** AGENDA **

 

July 22, 2009

 

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  - May 13, 2009

 

5.         Committee Reports

 

6.         Correspondence

 

            7.        Borough Administrator/CFO Report

 

8.        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.

 

9.            Old Business:

           

A.        Ordinance No. 2009-10 – Public Hearing & Adoption

Repealing & Replacing Chapter 2.76 of the Code of the Borough

Of Englishtown Entitled “Flood Damage Prevention”

 

B.        Ordinance No. 2009-11 – Public Hearing & Adoption

Ordinance Establishing Chapter 2.133 Entitled “Alarm Systems”

 

10.            New Business:

 

                        A.        Resolution No. 2009-157

                                    Authorizing Approval of Department Requisitions

 

B.                 Resolution No. 2009-158

Authorizing Payment of Borough Bills

 

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 implies 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/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker

                  Absent:          None

 

Also present were Peter Gorbatuk, Municipal Clerk, Laurie Finger, Borough Administrator and Joseph Youssouf, 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 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.

 

At this Mayor Reynolds announces the three recommendations from the Republican Committee to fill the vacant council seat as follows: Gregory Wojyn, Bill Stipple and Paul Robilotti.

 

Motion to nominate Gregory Wojyn was offered by C/Carr and seconded by C/Robilotti.  No other nominations were made. 

 

Roll Call:          Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker

                      Nayes:  None

                     Absent:  None

                    Abstain:  None

 

At this time Mayor Reynolds administers Oath of Office to Councilman Gregory Wojyn.

 

C/Carr asks that everyone keep Harry Soden in their prayers.  He stepped down from his council seat due to illness.

 

At this time Mayor Reynolds asks for Council President Nominations.

 

A motion to nominate C/Robilotti was made by C/Robilotti and seconded by C/Cooke.  No other nominations were made. 

 

Roll Call:         Ayes:   C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                      Nayes:  None

                     Absent:  None

                    Abstain:   None

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of May 13, 2009 was offered by C/Rucker and seconded by C/Robilotti.  Passed on the following roll call:

 

Roll Call:         Ayes:  C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker

                      Nayes:  None

                     Absent:  None

                    Abstain:  C/Wojyn

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

 

Administration, Finance & Personnel

Public Safety

Councilwoman Robilotti reports:

 

Legislative, Insurance & Licenses

Councilwoman Carr has nothing to report this evening. 

 

Public Utilities

Councilman Rucker reports:

 

Correspondence

Peter Gorbatuk, Municipal Clerk has nothing to report this evening.

 

Borough Administrator/CFO Report

Laurie Finger reports:

 

Public Portion – Agenda Items

 

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

 

Marianne Krawiec asks if council has looked into one price plan for telephone costs.

 

Laurie Finger responded that she has been in touch with three different vendors and she has not received a response back yet.

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-10

 

ORDINANCE REPEALING & REPLACING CHAPTER 2.76

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “FLOOD DAMAGE PREVENTION”

 

WHEREAS, correspondence was received from Federal Emergency Management Agency (FEMA) concerning the need to revise the Borough’s current Flood Damage Prevention Ordinance to continue participation in the National Flood Insurance Program (NFIP) and after review the DEP recommended repealing the existing ordinance and replacing it with an updated version; and

 

            NOW, THEREFORE BE IT HEREBY ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.76 be deleted in its entirety and replaced with the following:

 

FLOOD DAMAGE PREVENTION

Chapter 2.76

2.76.01    Statutory authority.

 

The Legislature of the State of New Jersey has in N.J.S.A. 40:48.1 et seq. delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.  Therefore, the Council of the Borough of Englishtown, State of New Jersey, does ordain as follows:

 

2.76.02    Findings of fact.

 

A.     The flood hazard areas of the Borough of Englishtown are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

 

B.     These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, and, when inadequately anchored, damage uses in other areas.  Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

 

2.76.03    Statement of purpose.

 

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.     Protect human life and health.

B.     Minimize expenditure of public money for costly flood control projects.

C.     Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

D.     Minimize prolonged business interruptions.

E.      Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F.      Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.

G.     Ensure that potential buyers are notified that property is in an area of special flood hazard.

H.     Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

 

2.76.04    Methods of reducing flood losses.

 

In order to accomplish its purposes, this chapter includes methods and provisions for:

 

A.     Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

B.     Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C.     Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters.

