March 21, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA

1. Call To Order

2. Invocation and Flag Salute

3. Mayor's Opening Statement
Notice of this meeting of the Mayor and Council of the Borough of Mendham
was published in the Observer Tribune and the Morris County Daily Record,
and was posted on the Phoenix House bulletin board on January 5, 2005 in
accordance with the Open Public Meetings Act.
4. Roll Call:

Mayor Richard Kraft
Councilman Louis Garubo
Councilman Stanley Witczak

Councilman Lawrence Haverkost
Councilman David Murphy

Council President Neil Henry
Councilwoman Barbara Stanton
Student Representative Sharon Hakakian

5. Consent Agenda
a. Banner Request ­Interchurch Committee of the Mendhams-
June 6th-13th, 2005/ Baccalaureate Service
June 13th-20th, 2005/Bible School Registration
b. Banner Request- Twin Borough Bears Football-July 11th-18th, 2005
c. RA#611- The Minutemen Sports Club/Off-Premise Draw
Raffle(Merchandise)

d. RA#612- The Minutemen Sports Club/On-Premise 50/50 Cash Raffle
e. Minutes of the February 7, 2005 regular meeting
f. Minutes of the February 22, 2005 regular meeting

6. Discussion Items:




7. Ordinance Introduction:

Ordinance #5-05 AN ORDINANCE AMENDING CHAPTER
215, ZONING, OF THE CODE OF THE
BOROUGH OF MENDHAM WITH REGARD
TO ACCESSORY USES, BUILDINGS AND
STRUCTURES, AND CERTAIN
DEFINITIONS

Ordinance #6-05 AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND
STATE OF NEW JERSEY TO AMEND
CHAPTER 206, VEHICLES AND TRAFFIC,
OF THE CODE OF THE BOROUGH OF
MENDHAM REGARDING PARKING ON
WILSON STREET

Ordinance #7-05 AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS AND
STATE OF NEW JERSEY, TO AMEND
CHAPTER 20, FIRE DEPARTMENT, OF
THE CODE OF THE BOROUGH OF
MENDHAM






REGULAR MEETING OF THE MAYOR AND COUNCIL

Agenda- March 21, 2005




8. Ordinance Public Hearing/Adoption:

Ordinance #2-05 AN ORDINANCE OF THE BOROUGH OF MENDHAM,
COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO
AMEND CHAPTER 124, LAND USE PROCEDURES AND
CHAPTER 195, SUBDIVISION OF LAND AND SITE PLAN
REVIEW, OF THE CODE OF THE BOROUGH OF
MENDHAM TO ADOPT AN APPLICATION CHECKLIST

Ordinance #3-05
AN ORDINANCE TO AMEND CHAPTER §
102-1, FEES, OF THE GENERAL
ORDINANCES OF THE BOROUGH OF
MENDHAM

Ordinance #4-05 AN ORDINANCE TO AMEND CHAPTER
102, FEES, SECTION 102-1, SCHEDULE
OF FEES, OF THE GENERAL
ORDINANCES OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, STATE
OF NEW JERSEY REGARDING
DEVELOPMENT FEES



9. Actions to be Taken:
Res. #49-05 Amend Temporary Budget
Res. #50-05 Amend Sewer Budget
Res. #51-05 Developer's Agreement Daytop Village
Res. #52-05 COAH Development Fees
Res. #53-05 Transfer of Appropriation Reserves
Res. #54-05 Salaries Class II- Public Works

10. Administrators Report

11. Council Reports, Old & New Business

12. Mayor's Items

13. Public Comment

14. Approval of Vouchers

15. Executive Session- Res. #55-05 Attorney Client Privilege

16. Adjournment





Items on the Consent Agenda are considered routine and will be acted upon
by the Borough Council by a single vote unless a member of the public, the
Borough Council or the Mayor request that an item be removed and
considered separately.



BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

ORDINANCE #5-05

AN ORDINANCE AMENDING CHAPTER 215, ZONING,
OF THE CODE OF THE BOROUGH OF MENDHAM
WITH REGARD TO ACCESSORY USES, BUILDINGS
AND STRUCTURES, AND CERTAIN DEFINITIONS


BE IT ORDAINED by the Council of the Borough of Mendham, County of Morris,
State of New Jersey, as follows:


SECTION 1. Chapter 215, Zoning, Article I, Terminology, Section 215-1, Word
usage and definitions, Paragraph B, Definitions, is hereby amended and supplemented
in the following particulars only:

a.
The following definitions are hereby added in their proper alphabetical
order:


"ACCESSORY BUILDING OR STRUCTURE - A building or structure, the use of
which is customarily incidental to that of the principal building located on the same lot.
When an accessory building is attached by a roof to a principal building or structure, it
shall be considered a part thereof.


ACCESSORY USE - A use of the land or of a building or portion thereof
customarily incidental and subordinate to the principal use of the land or building and
located on the same lot as the principal use.


ANIMAL UNIT means livestock nominally equivalent to one (1) thousand pound
animal, needing one (1) acre more or less of area to sustain its needs. The "Animal
Unit" would translate to one (1) horse, one (1) cow or cow with calf, two (2) five hundred
pound steers, five (5) 200 pound ewes, etc.

FRONT
YARD means a space extending across the full width of a lot between
the sideline of the traveled way of any street and the nearest part of the principal building
on the lot. Stoops, steps, terraces and balconies projecting not more than 60 inches
from a building shall not be construed as part of the building unless such projections are
roofed.


HOMESTEAD means that portion of an agricultural, horticultural or residential
parcel of land actually utilized for the residence building(s) and for domestic and
residential purposes (e.g., children's play area, home garden, recreational space, or
finished, landscaped areas).


HOUSEHOLD PET means a domestic animal which is tamed, associated with
family life, and accustomed to living within a residential domicile in space shared with the
human residents.


LIVESTOCK means animals, other than household pets, normally associated
with agricultural or similar uses, including horses, cattle, sheep, or other domesticated,
non-household, animals.


