other than blasting and stripping) may continue until 7:00 p.m. upon notification to the township administrator of the circumstances requiring such hours of operation. When required, the quarry operator shall provide in advance satisfactory written justification of the existence of the circumstances requiring earlier or later hours of operation.
4. 
Igniting of explosives commonly known as blasting is restricted to the hours of 9:00 a.m. to 5:00 p.m. and stripping is restricted to the hours of 8:00 a.m. to 5:00 p.m.
5. 
Nothing herein contained shall be deemed to prevent the emergency maintenance of equipment.
[Ord. #430]
a. 
The township administrator, the zoning officer or the designees of either such official shall have the right to enter upon quarry premises at any time for the purpose of making inspections upon reasonable notice and to determine the conditions of safety and compliance with the provisions of this chapter. Whenever such inspections are conducted during the actual operation of the quarry, it shall be the duty of the operations manager or such other person as is in charge of operations at the site to stop such operations as may hinder the inspection or hazard the person making the same. It shall further be the duty of the operations manager or such other person as is in charge of operations at the site to cooperate fully with such person as is making or conducting any inspection.
b. 
The township administrator or his designee shall, when directed by the township committee, periodically inspect the quarrying operations and report in writing to the township committee respecting compliance with this section and rehabilitation progress on the site.
[Ord. #430]
a. 
Upon complaint of the township administrator, the chief of police or the zoning officer, the township committee may revoke or suspend any license issued pursuant to this section. No suspension or revocation shall be ordered except upon 10 days' notice of the complaint to the licensee and an opportunity to be heard. Suspensions or revocation shall only be ordered after a finding by the township committee that:
1. 
The licensee is in violation of one or more provisions of this section, or
2. 
A performance or maintenance guarantee has lapsed or is void, or
3. 
The conduct of the quarrying operation is such as to materially impair the health, safely or welfare of persons on the site or persons in the areas immediately surrounding the quarrying operations, or
4. 
Quarrying operations are being so conducted as to cause material physical damage to properties or structures beyond the boundaries of the licensee's premises.
b. 
The township committee shall have the power, in addition to the foregoing, to stay or relieve from any suspension or revocation in the event that the license hearing shall have remedied the offending operation or ceased the violation within a stipulated period of time after hearing and order.
[Ord. #430]
a. 
Any operator of a quarry or any agent, servant or employee of such operator or any person directly or indirectly connected with a quarrying operation who shall violate any provision of this ordinance, shall upon conviction be liable to the penalty stated in Chapter 3, section 3-1, and each day such violation continues, shall be determined a separate offense. Further, the zoning officer of the township or any other interested party as defined in N.J.S.A. 40:55D-4, may, in addition to the other remedies provided in this section, institute appropriate actions or proceedings to restrain, correct or abate violations of this section.
b. 
The penalties set forth in paragraph a above shall be in addition to any suspension or revocation which may be imposed pursuant to subsection 4-11.8.
[Ord. #430]
Nothing herein contained shall be deemed to enable new or additional quarrying uses or operations within the township, nor to validate such uses as may have been abandoned, nor to permit the extension of any existing prior nonconforming use, either directly or by implication.
The township committee may, at its option, authorize the issuance of a license to conduct a raffle on a Sunday.
[Ord. #2016-1620]
The Municipal Clerk is hereby authorized and delegated the authority to approve the granting of raffle and bingo licenses to be held in the Township of Hopewell.
[Ord. #602-81]
A license must be obtained for the take-off, landing, or other operation of a balloon within the township. Such license shall be issued for a period of one year.
[Ord. #602-81]
The following words and terms, when used in this section shall have the stated meanings unless the context clearly indicates otherwise:
a. 
ACCIDENT – Shall mean any damage or injury resulting from the operation of a balloon or activities held in connection with ballooning; to include any personal injuries and any property damage in excess of $25, caused by contact with the balloon, or materials released, dropped or thrown from the balloon; and damages caused by domestic animals frightened or alarmed by the balloon either to themselves or other animals, persons or property.
b. 
BALLOON – Shall mean an aircraft whose lift is derived from the buoyancy of hot air or certain gases and is not engine driven.
c. 
BALLOONING – Shall mean the preparation, flight and recovery of balloons, operated in a manned, free-flight, or moored or tethered condition.
d. 
