* A G E N D A *

April 26, 2006 

7:30 P.M.

 

Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.

 

1.         Meeting Called to Order and Roll Call

 

2.         Statement of Compliance with Sunshine Law

 

3.         Moment of Silence and Salute to the Flag

 

4.         Approval of Minutes: February 8, 2006

 

5.         Committee Reports

 

6.         Correspondence

 

7.         Open Public Portion/Limited to Agenda Items Only

                        Limited to Five (5) Minutes per citizen to be determined at Borough

                        Council's discretion.  Any and all situations regarding Borough

                        Personnel, when names are implied or mentioned, are to be brought

                        to the full attention of the Council through an appointment and

                        subsequent disclosure through the Personnel Committee.

 

8.         Public Hearing on 2006 Municipal Budget

 

9.         New Business:

 

A.        Ordinance No. 2006-06 – First Reading and Introduction

            Ordinance Adding Chapter 2.52 of the Borough Code

            “Illicit Connection”

 

B.                 Ordinance No. 2006-07 – First Reading and Introduction

Ordinance Adding Chapter 2.54 of the Borough Code

                        “Municipal Stormwater Control”

 

C.                 Ordinance No. 2006-08 – First Reading and Introduction

Ordinance Amending Chapter 2.55 of the Borough Code

“Animal Control Regulations/Pet Waste”

 

D.                Ordinance No. 2006-09 – First Reading and Introduction

Ordinance Amending Chapter 2.55 of the Borough Code

“Animal Control Regulations/Wildlife Feeding”

  

E.                 Ordinance No. 2006-10 – First Reading and Introduction

Ordinance Amending Chapter 2.57 of the Borough Code

“Brush, Trash & Debris/Yard Waste”

           

F.                  Ordinance No. 2006-11 – First Reading and Introduction

Ordinance Amending Chapter 2.89 of the Borough Code   

                        “Littering”

 

G.                Ordinance No. 2006-12 – First Reading and Introduction

Ordinance Amending Chapter 2.109 of the Borough Code

“Site Plan Review”

 

H.                Ordinance No. 2006-13 – First Reading and Introduction

Ordinance Amending Chapter 2.115 of the Borough Code

“Subdivision of Land”

 

I.                   Resolution No. 2006– 075

Resolution Supporting A-1425 on Cap Law Relief

 

J.                   Resolution No. 2006–076

Emergency Temporary Appropriations

 

K.                Resolution No. 2006–077

Resolution Authorizing Payment of Borough Bills

 

10.      Tax Collector’s Report – March 2006

 

11.       Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough

Council's discretion.  Any and all situations regarding Borough

Personnel, when names are implied or mentioned, are to be brought

to the full attention of the Council through an appointment and

subsequent disclosure through the Personnel Committee.

 

12.              Executive Session

 

13.              Adjournment

 

 The meeting was called to order by Mayor Reynolds at 7:30 P.M.

 

Roll Call:  Present:      C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Absent:      None

 

Also present were Julie Martin, Municipal Clerk, Rhoda Overgard, Deputy Municipal Clerk, Laurie Finger, CFO/Borough Administrator and Stuart J. Moskovitz, Borough Attorney.

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

 

There was a moment of silence and salute to the flag.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of February 8, 2006 was offered by C/Rucker and seconded by C/Simon.  Passed on the following roll call:

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                      Nays:   None

                     Absent:   None

                    Abstain:   None

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states I spoke with Jim Mastrokalos, Water Superintendent and Celia Hecht, W/S Clerk and the situation with the discrepancy in billing was found due to the new software we have, thanks to Ms. Finger.  We were able to break it down and look at it more closely.  Hopefully going forward these problems would be rectified immediately.

 

C/Robilotti states the Easter Egg Hunt was very successful.  We had a fantastic crowd, everyone had a good time and I got a lot of positive feedback.  I want to extend a special thank you to Four Boys for their generosity of coupons and Russ Teddy Bear for their generosity of stuffed animal donations and The Englishtown Police Dept for donating PBA T-shirts that we raffled off.  A special thank you also to Rob in the Public Works Dept for helping us out and also thank you to Lynn Strong for escorting the bunny.  The trash to treasure sale had to be cancelled because we did not have a good response.  We will try again next year and advertise more for it so hopefully we get a better response.

 

C/Soden states to address Ms. Heath’s comment at the last meeting, a letter was sent to the County from our engineer with our concerns about the 40 mph speed limit.

 

C/Carr reads correspondence from Martin Birbaum on the Livable Communities Grant Application.  C/Carr states I received a letter from Tom Herits about Randy Gottesman’s contract.  I assume we need to discuss this in Executive Session since its contractual.  I spoke to Rick Guffanti, DPW Supervisor today and he is contacting the County Work Crew since he had some questions.  I told him it’s a popular program and if he doesn’t get in now he might not get it, so he is going to follow through with that.

 

C/Simon states the police activity report from 4/10 – 4/23 there were 244 calls and 45 motor vehicle stops and 159 routine calls for service.

 

Correspondence

 

Julie Martin, Municipal Clerk states at the May 24th meeting Verizon will be here because we are having the public hearing on the Verizon application for cable service.  I received a call from Mr. Lincoln Janice of Verizon and they will be present for the public hearing and they would like with council’s permission to do a short presentation, approximately a 20-minute video to introduce the product to our residents.  I need consensus of council.

 

Julie Martin states we got word from the commissioner from the D.O.T. regarding the fiscal year 2007 municipal aid program applications.  They must be submitted by June 30th.  Tom Herits, Borough Engineer has emailed me; he needs the names and suggestions of streets that council would like for him to make applications to the D.O.T. for repairs.

 

C/Soden states I would like to consider LaSatta Avenue mainly because the County is going to be doing the bridge and bypass. 

 

C/Simon states Park Avenue by the Lake should be looked at because when it rains hard it always backs up with water.

 

C/Soden states someone should notify the County about that.  Maybe we could get their engineering department to put in a couple drains or inlets.

 

C/Carr states Hamilton Street has been dug up and in need of repairs.