LOT, FLAG means a lot not meeting minimum frontage requirements and where
access to the public road is by a narrow access strip. The front line of a flag lot
,exclusive of the access strip (for "yard" and "setback" purposes), shall be that line most
close in proximity and most closely parallel to the associated street.


REAR YARD means a space extending across the full width of a lot between the
rear lot line and the nearest part of any building on the lot. Stoops, steps, terraces and
balconies projecting not more than 60 inches from a building shall not be construed as
part of the building unless such projections are roofed.


SIDE YARD means a space extending from the rear yard to the front yard
between either side lot line and the nearest part of any building on the lot. Stoops,
steps, terraces and balconies projecting not more than 60 inches from a building shall
not be construed as part of the building unless such projections are roofed.


YARD means an open space that lies between a lot line and the principal or
accessory building, as the case may be, nearest the lot line. The minimum required yard
as set forth in the ordinance shall be unoccupied and unobstructed by any structure from
the ground upward, except as specifically provided in this Chapter (e.g. fences, as
permitted).The minimum required yards are equivalent to the respective minimum
required setbacks. At front and rear corners of lots, side yard setbacks must be
observed as well as the applicable front or rear yard setbacks."


b.
The definition of LOT, CORNER is hereby amended to read as follows:


"LOT, CORNER means a lot at the junction of and fronting on two or more
intersecting streets when the interior angle of intersection does not exceed 135º. All lot
lines that front on a street shall be considered front lot lines. The lot line generally
parallel to the rear of the building shall be considered the rear lot line. In the case of a
building facing toward the interior angle rather than solely on one street frontage or the
other, there shall be no side lot line, and any lot line other than those considered front lot
lines shall be considered to be rear lot lines. On corner lots, principal buildings shall be
set back from each street bordering the corner lot at least the minimum front setback
applicable to the zone district where the property is located. Corner lots on collector,
major or arterial streets shall have driveway access only to the street of lesser traffic
classification."


c.
The definitions presently set forth for "Building, Accessory" and "Use,
Accessory" are hereby repealed.


SECTION 2. Chapter 215, Zoning, Article III, General Regulations, Section 215-
12.1, Agricultural uses, Paragraph D, Subparagraph (12) is hereby amended and
supplemented to read as follows:


"The raising and keeping of livestock [farm animals, including pets, pastoral farm
animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies and
mules], provided that proper sanitation standards, minimum acreage limits and boundary
sizes between fencing or enclosures and joining properties are established, subject to
the following:

(a)
This provision [§ 215-12.1.D(12)] shall apply only to the 5-, 3-, 1-
and ½ -Acre Residence Zones; and

(b)
A Minimum Lot Area of three acres (130,680 square feet) is
required for the maintenance of any Livestock; and

(c)
A Minimum of One Acre (43,560 square feet) of Lot Area
(excluding the Homestead) is required for each Animal Unit to be maintained on
the property."


SECTION 3. Chapter 215, Zoning, Article IV, 5-Acre, 3-Acre, 1-Acre and ½-Acre
Residence Zones, Section 215-13, Uses permitted, is hereby amended and
supplemented in the following particulars only:


a.
Paragraph E, Accessory uses. is hereby amended to read as follows:



"E. Accessory uses. Uses customarily incident to the above permitted
uses, except:

(1)
Accessory buildings and runs, pens or similar enclosures (not
including perimeter fencing of an open pasture) required for any animals kept on
the premises, other than household pets, must be kept at least 200 feet from all
lot lines.

(2)
Buildings or structures for the maintenance of livestock shall be
permitted only in the 5-Acre, 3-Acre, 1-Acre and ½-Acre Residence Zones
(regardless of references in other zone district standards to inclusion of uses
permitted in these Zones).

(3)
A Minimum Lot Area of 3 acres is required for the maintenance of
any Livestock.

(4)
A Minimum of 1-Acre of lot area (excluding the Homestead) is
required for each Animal Unit to be maintained on the property.

(5)
The sale of agricultural goods by means of a stand or other public
display is specifically prohibited, except as permitted by § 215-12.1.D."

b.
Paragraph F, Conditional uses, shall be re-designated as Paragraph H.

c.
A new Paragraph F is hereby added to read as follows:

"Accessory uses including related and appurtenant buildings and structures
which are deemed to be customarily incidental and subordinate to single-family
residential uses are as follows:

a.
private swimming pools and tennis or sports courts as regulated
herein

b.
patios, decks, terraces and barbecue structures

c.
pool houses, cabanas, storage sheds and like accessory buildings

d.
pergolas and other roofed open-air garden structures

e.
child's play apparatus installed on the property

f.
private non-commercial agricultural and horticultural buildings
including greenhouses, barns stables and like out-buildings

g.
private garages accessory to the principal dwelling

h.
fences as permitted and regulated by §215-29.B.

i.
residential signs as permitted and regulated in §215-8.C." d.
A new Paragraph G is hereby added to read as follows:


"In all residence zones, private swimming pools and non-illuminated tennis or
sports courts are permitted as accessory uses provided that they comply with the
applicable setback regulations for the principal structure. Private tennis or sports courts
which have above ground lights on standards three (3') feet high or more, the primary
purpose of which is to extend the hours of operation, shall be considered conditional
uses and approved by the Planning Board. All such lighting shall be subject to review
and approval by the Planning Board Engineer for compliance with the provisions of
§195-47.A. and shall be limited to a maximum illumination of 0.2 foot-candles at the
perimeter of the playing surface. Any court with taller fixtures or fixtures exceeding this
maximum illumination level shall be deemed an illuminated court. All illuminated tennis
or sports courts shall comply with the requirements of §215-13.H(1) regarding
conditional use standards for clubs. Deviation from any of these standards shall require
a use variance by the Zoning Board of Adjustment. In reviewing any application for an
illuminated court the Planning Board or Zoning Board of Adjustment, as the case may
be, shall consider the following factors:



a.
hours of use b.
location of the light fixtures



c.
impact of the lights on adjacent property



d.
intensity and potential glare of the lights

e.
impact of extended nighttime use of the facility on adjacent
property and the neighborhood

f.
reasonable restrictions on the approval of such facilities including
the type of lighting standards, fixtures, illumination intensity, angle
of light, hours of lighted evening use, screening, berming,
landscaping and fencing and similar techniques to prevent the
illumination from constituting a nuisance to adjacent property."