BALLOONIST – Shall mean an individual operating a manned, free-flight or moored or tethered balloon.
e. 
BALLOONPORT or BALLOONSPOT – Shall mean any area of land, or water, licensed for the take-off of a manned, free-flight balloon used for commercial purposes.
f. 
COMMERCIAL BALLOONIST – Shall mean any balloonist operating for commercial purposes, including but not limited to carrying people, goods or materials, banners, advertising material with the expectation of making a profit therefrom by having charged fees for the service.
g. 
DAMAGE – Shall mean any and all injury to persons, livestock, and/or damage to property causing a loss in value or reduction in value of cultivated fields, or damage to crops or seeded fields, standing grain fields, so as to kill or injure the plantings, to destroy the product of the plant, to hamper cultivation of the crop or harvest of the crop or to so injure the commercial planting so as to reduce its yield to the farmer or farm owner, and thereby reduce its value.
h. 
FREE FLIGHT – Shall mean the act of flying a manned balloon which is not tethered to the ground.
i. 
MOORED OR TETHERED FLIGHT – Shall mean the act of operating a balloon secured to the ground by sufficient and suitable means to permit vertical movements where no intention of launch into free-flight exists. A tethered balloon is a potential free balloon.
j. 
NONCOMMERCIAL TAKE-OFF SITE – Shall mean any area of land or water of dimensions not less than required minimums for a balloonspot approved by the municipal construction official for the take-off of manned, free-flight or manned or tethered balloons used in private noncommercial operation.
k. 
SPORTS BALLOONIST – Shall mean any balloonist operating for sport purposes, but not as a commercial venture or for hire.
[Ord. #602-81]
A completed application for such license and any renewal thereof, shall be submitted on an approved form to the township clerk at least 10 days prior to the next regular meeting of the township committee at which the applicant wishes the application to be considered. The application shall include the following, either within the body of that form or as an attachment thereof:
a. 
A copy of the current valid balloon pilot's license which was obtained in accordance with Federal regulations. The pilot's license must be continued in effect during the period of the license issued under this section. Should the balloon pilot fail to maintain a valid balloon pilot's license, or should such license be revoked, the permit issued under this section shall be returned to the township clerk for cancellation.
b. 
The application shall include the following:
1. 
Commercial balloonists and/or commercial operations:
(a) 
Takeoffs: Identification and location of the balloonport(s) or balloonspot(s) licensed in accordance with N.J.A.C. 16:54-6.1 which will be used by the balloonist for the purpose of ascending from the ground.
(b) 
Landings: Identification, location and written approval received from the owner(s) and/or lessee(s) of the properties which will be used by the balloonist for the purpose of descending upon the ground.
2. 
Sports balloonists or activities:
(a) 
Takeoffs: Identification, location and written approval received from the owner(s) and/or lessee(s) of the properties which will be used by the balloonist for the purpose of ascending from the ground.
(b) 
Landings: Identification, location and written approval received from the owner(s) and/or lessee(s) of the properties which will be used by the balloonist for the purpose of descending upon the ground.
c. 
A declaration that no person shall board or disembark from a balloon nor shall there be any loading or unloading of any equipment, cargo, or other material or supplies from a balloon which is being operated as or for the purposes of: (1) Commercial balloonist and/or commercial operations; while on property not licensed as a balloonport or balloonspot in accordance with N.J.A.C. 16:54-6.1; (2) Sports balloonists or activities; while a property not licensed as a balloonport/balloonspot in accordance with N.J.A.C. 16:54-6.1, unless previous written approval for take-off or landing has been received from the owner and/or lessee of the property which will be used by the balloonist, and which approval has been filed as part of the application for license under subsection 4-12.1.
d. 
A certificate of insurance evidencing compliance with subsection 4-12.19 of this section and which recites the requirement that if the policies of insurance coverage are cancelled or changed in such manner as to affect the certificate, the insurance carrier will notify the township of any such change or cancellation 10 days in advance of the date wherein such cancellation or material change becomes effective.
[Ord. #602-81]
a. 
The provisions of this section pertaining to the regulation of balloon operations shall be construed to effectuate the purpose of securing the property rights, health and safety of persons hereby affected.
b. 