 

Julie Martin states at the last meeting we discussed a letter received from The Battleground Historical Society looking for a contribution of $200.00 towards the virtual tour.  At that time C/Carr stated she would like to see a contribution up to $400.00.  I need consensus from council on the record that $400.00 is the amount they would like to contribute.

 

C/Carr states that would be Battleground Historical Society and the Borough going on that historic website.

 

Mayor Reynolds states the only question we have is legally can we give a donation from the Municipal Budget.

 

Stuart Moskovitz, Borough Attorney replies yes.

 

Mayor Reynolds asks what budget line would that come out of?

 

Laurie Finger, CFO/Borough Administrator replies I made a suggestion to take it out of Buildings and Grounds since it is a building within the town, as a donation.

 

Stuart Moskovitz, Borough Attorney states I don’t see any issues with that.  When you are making the contribution obviously you need to have some municipal purpose and it would be pretty easy to stick a municipal purpose in there.

 

Julie Martin states the letter did request $200.00 so we need it on the record that the governing body has agreed to $400.00.

 

Laurie Finger states that needs to be attached to my purchase order.

 

Mayor Reynolds asks for the consensus of the council as to if the request for $200.00 would be sufficient or if anyone entertains the $400.00?

 

C/Carr states the $400.00 is if you also want Borough Hall on that website.  The Village Inn is not looking for $400.00; they are looking for $200.00 for themselves.

 

Mayor Reynolds asks what would be the advantage of putting Borough Hall on the website?

 

C/Carr responds there is always an advantage of being on a virtual tour to highlight the downtown.

 

Julie Martin, Municipal Clerk receives consensus of council:

 

            Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

            Nays: None

 

C/Robilotti states before we go into the public portion I have a question for C/Simon.  I was looking at the last police report and the current police report and the total calls have dropped considerably.  How is the police coping and how is their morale with being two men down?

 

C/Simon directs the question to Officer Peter Cooke.

 

Pete Cooke replies our morale is low understandably with two officers down and no contract.  In three months I have worked the amount of overtime that I worked all of last year.

 

Public Portion – Agenda Items

 

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

 

Joyce Stipple states I was happy to hear C/Palmieri’s committee report.  Have you received any recommendations from the auditor as to things you could of done to the Water Department?

 

Mayor Reynolds states, I spoke to Gene Farrell on Monday and he has no problem coming in to give an overview of the water dept so we set up everything he will come in and give a presentation.

 

Joyce Stipple states the audits over the last few years has he given you any recommendations.

 

Mayor Reynolds states no there were recommendations but nothing with the water at all.

 

Paula Kuchinski states after looking at the 2006 proposed Municipal Budget I couldn’t see the raises for the employees.  I called C/Soden and C/Carr and they also said they didn’t see any raises for the employees.  In my opinion it seems unfair not to give the employees a raise and in most towns they received 3.5% this year.  Could someone tell me about this?  I suggest as I already talked to C/Soden and C/Carr about, putting into place a performance raise program.  I feel 3.5% across the board is not fair to some employees because some make more money.  Off the top of my head a 3-cent an hour raise across the board would be fair.  I’m asking council, because no one seems to see a raise in the budget, excluding police.  I’m excluding police from this entirely.  I want to know if starting this year if Mayor and Council would agree to a performance/merit raise budget for the employees and not wait until next year.

 

Mayor Reynolds responds we had a proposal to come in and put in job descriptions with an evaluative process, which was being worked on by C/Soden and Jayne Gallagher.  To have a performance/merit raise you would have to have that all in place.  To start that in the middle of the year would be a hard thing to do.

 

C/Carr states the job descriptions are in place aren’t they?

 

Mayor Reynolds states yes.

 

Paula Kuchinski states I do not understand.  Am I not seeing it or are you not giving it?  You are introducing the budget tonight.

 

Laurie Finger responds on sheet 17 there is a new line item entitled salary and wage adjustment for $52,500.00.  That is a lump sum number that was put into the budget for all employees including the PBA.  We will not know what the raises are yet until the PBA contract is settled.

 

C/Carr asks what does $52,500.00 come out to per person?  How did you come out with that number?  I sat through all the budget workshops and we never had a discussion about salary raises in the time I was there ever.  I’m not introducing a budget with a salary raise that I’m not aware of nor do I know what it is.  Do you know what it is?

 

Laurie Finger states I know what it is but I don’t know if I’m at liberty to disclose….

 

C/Carr states well if you can’t disclose it I say I’m not introducing a budget that you can’t disclose what it is.

 

Julie Martin states C/Carr the budget was already introduced back in February this is the public hearing on the budget.

 

Stuart Moskovitz, Borough Attorney instructs Laurie Finger that she can discuss the $52,500.00 with one exception and that is if you have an element in their for the PBA, since that is currently in litigation it would be a problem to disclose that.

 

Paula Kuchinski states in my question I said excluding the police department.  What is the secret?  Is there a raise in the budget or not?

 

Stuart Moskovitz states what Laurie Finger is saying is there is a $52,500.00 element in the budget, which includes raises for the police and all other employees.  That is a general number put in there because at the moment there is no definitive determination as to what the raises are going. 

 

Paula Kuchinski states for the police department or everyone else?

 

Stuart Moskovitz states you can’t decide what you’re going to do for everyone else until you know what kind of pot you have to work with for everybody else.  If the police for example get a $500,000 raise – hypothetically speaking, my guess is going to be that there will be absolutely nothing in there for the other employees.  The other extreme is if the police get no raise – which is also not going to happen – then there is $52,500 to be distributed between everyone.  The answer when you say “other than the police” the answer is nobody know. 

 

C/Carr asks how and who came up with $52,000?

 

C/Palmieri states because you allocate every year when you are doing a budget you allocate a certain percentage.

 

C/Carr asks what percentage did we allocate?

C/Palmieri states I don’t know.

 

Laurie Finger states I allocated 5% of last year’s salaries.

 

C/Carr asks how did you determine to do that when we never had a discussion about it.

 

C/Palmieri states because it’s a normal process when creating a budget.

 

Mayor Reynolds states the money that was allocated for raises is all contingent upon all the other factors of the revenue.  We have to go Trenton for our CAP Waiver and we also have to find out if we get the extraordinary aid.  All those numbers would affect the budget.