SECTION 4. Chapter 215, Zoning, Article V, ¼-Acre Residence Zone, § 215-15,
Uses permitted, Paragraph A, is hereby amended and supplemented to read as follows:



"A. Any use specified in Article IV as permitted in the 5-Acre, 3-Acre, 1-
Acre and ½-Acre Residence Zones (subject to the terms and conditions stated therein),
but excluding the maintenance of livestock."


SECTION 5. Chapter 215, Zoning, Article X, Lot Area and Bulk Requirements, §
215-31.1, Supplementary Zoning Regulations for building height, building footprint,
impervious coverage and accessory structures, is hereby amended in the following
particulars only:



a.
The paragraphs presently designated "F" and "G" shall be re-
designated as paragraphs "H" and "I", respectively.



b.
A new paragraph F, is hereby added to read as follows:



"F. Any structure or building used in whole or in part for or by livestock or
other animals other than household pets shall be located at least 200 feet from
any boundary line of the property upon which it is located."



c.
A new paragraph G, is hereby added to read as follows:



"G.
(1)
Except as provided in subparagraphs (2) and (3) below, no
accessory structures or buildings shall be permitted in front yards except
driveways, walkways, residential signs (as regulated by §215-8.C), fences (as
regulated by §215-29.B) or other ornamental or decorative features.


(2)
Patios and terraces may be installed, in whole or in part, in
any front yard area, but not closer to the street than the minimum front setback
applicable to the zone district in which the property is
located.




(3)
In addition, on corner lots only, child's play apparatus and
sheds having a building coverage of less than 200 square feet may be installed
in whole or in part in any front yard area other than that relating to the street
which most closely parallels the front façade of the principal building, but not
closer to the other street(s) than the minimum front setback applicable to the
zone district in which the property is located." SECTION 6. Chapter 215, Zoning, Schedule I is hereby amended to change the
reference contained in footnote 3 on Schedule I from "§ 215-32" to "§ 215-31.1".


SECTION 7. Chapter 215, Zoning, Schedule II is hereby amended to change the
reference in footnote 4 from "§ 215-32" to "§ 215-31.1".


SECTION 8. All Ordinances of the Borough of Mendham which are inconsistent
with the provisions of this Ordinance are hereby repealed to the extent of such
inconsistency.


SECTION 9. This ordinance may be renumbered for purposes of codification.


SECTION 10. If any section, subsection, sentence, clause of this Ordinance is
for any reason held to be unconstitutional or invalid, such decision shall not affect the
remaining portions of this Ordinance.


SECTION 11. This Ordinance shall take effect upon final passage and
publication as provided by law.

BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

ORDINANCE #6- 05

AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE
OF NEW JERSEY TO AMEND CHAPTER 206,
VEHICLES AND TRAFFIC, OF THE CODE OF THE
BOROUGH OF MENDHAM REGARDING PARKING
ON WILSON STREET



BE IT ORDAINED, by the Borough Council of the Borough of Mendham, in
the County of Morris, and State of New Jersey that Chapter 206, Vehicles and
Traffic, of the Code of the Borough of Mendham be amended and supplemented as
follows:
SECTION 1. Article XIV, Schedules, Section 206-43, Schedule I: No
Parking, is hereby amended by the deletion of Wilson Street .
SECTION 2. The regulatory signs erected and maintained to prohibit
parking on the south side of Wilson Street shall be removed.
SECTION 3. All Ordinances of the Borough of Mendham, which are
inconsistent with the provisions of this Ordinance, are hereby repealed to the
extent of such inconsistency.
SECTION 4. If any section, subsection, sentence, clause of phrase of this
Ordinance is for any reason held to be unconstitutional or invalid, such decision
shall not affect the remaining portions of this Ordinance.
SECTION 5 . This Ordinance shall take effect immediately upon final
passage, approval, and publication as required by law.
SECTION 6. This Ordinance may be renumbered for codification
purposes.




BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

ORDINANCE #7-05



AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS AND STATE OF
NEW JERSEY, TO AMEND CHAPTER 20, FIRE
DEPARTMENT, OF THE CODE OF THE BOROUGH
OF MENDHAM



BE IT ORDAINED, by the Borough Council of the Borough of Mendham, in
the County of Morris, and State of New Jersey, as follows:
SECTION
1. Chapter 20, Fire Department, Section 20-1, Members, is
hereby amended and supplemented to read as follows:
"The Fire Department of the Borough of Mendham shall
consist of a Fire Chief, a Deputy Chief of the fire
company, First Assistant Chief and a Second Assistant
Chief, and such fire fighters as now are or may
hereafter be appointed by the Council. They shall be
organized in as many companies as may be necessary.
A minimum of two of the Officers must be residents of
the Borough of Mendham, provided that an Officer who
is not a resident must live within a ten (10) mile radius
of the Borough of Mendham, unless such requirement
is waived by the Borough Council."

SECTION
2. Chapter 20, Fire Department, Section 20-3, Duties and
qualifications of Chief, Paragraph B, is hereby amended to read as follows:

"B.
The Chief shall be over 18 years of age
and shall be selected from the company or
companies to be organized under this chapter."


SECTION 3. Chapter 20, Fire Department, Section 20-5, Duties of Deputy
Chief, is hereby amended to read as follows:
"The Deputy Chief shall have charge, in the absence of
the Chief, with all his or her powers, and the First
Assistant Chief and Second Assistant Chief shall have
charge in the absence of the other officers with full
powers. All of these officers shall be at least 18 years
of age."


