Pending Ordinances and Resolutions

 

 

TOWNSHIP OF KNOWLTON

WARREN COUNTY, NEW JERSEY

ORDINANCE #2021-03

 

AN ORDINANCE AMENDING SECTIONS OF THE TOWNSHIP OF KNOWLTON CODE REGARDING USE OF COLUMBIA BEACH

 

WHEREAS , Columbia Beach, located at Block 19, Lot 4 in the Township of Knowlton (the “Township”), is designated as a municipal beach and contains a boat launch owned and maintained by the Township; and

 

WHEREAS, Columbia Beach is located in the Village Residential (VR) Zone; and

 

WHEREAS, Section 69-3 of the Township Code permits the issuance of permits to use the boat launch to residents and owners of local campgrounds; and

 

WHEREAS, commercial activities (such as the use of the boat launch by the campgrounds) are not a permitted use in the VR Zone.

 

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

SECTION 1. Section 69-3 of the Code of the Township of Knowlton (the “Code”), entitled “Permit required for certain activities; fees,” shall be deleted in its entirety and replaced with the following:

  • The Township of Knowlton hereby declares its beach open to the public for the purposes of recreational use, fishing and picnicking, subject to the following regulations, as promulgated in this Chapter and specifically set forth herein:

(1) Resident Parking Permits for Watercraft Launching at Columbia Beach.

(a) Resident Parking Permits and watercraft badges for Columbia Street. Only residents, owners of local campgrounds and public entities shall be eligible to receive parking permits and badges to use Columbia beach for the purposes of watercraft launching. Any and all persons utilizing the Columbia Beach for this purpose mayobtain a current, valid Township issued watercraft launch badge and parking permit for Columbia Street from the Municipal Clerk

(b) Upon issuance of a parking permit to a resident for Columbia Street pursuant to Ordinance Section 174.14.1, the Municipal Clerk shall, upon request by such resident, also issue a badge(s) for watercraft launching purposes. Parking permits must be affixed to a resident’s dashboard and visible while parked on Columbia Street. Additionally, Township issued watercraft launch badges must be worn or kept on the resident’s person at all times while engaging in watercraft activities at Columbia Beach.

(c) Pursuant to Ordinance Section 174.14.1 there shall not be a fee for a resident parking permit for Columbia Street. However, residents requiring a badge for the purposes of watercraft launching shall provide a non-refundable deposit in the amount of $20.00and shall fill out an application that includes the following information:

[1] The resident's name, address and phone number in Knowlton Township; and

[2] The license plate number of the vehicle to be used for watercraft launching; and

[3] A description of the type of each watercraft to be launched;

[4] A copy of any required licenses or permits needed to operate each watercraft; and

[5] A hold harmless agreement in a form to be provided by the Township.

(2) Permits for Users of Local Campgrounds.

(a) Owners of licensed campgrounds located in Knowlton Township may obtain up to three (3) annual Columbia Street parking permits for each passenger van/vehicle used to transport camp visitors to and from Columbia Beach. Each permit will require a non-refundable payment of $500.00.

(b) Each transport vehicle issued a parking permit may also obtain up to ten (10)watercraft launch badges per vehicle permitat a cost of $20.00 per watercraft launch badge. Watercraft launch badges must be used solely by camp patrons transported to and from Columbia Beach for watercraft launching activities subject to the following conditions:

[1] Any parking permits issued to a campground transport vehicle must remain affixed to the dashboard of that vehicle and visible at all times. Watercraft launch badges may be temporarily issued by the campground owners to its patrons and used by the patron only while engaging in watercraft activities at Columbia Beach via transport by a permitted vehicle. Watercraft launch badges will allow the patron access to the beach for the purpose of watercraft launching and must be affixed to and/or maintained by the patron at all times during watercraft use.

[2] Prior to the issuance of any permit[s] and badges, the campground shall enter into an agreement (in a form drafted by the Township) with the Township, which among other things, may establish certain maintenance responsibilities, insurance obligations and hold harmless obligations in favor of the Township for any and all injuries and damages caused as a result of the use of the watercraft launch by the Campground and its patrons.

[3] The Township reserves the right to limit the amount of times per day a transport vehicle may visit Columbia Beach for the purpose of daily patron watercraft launches.

[4] Each patron of a campground shall be required by the campground to abide by all applicable laws and regulations during watercraft activities and must sign a waiver of liability absolving the Township of any liability for death, injuries, or property damage incurred while participating in the commercial operation. Copies of the waiver forms must approved by the Township and be submitted to the Township monthly basis or upon request.

(c) Permits and badges shall be valid for one year starting January 1 of the year in which the permit was purchased. Fees for lost badges in need of replacement will be $20.00 per badge.

3. Permits for Governmental and Other Public Agencies.

B. Fishing and picnicking. The public shall be permitted to use Township beaches for fishing and/or picnicking.

SECTION 2. Section 69-4 the Code of the Township of Knowlton (the “Code”), entitled “Additional Rules and Regulations” shall be amended as follows (Additions indicated in boldface and italics thus; deletions indicated with strike-through thus):

§ 69-4. Additional rules and regulations.

