October 17, 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. Ceremonial Matters/Presentations:
Mendham Borough Fire Company Thomas Berenbak, Fire Chief
6. Consent Agenda:
Approval of the October 3, 2005 meeting minutes
Banner Request First Presbyterian Hilltop Church- Messiah Christmas
Concert (11/21/05-11/28/05)
Banner Request West Morris Mendham HS-Fall Drama "Hotel Paradiso"
(10/31/05-11/7/05)
Approval of Facility Use Agreement-Use of Alcohol- Garabrant Center-
(11/9/05 and 2/1/06)- Mendham Junior Women's Club
Mendham Borough Fire Department Resignation-B. LaFera
Social Permit (SA#02-05)-Friends of Matheny-Roxiticus Golf Club-12/01/05
7. Discussion Items
8. Ordinance Introduction:
Ordinance #29-05- AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE
OF NEW JERSEY TO ADOPT STORMWATER
MANAGEMENT REGULATIONS.
Ordinance #30-05 AN ORDINANCE AMENDING THE LAND USE
ORDINANCE OF THE BOROUGH OF MENDHAM
TO FACILITATE THE PROVISION OF
AFFORDABLE HOUSING IN THE THIRD
HOUSING CYCLE IN CONNECTION
WITH RESIDENTIAL AND NONRESIDENTIAL
DEVELOPMENT
9. Ordinance Public Hearing/Adoption
10. Actions To Be Taken:
Res. #168-05-Appreciation to Mendham Garden Club
Res. #169-05-Smart Growth Park & Go Grant Application
Res. #170-05-Deferred Compensation-Met Life
Res. #171-04-NJPDES Tier A Municipal Stormwater Permit
Res. #172-05-Appt. P/T Employee-A. Thornton
October 17, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
11. Administrators Report
12. Council Reports, Old & New Business
13. Mayor's Items
14. Public Comment
15. Approval of Vouchers
16. Executive Session
17. 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 #29- 05
AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE
OF NEW JERSEY TO ADOPT STORMWATER
MANAGEMENT REGULATIONS
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, §102-1, Schedule of Fees, Chapter
215, Zoning, is hereby amended and supplemented by the addition of the
following fee:
"§215-12.5 Stormwater
management review fee $250"
SECTION 2. Chapter 195, Subdivision of Land and Site Plan
Review, Article VIII, Design Standards for Subdivisions, is hereby amended
and supplemented by the addition of a new §195-32.1, entitled Stormwater
Management, to read as follows:
"§195-32.1. Stormwater
Management.
All applications for subdivision shall include a stormwater management
system designed in accordance with §215-12.5, as may be amended
from time to time."
SECTION 3. Chapter 195, Subdivision of Land and Site Plan Review,
Article XI, Design Standards for Site Plan Approval, is hereby amended and
supplemented by the addition of a new §195-57.1, entitled Stormwater
Management, to read as follows:
"§195-57.1. Stormwater
Management.
All applications for site plan approval shall include a stormwater
management system designed in accordance with §215-12.5, as may
be amended from time to time."
SECTION 4. Chapter 215, Zoning, Article III, General Regulations,
is hereby amended and supplemented by the addition of a new Section
215-12.5, entitled Stormwater Management, to read as follows:
"§215-12.5 Stormwater Management.
A.
Definitions: All terms in this ordinance shall be as defined in
the NJDEP Stormwater Rule (N.J.A.C. 7:8, et. seq.). The following
additional terms are defined for this section only.
EXEMPT DEVELOPMENT Any development that creates less
than 1,000 square feet of new impervious area and disturbs less than
2,500 square feet of land. Further, an exempt development shall not meet
the definition of "minor development".
MINOR DEVELOPMENT Any development that results in the
creation of 1,000 square feet or more of new impervious area or one that
disturbs more than 2,500 square feet of land area. Further, a minor
development shall not meet the definition of "major development" in
N.J.A.C. 7:8.
B. Design
Standards
(1)
Exempt Developments Any project meeting the definition
of "exempt development" shall be exempt from the provisions of this
ordinance.