SECTION 4. All ordinances, resolutions and regulations or parts of
ordinances, resolutions and regulations inconsistent with this ordinance are hereby
repealed to the extent of such inconsistencies.

SECTION 5. This ordinance may be renumbered for codification purposes.

SECTION 6. If any article, section, subsection, paragraph, phrase, or
sentence is for any reason held to be unconstitutional or invalid, said article,
section, subsection, paragraph, phrase, or sentence shall be deemed severable.


SECTION 7. This ordinance shall take effect immediately upon final
passage, approval and publication as required by law.

Introduced:
Adopted: APPROVED:

Richard
G.
Kraft,
Mayor
Attest:

Maureen Massey, RMC, CMC

Borough Clerk


Office of the
Land Use Coordinator


TO:

Maureen Massey, Borough Clerk

FROM:
Diana Callahan, Land Use Coordinator

DATE:
March 15, 2005

RE:
An Ordinance of the Borough of Mendham, County of Morris and
State of New Jersey to Amend Chapter 124, Land Use Procedures and
Chapter 195, Subdivision of Land and Site Plan Review, of the Code
of the Borough of Mendham to Adopt an Application Checklist



At its regular meeting of March 15, 2005, the Planning Board passed a motion to recommend
that the Council consider adoption of the above referenced Application Checklist. cc:
R. Blakeslee, Administrator
P. DeBona, Attorney
Members of the Planning Board




BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

ORDINANCE # 2 - 05

AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE
OF NEW JERSEY TO AMEND CHAPTER 124,
LAND USE PROCEDURES AND CHAPTER 195,
SUBDIVISION OF LAND AND SITE PLAN REVIEW,
OF THE CODE OF THE BOROUGH OF MENDHAM
TO ADOPT AN APPLICATION CHECKLIST




BE IT ORDAINED, by the Borough Council of the Borough of
Mendham, in the County of Morris, and State of New Jersey as follows:
SECTION 1. Chapter 124, Land Use Procedures, of the Code of the
Borough of Mendham is hereby amended in the following particulars only:
a.
Article I, Planning Board, Section 124-8, Procedure for filing
applications, is hereby amended to read as follows:
"§124-8. Procedure for filing applications.
Applications for development within the jurisdiction of the
Planning Board, pursuant to the provisions of P.L. 1975, c.
291 (N.J.S.A. 40:55D-1 et seq.), shall be filed with the
Secretary of the Planning Board. The applicant shall file, at
least 35 days before the date of the monthly meeting of the
Board, 22 copies of a sketch plat, 22 copies of an application
for minor subdivision approval, 22 copies of an application
for major subdivision approval or 22 copies of an application
for site plan review, conditional use approval or planned
development. At the time of filing the application, but in no
event less than 35 days prior to the date set for the hearing,
the applicant shall also file 22 copies of all plot plans, maps
or other papers required by the Application Checklist set
forth as Appendix A of this chapter. The applicant shall
obtain all necessary forms from the Secretary of the
Planning Board. The Secretary of the Board shall inform the
applicant of the steps to be taken to initiate applications and
of the regular meeting dates of the Board."


b.
Article II, Zoning Board of Adjustment, Section 124-19, Appeals and
applications, Paragraph D, Incomplete application, is hereby amended in its entirety
to read as follows:
"§124-19. Completeness of application.
An appeal or application to the Board of Adjustment shall be
complete for purposes of commencing the applicable time
period for action by the Board of Adjustment when so
certified by the Board of Adjustment or its authorized
designee. In the event that the Board of Adjustment or its
designee does not certify the application to be complete
within 45 days of the date of its submission, the application
shall be deemed complete upon expiration of the forty-five
day period for purposes of commencing the applicable time
period unless the application lacks information in the form
and substance required by the Application Checklist set forth
as Appendix A to Chapter 124, for the particular type of
application, which list of requirements and forms shall be
provided to the applicant, and the Board of Adjustment or its
designee has notified the applicant, in writing, of the
deficiencies in the application within 45 days of submission
of the application. The applicant may request that one or
more of the submission requirements be waived, in which
event the Board of Adjustment shall grant or deny the
request within 45 days. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the
application process that he or she is entitled to approval of
the application. The Board of Adjustment may subsequently
require correction of any information found to be in error and
submission of additional information not specified in this part
1 or the Application Checklist or any revisions in the
accompanying documents as are reasonably necessary to
make an informed decision as to whether the requirements
necessary for approval of the application for development
have been met. The application shall not be deemed
incomplete for lack of any such additional

information or any revisions in the accompanying documents
so required by the Board of Adjustment."
c.
The Application Checklist, attached hereto as Exhibit A, is hereby
adopted and incorporated into the Code of the Borough of Mendham as Appendix A
to Chapter 124."
SECTION 2. Chapter 124, Land Use Procedures, Chapter 195,
Subdivision of Land and Site Plan Review, of the Code of the Borough of
Mendham is hereby amended in the following particulars only:
a.
Article V, Minor subdivisions, §195-12, Map requirements, is hereby
amended to read as follows:
"§195-12. Map requirements.
The application shall be accompanied by five copies of the
proposed subdivision. After determination of completeness
by the Technical Review Committee, an additional 15 or 20
copies, as determined by the administrative officer, shall be
presented. The minor subdivision plat shall contain all of the
information required by the Application Checklist, Appendix
A, Chapter 124."
b. Article VI, Preliminary Approval of Major subdivisions, 95-19, Preliminary
plat requirements, is hereby amended in its entirety to read as follows:
"§195-19. Preliminary plat requirements.
The application shall be accompanied by five copies of the
proposed subdivision. After determination of completeness
by the Technical Review Committee, an additional 15 or 20
copies, as determined by the administrative officer, shall be
presented. The subdivision plat shall be in conformance
with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9
et seq.) The preliminary plat shall contain all of the
information required by the Application Checklist, Appendix
A, Chapter 124."
c. Article VII, Final Approval of Major Subdivisions, §195-23, Final Plat
requirements, is hereby amended in its entirety to read as follows:

"§195-23. Final plat requirements.
A. The application shall be accompanied by an original cloth
tracing and 20 copies, plus any prints and reproducibles
required by the County Planning Board, of the proposed final
subdivision. The final plat shall have incorporated therein all
changes or modifications required by the approving authority
in respect to the preliminary plat.
B. The final plat shall be drawn in ink on tracing cloth and in
compliance with all of the provisions of the Map Filing Act,
P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). The size of
the map preferably shall be 24 inches by 36 inches. The
final plat shall contain or be accompanied by the information
required by the Application Checklist, Appendix A, Chapter
124."
d. Article IX, Site Plan Approval, §195-36, Procedure for preliminary
approval, Paragraph A, is hereby amended to read as follows:
"A. The applicant shall submit the preliminary site plan
application and five copies of plats and maps, together with
the information required by the Application Checklist,
Appendix A, Chapter 124, and payment of all required fees
to the administrative officer. After determination of
completeness by the Technical Review Committee, an
additional 15 or 20 copies, as determined by the
administrative officer who shall submit copies of said
preliminary plat to the following:
(a) Approving
authority
attorney
(b) Borough
Engineer
(c) Planning
consultant
(d) Construction
Official
(e)
Board of Health
(f) Fire
Department
(g) Police
Department
(h)
Borough Sewer Department

(i)
Other municipal officials and agencies as directed by the approving
authority.
(j) Environmental
Commission
(k)
Shade Tree Commission"

e. Article IX, Site Plan Approval, §195-39, Procedure for final approval,
Paragraph A., subparagraph (1) is hereby amended to read as follows:
"(1) The applicant shall submit the final site plan application
and 20 copies, plus any prints and reproducibles required by
the County Planning Board, of the plat maps, together with
the information required by the Application Checklist,
Appendix A, Chapter 124, and payment of all required fees
to the administrative officer, who shall submit copies of the
plat to the following:
(a) Approving
authority
attorney
(b) Borough
Engineer
(c) Planning
consultant
(d) Construction
Official
(e)
Board of Health
(f)
Borough Sewer Department
(g) Environmental
Commission."
SECTION 3. All Ordinances of the Borough of Mendham, which are
inconsistent with the provisions of this Ordinance, are hereby repealed to the
extent of such inconsistency.
SECTION 4. If any section, subsection, sentence, clause of phrase of
this Ordinance is for any reason held to be unconstitutional or invalid, such
decision shall not affect the remaining portions of this Ordinance.
SECTION 5 . This Ordinance shall take effect immediately upon final
passage, approval, and publication as required by law.
SECTION 6. This Ordinance may be renumbered for codification
purposes.



BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

ORDINANCE #3-05

AN ORDINANCE TO AMEND CHAPTER § 102-1, FEES,
OF THE GENERAL ORDINANCES OF THE BOROUGH
OF MENDHAM BE IT ORDAINED, by the Borough Council of the Borough of Mendham,
in the County of Morris and State of New Jersey, as follows:


SECTION 1. Chapter 102, Fees, §102-4, Fees for Copies of Public
Documents, Paragraph A, Duplication of Printed Records, item (4) Police Records, of
the General Ordinances of the Borough of Mendham is hereby amended to read as
follows:


"(4) Police
Records

a. Copies of motor vehicle accident reports
(obtained in person)
As set forth in
A (1) above
b. Copies of motor vehicle accident reports
$5 for first 3

(other than in person, when not part of a
pages and $1
discovery request) per page for
each
addit'l
c. Copies of motor vehicle accident reports
As set forth in
(when part of discovery request)and
A(1)aboveplus
discovery requests other than in person
actual postage
and $0.25 per
envelope
d. Incident verification letter:


$5
e. Duplicate photographs


Actual cost of
duplicating"

SECTION 2. Chapter 102, Fees, §102-4, Fees for Copies of Public
Documents, Paragraph B, Electronic records, of the General Ordinances of the Borough
of Mendham is hereby amended to read as follows:


"B.

Electronic
records
Fee

(1)
Audiotape reproduction of public meeting

$5
(2)
Conversion of paper record to electronic form
As set forth in A(1) above
(3)
Conversion of electronic files from Actual cost of
one software product to another


conversion
(4) Audiotape of police communications ­ tape
$5 per tape
-
disk
or
CD
$5per
disk/CD
(5)
Copies of video tapes associated
with Court Discovery


Actual cost of
duplicating
(6)
Computer generated records


As set forth in
A
(1)
above


(7)
Records on disk or CD

CD-to-CD or disk-to-disk reproduction

$5per disk/CD
(8)
Digital
photographs
$5
per
disk"


SECTION 3. All Ordinances of the Borough, which are inconsistent with
the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency. SECTION 4. If any section, subsection, sentence, clause of phrase of
this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall
not affect the remaining portions of this Ordinance.



SECTION 5. This Ordinance shall take effect immediately upon final
passage, approval and publication as required by law.

BOROUGH OF MENDHAM

COUNTY OF MORRIS
ATTEST:
STATE
OF
NEW
JERSEY


___________________________
By:___________________________
Maureen Massey, RMC, CMC

Richard G. Kraft, Mayor
Borough Clerk











BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

ORDINANCE #4-05


AN ORDINANCE TO AMEND CHAPTER 102, FEES,
SECTION 102-1, SCHEDULE OF FEES, OF THE
GENERAL ORDINANCES OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, STATE OF
NEW JERSEY REGARDING DEVELOPMENT FEES



BE IT ORDAINED, by the Borough Council of the Borough of Mendham, in
the County of Morris, and State of New Jersey, as follows:

SECTION 1. Chapter 102, Fees, Section 102-1, Schedule of fees, of the
Code of the Borough of Mendham, Morris County, New Jersey is hereby amended
and supplemented in the following particulars only:
Chapter/Sectio Service Fee
n
124-26E(2)
Residential development
(1) Within all residential zone districts, one percent
(1.0%) of the equalized assessed value for any
eligible residential development.

