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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

October 25, 2005

 

Mayor Krieg called the meeting to order at 7:00 p.m. in Township Hall, Brookside , New Jersey

 

ROLL CALL                           Present:         Mayor Krieg,  Mr. Pierson, Mr. Phelan,

                                                                        Mr. Schrier, Ms. Florek

 

                                                 Absent:

 

                                       Also Present:          Christopher Falcon, Esq., Township Attorney

                                                                        Stephen Mountain , Township Administrator

                                                                        Penny Newell, Township Clerk

 

SALUTE TO THE FLAG

 

Mayor Krieg read the following statement:

 

STATEMENT OF ADEQUATE NOTICE:  “Adequate notice of this meeting of the Township Committee of the Township of Mendham was given as required by the Open Public Meetings Act as follows:  Notice was given to the Observer Tribune and the Daily Record on January 10, 2005 ; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 10, 2005 .”

 

Richard Basta and Kurt Schmitt, representing E.I. Associates and The Mylan Architectural Group, were present to review and update the Committee on both the Brookside Firehouse and Police Headquarters projects.

 

The Firehouse project is expected to go out for bid in the Spring of 2006 with construction conceivably within one year.   The next step for the Firehouse project, once approved by the fire company and the first aid squad, is to appear before the Planning Board for site plan approval. It was suggested that perhaps it would be more cost effective for both the firehouse and police headquarters projects to be scheduled for bids at the same time with both projects possibly awarded to one contractor.   There was some discussion about widening the existing entrance into the public works property for access to the police headquarters with a separate entrance for a police employee parking lot.  The timeframe for construction of that facility is 8-9 months.

 

APPROVAL OF MINUTES -  October 11, 2005 – Mr. Schrier made a motion to approve these minutes as written;  Ms. Florek seconded the motion.  ROLL CALL – All present voted YES.

 

OLD BUSINESS

 

1.  Ordinance 12-2005 – Second Reading and Public Hearing

 

ordinance amending subsection 13-14.7 “fees for professional services rendered to municipal agencies in connection with an application for development”

 

Upon motion duly made and seconded the meeting was opened to the public.  No one present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

Mr. Pierson made a motion to adopt Ordinance 12-2005; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public.

 

George McKinnell, 28 W. Main Street :  asked if there were any agencies that have jurisdiction over police departments that would require them to have a holding cell in their headquarters.  Chief Costanza replied that there is no agency with that jurisdiction.

 

No others present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

NEW BUSINESS

 

1.  Mark Pojednic, Assistance Quartermaster for the Mendham Township Fire Aid Squad, gave a presentation to the Committee in which he asked for their support for offering the 1996 ambulance for sale to a small town in Maine once a replacement for that vehicle has been acquired.  He noted that the appraised value has been established at $18,500.  Mayor Krieg pointed out that the Committee has not yet received an official request for a replacement of the 1006 vehicle.  Mr. Phelan said in the past vehicles were either donated or sold and he would support that idea.  Mr. Pierson said he could be persuaded to sell the vehicle at the appraised value.  Mayor Krieg noted that the appraised value is approximately ten percent of the cost of a new ambulance.

 

2.  Discussion of backlands ordinance.   Mr. Falcon distributed a draft of an ordinance to regulate the size of backland lots, noting that this has been under discussion for several years.  One of the requirements in the draft was for the first 25’ of a driveway to be finished with pavers or bituminous concrete and the Committee agreed to change that to require the 25’ to be paved.

And extend no less than 25 feet off the pavement of the public street.

 

Mr. Schrier made a motion to adopt this Ordinance 13-2005  upon first reading with second reading and public hearing scheduled for November 14, 2005 ; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

A copy of Ordinance 13-2005 is attached hereto and made a part hereof.

 

3.  Mr. Falcon had also drafted an ordinance to repeal an unenforceable section of Chapter III that prohibits the transportation of litter from outside the Township.

 

Mr. Schrier made a motion to adopt this Ordinance 14-2005 upon first reading with second reading and public hearing scheduled for November 14, 2004 ; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.  (Mr. Schrier, Mr. Phelan, Ms. Florek and Mayor Krieg)

A copy of Ordinance 14-2005 is attached hereto and made a part hereof.

