INVALIDATED:
16 February 2012
BOROUGH OF NORTH PLAINFIELD
SOMERSET COUNTY, NEW JERSEY
NOTICE OF FINAL ADOPTION:
ORDINANCE NO. 11-09
BOROUGH OF NORTH PLAINFIELD
COUNTY OF SOMERSET
STATE OF NEW JERSEY
AN ORDINANCE TO AMEND, REVISE AND SUPPLEMENT
THE BOROUGH CODE OF THE BOROUGH OF NORTH PLAINFIELD,
CHAPTER VII, ENTITLED “TRAFFIC”, MOST NOTABLY SECTION 7-4.2,
“GENERAL PROHIBITIONS FOR PARKING OF CERTAIN VEHICLES” AND
CHAPTER XXII, ENTITLED “LAND DEVELOPMENT”, MOST NOTABLY SECTION
22-115.7, “COMMERCIAL VEHICLES IN RESIDENTIAL ZONES”.
WHEREAS, the Borough Council of the Borough of North Plainfield wishes to continue
to address the proliferation of commercial vehicles within the Borough and the enforcement of
ordinances as to such. As part of such concern, the Borough is also addressing concerns it has
that these vehicles have on the facilitation of street repair and cleaning; increasing access for the
Fire Department and other emergency vehicles to access streets within the Borough; improving
visibility for law enforcement to observe to ensure proper compliance with law; to reduce the
possible hiding places for persons who have violated the law; facilitate snow removal; and,
increase police enforcement of these Ordinances to mention a few.
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of
North Plainfield, County of Somerset, State of New Jersey, that the Borough Code of the
Borough of North Plainfield, Chapter VII, entitled “Traffic”, most notably Section 7-4.2,
“General Prohibitions for Parking of Certain Vehicles” and Chapter XXII of the Borough Code,
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entitled “Land Development”, most notably Section 22-115.7, “Commercial Vehicles in
Residential Zones” shall be amended, revised and/or supplemented as follows:
1. As to Section 7-4.2, it shall now read as follows:
“A. No person shall park any commercial vehicle on any street within the
Borough, irrespective of the control of the street (i.e. State of New Jersey
and/or Somerset County) at any time, with the exception of a commercial
vehicle, as defined herein, parked within any of the business zones as defined
by the Borough, except for providing a specific service on a short term or
temporary basis for a period not to exceed twelve (12) hours, as defined
herein, such as but not limited to, moving vans, landscaping trucks and
delivery vehicles. No commercial vehicle with a gross registered weight over
six thousand five hundred (6,500) pounds shall be parked in any garage or any
driveway as defined.
B. Commercial vehicles, as defined and used herein, shall include, but not be
limited to, vehicles:
i.
used/operated in the course of intrastate and/or interstate commerce;
ii.
used in the transportation of persons for hire, compensation and/or
profit;
iii.
used in the transportation of materials and/or property for hire,
compensation and/or profit;
iv.
which have a commercial license plate or omnibus license plate;
v.
which have affixed, either permanently or temporarily, lettering
and/or any other description of a business entity, agency, service
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and/or occupation and/or which exhibits the signs of a business
occupation (such as, but not limited to, ladders and/or equipment).
vi.
Commercial vehicles shall never be recreational vehicles and/or
campers.
C. For purposes of this definition only, as well as §B(vi) above, a “commercial
vehicle” shall not include taxicabs licensed in the Borough, as defined under
§4-1.2 of the Borough Code, nor shall it include any Federal, State, Somerset
County and/or North Plainfield Borough vehicles, but must have affixed to
said vehicle valid government license plates or be registered to either the
Federal, State, Somerset County and/or North Plainfield Borough governments.
D. Driveway, for the purposes of this Section, shall be defined as a paved or fully
graveled/stoned or cemented or brick/stone pavers providing a vehicular
connection between the public right of way of the street where it is located
and the parking space or garage of the private property.
E. No commercial vehicle shall be parked on any street within the Borough of
North Plainfield from 6:00 PM on any day to 6:00 AM on the following day
on any day of the week, except Sundays when they shall be barred from
parking all day. This shall not apply to commercial vehicles located on any
Business zone of the Borough, as defined in §22-107 et. al. of the Borough
Code.
F. Commercial vehicles shall be parked inside a garage on the vehicle
owner’s/user’s property. However, one (1) commercial vehicle per property
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may be parked in the property’s driveway if and only if no garage exists on
the property.
G. Irrespective of whether the commercial vehicle shall be parked in a garage or
on a driveway, if and only if no garage exists on the property, any and all
items which may be considered hazardous and/or which emit a noxious or foul
odor, including, but not limited to, chemicals, fumes, gases, combustible
materials, leaves, grass clippings, manure and/or fertilizer, must be removed
prior to being parked and/or garaged between 6:00 PM on any day and 6:00
AM the following day. In addition, any and all accessories contained on the
vehicle including, but not limited to, ladders, piping and/or equipment, must
be locked up.