(2) Minor Developments Minor developments shall be designed
to
include the following stormwater management measures:
(a)
Water quality soil erosion and sediment control
measures shall be installed in accordance with the Standards for
Soil Erosion and Sediment Control in New Jersey.
(b) Rate/Volume control seepage pits or other
infiltration measures shall be provided with a capacity of 3" of runoff
for each square foot of new impervious area. Stone used in the
infiltration devices shall be 2 ½" clean stone and a design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and
directed to an existing stormwater conveyance system or in a
manner to keep the overflow on the developed property to the
greatest extent feasible. If the new impervious surface is not roof
area, an equivalent area of existing roof may be directed to the
infiltration system. This shall be permitted where the existing roof is
not already directed to infiltration devices.
(3)
Major Developments The stormwater management system
for all major developments shall be designed in accordance with the
Residential Site Improvement Standards (RSIS, N.J.A.C. 5:21) and the
NJDEP Stormwater Rule (N.J.A.C. 7:8). These standards shall apply to
all residential and non-residential projects.
C.
Waivers and Exceptions
(1) Standards for Relief Waivers from strict compliance with the design
standards shall only be granted upon showing that meeting the standards
would result in an exceptional hardship for the applicant or that the benefits
to the public good of the deviation from the standards would outweigh any
detriments of the deviation. A hardship will not be considered to exist if
reasonable reductions in the scope of the project would eliminate the non-
compliance.
(2)
Mitigation If the review agency for the project determines
that a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size of
the project and the magnitude of relief required. The mitigation project
may be selected from the list of projects in the Municipal Stormwater
Management Plan or another project identified by the applicant. All
mitigation projects are subject to the approval of the municipal engineer.
A monetary contribution to the Borough may be made in lieu of the work
identified in the mitigation plan subject to the approval of the review
agency.
(3)
Review Agency All applications subject to the review of the
Planning Board or Board of Adjustment shall be reviewed by those Boards
concurrently with subdivision or site plan review. Applications not subject
to Planning Board or Board of Adjustment review shall be reviewed and
approved by the municipal engineer.
(4)
Appeals The appeal of the determination of the municipal
engineer shall be made in accordance with N.J.S.A. 40:55D-70a.
D.
Application and Review Fees
(1) There shall be no additional fees for stormwater management
review for applications to the Planning Board or Board of Adjustment.
(2) Applications to the municipal engineer shall be accompanied by
a review fee as set forth in Chapter 102. If a project is approved, an
inspection escrow deposit shall be made in an amount to be determined
by the municipal engineer."
SECTION
5.
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 6. 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 7. This Ordinance may be renumbered for codification
purposes.
SECTION 8. The Borough Clerk is hereby directed to give notice at
least ten days prior to hearing on the adoption of this Ordinance to the Morris
County Planning Board and to all other persons entitled thereto pursuant to
N.J.S. 40:55D-15 and N.J.S. 40:55D-63 (if required). Upon the adoption of this
Ordinance after public hearing thereon, the Borough Clerk is further directed to
publish notice of the passage thereof and to file a copy of the Ordinance as
finally adopted with the Morris County Planning Board as required by N.J.S.
40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after
final passage to the Township Tax Assessor as required by N.J.S. 40:49-2.1.
SECTION 9. This Ordinance shall take effect immediately upon
final passage, approval, and publication as required by law.
ATTEST:
APPROVED:
Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE #30-05
AN ORDINANCE AMENDING THE LAND USE ORDINANCE
OF THE BOROUGH OF MENDHAM TO FACILITATE THE PROVISION OF
AFFORDABLE HOUSING IN THE THIRD HOUSING CYCLE IN CONNECTION
WITH RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT
BE IT ORDAINED by the Mayor and Borough Council of the Borough of
Mendham, County of Morris, and State of New Jersey that the Code of the Borough of
Mendham is hereby amended as follows:
SECTION 1. Chapter 215, Zoning, Article I, Terminology, §215-1, Word usage and
definitions, is hereby amended by amending the definition of "Development" to read as
follows:
"DEVELOPMENT means the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any building or
other structure, or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of use of land, for
which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq."