124-26E(3) Non-residential
development
(1) Within all non-residential zone districts,
two percent (2.0%) of the equalized assessed
value for any eligible non-residential
development.


SECTION 2. All ordinances of the Borough of Mendham, which are
inconsistent with the provisions of this Ordinance, are hereby repealed to the extent
of such inconsistency.

SECTION 3. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid, such decision
shall not affect the remaining portions of this Ordinance.

SECTION 4. This Ordinance may be renumbered for codification purposes.

SECTION 5. This Ordinance shall take effect immediately upon final
passage, approval, and publication as required by law and shall be rendered null
and void if the Borough fails to petition the Council on Affordable Housing for third
round substantive certification by December 20, 2005.
ATTEST:
APPROVED: Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk



BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #49-05


BE IT RESOLVED by the Mayor and Council of the Borough of Mendham,

Morris County, New Jersey as follows:


WHEREAS, an emergent condition has arisen with respect to a delay in the

adoption of the official budget for 2005 and no adequate provision has been made

in the 2005 temporary appropriations for expenditures for the month of April, and

N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation

for the purposes above mentioned, and


WHEREAS, the total emergency temporary resolutions adopted in the year 2005

pursuant to the provision of Chapter 97, P.L. 1951 (N.J.S. 40A:4-20) including this

resolution total $356,532.00;


NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all the

members therefore affirmatively concurring) that in accordance with the provision of

N.J.S. 40A:4-20:

1. An emergency appropriation be and the same is hereby made for the 2005

temporary budget in the amount of $356,532.00.

2. That said emergency temporary appropriations will be provided for in the

2005 budget.

3. That one certified copy of this resolution be filed with the Director of the

Division of Local Government Services.


The following are the emergency temporary appropriations by account:

1. Administrative and Executive
Salaries
and
Wages
13,300.00
Other
Expenses

2,500.00

2. Financial Administration
Salaries
and
Wages


4,650.00
Other Expenses 250.00


3. Tax Assessor
Salaries
and
Wages

1,510.00
Other Expenses 100.00

4. Tax Collector
Salaries
and
Wages

2,450.00
Other Expenses 100.00


5. Buildings and Grounds
Salaries
and
Wages

5,250.00
Other Expenses .00

6.


Planning
Board

Other
Expenses 200.00 7.


Engineering


Other Expenses 2,000.00 8.


Board
of
Adjustment

Other
Expenses 200.00 9. Police Salaries
and
Wages
63,000.00

Other
Expenses

2,000.00 10.
Municipal
Court

Salaries
and
Wages
1,250.00

11. Roads
Salaries
and
Wages
50,311.00

Other
Expenses 25,000.00


12. Board of Health
Salaries
and
Wages
275.00


Other Expenses 100.00

13. Parks
Salaries
and
Wages
1,500.00
Other Expenses .00


14.

Fire


Other Expenses .00 15. Public Assistance
Salaries
and
Wages



675.00

16.

Building
Inspection

Salaries
and
Wages
1,750.00
Other
Expenses 50.00


17.

Recycling



Other Expenses 2,000.00 18.

Environmental

Other
Expenses 1,300.00


19.

Building
Inspection
Interlocal

Salaries
and
Wages
3,750.00


Other Expenses .00 20.

Recreation
Other
Expenses 1,000.00
Salaries
and
Wages



200.00

21.

Street
Lighting

Other
Expenses 2,000.00


22.

Shade
Tree
Other
Expenses

500.00 23.

Legal
Expenses



Other Expenses 1,500.00 24.

Library



Other Expenses 12,625.00

25. Fire Hydrants Other
Expenses 7,200.00


26.

Contingent
Other
Expenses


100.00


27.

Hospitalization



Other Expenses 45,000.00 28.

Workmens
Compensation

Other Expenses 15,250.00

29. Other Insurance
Other Expenses 10,550.00


30. Social Security

Other
Expenses 4,700.00

31. Long Term Disability
Other
Expenses 1,000.00


32.

Mayor
and
Council
Other
Expenses


100.00


33.

Municipal
Clerk

Salaries
and
Wages
3,100.00


34.

Computerized
Data
Processing



Other Expenses 500.00

35.
Historic
Preservation

Other
Expenses


250.00

36. Aid to Volunteer Ambulance Co.
Other Expenses 500.00 37. Electricity Other Expenses 2,000.00


38.

Telephone

Other
Expenses 1,000.00

39.
Water
Other
Expenses 1,500.00

40.

Natural
Gas
Other
Expenses 3,000.00

41.

Gasoline

Other
Expenses 5,000.00

42.
Visiting
Nurse


Other
Expenses

180.00

43.

PERS
Pension

Other
Expenses 9,144.00
44.

PFRS
Pension
42,462.00

45.

Fire
Related
Services



Salaries
and
Wages
500.00


46. Senior Transportation
Other Expenses 200.00
DATED: March 21, 2005 ______________________________ Richard G. Kraft, Mayor
ATTEST:


______________________________
Maureen Massey, RMC, CMC
Borough
Clerk







BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #50-05



BE IT RESOLVED by the Mayor and Council of the Borough of Mendham,

Morris County, New Jersey as follows:


WHEREAS, an emergent condition has arisen with respect to a delay in the

adoption of the official Sewer Utility Budget for 2005 and no adequate provision

has been made in the 2005 temporary Sewer Utility appropriations for expenditures

for the month of April, and N.J.S. 40A:4-20 provides for the creation of an emergency

temporary appropriation for the purposes above mentioned, and


WHEREAS, the total emergency temporary resolutions adopted in the

year 2005 pursuant to the provision of Chapter 97, P.L. 1951 (N.J.S. 40A:4-20)

including this resolution totals $83,361.67,


NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all the

members therefore affirmatively concurring) that in accordance with the provisions

of N.J.S. 40A:4-20:

1. An emergency appropriation be and the same is hereby made for the 2005

Temporary Sewer Utility Budget in the amount of $83,361.67.

