ADOPTING ORDINANCE

ORDINANCE NO. 910-99

AN ORDINANCE AMENDING, RESTATING AND

RECODIFYING THE TOWNSHIP CODE

   WHEREAS, the current Township Code, which has not been revised, codified, renumbered or reviewed in total since December, 1974; and

   WHEREAS, since 1974, various changes have occurred in State and Township laws, regulations and procedures which are not clearly stated in the codified version of the Township Ordinances; and

   WHEREAS, current format of the Township Code can be confusing and difficult to use and is not structured to allow for clear amendment as new ordinances are adopted and made a part of the Code; and

   WHEREAS, pursuant to the authority contained under New Jersey State law, Township Committee of the Township of Voorhees, County of Camden and State of New Jersey (the "Township"), have caused the Township Code to be revised, renumbered and rearranged, updated to conform with current State laws, regulations and procedures and to conform with current Township procedures and to renumber the sections of the Code to be easier to use and permit easier and more organized incorporation of new ordinances into the Code; and

   WHEREAS, in order to clearly indicate how the revised Code has been modified from the current Code, a blacklined version of the new Code has been prepared showing the new Code sections and indicating the previous code section reference and showing any deletions and all additions to the chapters, sections and provisions of the Code; and

   WHEREAS, in order to give the public the most efficient method to review the new Code and the changes being made, a copy of the new Code and a copy of the black-lined version of new Code showing all changes from the current Code are on file in the Township Clerk's office and will be available during normal business hours for review by the public; and

   WHEREAS, the Township Committee of the Township has deemed it appropriate to revise, amend, renumber, recodify and restate the Township Code as set forth in the revised Code on file in the Township Clerk's Office,

   NOW, THEREFORE, BE IT ORDAINED by the members of the Township Committee of the Township as follows:

   SECTION 1: Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Voorhees, of the general and permanent nature, adopted by the Township Committee of the Township, as revised, codified and consolidated into chapters and sections, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Voorhees", hereinafter known and referred to as the "Code."

   SECTION 2: This Code supersedes all other general and permanent ordinances enacted prior to enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or as are continued in full force and effect.

   SECTION 3: A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for the use and examination of the public until final action is taken on this ordinance and, if this ordinance shall be adopted, such copy shall be certified to by the Township Clerk of the Township of Voorhees by impressing thereon the seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Township Clerk, to be made available to persons desiring to examine the same during all times while the Code is in effect.

   SECTION 4: Any and all additions, amendments, supplements to the Code, when passed and adopted in such form as to indicate the intent of the Township Committee to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Township of Voorhees" shall be understood and intended to include such additions, and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder inserted in the loose-leaf book containing the Code, as amendments and supplements thereto.

   SECTION 5: The Clerk, pursuant to law, shall cause to be public, in the manner required, a copy of the adopting ordinance in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Township Clerk for inspection by the public at all time during regular office hours. The enactment and publication of this adopting ordinance, coupled and the availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

   SECTION 6: It shall be the duty of the Township Clerk, or someone authorized and directed by her, to keep up-to-date the certified copy of the book containing the Code required to be filed in her office for the use of the public. All changes to the Code and all ordinances adopted subsequent to the effective date of this codification, which shall be adopted specifically as part of the Code, once when finally adopted, shall be included therein by reference until such changes or new ordinances are printed as supplements to the Code book, at which time such supplements shall be inserted therein.

   SECTION 7: Copies of the Code book containing the Code may be purchased from the Township Clerk upon the payment of a fee to be set by the Township Committee, who may also arrange, by ordinances, for procedures for the periodic supplementation thereof.

   SECTION 8: It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the Township of Voorhees to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a penalty as set forth in § 10.99 of the new Code.

   SECTION 9: Each section of the Code, and every part of each section, is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

   SECTION 10: Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

   SECTION 11: All ordinances or parts of ordinances of a general and permanent nature, adopted and in force on the date of the adoption of this ordinance and not contained in the Code, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.

   SECTION 12: The adoption of this Code and the repeal of ordinances provided for in Section 11 above shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal.

      (A)   Any ordinance adopted after June 1, 1998.

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

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

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

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

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

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

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

      (I)   The levy or imposition of taxes, assessments or charges.

      (J)   The dedication of property or approval of preliminary or final subdivision plots.

      (K)   Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees; establishing workdays and working hours of certain employees; and providing for holidays and vacations for employees and keeping of employment records.

      (L)   Any ordinance making any change or revision in the zoning map or zoning classification of property, including any ordinance adopted to implement the Revised Township Master Plan adopted by the Township Planning Board on September 25, 1998.

      (M)   Any ordinance regulating traffic or parking.

      (N)   An ordinance adopted 5-20-01, granting a franchise to the Eastern Telephone and Telegraph Company, as well as an ordinance adopted 3-18-03 granting Eastern Telephone and Telegraph Company the right to string wires, etc.

      (O)   An ordinance adopted 3-18-03, granting a franchise to the Delaware and Atlantic Telephone and Telegraph Company.

      (P)   An ordinance adopted 4-27-92, establishing fourteen election districts.

      (Q)   An ordinance adopted 3-23-60, granting a franchise to the Lakeside Park Water Company.

      (R)   An ordinance adopted 09/09/96, granting a franchise to Garden State Cable Television Company.

   SECTION 13: In compiling and preparing for adoption of this revised Code, all of the changes, including all deletions, clarifications, grammatical corrections and changes to conform to current State and Federal Law and current State, Federal and Township procedures were made, as indicated in the black-lined copy of the new Code. It is the intention of the Township Committee that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

   SECTION 14: All other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

   SECTION 15: This Ordinance shall become effective immediately upon final passage and publication as required by law.

                        VOORHEES TOWNSHIP

                        BY:   Gary Finger /s/

                           Gary Finger, Mayor

                        ATTEST:

                        Jeanette Schleberg /s/

                        Jeannette Schelberg, Clerk

Introduced: January 25, 1999

Adopted: February 22, 1999

I, Jeannette Schelberg, Clerk of the Township of Voorhees, hereby certify the foregoing to be a true and correct copy of an Ordinance adopted on second reading by the Mayor and Township Committee at their meeting of February 22, 1999 held in the Municipal Building, 620 Berlin Road, Voorhees, New Jersey.

Jeanette Schleberg /s/

Jeannette Schelberg, Clerk