D.     Controlling filling, grading, dredging and other development which may increase flood damage.

E.      Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

 

2.76.05    Definitions.

 

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application:

 

APPEAL – A request for a review of the Borough Engineer’s interpretation of any provision of this chapter or a request for a variance.

 

AREA OF SHALLOW FLOODING – A designated AO, AH or VO Zone on a community’s Digital Flood Insurance Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

 

AREA OF SPECIAL FLOOD HAZARD – The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

 

BASE FLOOD – The flood having a one-percent chance of being equaled or exceeded in any given year.

 

BASEMENT – Means any area of the building having its floor sub grade (below ground level) on all sides

 

BREAKAWAY WALL – Means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system

 

DEVELOPMENT – Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard

 

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) – means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

 

ELEVATED BUILDING – means a non-basement (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.  In an Area of Special Flood Hazard “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

 

FLOOR or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas from:

 

A.     The overflow of inland or tidal waters and/or

B.     The unusual and rapid accumulation or runoff of surface waters from any source.

 

FLOOD INSURANCE STUDY (FIS) – The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

 

FLOOD PLAIN MANAGEMENT REGULATIONS – means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power.  The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

 

FLOODWAY – means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths (0.2) foot.

 

HIGHEST ADJACENT GRADE – means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

HISTORIC STRUCTURE – means any structure that is:

a.       Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.      Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.       Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior ; or

d.      Individually listed on a local inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

e.       Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

                                                                           i.      By an approved State program as determined by the Secretary of the Interior; or

                                                                         ii.      Directly by the Secretary of the Interior in States without approved programs.

 

LOWEST FLOOR – means the lowest floor of the lowest enclosed area, including the basement.  An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building’s lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements. 

 

MANUFACTURED HOME – means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.  The term “manufactured home” does not include a “recreational vehicle”.

 

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION – Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

 

NEW CONSTRUCTION – means structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

 

NEW MANUFACTURED HOME PARK OR SUBDIVISION – means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either a final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality

 

RECREATIONAL VEHICLE – means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the longest horizontal projections; (iii) designed to be self propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

 

START OF CONSTRUCTION – for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date.  The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

 

Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.  For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 

 

STRUCTURE – A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

 

SUBSTANITAL DAMAGE – means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

 

SUBSTANTIAL IMPROVEMENT – means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement.  This term includes structures, which have incurred “substantial damage”, regardless of the actual repair work performed.  The term does not, however, include either:

a.       Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

b.      Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

 

VARIANCE – A grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter.

 

2.76.06    Applicable lands.

 

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Englishtown, State of New Jersey.

2.76.07    Basis for establishing areas of special flood hazard.

 

The areas of special flood hazard for the Borough of Englishtown, Community No. 340294, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

a.       A scientific and engineering report “Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)” dated September 25, 2009

b.      Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 34025C0140F; whose effective date is September 25, 2009

 

The above documents are hereby adopted and declared to be a part of this ordinance.  The Flood Insurance Study and maps are on file at 15 Main Street, Englishtown, New Jersey 07726.

 

2.76.08    Penalties for noncompliance.

 

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.  Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.  Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case.  Nothing herein contained shall prevent the Borough of Englishtown from taking such other lawful actions as is necessary to prevent or remedy any violation.

 

2.76.09    Abrogation and greater restrictions.

 

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.  However, where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

 

2.76.10    Interpretation of provisions.

 

In the interpretation and application of this chapter, all provisions shall be:

 

A.     Considered as minimum requirements.

B.     Liberally construed in favor of the governing body.

C.     Deemed neither to limit nor repeal any other powers granted under state statutes.

 

2.76.11    Warning; disclaimer of liability.

 

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.  Larger floods can and will occur on rare occasions.  Flood heights may be increased by man-made or natural causes.  This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. 

 

This chapter shall not create liability on the part of the Borough of Englishtown, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under.

 

2.76.12    Establishment of development permit.

 

A.     A development permit shall be obtained before construction or development begins within any area of special flood hazard established in §2.76.07.  Application for a development permit shall be made on forms furnished by the Borough Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

 

B.     Specifically, the following information is required:

 

(1)   Elevation, in relation to mean sea level, of the lowest floor (including   basement) of all structures.

(2)   Elevation in relation to mean sea level to which any structure has been flood proofed.

(3)   Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in §2.76.17(B).