SECTION 2. Chapter 215, Zoning, Article I, Terminology, §215-1, Word usage and
definitions, is hereby amended and supplemented by the addition and insertion in correct
alphabetical order of the following definitions, to read as follows:
"AFFORDABLE Having a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing
developed in accordance with the third-round rules of the New Jersey Council on
Affordable Housing, as defined by N.J.A.C. 5:94-7.
DWELLING UNITS, MARKET-RATE Housing units not restricted to low- and
moderate-income households that may sell at any price determined by a willing seller
and a willing buyer. "
SECTION 3. Chapter 215, Zoning, is hereby amended and supplemented by the
addition of a new Article XVI, entitled "Requirements for Developments Increasing the
Borough's Growth Share Obligation for Affordable Housing", to read as follows:
"ARTICLE XVI
Requirements for Developments Increasing the Borough's
Growth Share Obligation for Affordable Housing
§215-52. Legislative intent. The legislative intent of this article is to address the
Borough's obligations under the Mt. Laurel II decision, the Fair Housing Act and the
Third Round Substantive Rules of the New Jersey Council on Affordable Housing
("COAH").
§215-53. Applicability. The provisions of this section shall apply to the following
developments, subject to the exemptions in §215-54.
A.
Any development which results in a net increase in the number of market-rate
dwelling units in the Borough.
B.
Any development which results in a net increase in the gross floor area of any
nonresidential building in the Borough of the following use groups, as defined
by the International Building Code (IBC) (which has been incorporated by
reference into the Uniform Construction Code (UCC)):
Use
Group Description*
B
Office buildings. Places where business transactions of all
kinds occur. Includes banks, corporate offices, government
offices, professional offices, car showrooms and outpatient
clinics.
M
Mercantile uses. Buildings used to display and sell
products. Includes retail stores, strip malls, shops and gas
stations.
F
Factories where people make, process, or assemble
products. Includes automobile manufacturers, electric
power plants, foundries, and incinerators. F use group
includes F1 and F2.
S
Storage uses. Includes warehouses, parking garages,
lumberyards, and aircraft hangers. S group includes S1
and S2.
H
High Hazard manufacturing, processing, generation and
storage uses. H group includes H1, H2, H3, H4 and H5.
A1
Assembly uses including concert halls and TV studios.
A2
Assembly uses including casinos, night clubs, restaurants
and taverns.
A3
Assembly uses including libraries, lecture halls, arcades,
galleries, bowling alleys, funeral parlors, gymnasiums and
museums but excluding houses of worship
A4
Assembly uses including arenas, skating rinks and pools.
E
Schools K 12.
I
Institutional uses such as hospitals, nursing homes,
assisted living facilities and jails. I group includes I1, I2, I3
and I4.
R1 Hotels
and
motels.
*Note: The descriptions in the above table are not intended to be exhaustive, and
additional uses are or may be included within the use group; in all cases, the IBC
definitions control. The inclusion of any use in the above table is not to be
construed to mean that such use is permitted in the Borough or in any particular
zoning district; such use shall only be permitted in accordance with the balance of
the provisions in the Land Use Ordinance.
§215-54. Exemptions. Notwithstanding the provisions of §215-53 above, the following
developments shall be exempt from the provisions of this section:
A. Market-rate dwelling units within developments that provide affordable
housing units in accordance with the housing element of the Borough Master Plan
and the Borough's fair share plan regulations, in accordance with either the first-
or second-round rules of the Council on Affordable Housing and in accordance
with the applicable affordable housing requirements of the respective zone
districts; provided, however, that such exemption shall only apply to the number of
market-rate dwelling units in the development that do not exceed a ratio of four
market-rate units for every one affordable unit in the development.
B.
Developments of Federal, state, county and municipal governments.
C. Developments that received all required approvals from the Planning Board
and/or Board of Adjustment, as applicable, prior to the effective date of this
ordinance.
D. Developments that increase the obligation of the Borough of Mendham by
less than one (1) whole affordable housing unit. Any such development shall
remain subject to the provisions of Section 124-26E, Development Fees, of
the Code of the Borough of Mendham.