 

There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon.  Passed unanimously.

 

Public Hearing on 2006 Municipal Budget

 

Mayor Reynolds opens the public hearing to the public for any questions or comments on the 2006 Municipal Budget.

 

Laurie Finger reads a statement into record:  The 2006 Budget was introduced on March 22nd in the amount of $1,932,691.00, which is $16,684.00 lower than the 2005 budget.  We did lose approximately $100,000 in revenue and the Borough had to increase the tax rate by 9 cents.  We did apply for extraordinary aid in the amount of $102,000 and if we received this amount that we requested there will be no increase to the taxpayers.  The award will be made sometime in late June and it is my recommendation to council tonight not to adopt the budget until we hear from the State about any aid we will be receiving.

 

Mayor Reynolds asks the $100,000 reduction, where did that come from?

 

Laurie Finger responds $50,000 was in receipt from delinquent taxes because we’ve had an excellent tax collection last year and the other $50,000 was a one time revenue that was in the 2005 budget for sale of municipal assets. 

 

Mayor Reynolds states that was for the property we sold.

 

Mayor Reynolds states the budget is going down $16,000.00 overall from the previous year, with the same state aid, revenues – less the $100,000 Laurie Finger spoke about.

 

Paul Robilotti, 51 Heritage Drive states I thought when we went over the tax rate, the time C/Soden had suggested we were going to take money from the water and I thought the rate went down to 4% or did I hear that wrong?

 

C/Soden states no you heard that right.  This process….

Mayor Reynolds states if you apply for the extraordinary aid and you’re denied the extraordinary aid you then can go back and take surpluses from the Water Dept. and reduce that.  If you don’t do it this way you will not be able to go back and take surplus revenue from the Water or Sewer Dept.  That is why it is structured like this.

 

Paula Kuchinski, Hamilton Street states with the situation from the particular business in the town that did not pay their proper water bill, when that money comes back how much of that is going to reduce our tax rate?  We paid taxes on water that was pumped from our well.  That money along with salaries came out of our tax dollars.  Will it be replaced to the taxpayers through tax relief?

 

Mayor Reynolds states the issue that we spoke about with the water bill was the taxes paid on the water pumped or was it taxes….

 

Laurie Finger states taxes are paid on the water that’s billed not pumped.

 

Mayor Reynolds states that is the accurate statement so there was no additional charge to the taxpayers.

 

Paula Kuchinski states yes there was because a lot of salaries are taken in part of the water bill, the water department, which means if you didn’t have that money coming in to pay their salaries it came from my tax dollars.

 

Mayor Reynolds states no it did not.  The water money that comes in is above and beyond what was allocated into the budget and goes into surplus in the water department. 

 

Paula Kuchinski asks how much surplus can you have in the water department.

 

Mayor Reynolds responds I will have Laurie Finger look into that and get back to you at the next meeting.

 

Stuart Moskovitz, Borough Attorney states the amount that we are asking to be reimbursed would not have impacted any budget decisions made.  What the Mayor is saying in respect to the water department, you know you’re going to anticipate certain expenses and certain expenses are going to be allocated to the salaries of the people involved in the water department.  The $79,000 that is being talked about is over a period of years, not over one year.  I don’t want to say it’s not a significant amount of money but it’s not significant in terms of framing your budget.  It would not have changed any salaries, tax rates.  Divided over the 3 or 4 years that we are talking about, you would never have made any decision based on getting that extra money.  As the Mayor said it really would of gone back into the surplus.

 

Discussion continues between Mayor Reynolds, Stuart Moskovitz and Paula Kuchinski.

 

Jayne Gallagher, McDonald Way asks what is the issue that you are talking about? How could a resident be aware of it if it was only discussed in an Executive Session?

 

Stuart Moskovitz, Borough Attorney states I don’t have an answer to that.  The issue that we are discussing is an under billing for Liberty Manor that we are trying to collect.

 

Jayne Gallagher states and members of the public were aware of the situation before the Council announced it at a meeting?

 

Stuart Moskovitz I can’t speak about that.

 

Paula Kuchinski states I’ll address that.  I know people at Liberty Manor and it went around town 100 times over before it even hit the council.  I don’t see on the agenda that we are going to have a public hearing on this.

 

Mayor Reynolds states we have to get together all the people involved.  We will do our investigation and we will present to the public our findings.

 

Paula Kuchinski states that is not what you said and took a vote on.

 

Stuart Moskovitz, Borough Attorney states I think what the Mayor is suggesting is before you have the public hearing you want to have as much information as you can. 

 

Julie Martin states there was never a consensus to have a public hearing.

 

Paula Kuchinski asks if everyone on council agrees with the Mayor.

 

C/Soden, C/Rucker, C/Palmieri state they agree with how the Mayor is handling the situation.

 

C/Carr states I don’t agree with the Mayor and I assured the public at the last meeting that I would not let this rest until I had answers to all the questions….

 

C/Soden states and we will get answers to all the questions.

 

C/Carr states I’m not going to have a conversation with the public or with the council because I’ve turned this over to the prosecutor’s office.  I’ve gotten permission to tell you that but I don’t have permission to interfere with his investigation. 

 

Paula Kuchinski states I want to clear the record, C/Carr did you tell me about the Liberty Manor incident?

 

C/Carr states no.

 

There being no further questions or comments, a motion to close the 2006 Municipal Budget Public Hearing was offered by C/Rucker and seconded by C/Robilotti.  Passed unanimously.

 

New Business

 

ORDINANCE NO. 2006-06                                      First Reading & Introduction

 

ORDINANCE ADDING CHAPTER 2.52

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“ILLICIT CONNECTION”

 

            WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

            NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following be added to the Code of the Borough of Englishtown:

 

CHAPTER 2.52

“ILLICIT CONNECTION”

2.52.01. Purpose:

An ordinance to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

2.52.02. Definitions:

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.  The word “shall” is always mandatory and not merely directory.  The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

a.       Domestic sewage - waste and wastewater from humans or household operations.