(4)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

 

2.76.13 Designation of the Local Administrator.

 

The Borough Engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

 

2.76.14  Duties and Responsibilities of the Administrator.

 

Duties of the Borough Engineer shall include but not be limited to:

 

A.                     Permit review.  He shall:

(1)   Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2)   Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3)   Review all development permits to determine if the proposed development is located in the floodway.  If located in the floodway, assure that the encroachment provisions of §2.76.18(A) are met.

 

B.  Use of other Base Flood and Floodway Data.  When base flood elevation data has not been provided in accordance with §2.76.7 (Basis For Establishing the Area of Special Flood Hazard), the Borough Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer §§ 2.76.17(A) (Specific Standards, Residential Construction), and 2.76.17(B).  (Specific Standards, Non-Residential Construction).

 

C.                 Information to be obtained and maintained.  He shall:

(1)   Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2)   For all new or substantially improved flood proofed structures:

(a)          Verify and record the actual elevation (in relation to mean sea level).

(b)         Maintain the flood proofing certifications required in §2.76.12(B)(3).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

 

D.                 Alteration of watercourses.  He shall:

(1)   Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2)   Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

 

E.      Interpretation of FIRM boundaries.  He shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).  The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §2.76.15 below.

 

2.76.15  Variance procedure.

 

A.                             Appeal Board. 

(1)   The Zoning Board of Appeals as established by the Borough of Englishtown shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)   The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Borough Engineer in the enforcement or administration of this chapter.

(3)   Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer, may appeal such decision to the Superior Court of Monmouth County, as provided in statute.

(4)   In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluation, all relevant factors, standards specified in other sections of this chapter, and:

(a)    The danger that materials may be swept onto other lands to the injury of others;

(b)   The danger to life and property due to flooding or erosion damage;

(c)    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)   The importance of the services provided by the proposed facility to the community;

(e)    The necessity to the facility of a waterfront location, where applicable;

(f)     The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(g)    The compatibility of the proposed use with existing and anticipated development;

(h)    The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

(i)      The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j)     The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and,

(k)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

 

(5)   Upon consideration of the factors of §2.76.15(A)(4) above, and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

 

(6)   The Borough Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

 

B.                      Conditions for variances.

 

(1)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of §2.76.15 (A)(4) above have been fully considered.  As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

 

(2)   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

 

(3)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

 

(4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

(5)   Variances shall only be issued upon:

 

(a)    A showing of good and sufficient cause.

(b)   A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(c)    A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in §2.76.15(A)(4), or conflict with existing local laws or ordinances.

 

(6)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

 

2.76.16  General Standards

 

In all areas of special flood hazards the following standards are required:

 

A.                 Anchoring.

(1)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2)   All manufactured homes shall be anchored to resist flotation, collapse or lateral movement.  Methods of anchoring may include, but are not to be limited to, use of over-the top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

 

B.                   Construction materials and methods. 

 

(1)   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

 

C.                             Utilities

(1)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(2)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(3)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4)     Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

 

D.                            Subdivision proposals.

(1)   All subdivisions proposals shall be consistent with the need to minimize flood damage.

(2)   All subdivisions proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(3)   All subdivisions proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4)   Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

 

E.                             Enclosure Openings.

 

All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.  Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.  The bottom of all openings shall be no higher than one (1) foot above grade.  Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

 

2.76.17  Specific standards.

 

In all areas of special flood hazards where base flood elevation data have been provided as set for in §2.76.07, Basis for establishing areas of special flood hazard or in §2.76.14(B), Use of other Base Flood and Floodway Data the following standards are required:

A.     Residential construction. 

(1)    New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated to or above base flood elevation;

(2)    Within any AO zone on the municipality’s FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

 

B.      Nonresidential construction. 

(1)    New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; and

(2)    Within any AO zone on the municipality’s DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified).  And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;

 

OR

 

(1)   Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(2)   have structural components capable of resisting hydrostatic and  hydrodynamic loads and effects of buoyancy; and

(3)   be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection.  Such certification shall be provided to the official as set forth in §2.76.14(C)(2).

 

C.     Manufactured homes.

(1)    Mobile homes shall be anchored in accordance with §2.76.16(A)(2).

(2)    All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

 

2.76.18  Floodways.

 

Located within areas of special flood hazard established in §2.76.07 are areas designated as floodways.  Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

 

            A.  Prohibit encroachments, including fill, new construction, substantial                            

improvements and other development, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

 

            B.   If §2.76.18(A) above, is satisfied, all new construction and substantial

 improvements shall comply with all applicable flood hazard reduction    provisions of this Article §2.76.16, §2.76.17 and §2.76.18.