§215-55. Developer's obligation. Prior to, or as a condition precedent to the grant of
any approval of a development application by the Planning Board, Board of
Adjustment, Zoning Officer or Construction Official, as applicable, the developer
shall be required to comply with the requirements of this section and to enter into
an agreement with the Borough Council, in order to address the effect of the
development upon the Borough's affordable housing obligation, in accordance with
the following requirements:
A. Residential development and residential portion of mixed residential/non-
residential development.
1. A net increase (new construction less demolition) of every eight (8)
market-rate dwelling units, or fraction thereof, shall increase the
obligation of the Borough by one (1) affordable housing unit, or fraction
thereof.
2.
For every unit increase, or fraction thereof, in the Borough's affordable
housing obligation resulting from the development, the developer shall
be required to increase the number of affordable housing units in the
Borough by an equal number, as set forth in Paragraphs 3 and 4 below.
3.
For every whole unit of increase in the Borough's obligation resulting
from the residential development or, in the case of mixed residential-
nonresidential development, from the residential potion of the
development, one (1) affordable unit shall be developed on the site or
tract being developed, in accordance with the applicable zoning
regulations. Thus, for example, a nine (9) dwelling unit development
shall be required to be comprised of no more than eight (8) market rate
dwelling units and at least one affordable dwelling unit.
4.
For every fractional unit of increase in the Borough's obligation resulting
from the residential development or, in the case of mixed residential-
nonresidential development, from the residential potion of the
development, the developer shall have the option to:
a) develop an affordable unit on the site or tract being developed or at another location
in the Borough in accordance with the applicable zoning regulations, and to claim
a credit for any resulting fractional surplus as set forth in Paragraph C. below,
and/or,
b) pay a fee to the Borough in accordance with §215-57.
5.
None of the foregoing shall be construed as increasing the permitted
density above that which the zoning regulations would otherwise permit
for the development.
B.
Nonresidential development and non-residential portion of mixed residential-
nonresidential development.
1.
A net increase (new construction less demolition) due to development,
of every twenty-five (25) estimated jobs, or fraction thereof, shall
increase the obligation of the Borough by one (1) affordable housing
unit, or fraction thereof. The number of estimated jobs shall be based on
the gross floor area in square feet of new buildings or additions to
existing buildings, less the gross floor area of any building to be
demolished on the site, and on the use group of the development, in
accordance with the following table:
Sq. Ft. of
Gross Floor
Area
Jobs Per
Use
Generating
1,000
Description
Group
Obligation of Square
One
Feet
Affordable
Unit
B
Office buildings. Places where business transactions of
8,333
3
all kinds occur. Includes banks, corporate offices,
government offices, professional offices, car
showrooms and outpatient clinics.
M
Mercantile uses. Buildings used to display and sell
25,000
1
products. Includes retail stores, strip malls, shops and
gas stations.
F
Factories where people make, process, or assemble
12,500
2
products. Includes automobile manufacturers, electric
power plants, foundries, and incinerators. F use group
includes F1 and F2.
S
Storage uses. Includes warehouses, parking garages,
125,000
0.2
lumberyards, and aircraft hangers. S group includes S1
and S2.
H
High Hazard manufacturing, processing, generation
25,000
1
and storage uses. H group includes H1, H2, H3, H4
and H5.
A1
Assembly uses including concert halls and TV studios.
12,500
2
A2
Assembly uses including casinos, night clubs,
8,333
3
restaurants and taverns.
A3
Assembly uses including libraries, lecture halls,
8,333
3
arcades, galleries, bowling alleys, funeral parlors,
gymnasiums and museums but excluding houses of
worship.
A4
Assembly uses including arenas, skating rinks and
8,333
3
pools.
A5
Assembly uses including bleachers, grandstands,
Exclude
Exclude
amusement park structures and stadiums.
E
Schools K 12.
25,000
1
I
Institutional uses such as hospitals, nursing homes,
12,500
2
assisted living facilities and jails. I group includes I1, I2,
I3 and I4.
R1
Hotels and motels.