 

b.     Illicit connection – any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the [insert name of municipality], unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).  Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

 

c.     Industrial waste - non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33

                        U.S.C. §1317(a), (b), or (c)).

                         

d.     Municipal separate storm sewer system (MS4)– a conveyance or system              of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by [insert name of municipality] or other public body, and is designed and used for collecting and conveying stormwater. 

 

e.        NJPDES permit – a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A

 

f.     Non-contact cooling water - water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product.  Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

 

g.        Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

h.       Process wastewater - any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.  Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

 

i.      Stormwater – water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

 

2.52.03. Prohibited Conduct:

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Englishtown any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

2.52.04. Enforcement:

This ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of the Borough of Englishtown.

2.52.05. Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) of imprisonment in the County Jail for a period not exceeding ninety  (90) day, or both.

2.52.06. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

 

2.52.07. Effective date:

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

Offered by:                 C/Robilotti

 

Seconded by:              C/Soden

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                        Nays:   None

                    Abstain:   None

                     Absent:   None

 

ORDINANCE NO. 2006-07                                     First Reading & Introduction

 

ORDINANCE ADDING CHAPTER 2.54

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“MUNICIPAL STORMWATER CONTROL”

 

            WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

 

            NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following be added to the Code of the Borough of Englishtown:

 

CHAPTER 2.54

“MUNICIPAL STORMWATER CONTROL ORDINANCE”

 

2.54.01.Scope and Purpose

A. Policy Statement

Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

B. Purpose

It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for “major development,” as defined in 2.54.02

C. Applicability

1. This ordinance shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

a.                      Non-residential major developments; and

b.                      Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

2. This ordinance shall also be applicable to all major developments undertaken by Borough of Englishtown.

D. Compatibility with Other Permit and Ordinance Requirements

Development approvals issued for subdivisions and site plans pursuant to this ordinance are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

 

2.54.02. Definitions

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

“CAFRA Planning Map” means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

“CAFRA Centers, Cores or Nodes” means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

“Compaction” means the increase in soil bulk density.

“Core” means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

“County review agency” means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

“Department” means the New Jersey Department of Environmental Protection.

“Designated Center” means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

“Design engineer” means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

“Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law , N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act , N.J.S.A 4:1C-1 et seq.

“Drainage area” means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

“Environmentally critical areas” means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.

“Empowerment Neighborhood” means a neighborhood designated by the Urban Coordinating Council “in consultation and conjunction with” the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

“Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

“Infiltration” is the process by which water seeps into the soil from precipitation.

“Major development” means any “development” that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

“Municipality” means any city, Borough, town, Borough, or village.

“Node” means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

“Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

“Person” means any individual, corporation, company, partnership, firm, association, [insert name of municipality], or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law , N.J.S.A. 40:55D-1 et seq.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants.

“Recharge” means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

“Sediment” means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

“Site” means the lot or lots upon which a major development is to occur or has occurred.

“Soil” means all unconsolidated mineral and organic material of any origin.

“State Development and Redevelopment Plan Metropolitan Planning Area (PA1)” means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state’s future redevelopment and revitalization efforts.

“State Plan Policy Map” is defined as the geographic application of the State Development and Redevelopment Plan’s goals and statewide policies, and the official map of these goals and policies.

“Stormwater” means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

“Stormwater runoff” means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

“Stormwater management basin” means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

“Stormwater management measure” means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

“Tidal Flood Hazard Area” means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

“Urban Coordinating Council Empowerment Neighborhood” means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

“Urban Enterprise Zones” means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.

“Urban Redevelopment Area” is defined as previously developed portions of areas:

(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

(2) Designated as CAFRA Centers, Cores or Nodes;

(3) Designated as Urban Enterprise Zones; and

(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.

“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

“Wetlands” or “wetland” means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

 

2.54.03. General Standards

A. Design and Performance Standards for Stormwater Management Measures

1.  Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Section 2.54.04. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

2. The standards in this ordinance apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

2.54.04. Stormwater Management Requirements for Major Development

A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 2.54.10.

B. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department’ Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 2.54.04.F and 2.54.04.G:

1. The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

2. The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

3. The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

D. A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 2.54.04.F and 2.54.04.G may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

2. The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections 2.54.04.F and 2.54.04.G to the maximum extent practicable;

3. The applicant demonstrates that, in order to meet the requirements of Sections 2.54.04.F and 2.54.04.G, existing structures currently in use, such as homes and buildings, would need to be condemned; and

4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections 2.54.04.F and 2.54.04.G that were not achievable on-site.

E. Nonstructural Stormwater Management Strategies

1. To the maximum extent practicable, the standards in Section 2.54.04.F and Section 2.54.04.G shall be met by incorporating nonstructural stormwater management strategies set forth at Section 2.54.04.E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

2. Nonstructural stormwater management strategies incorporated into site design shall:

a. Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

b. Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

c. Maximize the protection of natural drainage features and vegetation;

d. Minimize the decrease in the "time of concentration” from pre-construction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;

e. Minimize land disturbance including clearing and grading;

f. Minimize soil compaction;

g. Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

h. Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;

i.  Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:

(1)  Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Section 2.54.04.E.3. below;

(2)  Site design features that help to prevent discharge of trash and debris from drainage systems;

(3)  Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

(4)    When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

3. Site design features identified under Section 2.54.04.E.2.i.(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 2.54.04.E.3.c below.

a. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(1)  The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

(2)  A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

b. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.

c. This standard does not apply:

(1)  Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

(2)  Where flows from the water quality design storm as specified in Section 2.54.04.G.1 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(a)  A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

(b)  A bar screen having a bar spacing of 0.5 inches.

(3)  Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars, to the elevation of the water quality design storm as specified in Section 2.54.04.G.1; or

(4)  Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

4. Any land area used as a nonstructural stormwater management measure to meet the performance standards in Sections 2.54.04.F and 2.54.04.G shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk’s office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

5. Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 2.54.07, or found on the Department’s website at www.njstormwater.org.

F. Erosion Control, Groundwater Recharge and Runoff Quantity Standards

1. This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.

a. The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.

b. The minimum design and performance standards for groundwater recharge are as follows:

(1)  The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section 2.54.05, either:

(a)  Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or

(b)  Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.

