[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]
[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:
[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:
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:
The sound pressure level, in decibels, as measured on a precision
sound level meter on the A-weighted scale.
At any given time, the latest edition of the United States
Environmental Protection Agency's Best Management Practices for Lead
at Outdoor Shooting Ranges.
A weapon, including but not limited to pistols, rifles, and
shotguns, capable of firing a projectile using an explosive charge
as a propellant.
At any given time, the latest edition of The Range Source
Book, as published by the National Rifle Association.
Any residential structure which is legally occupied by one
or more persons.
Any individual, corporation, association, club, firm, or
partnership.
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.
An area within which the shot or pellets contained in a shotgun
shell typically fall.
A walled and roofed building that is principally above ground
or any other permanent, man-made facilities.
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.
Any object or area which is used as the intended recipient
of the projectiles fired from a firearm.
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:
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.
[Ord. #7/15/74; New]
Each taxicab shall be insured in the following minimum amounts:
[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.
[Added 9-19-2022 by Ord.
No. 22-1784[1]]
The purpose of this section is to protect the persons, property,
privacy and well-being of Township residents, and to prevent fraud.
The regulations contained in this section are intended to accomplish
this purpose by ensuring that before entering upon the properties
of residents or approaching them in their homes or businesses, all
peddlers and solicitors have a permit to do so. The regulations seek
to promote the privacy of residents by enabling them to register their
residence on a "Do-Not-Solicit" list maintained by the Township. Commercial
vendors are also required to obtain a permit to approach residents
in the streets or other public places of the Township or to work from
a stationary location in a public place.
[1]
Editor's Note: This ordinance also repealed former § 4-8,
Hawkers, Peddlers, Canvassers and Solicitors, adopted by Ord. #7/15/74;
as amended by Ord. #610-82.
[Added 9-19-2022 by Ord.
No. 22-1784]
As used in this section:
Any person providing goods or services whose normal business
involves the sale, rental, lease or provision of those goods or services.
The selling or attempted selling of goods or services by
a commercial vendor when done from a stationary location on a street
or other public place or by traveling from house to house, place to
place or street to street. A "peddler" is an individual engaged in
peddling.
The taking or attempted taking of orders by a commercial
vendor for the sale of goods or services to be delivered or performed
at a future time when done from a stationary location on a street
or other public place or by traveling from house to house, place to
place or street to street. A "solicitor" is an individual engaged
in soliciting.
[Added 9-19-2022 by Ord.
No. 22-1784]
It shall be unlawful for any individual to engage in peddling
or soliciting in the Township without first obtaining a permit. The
permit shall be common for both peddlers and solicitors and be known
as a "solicitor's permit."
[Added 9-19-2022 by Ord.
No. 22-1784]
a.
Application for a solicitor's permit shall be made to the Chief
of Police on a form promulgated by the Chief of Police, which shall
include the following information:
1.
Name, description, address or headquarters address of the person
or entity applying for the permit;
2.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all
members of the applicant's Board of Directors;
3.
If the applicant is a corporation, a certified copy of the certificate
of incorporation, together with any amendments or supplements thereto;
4.
If the applicant is a corporation, an in-state registered agent must
be identified by name and street address;
5.
If the applicant is an individual, the permanent home address and
full local address of applicant;
6.
A brief statement of the nature of the business and description of
the merchandise or service to be sold;
7.
The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the names of all promoters connected or to be connected with the
proposed sale or offer;
8.
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; and
9.
Payment of a nonrefundable license fee, as set forth in Township Code Chapter 10, upon submission of the application.
10.
If vehicles are to be used, a description of such vehicles and license
plate numbers.
[Added 9-19-2022 by Ord.
No. 22-1784]
a.
The Chief of Police shall complete, or cause to be completed, the
investigation into each applicant. For each applicant, a full fingerprinting
and a criminal background check shall be performed in accordance with
the procedures established by the Hopewell Township Police Department.
b.
No person shall be granted a permit unless the Chief of Police certifies
that the person has no New Jersey criminal history record of a conviction
for any of the following offenses, or any similar offenses in other
jurisdictions:
1.
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A.
2C:15-1 et seq.; or
2.
Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.
or N.J.S.A. 2C:25-17 et seq.; or
c.
The Chief of Police is authorized to receive criminal history record
information from the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation consistent
with applicable state and federal laws, rules and regulations. The
applicant shall bear the cost, if any, for the criminal history record
background check, including all costs of administering and processing
the check.
d.
Any person to whom a permit has been issued shall carry the same
at all times while acting as or carrying on the business of a peddler
or solicitor and shall display the same upon request.
e.