31,250
0.8
U
Miscellaneous uses. Fences, tanks, barns, agricultural
Exclude
Exclude
buildings, sheds, greenhouses, etc.
2.
For every unit increase, or fraction thereof, in the Borough's affordable
housing obligation resulting from the development, the developer shall
be required to increase the number of affordable housing units in the
Borough by an equal number, as set forth in Paragraphs 3 and 4 below.
3.
For every whole unit of increase, in the Borough's affordable housing
obligation resulting from the non-residential development or, in the case
of mixed residential-nonresidential, from the non-residential potion of
the development, the developer shall have the option to:
(a) develop an affordable unit on the site or tract being developed, in
the case of mixed residential-nonresidential development,
(b) develop an affordable unit at another location in the Borough, in
accordance with the applicable zoning regulations, and/or,
(c) pay a fee to the Borough in accordance with §215-57.
4.
For every fractional unit of increase in the Borough's obligation resulting
from the non-residential development or, in the case of mixed
residential/nonresidential development from the non-residential portion
of the development, the developer shall have the option to:
(a) develop an affordable unit as set forth in paragraph B.3. above,
and to claim credit for any resulting fractional unit surplus as set forth in
Paragraph C. below, and/or
(b) pay a fee to the Borough in accordance with §215-57.
5.
None of the foregoing shall be construed as increasing the permitted
floor area ratio or density above that which the regulations for the zone
district would otherwise permit for the development.
C.
Surplus units; credits. As a means of addressing a fractional increase in
the Borough's affordable housing obligation, or for other reasons, a
developer may provide more affordable housing units than required. In
addition, the Borough Council may negotiate with a developer to
provide a subsidy for the provision of more affordable units than
required. The following provisions shall apply:
(a) Any developer that provides more affordable housing units than
required, or fraction thereof, which units or fractions of units have
not been subsidized by the Borough, shall be credited with such
surplus. If the Borough or some other entity subsidized the
creation of surplus units, the Borough or such entity shall be
credited with such surplus.
(b) Credits for surplus units may be applied to a subsequent
development by the same developer or may be sold or otherwise
transferred to other developers who may then apply such credits
to a subsequent development in the Borough of Mendham.
(c) The sale or transfer of such credits shall require the approval of
both parties to the transaction.
(d) The Borough Clerk shall maintain a record of: (1) creation of
surplus units and credits for the same; (2) credits available to
interested parties for sale or transfer; and (3) prior sales or
transfers of credits to the Borough. The Clerk shall make such
records available for public inspection upon request.
§215-56. Requirements for affordable housing units. All affordable housing units
shall be subject to the requirements of this Chapter that apply to comparable
market-rate housing units of the same type in the same zone district. In addition,
affordable housing units provided pursuant to this section shall be subject to the
following requirements:
A. All affordable units to be created shall be eligible for credit against the
Borough's affordable housing obligations and to that end shall comply with all
applicable regulations of the New Jersey Council on Affordable Housing. No
age-restricted affordable units and/or affordable sales units may be credited
in excess of the number of such units permitted to be credited within the
Borough by such regulations.
B. Developments shall be designed so that the affordable housing units are
integrated with the market units.
C. Affordable housing units, excluding such units to be funded by a payment
pursuant to Section 215-57 below, shall be built in accordance with the
following schedule:
PERCENTAGE OF MARKET
MINIMUM PERCENTAGE OF
RATE UNITS COMPLETED
LOW & MODERATE INCOME UNITS
25 0
5 + 1 unit
10
50 50
75 75
90 90
D. Affordable units shall utilize the same heating source as market units within
the development.
E. The developer, in cooperation with the Borough Council, shall:
1.
Demonstrate capacity to administer the units in accordance with the
Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.
2. Demonstrate that the units will have a low/moderate income split in
accordance with the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26. For example, in each affordable development, at least 50
percent of the restricted units within each bedroom distribution shall be
low-income units and the remainder may be moderate-income units.
Where an odd number of affordable units are required to be provided, a
majority of the units shall be low-income units.
3.