 

4.  Resolution R2005-135

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING APPLICATION FOR STATE AID UNDER THE MUNICIPAL STORMWATER REGULATION PROGRAM

 

            WHEREAS,  the Township Committee of the Township of Mendham desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of $6,351 to fund stormwater activities as described in the Scope of Services.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, that Stephen Mountain, or the successor to the office Township Administrator, is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State and (c) to execute any amendments thereto which do not increase the Grantee’s obligations.  The Grantee agrees to comply with all applicable federal, State and municipal laws, rules and regulations in its performance pursuant to the agreement.

 

Mr. Schrier made a motion to adopt R2005-135; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

5. Cold Hill Road Detention Basin Bid.  Mr. Mountain explained that two bids were received for this project with the low bid in the amount of $85,784.  Although the funding has been appropriated the 20-day comment period on the appropriating ordinance has not expired.  Therefore, he asked the Committee for their approval to send a letter of intent to award a contract to the low bidder and the formal award of the contract will be scheduled for the November 14th meeting.  Mr. Pierson made a motion to direct Mr. Mountain to notify the low bidder of the intent to award the contract;  Mr. Schrier seconded the motion.  ROLL CALL  - All present voted YES.

 

6.  Resolution R2005-136

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, IN MEMORY OF FORMER MAYOR SAM TUFTS

 

            WHEREAS, Samuel Tufts passed away on October 7, 2005; and

 

            WHEREAS, Sam Tufts served as Mayor of the Township of Mendham in 1974, 1975, 1976, 1983, 1984 and 1989; and

 

            WHEREAS, Mr. Tufts, in addition to serving as Mayor and Member of the Township Committee, also was a dedicated member of Brookside Engine Company No. 1; and

 

            WHEREAS, Mr. Tufts’ leadership and devotion to the Township of Mendham was legendary and he will be missed by all.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, to express its sorrow at the death of Sam Tufts and to extend its deepest sympathy to his family.

 

Mr. Pierson made a motion to adopt R2005-136;  Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

Mr. Phelan suggested that, in addition to this Resolution, a fitting memorial be considered either in the meeting room or another appropriate location.  The Committee agreed.

 

7.  Resolution R2005-137

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

 

            WHEREAS, it is deemed appropriate that the Township Committee discuss the matters hereafter mentioned without the presence of the public in accordance with the provisions of R.S. 10:412b, being section 7b of the Open Public Meetings Act.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:

 

Matters relating to:

 

  [X]  personnel                                    [X] contract negotiations

  [X]  acquisition of property                [X] litigation

  [X]  attorney/client privilege 

             

shall be discussed by the Township Committee without the presence of the public.  It is anticipated that these matters can be disclosed to the public when further action is taken in connection with the discussion.

 

Mr. Schrier made a motion to adopt R2005-137; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

8.  Resolution R2005-138

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, TO AMEND THE 2005

BUDGET

 

            WHEREAS, N.J.S. 40A4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

 

            WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

 

            WHEREAS, the Township will receive $400.00 from Donations and wishes to amend its 2005 Budget to include this amount as revenue.

 

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2005 in the sum of $400.00 which is now available as revenue from:

 

            Miscellaneous Revenues

              Special Items of General Revenue Anticipated with Prior Written Consent

              Of the Director of Local Government Services:

                Donations

 

            BE IT FURTHER RESOLVED that like sum of $400.00 be and the same is hereby appropriated under the caption of:

 

            Budget Appropriations

Administration

  OE

 

            BE IT FURTHER RESOLVED that the Township Clerk forward two copies of this Resolution to the Director of Local Government Services.

 

Mr. Schrier made a motion to adopt R2005-138; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

9. Resolution F2005-139

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, TO AMEND THE 2005 BUDGET

 

            WHEREAS, N.J.S. 40A4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

 

            WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

 

            WHEREAS, the Township will receive $10,000 from St. Hubert’s Giralda and wishes to amend its 2005 Budget to include this  amount as revenue.

 

            NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Mendham, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2005 in the sum of $10,000 which is now available as revenue from:

 

            Miscellaneous Revenues

              Special Items of General Revenue Anticipated with Prior Written Consent

              Of the Director of Local Government Services:

                St. Hubert’s Giralda Contribution to Katrina K-9 Care Center

 

            BE IT FURTHER RESOLVED that like sum of $10,000 be and the same is hereby appropriated under the caption of:

 

            Budget Appropriations

Buildings and Grounds

  OE                                $8,000

   Utilities                         $2,000

 

            BE IT FURTHER RESOLVED that the Township Clerk forward two copies of this Resolution to the Director of Local Government Services.