Any permit issued pursuant to this section may be revoked by the
Chief of Police or his designee for conviction of a crime of moral
turpitude, falsification of statements made in the application process,
violation of any of the terms of this section, misrepresentations
or fraudulent conduct while engaged in activities authorized by the
permit, and other unlawful activity bearing on the safety or privacy
of residents.
[Added 9-19-2022 by Ord.
No. 22-1784]
Peddling and soliciting activities shall only be permitted from
9:00 a.m. to 6:00 p.m.
[Added 9-19-2022 by Ord.
No. 22-1784]
The application and license fees for a solicitor's permit are set forth in Township Code Subsection 10-6.4, in addition to the required background check and fingerprinting fees.
[Added 9-19-2022 by Ord.
No. 22-1784]
a.
Licenses issued under the provisions of this section may be revoked
by the Chief of Police 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 section;
4.
Conviction of any crime or misdemeanor involving moral turpitude;
or
5.
Conducting the business of peddling or soliciting 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.
[Added 9-19-2022 by Ord.
No. 22-1784]
a.
All businesses and residents of the Township may register their name
and address with the Township Clerk together with a request to be
placed on a "Do-Not-Solicit" list to be maintained by the Township.
The list shall register residents who do not wish to be approached
at their residence or within the perimeter of their property by any
peddler or solicitor.
b.
It shall be unlawful for the holder of a permit to approach or seek
personal contact with the occupant of any residence either at the
residence or within the perimeter of the property if the residence
is registered on the "Do-Not-Solicit" list applicable to that permittee.
c.
Residents shall remain on the "Do-Not-Solicit" list until they request
to be removed or move from the registered address.
d.
The Township Clerk shall maintain copies of the "Do-Not-Solicit"
list and provide them to all individuals who obtain a solicitor's
permit.
e.
The Township Clerk shall also maintain copies of the list on the
Township website.
f.
The Township Clerk shall forward copies of the lists and list updates
to the Chief of Police for enforcement purposes.
g.
The Township may create a decal or sign for properties on the "Do-Not-Solicit"
list, to be placed at, on or near the primary entrance, providing
further confirmation to the solicitor that the property is a participant
on the "Do-Not-Solicit" list. The decal or sign may be purchased for
cost of up to $10 from the Township Clerk's office, such cost
to be determined by the Township Administrator.
[Added 9-19-2022 by Ord.
No. 22-1784]
Enforcement of this section, with respect to soliciting without
a permit and soliciting at residences on a "Do-Not-Solicit" list shall
be the responsibility of the Hopewell Township Police Department.
[Added 9-19-2022 by Ord.
No. 22-1784]
a.
Any person found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at Section 3-1 of this Code, except that no person found to be in violation of this section shall be subject to imprisonment.
b.
Each violation of this section shall be considered a separate violation.
Therefore, for example, if a solicitor attempts to solicit to multiple
residents on the "Do-Not-Solicit" list in a single day, each unpermitted
solicitation shall be considered a separate violation.
c.
A minimum penalty of $100 shall be imposed for all violations of
this section.
d.
Individuals who are found to have violated the provisions of this
section three times shall have their license revoked and shall not
be permitted to engage in any peddling or soliciting activities in
the Township of Hopewell.
[Added 9-19-2022 by Ord.
No. 22-1784]
The following activities shall be exempt from this section:
a.
Delivery of goods, wares, or merchandise in the regular course of
business to the premises of persons ordering or entitled to receive
same.
b.
Solicitations on behalf of members of any charitable organizations,
for any religious purpose, or on behalf of a political candidate or
activity.
c.
Any person honorably discharged from military service who has a license
under N.J.S.A. 45:24-9 et seq. Individuals who obtain such a license
shall register with the Township, but shall not be subject to the
application requirements or fees set forth in this section.
d.
Any person who is an exempt firefighter of a volunteer fire department,
as defined by N.J.S.A. 45:24-9 et seq., possessing a license in conformity
with said law. Individuals who obtain such a license shall register
with the Township, but shall not be subject to the application requirements
or fees set forth in this section.
[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.
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The owner shall adequately maintain the screening/buffer strip
at all times as a continuing obligation.
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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.
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[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 Township Engineer,
and shall have full power and authority to make such other investigations
as shall be pertinent to the preparation of its recommendation.
[Amended 9-8-2020 by Ord. No. 20-1734]
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:
[Ord. #602-81]
[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.
[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:
[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:
Shall mean to demand and/or accept payment or compensation
for completion of services.
Shall have the same meaning as yard waste as set forth in Section 3-20 of this code.
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.
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.