 

C.     In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

 

Public Hearing

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

There being no questions or comments, a motion to close the public hearing was

offered by C/Rucker and seconded by C/Robilotti.  Passed unanimously.

  

Adoption

A motion to adopt Ordinance No.2009-10, above titled, was offered by C/Carr and

Seconded by C/Robilotti.  Passed on the following roll call:

 

Roll Call:  Ayes:     C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker

                  Nays:   None

 Abstain:   C/Wojyn

 Absent:  None

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-11

 

ORDINANCE AMENDING AND SUPPLEMENTING

THE CODE OF THE BOROUGH OF ENGLISHTOWN

ESTABLISHING CHAPTER 2.133 ENTITLED “ALARM SYSTEMS”

 

Public Hearing

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

There being no questions or comments, a motion to close the public hearing was

offered by C/Rucker and seconded by C/Robilotti.  Passed unanimously.

 

C/Cooke requests that in §2.121.9 “false alarms emitted from an alarm system during any calendar year” should be changed to read “during any consecutive 12 month period”

 

C/Leonardis – re: §2.133.8 “Inspections” felt parts of this section were very vague and in §2.133.9 feels fines for false alarms are too low.

 

Council consensus unanimous to amend §2.121.9 to read “during any consecutive 12 month period”

and to double existing fines for false alarms.

 

C/Leonardis questions the necessity for §2.133.10 “Rule Making Authority”.  Feels with this section council will not have a good record of any changes being made to the Ordinance.

 

Attorney Youssouf suggests if you think you would like to remove this section, reach out to the Chief for his recommendation. If he has no objection to it’s removal, I have no objection since it’s not legally mandated to have this Section.

 

Mayor Reynolds directs Laurie Finger to reach out to the Chief for his recommendation on the removal of §2.133.10 “Rule Making Authority” and also to find out what procedures he has in place to administer this program.

 

Attorney Youssouf advises the public hearing be continued and the Borough Clerk advertise the amendments to the Ordinance.

 

A motion to continue the public hearing at the August 12, 2009 council meeting was offered by C/Cooke and seconded by C/Robilotti.  Passed unanimously.

 

Mayor Reynolds requests that all residents/businesses be notified of this new Ordinance.

 

Resolution No. 2009-159 is added to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-159

 

RESOLUTION TO AMEND ORDINANCE NO. 2009-11

 

            WHEREAS, during the public hearing for Ordinance No. 2009-11 entitled “Ordinance Amending and Supplementing the Code of the Borough of Englishtown Establishing Chapter 2.133 entitled “Alarm Systems”, which was held at the July 22, 2009 regular council meeting, the following amendments were made:

 

SECTION 2.133.9            FINES

A.                 An alarm user shall be subject to fines, warnings and suspension or revocation of registration depending on the number of false alarms emitted from an alarm system during the calendar year during any consecutive twelve (12) month period based upon the following schedule:

 

Number of False Alarms:                                    Fines

 

1-3       -0-

4-6       $50.00 *

4-6                                                            $100.00*

6+                                                            $100.00 *

6+                                                            $200.00*

 

* Plus a $35.00 late fee if not paid within thirty days.

 

            NOW THEREFORE BE IT RESOLVED that the following amendments to Ordinance No. 2009-11 are hereby approved by the Mayor and Council of the Borough of Englishtown.  The public hearing and adoption on this Ordinance including amendments will be held at the August 12, 2009 regular council meeting at 7:30 p.m. in Borough Hall, 15 Main Street  Englishtown, N.J.

 

Offered by:                   C/Carr

 

Seconded by:               C/Robilotti

                       

 Roll Call:         Ayes:    C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                    Abstain:    None

                     Absent:    None

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-157

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

AUTHORIZING THE APPROVAL OF DEPARTMENT REQUISITIONS

 

            WHEREAS, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and

 

            WHEREAS, after due consideration of the said requisitions, the Mayor and Council have approved processing 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 requisitions amounting to the sum of $917.53

are hereby authorized to be processed into purchase orders on July 22, 2009.

 

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

Minutes Book following the minutes of this meeting all of the said requisitions hereby authorized to be processed into purchase orders.