(2)  This groundwater recharge requirement does not apply to projects within the “urban redevelopment area,” or to projects subject to (3) below.

(3)  The following types of stormwater shall not be recharged:

(a)  Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than “reportable quantities” as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

(b)  Industrial stormwater exposed to “source material.” “Source material” means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(4)  The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.

c. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 2.54.05, complete one of the following:

(1)  Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two, 10, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

(2)  Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two, 10, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

(3)  Design stormwater management measures so that the post-construction peak runoff rates for the 2, 10 and 100 year storm events are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

(4)  In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

2. Any application for a new agricultural development that meets the definition of major development at Section 2.54.02 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, “agricultural development” means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.

G. Stormwater Runoff Quality Standards

1.       Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80 percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of non-structural and structural stormwater management measures. 


 

Table 1: Water Quality Design Storm Distribution

Time
(Minutes)

Cumulative
Rainfall
(Inches)

Time
(Minutes)

Cumulative
Rainfall
(Inches)

0

0.0000

65

0.8917

5

0.0083

70

0.9917

10

0.0166

75

1.0500

15

0.0250

80

1.0840

20

0.0500

85

1.1170

25

0.0750

90

1.1500

30

0.1000

95

1.1750

35

0.1330

100

1.2000

40

0.1660

105

1.2250

45

0.2000

110

1.2334

50

0.2583

115

1.2417

55

0.3583

120

1.2500

60

0.6250

 

 

2.       For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 2.54.07, or found on the Department’s website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Section 2.54.07. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418 Trenton, New Jersey, 08625-0418.

3. If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B – (AXB)/100

Where

R = total TSS percent load removal from application of both BMPs, and

A = the TSS percent removal rate applicable to the first BMP

B = the TSS percent removal rate applicable to the second BMP


 

Table 2: TSS Removal Rates for BMPs

Best Management Practice

TSS Percent Removal Rate

Bioretention Systems

90

Constructed Stormwater Wetland

90

Extended Detention Basin

40-60

Infiltration Structure

80

Manufactured Treatment Device

See Section 2.54.06.C

Sand Filter

80

Vegetative Filter Strip

60-80

Wet Pond

50-90

4. If there is more than one onsite drainage area, the 80 percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

5. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Sections 2.54.04.F and 2.54.04.G.

6. Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Section 2.54.07..

7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

8. Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

a. The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:

(1)  A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided. (2) Encroachment within the designated special water resource protection area under Subsection (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.

b. All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the “Standards For Soil Erosion and Sediment Control in New Jersey,” established under the Soil Erosion and Sediment Control Act , N.J.S.A. 4:24-39 et seq.

c. If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site Stability in the “Standards for Soil Erosion and Sediment Control in New Jersey,” established under the Soil Erosion and Sediment Control Act , N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

(1)  Stabilization measures shall not be placed within 150 feet of the Category One waterway;

(2)  Stormwater associated with discharges allowed by this section shall achieve a 95 percent TSS post-construction removal rate;

(3)  Temperature shall be addressed to ensure no impact on the receiving waterway;

(4)  The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

(5)  A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and

(6)  All encroachments proposed under this section shall be subject to review and approval by the Department.

d. A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Section 2.54.04.G(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to 2.54.04.G.8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in 2.54.04.G.8.a.(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

e. Paragraph G.8 does not apply to the construction of one individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

 

2.54.05. Calculation of Stormwater Runoff and Groundwater Recharge

A.         Stormwater runoff shall be calculated in accordance with the following:

1. The design engineer shall calculate runoff using one of the following methods:

a. The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 2.54.04 – Hydrology and Technical Release 55 – Urban Hydrology for Small Watersheds; or

b. The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

2. For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term “runoff coefficient” applies to both the NRCS methodology at Section 2.54.05.A.1.a and the Rational and Modified Rational Methods at Section 2.54.05.A.1.b. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

3. In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts that may reduce pre-construction stormwater runoff rates and volumes.

4. In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 – Urban Hydrology for Small Watersheds and other methods may be employed.

5. If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

B. Groundwater recharge may be calculated in accordance with the following:

1.       The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609) 984-6587.

 

2.54.06. Standards for Structural Stormwater Management Measures

A.         Standards for structural stormwater management measures are as follows:

1. Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).

2. Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch (1”) spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the weir, with a minimum spacing between bars of one-inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section 2.54.08.D.

3. Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.

4. At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches in diameter.

5. Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Section 2.54.08.

B.         Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Section 2.43.04 of this ordinance.

C.      Manufactured treatment devices may be used to meet the requirements of Section 2.54.04 of this ordinance, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

 

2.54.07. Sources for Technical Guidance

A.         Technical guidance for stormwater management measures can be found in the documents listed at 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.

1. Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

2. The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.

B.         Additional technical guidance for stormwater management measures can be obtained from the following:

1. The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;

2. The Rutgers Cooperative Extension Service, 732-932-9306; and

3. The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.

 

 

2.54.08. Safety Standards for Stormwater Management Basins

A.         This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.

B. Requirements for Trash Racks, Overflow Grates and Escape Provisions

1. A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

a. The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.

b. The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

c. The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.

d. The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs/ft sq.

2. An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

a. The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

b. The overflow grate spacing shall be no less than two inches across the smallest dimension.

c. The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs./ft sq.

3. For purposes of this paragraph 3, escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

a. If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in 2.54.08.C a free-standing outlet structure may be exempted from this requirement.

b. Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See Section 2.54.08.D for an illustration of safety ledges in a stormwater management basin.

c. In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.

C. Variance or Exemption from Safety Standards

1. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety       

 

          D. Illustration of Safety Ledges in a New Stormwater Management Basin

 

2.54.09. Requirements for a Site Development Stormwater Plan

A. Submission of Site Development Stormwater Plan

1. Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at 2.54.09.C below as part of the submission of the applicant's application for subdivision or site plan approval.

2. The applicant shall demonstrate that the project meets the standards set forth in this ordinance.

3. The applicant shall submit fifteen copies of the materials listed in the checklist for site development stormwater plans in accordance with Section 2.54.09.C of this ordinance.