 

Mr. Schrier made a motion to adopt R2005-139; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

10.  Resolution R2005-140

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING EMPLOYEE TO THE POSITION OF SCHOOL CROSSING GUARD

 

            WHEREAS, a need has arisen for an additional school crossing guard; and

 

            WHEREAS, Loretta Davie has applied for the position and the Chief of Police has recommended that Loretta Davie be appointed to the position of school crossing guard; and

 

            WHEREAS, Loretta Davie will serve one shift per school day at an hourly salary of $12.22.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, that Loretta Davie be appointed school crossing guard at the hourly salary of $12.22 effective October 26, 2005.

 

Mr. Schrier made a motion to adopt R2005-140; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

11.  Mayor Krieg reported that he and Mr. Mountain met with a Vice President from Verizon and they recommend that the Township not wait for the State to negotiate a cable franchise with Verizon.  He feels that Verizon will get cable service up to acceptable standards.  He also noted the cell tower application in the Borough and how that may impact the tower approved for the Township.

 

ADMINISTRATOR REPORT

 

1.  Mr. Mountain referenced his e-mail to the Committee in which he proposed several dates for Capital Budget meetings.  He asked the Committee to confirm their attendance.

 

  1. Mr. Mountain noted that he, along with Mayor Krieg and Mr. Pierson, will be presenting

the Township’s application to the Morris County Open Space Trust.

 

OPEN ITEMS LIST

 

The Open Items List was reviewed an updated.

 

CORRESPONDENCE

 

NJ Communities 1st / Verizon

NJLM Washington Watch

Senator Bucco (2)

Morris County Economic Develoment Corporation / 3/15/06

NJLM Mayors Fax Advisory (4)

Patriot Media / Digital Phone

 

LEGISLATIVE REPORT  - No report

 

APPROVAL OF BILL LIST

 

The Township Committee approved the charges listed by department which list is attached hereto and made a part hereof.

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public.

 

Aloisia Boretti, 59 Tingley Road:  suggested that it would be better to extend the entire side of the proposed police headquarters an additional two feet and continue the roof line rather than have the conference room jut out on that side.  She also expressed concern with the response time from Mt. Pleasant Road to the center of Brookside.   She asked how many people are members of Brookside Engine Co.  Mr. Pierson said there are 40 on the membership roll.  Mrs. Boretti feels that the proposed recreation room is too large and should not include a bar.  She also thinks the first aid squad is not getting enough room in the building.  She asked when the public would vote on the project and Mr. Schrier explained that the funding will be addressed during the budget process and while the budget process provides for a public hearing, it is not voted on by the residents.   Mrs. Boretti said the residents should have a say.

 

George McKinnell, West Main Street:  said the proposed footprint of the new firehouse was mandated by the needs of both the fire company and the first aid squad and both groups were involved in the process.

 

Mrs. Boretti said, according to her observations when voting at the firehouse, the firemen don’t take very good care of their building.

 

Mr. McKinnell asked what agency is in charge of maintaining Patriot’s Path.  He said there is a tree down on the Path behind his property.  Mr. Mountain will follow up.

 

Mrs. Boretti noted the drainage ditch that runs from the Middle School property below her property to Hamilton Drive has gotten smaller over the years and water is now flooding her property.

 

No others asked to be heard.  Upon motion duly made and seconded, the meeting was closed to the public.

 

Mr. Mountain noted correspondence received today relative to equine activity issues and he will place the issue on the agenda for November 14th.

 

Chief Costanza suggested that the 2006 Fourth of July theme committee consider honoring the Mendham Township Police Department on their 50th anniversary.

 

Upon motion duly made and seconded the Committee went into closed session at 9:43 p.m.  Several personnel matters were discussed.  Mayor Krieg updated the Committee regarding the gift of land to the joint library.  Mr. Mountain updated the Committee on a sinkhole problem in the Kendall Court area and a potential acquisition of property was discussed.

 

Upon motion duly made and seconded the Committee returned to open session at 10:35 p.m.  There being no other matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 10:35 p.m.