It shall be unlawful for any person or persons utilizing the beaches, whether by permit or without, to commit any of the following offenses:

A. There shall be no parking or standing on the boat ramps except in the course of actual launching or retrieving of watercraft from the Delaware River. No motor vehicle, except emergency vehicles being operated in the course of emergency operations or a Knowlton Township vehicle, shall be permitted past the gates onto the beaches without either a resident sticker or a campground dashboard identification sticker.

[Amended 3-27-1999 by Ord. No. 99-1]

B. No alcoholic beverages whatsoever shall be permitted at any time upon the municipal beaches of the Township of Knowlton.

C. All persons utilizing the beach area shall be required to contain any and all waste material created or brought with them by using containers provided at the beach areas, if any; or shall carry off any and all waste material with them to be disposed of properly elsewhere.

D. The beaches shall be deemed closed at 9:00 p.m. each and every evening to all persons, with the exception of those persons engaged in the activity of fishing. No one shall remain upon the beach or beach areas unless actively engaged in the sport of fishing.

E. It shall be prohibited for any person or persons to play loud music or behave in a boisterous or disturbing manner while utilizing said beach. All such conduct shall be prohibited and shall be subject to the penalties described within this chapter herein.

F. Open fires upon the municipal beaches of the Township of Knowlton are prohibited at all times.

G. Swimming is strictly prohibited. Persons engaged in swimming on the municipal beaches shall be deemed trespassers upon said beaches and shall be subject to the penalties described within this chapter herein.

H. A person shall not operate an all-terrain vehicle, dirt bike, trail bike, or "off-road “motor vehicle or motorcycle, scooter or moped on or over the municipal beaches of the Township of Knowlton.

SECTION 3 . Section 11-301 of the Code of the Township of Knowlton (the “Code”), entitled “Permitted principal uses,” regarding the Village Residential (VR) Zone shall be amended as follows (Additions indicated in boldface and italics thus; deletions indicated with strike-through thus):

Permitted principal uses in the VR Zone shall be as follows:

A. Single-family detached dwellings.

B. Agricultural uses and farms as provided in Article 50, Right to Farm, and supplemental regulations in this Article.

C. Parks, playgrounds, firehouses, libraries and municipal buildings.

D. Community residences for the developmentally disabled.

E. Community shelters for victims of domestic violence.

F. Commercial use of beach and watercraft facilities with proper Township-issued permits.

 

SECTION 4. All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.

SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 6. This Ordinance shall take effect upon final passage and publication according to law.

 

Introduction date:

Motion

Second:

Roll Call

 

 

TOWNSHIP OF KNOWLTON

COUNTY OF WARREN, STATE OF NEW JERSEY

ORDINANCE 2021-04

 

CALENDAR YEAR 2021

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS

AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

 

WHEREAS, the Local Government Cap Law, N.J.S.A . 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS,N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Township Committee of the Township of KNOWLTON in the County of Warren finds it advisable and necessary to increase its CY 2021 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Township Committee hereby determines that a 3.5% increase in the budget for said year, amounting to $57,189.97in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of KNOWLTON, in the County of Warren, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2021 budget year, the final appropriations of the Township of KNOWLTON shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $57,189.97and that the CY 2021 municipal budget for the Township of KNOWLTON be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

 

Date: April 12, 2021

Motion:

Second:

Roll Call

 

 

 

 

TOWNSHIP OF KNOWLTON

 

ORDINANCE NO. 2021-05

 

AN ORDINANCE PROHIBITING THE OPERATION OF

ALL CLASSES OF CANNABIS BUSINESSES

WITHIN ITS GEOGRAPHICAL BOUNDARIES

 

 

WHEREAS , in 2020 New Jersey voters approved Public Question No . 1, which amended the New Jersey Constitution to allow for the legalization of a controlled form of marijuana called “cannabis” for adults at least 21 years of age; and

 

WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c. 16 , known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Act”), which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession; and

 

WHEREAS, the Act establishes six marketplace classes of licensed businesses, including:

 

  • Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;

 

  • Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;

 

  • Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

 

  • Class 4 Cannabis Distributer license, for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

 

  • Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and

 

  • Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

 

WHEREAS , Section 31b of the Act authorizes municipalities by ordinance to prohibit the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality; and

 

WHEREAS , Section 31b of the Act also stipulates, however, that any municipal regulation or prohibition must be adopted within 180 days of the effective date of the Act (i.e., by August 22, 2021); and

 

WHEREAS , pursuant to Section 31b of the Act, the failure to do so shall mean that for a period of five years thereafter, the growing, cultivating, manufacturing, selling and reselling of cannabis and cannabis items shall be permitted uses in all industrial zones , and the retail selling of cannabis items to consumers shall be a conditional use in all commercial and retail zones ; and

 

WHEREAS , at the conclusion of the initial and any subsequent five-year period following a failure to enact local regulations or prohibitions, the municipality shall again have 180 days to adopt an ordinance regulating or prohibiting cannabis businesses , but any such ordinance would be prospective only and would not apply to any cannabis business already operating within the municipality ; and

 

WHEREAS, the Mayor and Committee of the Township of Knowlton have determined that, due to present uncertainties regarding the potential future impacts that allowing one or more classes of cannabis business might have on New Jersey municipalities in general, and on the Township of Knowlton in particular, it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare of the Township of Knowlton and its residents to amend as necessary the Township of Knowlton’s zoning regulations and to otherwise prohibit the following marijuana-related land use and development within the geographic boundaries of Township of Knowlton: all Classes.