 B. Site Development Stormwater Plan Approval

The applicant's Site Development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.

C. Checklist Requirements

The following information shall be required:

1. Topographic Base Map

The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

2. Environmental Site Analysis

A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

3. Project Description and Site Plan(s)

A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

4. Land Use Planning and Source Control Plan

This plan shall provide a demonstration of how the goals and standards of Sections 2.54.03 through 2.54.06 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

5. Stormwater Management Facilities Map

The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

a. Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

b. Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

6. Calculations

a. Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section 2.54.04 of this ordinance.

b. When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

7. Maintenance and Repair Plan

The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 2.54.10.

8. Waiver from Submission Requirements

The municipal official or board reviewing an application under this ordinance may, in consultation with the municipal engineer, waive submission of any of the requirements in Sections 2.54.09.C.1 through 2.54.09.C.6 of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

 

2.54.10. Maintenance and Repair

A. Applicability

1. Projects subject to review as in Section 2.54.01.C of this ordinance shall comply with the requirements of Sections 2.54.10.B and 2.54.10.C.

B. General Maintenance

1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners’ association) as having the responsibility for maintenance, the plan shall include documentation of such person’s agreement to assume this responsibility, or of the developer’s obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

3. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.

4. If the person responsible for maintenance identified under Section 2.54.10.B.2 above is not a public agency, the maintenance plan and any future revisions based on Section 2.54.10.B.7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

5. Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

6. The person responsible for maintenance identified under Section 2.54.10.B.2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

7. The person responsible for maintenance identified under Section 2.54.10.B.2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

8. The person responsible for maintenance identified under Section 2.54.10.B.2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Sections 2.54.10.B.6 and 2.54.10B.7 above.

9. The requirements of Sections 2.54.10.B.3 and 2.54.10.B.4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

Facilities not accepted by the municipality shall be required to post a two (2) year maintenance bond

                         Guarantee in accordance with N.J.S.A. 40:55D-53.

10. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.

 

B. Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

 

2.54.11. Penalties

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall be subject to the following penalties:

A fine not to exceed five hundred dollars ($500.) or imprisonment in the County Jail for a period not to exceed ninety (90) days, or both.

 

2.54.12. Effective Date

This ordinance shall take effect immediately upon the approval by the county review agency, or sixty (60) days from the receipt of the ordinance by the county review agency if the county review agency should fail to act.

 

2.54.13. Severability

If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this ordinance.

Offered by:          C/Soden

 

Seconded by:       C/Simon

                                   

Roll Call:  Ayes:    C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                          Nays:    None

                        Abstain:   None

         Absent:   None

 

ORDINANCE NO. 2006-08                                     First Reading & Introduction

 

ORDINANCE AMENDING CHAPTER 2.55

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“ANIMAL CONTROL REGULATIONS”

 

            WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

 

            NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following be added to the Code of the Borough of Englishtown:

 

Subsection 2.55.13

“PET WASTE ORDINANCE”

 

2.55.13.01. Purpose:

An ordinance to establish requirements for the proper disposal of pet solid waste in Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

 

2.55.13.02. Definitions:

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

 

a.             Immediate – shall mean that the pet solid waste is removed at once, without delay.

b.             Owner/Keeper – any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

c.             Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

d.             Pet - a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

e.             Pet solid waste – waste matter expelled from the bowels of the pet; excrement

f.             Proper disposal – placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

 

2.55.13.03. Requirement for Disposal:

 

All pet owners and keepers are required to immediately and properly dispose of their pet’s solid waste deposited on any property, public or private, not owned or possessed by that person.

 

2.55.13.04. Exemptions:

Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

 

2.55.13.05. Enforcement:

The provisions of this Article shall be enforced by the Englishtown Police Department, the Englishtown Code Enforcement Department and the County Health Department.

 

2.55.13.06. Violations and Penalty:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

 

2.55.13.07. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

 

2.55.13.08. Effective Date:

 

This ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

 

Offered by:                 C/Soden

 

Seconded by:              C/Simon

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                        Nays:   None

                    Abstain:   None

                     Absent:   None

 

ORDINANCE NO. 2006-09                                     First Reading & Introduction

 

ORDINANCE AMENDING CHAPTER 2.55

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“ANIMAL CONTROL REGULATIONS”

 

        WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

 

         NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following be added to the Code of the Borough of Englishtown:

 Subsection 2.55.14

 “WILDLIFE FEEDING”

 2.55.14.01. Purpose:

An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

2.55.14.02 Definitions:

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a.       Feed – to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

 

b.     Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

c.     Wildlife – all animals that are neither human nor domesticated.

 

2.55.14.03 Prohibited Conduct:

a.         No person shall feed, in any public park or on any other property owned or operated by the Borough of Englishtown, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

 

2.55.14.04 Enforcement:

a.       This ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of the Borough of Englishtown.

 

b.       Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.

 

2.55.14.05 Violations and Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

2.55.14.06 Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

2.55.14.07 Effective date:

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

Offered by:                 C/Simon

 

Seconded by:              C/Robilotti

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                        Nays:   None

                    Abstain:   None

                     Absent:   None

 

ORDINANCE NO. 2006-10                              First Reading & Introduction

     

       ORDINANCE AMENDING CHAPTER 2.57

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“BRUSH, TRASH AND DEBRIS”

 

WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that following amendments be made to the Code of the Borough of Englishtown:

 

Sections 2.57.01, 2.57.02, and 2.57.03 of the Code are deleted in their entirety and replaced with the following:

 

Subsection 2.57.01

“YARD WASTE COLLECTION PROGRAM”

2.57.01.A Purpose:

An ordinance to establish a yard waste collection and disposal program in the Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

2.57.01.B  Definitions:

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a.       Containerized – means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

 

b.       Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

c.        Street – means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, 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.

 

d. Yard Waste – means leaves and grass clippings.

 

2.57.01.C Yard Waste Collection

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

2.57.01.D Enforcement:

The provisions of this ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of the Borough of Englishtown.