 

Respectfully submitted:

 

 

 

Penny Newell, Township Clerk

 

Attachments:

 

Ordinance 13-2005

Ordinance 14-2005

Approved Bill List

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinance 13-2005

 

ORDINANCE AMENDING AND SUPPLEMENTING THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM AND RELATING TO THE REGULATION OF FLAG LOTS

 

            BE IT ORDAINED by the Township Committee of the Township of Mendham in the County of Morris, and State of New Jersey, as follows:

 

1.         Chapter XII of the Land Use Ordinance of the Township of Mendham entitled “General Definitions” is amended by the repeal of the definition for “Street, Private”; the repeal of the definitions for “Backland Lot” and “Backland Lot, Single Flag” and their replacement by a single definition entitled “Flag Lot”, as well as new definitions for “Flag Lot Staff”, “Common Driveway”, and “Street” to read as follows:

 

COMMON DRIVEWAY.  A private roadway providing common access to a street for more than one lot.

 

FLAG LOT.  A lot not meeting minimum frontage requirements and where access to the public street is by a private right of way and/or driveway.

 

FLAG LOT STAFF.  A portion of flag lot providing frontage on a street.

 

STREET.  “Street” means any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by law, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

           

2.      Section 21.9 of Chapter XXI entitled “Zoning Regulations” is hereby repealed in its entirety  and replaced with the following provisions to read:

 

21-9  FLAG LOT PROVISIONS

 

            21-9.1 General.

Notwithstanding any other provisions of this chapter, a one family residential structure may be constructed on a flag lot in the R-5 and R-10 zones having less than the required frontage on a street, provided that all of the requirements of this Section 21-9 are met.

                                   

The provisions of subsection 21-4.4.f permitting  a detached dwelling for guests or employees as an accessory use shall not apply to a flag lot.

 

21-9.2   Lot Requirements.

In the R-5 and R-10 zones, a maximum of two flag lots may be created as part of a subdivision in accordance with the following:

           

            a.         The front setback for a flag lot abutting the frontland lot or another flag lot shall be 1.5 times the setback otherwise required in the zone.  In the R-5 zone a flag lot shall have a minimum lot area of 7.5 acres excluding the area of the flag lot staff.  In the R-10 zone a flag lot shall have a minimum lot area of 10 acres excluding the area of the flag lot staff.  All other bulk standards applicable to a conventional lot in the zone shall continue to apply.

 

            b.         The flag lot shall have a minimum  frontage of 50 feet on the Flag Lot Staff.  Adjacent flag lots may share a common Flag Lot Staff.

 

            c.         In no case shall a driveway to a backlands lot be constructed less than fifty feet from an existing dwelling on an adjacent parcel.

           

            d.         A fire protection system pursuant to Section 16-10.2(w) shall apply in the case of the development of two flag lots.

 

            21-9.3 Flag Lot Driveway Requirements.

 

            a.         The strip of land designated as a flag lot driveway shall, in the case of a single flag lot, be owned by the party holding title to the flag lot. The area of the flag lot staff shall not be included in calculating the area of the flag lot.

                       

A Common Driveway providing access to more than one lot shall be in the joint ownership of the parties holding title to the flag lots. 

 

            b.         A flag lot driveway shall not be nearer than the width of two conventional lots in the zone to any other flag lot driveway at the point of intersection with  the same state, county or municipal roadway.

 

            c.         Flag lot driveways shall be built in accordance with the requirements of Section 16-10.4(b).

 

            21-9.4 Development of Flag Lots.

           

Development of a Flag Lot shall proceed in accordance with the provisions of Chapter XXIV – Lot Development Permit and shall include inspections by the Township Engineer to assure compliance with the provisions of Section 16-10.4.

3.         The Zoning Map and Schedule of Requirements created pursuant to Section 21-2.2 shall be amended by the addition of the following footnote:  (1) “17 flag lots are permitted in accordance with Section 21-9”. 

 

4.         Chapter XVI entitled “Subdivision and Site Plan Approval and Section 16-10.4 thereof is hereby amended to read as follows:

 

            16-10.4 Flag Lot Provisions, Flag Lot Driveway

 

            a.         General.  The creation of a flag lot and a flag lot driveway shall be permitted as approved by the Planning Board under Chapter XXI, Zoning Regulations and shall meet the requirements of this Section.

 

b.         Flag Lot Driveway Design. 

 

                        1.         The design of the flag lot driveway, construction materials and construction methods shall be, where applicable and where the requirements of this subsection are insufficient, according to the requirements of Chapter X, Streets and Sidewalks.  Requirements stated within this section are considered as minimum.

           

                        2.         A flag lot driveway shall intersect a public street as nearly at right angles as is practicable but in no case shall the intersection be less than sixty (60) degrees.  Where possible, turning radii shall be provided at the street intersection.  The geometry and alignment of flag lot driveways shall be consistent with sound planning practices as approved by the Planning Board.