2. That said emergency temporary appropriations will be provided for in the

2005 Sewer Utility Budget.

3. That one certified copy of this resolution be filed with the Director of the

Division of Local Government Services.

The following are the emergency temporary appropriations by account:


Sewer
Utility
Salaries and Wages

30,000.00


Other Expenses
50,361.67


Statutory Expenditures
3,000.00 83,361.67


DATED: March 21,2005



______________________________


Richard
G.
Kraft,
Mayor
ATTEST:


_________________________________
Maureen Massey, RMC, CMC
Borough Clerk




BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #51-05




WHEREAS, the Board of Adjustment granted a use variance and
preliminary and final site plan approval to Daytop Village Foundation, Inc. by resolution
dated April 6, 2004; and


WHEREAS, pursuant to the Board of Adjustment resolution the developer
is required to enter into a developer's agreement with the Borough.


NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough
Council of the Borough of Mendham, in the County of Morris, and State of New Jersey,
that the Mayor and Borough Clerk are hereby authorized to execute a developer's
agreement between the Borough and Daytop Village Foundation, Inc.


This Resolution shall take effect immediately.


DATED: March 21, 2005


Richard G. Kraft, Mayor
ATTEST: Maureen Massey, RMC, CMC
Borough Clerk





BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #52-05


WHEREAS, the Borough of Mendham received substantive certification from the
New Jersey Council on Affordable Housing (COAH) on June 5, 1996 for a period of six
years, which expired on June 5, 2002; and

WHEREAS, on March 6, 2002, by way of Resolution No. 26-02, COAH granted
extended second round substantive certification to the Borough of Mendham; and

WHEREAS, the Borough of Mendham has filed a motion with COAH for
extended second round substantive certification in accordance with rule N.J.A.C. 5:91-
14.3; and

WHEREAS, the Borough of Mendham adopted a development fee ordinance
which was approved by COAH as part of the second round substantive certification; and

WHEREAS, the third round rules adopted by COAH permit a municipality to
amend the development fee ordinance, without prior COAH approval, to increase the
development fees for residential development to one percent (1%) and for non-
residential development to two percent (2%) prior to applying for third round substantive
certification; and

WHEREAS, on March 21, 2005, the Borough of Mendham adopted Ordinance
#4-05 which increased the development fees for residential and non-residential
development; and

WHEREAS, COAH requires that any municipality, which adopts an ordinance to
increase the development fees, state that the municipality has only made changes to the
fee percentages of the development fee ordinance, commit to petition for a third round
substantive certification by December 20, 2005 and declare that the ordinance shall be
null and void if the municipality fails to petition for third round substantive certification.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of
the Borough of Mendham, in the County of Morris, State of New Jersey, that the
Borough of Mendham hereby states that the only changes to the development fee
ordinance enacted by Ordinance #4- 05 are to the fee percentages; and

BE IT FURTHER RESOLVED that the Borough of Mendham commits to petition
for a third round substantive certification prior to December 20, 2005; and


BE IT FURTHER RESOLVED that Ordinance #4-05 shall be rendered null and
void if the Township fails to petition for third round substantive certification by December
20, 2005.


This resolution shall take effect immediately.

Dated: March 21, 2005
BOROUGH
OF
MENDHAM

COUNTY OF MORRIS
STATE
OF
NEW
JERSEY




By:


Richard G. Kraft, Mayor

Attest:



________________________________
Maureen Massey, RMC, CMC
Borough Clerk


BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #53-05


WHEREAS, there appears to be insufficient funds in the following 2004 reserve
accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to
meet the demands thereon for the balance of that year: Municipal Court S/W and Kelly
Act O/E; and
WHEREAS, there appears to be a surplus in the following accounts (excepting
the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of the
Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement
Fund, or Interest and Debt Redemption Charges) over and above the demand deemed
to be necessary for the balance of 2004: Roads S/W and Street Lights O/E;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Mendham, County of Morris, State of New Jersey, (not less than two thirds of
all members thereof affirmatively concurring) that in accordance with the provisions of
N.J.S. 40A:4-58, part of the Surplus in the accounts heretofore mentioned is hereby
transferred to the accounts (excepting the appropriation for Contingent Expenses or
Deferred Charges) mentioned as having insufficient funds; and

BE IT FURTHER RESOLVED that the Treasurer is hereby authorized and
directed to make the following transfer of appropriation reserves:

FROM: TO:
Roads S/W

4,000.00
Municipal Court S/W
4,000.00
Street Lights O/E

2,500.00
Kelly Act O/E
2,500.00



DATED: March 21, 2005

__________________________________
ATTEST: Richard G. Kraft, Mayor

________________________________
Maureen Massey, RMC, CMC
Borough Clerk






BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #54-05



WHEREAS, Salary Ordinance 8-01, as amended, has been adopted by the Mayor
and Council of the Borough of Mendham.



NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough
of Mendham, County of Morris, and State of New Jersey, that the following annual salaries
are established, commencing April 1, 2005:


CLASS II - PUBLIC WORKS ANNUAL SALARY
Roads, Buildings, Grounds, Parks
Foreman ­ Roads ­ Paul Nelson
$52,010.00
Semi-skilled Laborer- Roads ­ William Taquinto
$34,960.00


This Resolution shall take effect immediately.