2.57.01.E Violations and Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

2.57.01.F Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

Subsection 2.57.02

 “CONTAINERIZED YARD WASTE”

 

2.57.02.A. Purpose:

An ordinance to establish requirements for the proper handling of yard waste in Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

 

2.57.02.B. Definitions:

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a.       Containerized – means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

 

b.       Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

b.       Street - means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, 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.

 

d. Yard Waste – means leaves and grass clippings.

 

2.57.02.C. Prohibited Conduct:

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

 

2.57.02.D. Enforcement:

The provisions of this ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of the Borough of Englishtown

 

2.57.02.E. Violations and Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

 

2.57.02.F. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

Subsection 2.57.03

“IMPROPER DISPOSAL OF WASTE”

2.57.03. A. Purpose:

An ordinance to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

 

2.57.03.B. Definitions:

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.  The word “shall” is always mandatory and not merely directory.

a.       Municipal separate storm sewer system (MS4)– a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by [insert name of municipality] or other public body, and is designed and used for collecting and conveying stormwater.

 

b.       Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

c.       Stormwater – water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

 

2.57.03.C.  Prohibited Conduct:

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Englishtown is prohibited.  The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

2.57.03.D. Exceptions to Prohibition:

a.             Water line flushing and discharges from potable water sources

b.             Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters)

c.             Air conditioning condensate (excluding contact and non-contact cooling water)

d.             Irrigation water (including landscape and lawn watering runoff)

e.             Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows

f.             Residential car washing water, and residential swimming pool discharges

g.             Sidewalk, driveway and street wash water

h.             Flows from fire fighting activities

i.              Flows from rinsing of the following equipment with clean water:

 

-       Beach maintenance equipment immediately following their use for their intended purposes; and

-       Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications.  Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.

Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.  

2.57.03.E. Enforcement:

This ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of the Borough of Englishtown.

 

2.57.03.F. Penalties:

Any person(s) who continues to be in violation of the provisions of this ordinance, after being duly notified, shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

 

2.57.03.G. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

 

2.57.03.H. Effective date:

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

 

Offered by:                 C/Soden

 

Seconded by:              C/Robilotti

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                      Nays:   None

                  Abstain:   None

                   Absent:   None

 

ORDINANCE NO. 2006-11                                 First Reading & Introduction

 

ORDINANCE AMENDING CHAPTER 2.89

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“LITTERING”  

 

                    WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

 

                    NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.89 of the Code of the Borough of Englishtown be removed and replaced in its entirety by the following:

 

CHAPTER 2.89

“LITTERING”

2.89.01. Purpose:

        An ordinance to establish requirements to control littering in the Borough of  Englishtown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

 

2.89.02. Definitions:

        For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

    a.     Litter - any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

    b.     Litter Receptacle – a container suitable for the depositing of litter.

    c.     Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

2.89.03.  Prohibited acts and regulated activities:

  1.      It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.

  2.     Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance.

 

2.89.04.  Enforcement:

This ordinance shall be enforced by the Police Department and/or the Code Enforcement Department of Borough of Englishtown.

 

2.89.05. Penalties:

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

 

2.89.06. Severability:

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

 

2.89.07. Effective date:

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

 

Offered by:                 C/Simon

 

Seconded by:              C/Carr

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                      Nays:    None

                  Abstain:    None             

                   Absent:    None

 

ORDINANCE NO. 2006-12                                    First Reading & Introduction

 

ORDINANCE TO AMEND

CHAPTER 2.109

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“SITE PLAN REVIEW”

 

                WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

 

                WHEREAS, provisions of the Borough’s Code must be amended to harmonize the land development ordinance and the new ordinance providing municipal stormwater control;

 

                NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following amendments be made to Chapter 2.109 “SITE PLAN REVIEW” of the Code of the Borough of Englishtown:

Section 2.109 of the Code is revised to add subsection 2.109.18 “Stormwater Management”, as follows:

A.            All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Chapter 2.54 of the Code of the Borough of Englishtown entitled “Municipal Stormwater Control” and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq.

 B.           In a development not defined as a “major development”, stormwater management measures shall only be developed to meet the stormwater runoff quantity requirements in Chapter 2.54 of the Code of the Borough of Englishtown entitled “Municipal Stormwater Control”.

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

 Offered by:     C/Soden          

Seconded by:  C/Simon

           

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

       Nays:   None

                    Abstain:   None

                     Absent:   None

 

ORDINANCE NO. 2006-13                                     First Reading & Introduction

 

ORDINANCE TO AMEND CHAPTER 2.115

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“SUBDIVISION OF LAND”

 

            WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of stormwater control ordinances; and

 

            WHEREAS, provisions of the Borough’s Code must be amended to harmonize the land development ordinance and the new ordinance providing municipal stormwater control;

 

             NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that the following amendments be made to Chapter 2.115 “Subdivision of Land” of the Code of the Borough of Englishtown:

 

         Sections 2.115.20(E) of the Code entitled “Storm Drainage Facilities” is deleted in its entirety and replaced with the following:

1.   All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Chapter 2.54 of the Code of the Borough of Englishtown entitled “Municipal Stormwater Control” and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq.

2.   In a development not defined as a “major development”, stormwater management measures shall only be developed to meet the stormwater runoff quantity requirements in Chapter 2.54 of the Code of the Borough of Englishtown entitled “Municipal Stormwater Control”.

 

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

 

Offered by:                   C/Simon                               

 

Seconded by:               C/Carr

 

Roll Call:          Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

Nays:   None

                    Abstain:   None

                     Absent:   None

 

Julie Martin, Municipal Clerk states the Public Hearing and Adoption for all the Ordinances introduced this evening will be at the May 10, 2006 Council Meeting. 