 

Offered By:                  C/Robilotti

                                   

Seconded By:               C/Carr

 

C/Carr questions mileage on the mileage reimbursement requisition for Ed Miller and Ralph Kirkland.  What rate are we currently paying?

 

Laurie Finger replies that the rate is .55 because we never changed the personnel policy to .31. 

 

A motion to pull the mileage reimbursement requisitions until further clarification is received and to amend the requisition list with a decrease of $398.75 bringing the sum to $917.53 is offered by C/Carr and seconded by C/Leonardis.

 

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:  None

              Abstain:   None

               Absent:  None

 

At this time a motion to change the mileage rate from the Federal rate of $0.55 to the State rate of $0.31 is offered by C/Carr and seconded by C/Leonardis.  Mayor Reynolds adds this to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-158

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

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 $369,865.55

                   are hereby authorized to be paid on July 22, 2009.

 

2.       The Borough Clerk 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/Robilotti

                                   

Seconded By:       C/Carr

 

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:   None

              Abstain:    None

               Absent:   None

 

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.

 

There being no questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Robilotti.   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 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/Robilotti

 

Roll Call:    Ayes:    C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:   None

                Absent:   None   

               Abstain:   None

 

The time being 8:28 P.M.

 

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

 

The time being 8:34 P.M.

 

Discussion takes place regarding the County Road Exchange Project and the possibility of eminent domain for a Borough resident.  Manalapan has approved this project, however Englishtown rejected it in February.  Confusion as to how they can go ahead with project after it has been rejected.  Attorney Youssouf will reach out to County Engineer for answers and for copies of the maps to see exactly how Englishtown will be affected.

 

Discussion takes place re: the excessively tall grass at 49 Main Street.   Authorization for abatement by DPW is necessary.  At this time Mayor Reynolds adds Resolution No. 2009-160 to tonight’s agenda.

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-160

 

AUTHORIZING ABATEMENT BY THE BOROUGH

OF CHAPTER 2.100 PROPERTY MAINTENANCE VIOLATION

 

            WHEREAS, complaints have been filed with the code enforcement officer of the Borough of Englishtown regarding excessively high grass at 49 Main Street, Block 4, Lot 15 on the Borough of Englishtown tax map; and

 

            WHEREAS, correspondence was sent to the owner and was returned to the Borough of Englishtown marked vacant/undeliverable.  Two (2) visits were also made to the residence by the Borough Code Enforcement Officer in an attempt to locate the owner and the real estate company Century 21 who the property is listed was also contacted; and

 

            WHEREAS, the Borough Code Enforcement Officer requested that a cost estimate to place 49 Main Street in proper condition, be prepared by the Department of Public Works Supervisor per Borough Code Chapter 2.100.14E to be presented to Mayor and Council; and

 

            WHEREAS, the cost estimated to place 49 Main Street in proper condition is two hundred forty dollars ($240.00) and after approval by Mayor and Council to perform the work, shall become a lien against the premises, collectible as provided by law.

 

            NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Englishtown authorize the abatement of the excessively high grass located at 49 Main Street if property is not placed in state of repair by August 1, 2009, at a cost of $240.00 which shall become a lien on the premises after the abatement is performed.

 

            BE IT FURTHER RESOLVED that a true certified copy of the resolution shall be filed with the tax collector, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises.

 

Offered By:                  C/Carr

                                   

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:   C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                  Nays: None

              Abstain: None

               Absent: None

 

At this time Resolution No. 2009-161 is added to tonight’s agenda.

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-161

 

AUTHORIZING CHANGE OF MILEAGE RATE FROM $.55 TO $.31

 

            WHEREAS, it has been the practice of the Borough of Englishtown to reimburse employees using their private vehicles for borough business at the IRS rate currently set at $.55 per mile; and

 

            WHEREAS, the Governing Body of the Borough of Englishtown wishes to change the employee travel reimbursement rate currently set by the IRS to the State of New Jersey, Department of the Treasury, Office of Management & Budget rate of $.31 per mile.

 

            NOW, THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Englishtown hereby authorize the employee travel reimbursement rate be changed from $.55 to $.31 effective immediately.

 

Offered By:                  C/Carr

                                   

Seconded By:               C/Robilotti

 

Roll Call:    Ayes:    C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:   None

              Abstain:    None

               Absent:   None

 

Adjournment

 

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

 

The time being 8:48 P.M.

 

__October 14, 2009________                                          ________________________

Approved by Governing Body                                         Municipal Clerk