 

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Committee of the Township of Knowlton as follows:

 

1. Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all Classes are hereby prohibited from operating anywhere in the Township of Knowlton. It is acknowledged that delivery services located in other municipalities shall be permitted to make deliveries in the Township of Knowlton.

 

2. Section ____ of the Code of the Township of Knowlton is hereby amended by adding to the list of prohibited uses, the following: “All Classes of cannabis establishments as said terms are defined in Section 3 of P.L. 2021, c. 16 (but not the delivery of cannabis items and related supplies by a delivery service which is located in another municipality).”

 

3. Any article, section, paragraph, subsection, clause, or other provision of the Township of Knowlton inconsistent with the provisions of this ordinance is hereby repealed to the extent of such inconsistency.

 

4. If any section, paragraph, subsection, clause, or provision of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause, or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective.

 

5. This ordinance shall take effect upon its passage and publication and filing with the Township of Knowlton, and as otherwise provided for by law.

 

Interlocution date:

 

Motion:

Second:

Roll Call

 

 

Knowlton Township

County of Warren, State of New Jersey

Ordinance #2021- 07

 

AN ORDINANCE TO PROVIDE FOR THE IMPROVEMENT TO MOUNT PLEASANT ROAD SECTION I WITHIN THE TOWNSHIP OF KNOWLTON AND TO PROVIDE FOR THE FUNDING THEREOF

 

BE IT ORDAINED the Township Committee of the Township of Knowlton, County of Warren and State of New Jersey, that the following be properly authorized:

 

Improvements to Mount Pleasant Road Section I - $ 221,700.00

BE IT FURTHER ORDAINED that the financing for the above is as follows:

 

RESERVE FOR ROAD IMPROVEMENTS $ 85,000.00

DOT GRANT RECEIVABLE – Mount Pleasant Road $ 136,700.00

 

BE IT FURTHER ORDAINED that the period of usefulness of the improvements is in excess of the five (5) year statutory requirement, and that no debt shall be incurred by the Township for this improvement authorization.

 

The capital budget conforms with the provisions of this ordinance to the extent of any inconsistency therewith and the resolution promulgated by the Local Finance Board showing full details of the Capital Budget and Capital Program as approved by the Director, Division of Local Government Services as on file with the Municipal Clerk is available for public inspection.

 

This ordinance shall take effect immediately upon passage and publication in accordance with the law.

 

KNOWLTON TOWNSHIP

WARREN COUNTY, NEW JERSEY

 

RESOLUTION 2021-53

 

Award Contract – Traffic Striping

 

 

WHEREAS , the Township of Knowlton is a member of the Morris County Cooperative Pricing System and wishes to utilize it for Traffic Striping of Starlite Hill Road; and

WHEREAS , Denville Line Painting, Inc. New Jersey has been awarded Contract #36 for Traffic Striping on Roadways. This has been awarded through the Morris County Cooperative Pricing Council of which the Township of Knowlton is an active participant; and

WHEREAS , the Chief Financial Officer has certified that funds are available thru Capital Ordinance 2019-01.

NOW, THEREFORE, BE IT RESOLVED , by the Mayor and Committee of the Township of Knowlton, County of Warren, and State of New Jersey that the Traffic Line Striping of Starlite Hill Road contract not to exceed $1,750.00 be awarded to Denville Line Painting, Inc. 2 Green Pond Road, Rockaway, New Jersey 07866

 

Date:

Motion

Second:

Roll Call:

 

 

KNOWLTON TOWNSHIP

WARREN COUNTY, NEW JERSEY

 

RESOLUTION 2021-54

 

Award Contract – Road Resurfacing

 

 

WHEREAS , the Township of Knowlton is a member of the Morris County Cooperative Pricing System and wishes to utilize it for Road Overlay of Starlite Hill Road; and

WHEREAS , South State, Inc. New Jersey has been awarded Contract #6 for Road Resurfacing. This has been awarded through the Morris County Cooperative Pricing Council of which the Township of Knowlton is an active participant; and

WHEREAS , the Chief Financial Officer has certified that funds are available thru Capital Ordinance 2019-01.

NOW, THEREFORE, BE IT RESOLVED , by the Mayor and Committee of the Township of Knowlton, County of Warren, and State of New Jersey that the Road Resurfacing of Starlite Hill Road contract not to exceed $75,000.00 be awarded to South State, Inc. 202 Reeves Road Bridgeton, New Jersey 08846

 

Date:

Motion:

Second:

 

 

 

 

 

 

 

 

 

 

Knowlton Township Warren County New Jersey