If any portion, subparagraph or provision of this section shall be declared to be unconstitutional, invalid or inoperative in whole or in part, by a court of competent jurisdiction, such portion, subparagraph or provision shall, to the extent that it is not unconstitutional, invalid or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the portion, subparagraph or provision of the ordinance.
[Ord. #602-81]
[Ord. #602-81]
The following shall be considered as in violation of this section:
a. 
Failure to obtain a license in accordance with this section.
b. 
Operations other than as prescribed in subsection 4-12.10 et seq.
c. 
Violating, and/or failing to comply with any terms and/or conditions of this section, the license obtained hereunder or the rules and regulations of the State of New Jersey set forth in N.J.A.C. 16:54-6.1.
[Ord. #602-81]
Penalties for violations of this section shall be those provided under Chapter 3, section 3-1 of the Township of Hopewell Ordinances.
[Ord. #602-81]
A commercial balloonist shall submit to the township clerk a description (photograph) and Federal registration number of each balloon to be used by that operator.
[Ord. #602-81]
A sports balloonist shall submit to the township clerk a description (photograph) and Federal registration number of each balloon to be used by that operator.
[Ord. #602-81]
No license shall be issued under this section which recites the intended use of any balloonport, balloonspot for take-off and/or landing unless such balloonport, balloonspot has been approved by the municipal construction official of the Township of Hopewell as meeting the requirements set forth in N.J.A.C. 16:54-6.4(A.I.)ii.
[Ord. #602-81]
It shall be unlawful for any commercial balloonist to take off from any location, other than a balloonport or balloonspot duly licensed by the State of New Jersey, Department of Transportation, in accordance with N.J.A.C. 16:54-6.1 et seq.
It shall be unlawful for any sports balloonist to take off from any site other than a balloonport, balloonspot or noncommercial take-off site.
[Ord. #602-81]
It shall be unlawful for any balloonist to land upon the lands, or waters, of another or to allow persons to board or disembark for transfer purposes unless such balloonist has previously obtained the specific assent and written approval of the landowner and/or lessee.
This requirement shall not apply in cases of forced landings, under subsection 4-12.15.
[Ord. #602-81]
No balloon shall be operated between the hours of 11:00 p.m. and 7:00 a.m.
[Ord. #602-81]
No balloon shall be operated below 500 feet above the ground, except upon landing and take-off. No balloon shall take-off or land within 500 feet (measured horizontally) of residential structures, outbuildings, etc.
[Ord. #602-81]
In cases of forced landings, wherein exists a condition provoking imminent peril, the operator must report the emergency landing to the township police department. The aircraft must remain on the site and may not take off or be removed until arrival and full investigation by the police department and such State officials as are required in accordance with State of New Jersey regulations.
Landing for refueling and transfer of passengers is not considered a forced landing, but is subject to the restrictions of subsections 4-12.11 and 4-12.12.
[Ord. #602-81]
Unnecessary noise by operators, or passengers, of the balloons is prohibited.
[Ord. #602-81]
The operator must maintain a record or log of each flight which provides the following minimum information:
a. 
Number and identity of crew and passengers.
b. 
Duration of flight.
c. 
Location and time of take-off.
d. 
Location and time of landing.
e. 
Any malfunction of or damage to balloon and its equipment.
f. 
Any injury to persons or damage to property caused by the operation of the balloon.
[Ord. #602-81]
Any license granted by the township under this section may be revoked by the township committee for violation of any provision of this section or any other township ordinance upon notice to the licensee.
[Ord. #602-81]
a. 
Insurance Required. Any person who operates, or causes to be operated, a balloon, including takeoffs and landings from or to any point in the township, shall maintain insurance against injury to persons and damage to property caused by the operation of that balloon or any act or omission of the operator, his agents or employees in the course of that operation. The insurance shall protect against all hazards likely to arise in connection with the operation of the balloon and shall provide public liability and property damage coverage, a single limit not less than $500,000. The insurance shall be issued by a company licensed to do business in New Jersey and shall be maintained or otherwise remain in force for the period of the license and any renewal thereof.
b. 
Certificate of Insurance. The operator shall cause the insurance carrier to issue a certificate of insurance to the township indicating the types and amounts of coverage in force and the expiration dates of such policies.
c. 