Demonstrate that the rents or sale prices of affordable units shall be
established in accordance with N.J.A.C. 5:94-7 and with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26. For example:
(a) The maximum rent for affordable units within each affordable
development shall be affordable to households earning no more
than 60 percent of median income. The average rent for low- and
moderate-income units shall be affordable to households earning
no more than 52 percent of median income. The developers
and/or municipal sponsors of restricted rental units shall establish
at least one rent for each bedroom type for both low-income and
moderate-income units, provided that at least 10 percent of all
low- and moderate-income units shall be affordable to households
earning no more than 35 percent of median income.
(b) The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning
no more than 70 percent of median income. Each affordable
development must achieve an affordability average of 55 percent
for restricted ownership units. In achieving this affordability
average, moderate-income ownership units must be available for
at least three different prices for each bedroom type, and low-
income ownership units must be available for at least two different
prices for each bedroom type, insofar as is possible given the
number of affordable units in the development.
4.
Demonstrate that the units will be affirmatively marketed in accordance
with N.J.A.C. 5:94-7 and with the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26;
5. Demonstrate that the units will have the appropriate controls on
affordability in accordance with N.J.A.C. 5:94-7 and with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26; and
6. Demonstrate that the units will have the appropriate bedroom
distributions in accordance with the Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.
(a) Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(i)
The combined number of efficiency and one-bedroom units
is no greater than 20 percent of the total low- and moderate-
income units;
(ii)
At least 30 percent of all low- and moderate-income units are two
bedroom units;
(iii) At least 20 percent of all low- and moderate-income units are
three bedroom units; and
(iv) The remainder, if any, may be allocated at the discretion of
the developer.
(v) Where there are an insufficient number of affordable units
provided to meet the above bedroom distribution, the first
unit shall be a two-bedroom unit, the second unit shall be a
three-bedroom unit and the third unit shall be a one-bedroom
unit.
(b) Age-restricted low- and moderate-income units may utilize a
modified bedroom distribution. At a minimum, the number of
bedrooms shall equal the number of age-restricted low- and
moderate-income units within the affordable development. The
standard may be met by creating all one-bedroom units or by
creating a two-bedroom unit for each efficiency unit.
7.
Comply with all other applicable requirements of the substantive rules of
the New Jersey Council on Affordable Housing, N.J.A.C. 5:94, and the
Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.
§215-57. Payments in lieu of developing affordable housing. Only when permitted
by §215-55.A. and B., a developer may make a payment to the Borough in lieu of
developing affordable housing units. The following provisions shall apply to such
payments:
A. The amount of payments in lieu of constructing affordable units shall be
negotiated between the applicable authority and the developer. The amount
of the payment shall be based upon the cost to the Borough to create, or
subsidize the creation of the same number, or fraction thereof, of affordable
housing units within the Borough as the increased obligation resulting from
the development, using any of the methods permitted by the New Jersey
Council on Affordable Housing (COAH) as set forth in Paragraph B below.
Both hard and soft costs shall be included in the calculation. The applicable
authority shall require the preparation of a pro-forma to confirm that the
payment is accurate and based upon realistic costs within the Borough to
create such affordable units, and the applicable authority may submit such
pro-forma for review by a third party retained by the applicable authority.
B.
Payments in lieu of constructing affordable units on site shall only be used to
fund eligible affordable housing activities within the Borough limited to the
following as described and regulated by COAH's substantive rules at N.J.A.C.
5:94-4.5, 4.6 and 4.8 through 4.15, provided that such activities are eligible
for credit against the Borough's affordable housing obligation, comply with all
applicable requirements of COAH's substantive rules, and comply with the
zoning regulations of the Borough.
(1) New construction with an affordable housing component
(2) Municipally-sponsored and 100% affordable programs
(3) Alternative living arrangements
(4) Up to ten (10) accessory apartments within the Borough
(5)
Buy-down
program
(6) Municipally-sponsored rental program
(7) ECHO (Elder Cottage Housing Opportunities) units
(8) Assisted living residences
(9) Affordable housing programs
(10) Expanded crediting opportunities
C. Payments in lieu of constructing affordable units shall be deposited in a
separate interest-bearing housing trust fund or deposited in the Housing Trust
fund established pursuant to Chapter 124, Article III and shall at all times be
identifiable from development fees. No funds shall be spent by the Borough
until and unless COAH has approved a spending plan for such funds. The
Finance Officer shall maintain a record of the amount deposited in the
account, plus interest, and shall make such record available for public
inspection upon request.