DATED: March 21, 2005


__________________________________
Richard
G.
Kraft,
Mayor


ATTEST:


________________________________
Maureen Massey, RMC, CMC
Borough Clerk




BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY

RESOLUTION #55-05



BE IT RESOLVED by the Mayor and Council of the Borough of
Mendham, in the County of Morris and State of New Jersey as follows:


WHEREAS, it is necessary for the Mayor and Council of the
Borough of Mendham to discuss matters relating to Attorney Client Privilege which
matters are permitted by Section 7.b. of the Open Public Meetings Act (Chapter
231 of the Public Laws of the State of New Jersey for 1975) to be discussed in
closed session in the absence of the public; and


WHEREAS, the Mayor and Council of the Borough of Mendham has
determined that it is necessary in the public interest that the matters in fact be
discussed in closed session, and has estimated that, as nearly as can now be
ascertained, the results of the discussion can be disclosed to the public at the
following time and under the following circumstances: when the matters are
resolved


NOW, THEREFORE IT IS RESOLVED that the public be excluded
from the ensuing portion of this meeting, during which only the aforestated matters
will be discussed.

DATE: March 21, 2005

________________________________
Richard G. Kraft, Mayor
ATTEST:

____________________________________
Maureen Massey, RMC, CMC
Borough Clerk



TO:
Mayor
and
Council

FROM:
Ralph E. Blakeslee, Administrator

DATE:
March 17, 2005

SUBJECT:
ADMINISTRATOR'S REPORT

I have the following items to report:

Item #1 ­ 2005 Budget:
The Finance Committee met with the Auditor, Treasure and me Saturday morning to
review the proposed budget. After reviewing the preliminary budget, the Finance
Committee decided that substantial cuts needed to be made. On Monday I notified the
major Borough departments that they need to reexamine their budgets and inform me as
to areas that can be trimmed back. The Finance Committee will be holding a second
meeting on Tuesday, March 22nd at 7:00 PM to review these cuts. It is anticipated that
the preliminary budget will be presented to the full Borough Council prior to the meeting
of April 3rd where it can be discussed in detail.

Item #2 - Revaluation:
Mr. Semrau reports that Realty Appraisal Company has signed the contract and is
returning it to the Borough for execution. Once the Division of Taxation approves the
signed contract the Borough will be able to proceed with the revaluation.

Item #3 ­ Parking Lot Parking Regulations:
Paul Ferriero will be providing aerial maps of the Bowers Building/Phoenix, Firehouse
and Ward-Sands parking lots, using the Borough's GIS program. The maps will be used
to redraw, or in some cases develop new, parking lot regulations. I anticipate presenting
an ordinance to introduce the new regulations at the second meeting in April.

Item #4­ Joint Library:
Land Donation Agreement. We are still awaiting comments from the donators' attorney.

Item #5 ­ Master Plan:
Work is continuing on developing a budget.


Item #6 ­ Personnel:
Maureen has been interviewing applicants for the part time office employee. I anticipate
making a recommendation at the second meeting in April

Item #7 ­Water Reclamation Plant Improvements:
Plant Improvements, Stand by Generator & Influent Pumps. Doug and I met with Nick
Valese and Cliff Wilkinson of Hatch Mott MacDonald, the engineering firm that is
managing the project. The project is 90% complete and the contractor has been given a
"punch list" of items to complete. Doug and I reviewed four additional engineering
expense items related to the project. The first, abandonment of an existing water well
and the installation of additional conduit across the plant drive, were done at the
Borough's request. This work was judged to be necessary at the time of construction and
was not foreseen in the original contract. It is anticipated that engineering cost for these
two items will be nominal. The third item relates to the difficulties the Borough
experienced over the last three months with JCP&L. You will recall that when the
project was originally designed the specifications called for a transformer on a pole, but
which JCP&L later decided should be placed on a concrete pad. You will also recall that
JCP&L has been experiencing a workers strike which complicated matters considerably.
Ultimately, the transformer was placed on a pole, but not after a significant amount of
intervention by Hatch Mott MacDonald. The last item is related to the influent pumps
malfunction and emergency engineering service response on January 29th. It is our belief
that this expense should be charged to the contractor since they did not respond in a
timely manner to Doug's calls. I have asked Hatch Mott MacDonald to provide a detail
cost accounting for each of these four items and will advise you accordingly.

Item #8 ­ Phoenix House Open House:
Mr. Topping and company are proceeding with the open house celebration which is
scheduled for May 15th from 1:30 to 4:30 PM.

Item #9 ­ Mendham Business Association:
The Mendham Business Association, in conjunction with the Anniversary Weekend of
the town, is planning its sidewalk sales on Friday, May 13th and Saturday, May 14th. The
time of the sale is 10:00 a.m. to 4:00 p.m. each day and during regular business hours in
the shopping center. More details will be available on the Borough web site and
newsletter.

Item #10 ­ Public Safety:
There are two public safety ordinances on the agenda for introduction Monday night.
The first is the repeal of the no parking regulation for the south side of Wilson Street.
The second amends the residency requirements for Fire Department Officers. Both of
these ordinances have been discussed by the Public Safety Committee and were
mentioned at the last meeting. Work continues on the underage drinking ordinance.
Attorney Jansen has provided the committee with a copy of the enabling state statute and
the Washington Township ordinance that he developed.

Item #11 ­ Land Use:
The ordinance establishing the land use application checklist is on the agenda for second
reading and adoption, and the accessory uses ordinance is scheduled for introduction on
Monday night. The Planning Board is recommending that the Borough consider an
amendment to Article IX, Section 195-34 of the code. The amendment would apply to
buildings or structures within the Historic Business Zone, providing that site plan
exemption shall be available only for awnings and then only after the proposed awning
has been submitted to and approved by the Historic Preservation Commission. A copy of
the proposed amendment wording has been forwarded to the Borough Council's Land
Use Committee.

Item #12 ­ Recreation:
Sports Clinic Insurance. I spoke to Dave Quinn from Brown & Brown who indicated
that the only additional insurance the Borough would need is to cover player injuries or
accidents. He was working on a quote.

Please have a pleasant weekend.

REB/jp

Cc: Phoenix
House
Bowers
Building

Department of Public Works

Water Reclamation Facility
Police
Department
Fire
Department

First Aid Squad

John Jansen, Esq.

Paul W. Ferriero, Borough Engineer

Geoffrey B. Price, Zoning Officer




Document Outline