H. No commercial vehicle parked on a driveway, if and only if there is no garage,
and/or garaged on a property shall have a trailer and/or tow item attached,
with the exception of a boat trailer or other similar non-commercial item in
tow.
I. No commercial vehicle shall contain any signage, wording and/or images
which may be considered offensive, pornographic and/or racist by a
reasonable person viewing such.
As to Section 22-115.7, it shall now read as follows:
“A. Commercial vehicles shall not be kept, parked or stored in any
residential zone within the Borough, except that one (1) such
commercial vehicle may be garaged on such premises provided it is kept
in a fully enclosed garage. One (1) commercial vehicle may also be
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parked on a driveway of the property where the commercial vehicle
owner or user resides if and only if no garage exists on the property.
Said commercial vehicle shall not be used by anyone other than a
resident/owner of the premises; and, shall not be parked on any street,
unpaved driveway and/or exposed portion of any residential lot. In either
case (garage or driveway), no commercial vehicle shall be parked in a
garage or on a driveway with a gross registered weight over six thousand
five hundred (6,500) pounds.
B. Commercial vehicles, as defined and used herein, shall include, but not be
limited to, vehicles:
i. used/operated in the course of intrastate and/or interstate commerce;
ii. used in the transportation of persons for hire, compensation and/or profit;
iii. used in the transportation of materials and/or property for hire,
compensation and/or profit;
iv. which have a commercial license plate or omnibus license plate;
v. which have affixed, either permanently or temporarily, lettering and/or
any other description of a business entity, agency, service and/or
occupation and/or which exhibits the signs of a business occupation (such
as, but not limited to, ladders and/or equipment).
vi. Commercial vehicles shall never be recreational vehicles and/or campers.
C. Driveway, for purposes of this Section, shall be defined as a paved or fully
graveled/stoned or cemented or brick/stone pavers providing a vehicular
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connection between the public right of way of the street where it is located
and the parking space or garage of the private property.
D. Furthermore, the provisions of this Section are to be primarily enforced by
sworn law enforcement personnel of the Borough or other applicable
sworn law enforcement personnel. The mere existence of this Section
under Land Development does not give primary and/or exclusive
enforcement jurisdiction of this Section to the Zoning Officer; but, in fact,
gives the Zoning Officer concurrent powers to enforce with the Borough’s
and other sworn law enforcement personnel.”
NOW, THEREFORE, BE IT FURTHER ORDAINED that:
1. All ordinances or portions of ordinances which are inconsistent with this Ordinance
shall be repealed as to their inconsistencies only.
2. If any provision or paragraph of this Ordinance shall be held invalid by any court of
competent jurisdiction, the same shall not affect the other provisions or paragraphs of this
Ordinance, except so far as the provision or paragraph so declared invalid shall be separable
from the remainder or any portion thereof.
3. This Ordinance shall take effect, after final passage, twenty (20) calendar days
following action or inaction by the mayor as provided by law or an override of a mayoral veto by
the council, whichever is applicable and publication in accordance with law, unless a resolution
is adopted, pursuant to N.J.S.A. 40:69A-181(b), declaring an emergency and providing that this
Ordinance shall take effect at an earlier date. The Ordinance shall further not take effect until
such has been approved by the Somerset County Board of Chosen Freeholders if any such streets
at issue are under the control of the County. Finally, this Ordinance shall further not take effect
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until such has been approved by the Commissioner, New Jersey State Department of
Transportation.
TAKE NOTICE that the Ordinance, titled as above, introduced on first reading
on October 11, 2011, was adopted by the Council of the Borough of North Plainfield on
December 12, 2011 and will become effective twenty (20) days following approval by
the Mayor, provided publication in accordance with law has been effected.
Richard K. Phoenix, RMC
Borough Clerk
CLERK’S NOTE:
Ordinance No. 11-09 had required the concurrent approval of the New Jersey Department of
Transportation (NJDOT) and the Somerset County Board of Chosen Freeholders. On 16
February 2012, electronic communication was received from Dave Martin, Supervising
Engineer, Bureau of Traffic Engineering, Division of Highway and Traffic Design, NJDOT, P.O.
Box 600, Trenton, NJ 08625. Mr. Martin indicated that the NJDOT could not approve
ordinances that restrict commercial motor vehicle parking. As such, Ordinance No. 11-09 is
considered invalidated, as it did not receive NJDOT approval.
Richard K. Phoenix, RMC
North Plainfield Borough Clerk
16 February 2012
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