An appropriate letter providing details of the insurance coverage or an insurance identification card shall at all times be in the possession of the operator of any balloon operated from a balloonport or balloonspot or above land in the township. A letter or identification card shall include the name and address of the insurance company, amount and dates of coverage, and names and registration numbers and descriptions of balloons insured.
d. 
The operator of a balloon shall exhibit the insurance document prescribed in paragraph c above when requested to do so by any police officer, or magistrate, while in the performance of the duty of their office.
[Ord. #602-81]
The operator of a balloon shall not fail to properly identify himself upon request.
[Ord. #602-81]
As provided in Chapter 10.
[Ord. #11-1538, § 1]
The purpose of this section, requiring landscaper registration, is to ensure that persons engaged in landscaping for hire in the township are cognizant of the township's regulations concerning yard waste. Nothing in this chapter shall relieve any owner, lessee or tenant of his or her responsibility to comply with the requirements of the township's yard waste program set forth herein.
[Ord. #11-1538, § 1]
As used in this section the following words and phrases shall have the following meaning, unless otherwise noted:
FOR HIRE
Shall mean to demand and/or accept payment or compensation for completion of services.
HEDGES, TREES AND SHRUBS
Shall have the same meaning as yard waste as set forth in Section 3-20 of this code.
LANDSCAPE AND LANDSCAPING
Shall mean to be in the business, occupation or trade of adorning or improving any property or portion of property by trimming or cutting grass or shrubs; by planting, installing or removing leaves, branches, logs, grass, flowers, mulch, hedges or shrubs; or by planting or installing trees. As used in this section, landscape and landscaping shall also refer to solicitation of the above-referenced services.
PERSON
Shall mean any individual or entity whose existence is recognized by law, including, but not limited to, any partnership, corporation (for-profit, nonprofit, or municipal and its agencies), firm, association, or any combination of the foregoing.
[Ord. #11-1538, § 1]
No person shall landscape or engage in any landscaping on any public or private property within the township, for hire, without first completing an application to register with the superintendent of public works.
a. 
At the time of registration, applicants shall sign an acknowledgment that they have received a copy of and will comply with the provisions of the township's ordinance regulating its yard waste program.
b. 
Every registration shall be issued and renewed on an annual basis, effective March 1 of each year, upon payment of an annual fee to the township in the amount set forth in Chapter 10 of the Revised General Ordinances of Hopewell Township.
c. 
No registration shall be required of any owner, lessee or tenant of real property who shall personally perform activities otherwise requiring a registration; except that all such work must otherwise comply with the township's ordinance.
[Ord. #11-1538, § 1]
a. 
The township committee may, upon recommendation of the township engineer or township public works director or any designee, after notice and an opportunity for a hearing, suspend or revoke any registration for violation of law or related township ordinances, or for good cause, which is shown to be detrimental to the public health, safety or welfare. When the township engineer or township public works director or any designee, has reasonable cause or belief that an emergency affecting the public health, safety or welfare so requires, said official may temporarily suspend any registration for a period not to exceed two weeks or until the township committee can be convened to consider said suspension.
b. 
The township makes no guarantee or representation regarding the fitness, knowledge or qualification of any person that is registered by the township to engage in landscaping for hire.
[Ord. #11-1538, § 1]
Persons registered are encouraged, but not required, to either compost yard waste themselves in accordance with applicable laws, or bring yard waste to an ecological facility (facility) that may be designated by the township for disposal. At the time of taking yard waste to a specific facility for disposal, such persons shall provide their name and registration number, along with the resident's name, address and signature, to the facility on forms for such purpose available in the office of the superintendent of public works.
[Ord. #11-1538, § 1]
a. 
Home improvement contractors registered pursuant to N.J.A.C. 13:45-17.1 et seq. on or after December 31, 2005, shall not be required to register with the township as set forth in this section.
b. 
Persons who are specifically exempt from the registration requirements of N.J.A.C. 13:45A-17.1 et seq. under N.J.A.C. 13:45A-17.4 on or after December 31, 2005, shall not be required to register with the Township as set forth in this section.
[Ord. #11-1538, § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth in Chapter 3 Law Enforcement Regulations of the Revised General Ordinances of the Township of Hopewell, except that no person found to be in violation of the provisions of this section shall be subject to imprisonment.