 

                        3.         Provisions for sight easements at the intersection of a flag lot driveway with a public street shall be made as deemed appropriate by the Planning Board.

 

                        4.         A flag lot driveway shall not be longer than seventeen hundred (1,700) feet unless otherwise approved by the Planning Board. 

 

                        5.         A flag lot driveway shall have, generally, a minimum grade of one percent (1%) and shall not have a grade of less than one-half percent (.5%) nor greater than ten percent (10%).  Grades shall be no more than two percent (2%) within thirty-five (35) feet of the point of intersection with a public street right-of-way.

 

                        6.         A flag lot driveway shall terminate in a turnaround designed to accommodate Township fire equipment.  .

 

                        7.         Drainage structures for a flag lot driveway shall be of a type, size and location (on-site, on-tract, off-site or off-tract) as reasonably required to provide proper drainage.

                       

                        8.         The flag lot shall bear a house number which shall be placed at the intersection with the public roadway.

                        9.         The flag lot driveway shall be continuous with neither fork nor junction.

 

                        10.       Flag lot driveways and Common Driveways  shall be graded to a width of eighteen feet and shall be improved to a width of twelve (12) feet.  The entire driveway shall be improved with six (6) inches of quarry processed stone for grades less than six percent (6%), provided that the entire driveway shall be improved with four (4) inches of quarry processed stone plus two (2) inches of bituminous concrete in any portion has a grade greater than six percent (6%). The sub-base shall be approved by the Township Engineer as suitable for these specifications.  An apron joining the public street within the public ROW shall be paved and extend no less than 25 feet off the pavement of the public street   The apron shall meet the pavement requirements of the paved driveway or as otherwise recommended by the Township Engineer.

 

            c.         No Municipal Services.  In the case of flag lot driveways, no municipal services other than police, fire and first aid protection shall be provided by the Township of Mendham.  The foregoing shall be considered as a restriction on and a condition of approval on any such subdivision containing a flag lot driveway and a statement to this effect shall be placed upon the subdivision plat thereof before final approval is given. 

 

            d.         Deed Provisions.   In appropriate instances, the Planning Board shall require that the subdivision plat and the deeds for conveyance of title shall note and/or stipulate in the covenants thereof that any conditions of approval be recited in addition to any provisions for the allocation of taxes or the cost of maintenance of properties utilizing a common flag lot driveway.

 

5.         This ordinance shall take effect after final passage and publication as required by law.

 

 

 

 

 

ORDINANCE 14-2005

 

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, TO REPEAL A PORTION OF AN ORDINANCE ENTITLED CHAPTER III–POLICE REGULATIONS AND PROHIBITING THE TRANSPORTATION OF LITTER FROM OUTSIDE OF THE TOWNSHIP

 

            WHEREAS, the Township Committee of the Township of Mendham adopted an Ordinance now codified as Subsection 3-1.6 in Chapter III entitled “Police Regulations” in the Revised General Ordinances of the Township of Mendham, 1998 and more particularly “Litter,” which reads as follows:

 

3-1.6         Transportation from Outside Township.  No person shall bring, cart, remove, transport or collect any litter from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof.  No truck or other vehicle containing litter which has been transported into the Township shall be parked or allowed to remain standing on any street in the Township or any public property for a period in excess of two (2) hours.  (1970 Code § 6-1.6)

 

WHEREAS, it is deemed to be n the best interest of the Township to repeal the

foregoing section of the referenced Chapter III in response to objections as to its enforceability raised by the Administrative Office of the Courts and in light of the fact that there will remain, after repeal, undiminished ordinance authority to prohibit acts of littering within the Township.

 

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the

Township of Mendham, in the County of Morris, New Jersey, as follows:

 

1.        Subsection 3-1.6 in Chapter III of the Revised General Ordinances of the Township of Mendham, 1998 entitled “Transportation from Outside Township” be and is hereby repealed.

 

2.        The balance of the provisions of Chapter III “Police Regulations,” Section 3-1: “Litter” are ratified and confirmed.

 

3.        If any section, paragraph, sentence, phrase or other part of this ordinance shall be voided by any State law, rule or regulation or shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such State law, rule or regulation, or such court judgment, as the case may be, shall not affect, impair or invalidate the remainder of this ordinance but shall be confined to the section, paragraph, sentence, phrase or other part of this ordinance directly involved.

 

4.        This ordinance shall take effect upon publication of notice of final adoption as provided by law.

 

 

 

 

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