D. In the event that a developer makes such a payment, but then does not
proceed to develop the project that resulted in the affordable housing
obligation, the developer may request a refund of the payment. Such request
shall be made in writing to the Borough Council. If approved, the Borough
shall refund such fee, plus any interest in the account resulting from the
payment, less any administrative expenses required to administer the
account. Any refund issued by the Borough shall be construed as a failure of
the applicant to satisfy a condition precedent to the development approval
and shall therefore terminate any and all rights to such development. The
developer may reinstate such rights by making a new payment, with the
amount of such payment to be renegotiated as set forth in §215-57.A. The
foregoing shall not be construed to extend or otherwise alter any rights to
proceed with the development as established by the New Jersey Municipal
Land Use Law, the rules of the New Jersey Council on Affordable Housing or
other applicable law."
SECTION 4. All ordinances or parts of ordinances in conflict or inconsistent with any
part of this ordinance are hereby repealed to the extent that they are in such conflict or
inconsistent.
SECTION 5. This ordinance may be renumbered for codification purposes.
SECTION 6. This ordinance shall take effect after passage and publication as soon as
practicable and in the manner provided by law.
SECTION 7. In the event that any section, part or provision of this ordinance shall be
held to be unenforceable or invalid by any court, such holding shall not affect the validity
of this ordinance as a whole, or any part thereof, other than the part so held
unenforceable or invalid.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #168-05
WHEREAS, the Mendham Garden Club has served the people of
Mendham Borough with dedication and a devotion since its founding in 1932 by
Ella Mockridge; and
WHEREAS, The Mendham Garden Club has maintained the Phoenix
House garden, the Oak Tree Triangle garden and various other beatification
projects throughout the community to the delight of residents and visitors for
many years; and
WHEREAS, the Mayor and Council of the Borough of Mendham, in order
to properly recognize and pay tribute to the Mendham Garden Club, desires to
express its appreciation on behalf of the Borough of Mendham residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Mendham, in the County of Morris and State of New Jersey, that our
expression of appreciation for their service be set forth on the records of the
Borough of Mendham by this resolution and that this resolution be given as a
token of our respect and esteem to the Mendham Garden Club.
DATED: October 17, 2005
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #169-05
WHEREAS the Borough of Mendham desires to apply for and obtain a grant
from the New Jersey Department of Community Affairs for approximately
$10,000 to carry out a project to determine solutions to parking needs in the
historic business district.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council
of the Borough of Mendham, County of Morris and State of New Jersey
1) That the Borough of Mendham does hereby authorize the application for
such a grant; and
2) Recognizes and accepts that the Department may offer a lesser or greater
amount and therefore, upon receipt of the grant agreement from the New
Jersey Department of Community Affairs, does further authorize the
execution of any such grant agreement; and also, upon receipt of the fully
executed agreement from the Department, does further authorize the
expenditure of funds pursuant to the terms of the agreement between the
Borough of Mendham and the New Jersey Department of Community
Affairs.
BE IT FURTHER RESOLVED that the persons whose names, titles, and
signatures appear below are authorized to sign the application, and that they or
their successors in said titles are authorized to sign the agreement, and any
other documents necessary in connection therewith:
Richard Kraft
Maureen Massey, RMC, CMC
Mayor, Mendham Borough
Borough Clerk
DATED: October 17, 2005
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #170-05
DEFERRED COMPENSATION PLAN
WHEREAS, the Borough of Mendham (hereinafter referred to as the
"Employer") desires to attract and retain qualified employees to the Employer and, as a
means thereof, to make available to eligible employees the benefits of a section 457
Deferred Compensation Plan (hereinafter referred to as the "Plan"); and
WHEREAS, in 1989 the governing body of the Borough of Mendham
adopted a Deferred Compensation Plan provided by Aetna Life Insurance and Annuity
Company (now ING) and the Manufacturers Life Insurance Company; and
WHEREAS, the offering of additional investments from another
contractor will provide additional retirement investment options to participating
employees; and
WHEREAS, there is no cost to the Borough to adopt and implement a
Supplementary Service Agreement; and
WHEREAS, proposals for a Supplementary Service Agreement were
requested from the following contractors:
Lord Abbett and MetLife; and
WHEREAS, the contractors responding to the request for proposals were:
Lord Abbett and MetLife; and
WHEREAS, Borough officials reviewed the proposals submitted and met
with representatives of the responding companies and MetLife was selected because of
their response time, excellent service and reputation.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council
of the Borough of Mendham, County of Morris and State of New Jersey, as follows:
1.