 

Borough of Englishtown

Resolution No. 2006-075

 

Resolution Supporting A-1425 on Cap Law Relief

 

            Whereas, since their institution in 1977 as part of the package of bills establishing the Property Tax Relief fund, funded by New Jersey’s first Income Tax, the artificial limits on local budgetary discretion contained in the local government cap law have repeatedly proved to be unworkable and in need of amendment in times of fiscal stress; and

 

            Whereas, the latest amendments to the cap law were enacted in 2004 as part of Governor McGreevey’s FAIR Plan, which was supposed to provide short term property tax relief and produce long term property tax reform, the cap amendments being a part of the short term relief component; and

 

            Whereas, those 2004 amendments drastically lowered the cap, eliminated important exceptions to the cap and severely limited the use of cap banking, which is crucial to municipal intermediate range budgetary planning; and

 

            Whereas, despite the recommendations of the Governor’s Blue Ribbon Property Tax Convention Task Force and despite the energetic efforts of a core of concerned and committed legislators and the outspoken support of a large and growing coalition of citizens’ public interest groups, the Legislature has, to date, failed to advance the cause of property tax reform, continuing decades of inattention to a problem that a majority of our fellow citizens consistently identify as their greatest public policy concern; and

 

            Whereas, instead, State policy makers have consistently under-funded, cut and eliminated crucial municipal property tax relief programs, thereby exacerbating the property tax crisis and making it increasingly difficult for municipal budget makers to

meet the needs and honor the wishes of local property taxpayers and to deal with current fiscal stresses over which they have no control; and

 

            Whereas, in recognition of these serious issues, legislation has been introduced to provide appropriate flexibility to help local budget makers better meet citizen needs for high quality public programs and services; and

 

            Whereas, in order to do so, the bill (A-1425) would:  first, make permanent the temporary cap exception for costs of domestic security preparedness and responses to incidents and threats to domestic security; second, make permanent the temporary cap exception for liability insurance, workers’ compensation insurance and employee group insurance; and finally, provide an exception from the county and municipal local budget cap for appropriations for the costs of goods and services, including wage and salary increases, that are required under contracts entered into prior to July 7, 2004, the effective date of P.L. 2004, c.74, the statute that reduced the local budget cap limits to the lesser of 2.5% or the consumer prices index; and

 

            Whereas, while extremely beneficial for rational effective budgetary planning, the cap banking problems created by the 2004 amendments will pose lasting and growing problems for municipalities trying to prepare for unanticipated exigencies and imminent needs;

 

            Now Therefore, Be It Resolved, that the governing body of the Borough of Englishtown does fully support and urge swift and favorable actions on A-1425; and,

 

            Be It Further Resolved, that we do respectfully request an amendment to the bill to restore cap banking to its previous status, as it existed prior to the 2004 amendments; and,

 

            Be It Further Resolved, that copies of this resolution be forwarded to our State Legislative Delegation and to the New Jersey League of Municipalities.

 

Offered by:                 C/Rucker

 

Seconded by:              C/Robilotti

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                        Nays:   None

                    Abstain:   None

                     Absent:   None

 

Borough of Englishtown

Resolution No. 2006-076

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2006 Budget and no adequate provision has been made in the 2006 temporary budget for the aforesaid purposes, and

 

Whereas, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

 

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2006 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $111,776.25

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

 

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $8,776.25 as follows:

 

CURRENT FUND

MUNICIPAL CLERK

Other Expense                                                             $1,687.50                                                                   

 

TAX ASSESSMENT

                        Salary and Wage                                                         $1,088.75

 

            RECYCLING

                        Other Expense                                                             $3,000.00

 

            UTILITIES

                        Natural Gas                                                                 $1,000.00

                        Gasoline                                                                      $2,000.00

 

2.  Said emergency temporary appropriations will be provided for in the 2006 budget.

 

3.        That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

  

Offered By:                C/Rucker                                            

 

Seconded By:             C/Robilotti

 

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                 Nays:          None

             Abstain:          None

              Absent:          None

 

Borough of Englishtown

Resolution No. 2006-077

 

Resolution Authorizing the Payment of Borough Bills

 

            Whereas, the Mayor and Council have carefully examined all vouchers presented to the Borough for the payment of claims; and

 

            Whereas, after due consideration of the said vouchers, the Mayor and Council have approved payment of same.

 

            Now, therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:

1.     The said approved vouchers amounting to the sum of $282,739.19 be and the  same are hereby authorized to be paid on April 26, 2006.

 

2.        The Borough Clerk be and is hereby directed to list on the page in the

Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered  by:                C/Rucker        

 

Seconded by:              C/Simon

 

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                 Nays:          None

             Abstain:          None

              Absent:          None

 

Tax Collector’s Report – March, 2006

 

Month of March, 2006

 

                                                Taxes, 2006                 35,793.47

                                                Taxes, 2005                 12,557.15

                                                Interest on Taxes           1,391.69

 

                                                Total                            49,742.31

 

Public Portion

 

Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.

 

Colleen McNulty, Planning & Zoning Board, states at the last meeting we had a signage issue regarding the haircutter on Main Street.  The Planning and Zoning Board decided to set up a sub committee for signs.  I am coming before the council today in hopes that we can move forward with something a little different with regards to our sign ordinance.  If you look at our Main Street we have more of an historic look and I think we are a bit outdated.

 

C/Soden asks Colleen McNulty if she has any wording on the subject as to what the Planning and Zoning Board wants?

 

Stuart Moskovitz states the Planning and Zoning Board should put together a list of ideas as far as what they want in there and if the council wants I can take those ideas and do a draft ordinance.

 

Paul Robilotti, 51 Heritage Drive asks if anything was done with the request to use the park for a birthday party?

 

Julie Martin states we have not followed up with that as of yet.  The woman was not an Englishtown resident and I need to speak with the attorney tonight about the legalities of using the park.

 

There being no further questions or comments, a motion to close the public portion was offered by C/Rucker and seconded by C/Simon.   Passed unanimously.

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, contractual and litigation; and

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:         C/Carr

 

Seconded By:       C/Simon

 

Roll Call:   Ayes: C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                   Nays:  None

                Absent:  None

               Abstain:  None

 

The time being 8:29 P.M.

 

There being no further business in Executive Session, a motion to return to open session was offered by C/Rucker, seconded by C/Simon. Passed unanimously.

 

The time being 9:50 P.M.

 

Adjournment

 

There being no further business a motion to adjourn was offered by C/Palmieri, seconded by C/Simon. Passed unanimously.

 

The time being 9:50 P.M.

 

____August 9, 2006________                                          ________________________

Approved by Governing Body                                          Clerk