The deferred compensation plan provided by MetLife, 6500856, is hereby
adopted.
2.
The Chief Financial Officer of the Borough is hereby designated as the
Local Plan Administrator for the administration of the Plan.
3.
MetLife shall be retained by the Employer as the contractor under the
Deferred Compensation Plan and MetLife shall educate all eligible
employees of the Employer regarding the Plan and shall enroll and service
those eligible employees who participate in the Plan. As enrolling agent,
MetLife shall be the exclusive Agent for its funding options to be offered
under the Plan.
4.
The Chief Financial Officer is authorized to execute a Service Agreement
with MetLife, 6500856, and to submit all necessary documents to the
Director of the Division of Local Government Services within the State
Department of Community Affairs for approval.
5.
A copy of this resolution shall be forwarded to the Director of the Division
of Local Government Services within the State Department of Community
Affairs.
6.
There has been no collusion, or evidence or appearance of collusion,
between any local official and a representative of the contractor in the
selection of a contractor for the administration of a Service Agreement
pursuant to N.J.A.C. 5:37-5.7.
7.
The Borough of Mendham is adopting a deferred compensation plan
substantially similar to one on which a favorable Private Letter Ruling has
been previously obtained from the federal Internal Revenue Service except
for provisions added by reason of the Small Business Job Protection
Action of 1996 (United States Public Law No. 104-188); the Economic
Growth and Tax Relief Reconciliation Act of 2001 (United States Public
Law No. 107-16); and Section 401(a)(9) of the Internal Revenue Code and
all such provisions are stated in the plan in terms substantially similar to
the text of those provisions in the Internal Revenue Code Section 457.
The use of the Ruling is for guidance only and acknowledges that for
Internal Revenue Service purposes, the Ruling of another employer is not
to be considered precedent.
DATED: October 17, 2005
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #171-05
WHEREAS, the Borough is required to apply for a NJPDES Tier A
Municipal Stormwater Permit (NJ0141852) pursuant to stormwater regulations
adopted by the New Jersey Department of Environmental Protection (NJDEP);
and
WHEREAS, pursuant to Resolution No. 40-04, the Mayor and the
Borough Council authorized Paul Ferriero, P.E. to execute the NJPDES Master
Permit Request for Authorization and to complete, sign and execute grant
agreements to the NJDEP; and
WHEREAS, Resolution No. 40-04 must be re-confirmed in
connection with a grant application to the NJDEP.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of
the Borough of Mendham, County of Morris, and State of New Jersey, as follows:
The Municipal Council hereby re-confirms Resolution No. 40-04
which authorizes Paul W. Ferriero, Borough Engineer, to sign the NJPDES
Master Permit Request for Authorization in connection with the application for the
NJPDES Tier A Municipal Stormwater Permit and to complete, sign and submit
grant applications to the NJDEP on behalf of the Borough for any funding that
may be available to complete the permit requirements.
This Resolution shall take effect immediately.
DATED: October 17, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #172-05
BE IT RESOLVED by the Mayor and Council of the Borough of Mendham,
County of Morris, and State of New Jersey, that the following appointment be made as
follows:
ADMINISTRATION
SALARY
Part-Time/Office Help
$15.00/Hr.
Anne Thornton
This appointment is made with the understanding that there is a one-year probationary
period from the effective date of employment of October 17, 2005
This Resolution shall take effect immediately.
DATED: October 17, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
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