November 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
Banner Request Mendham Little League Registration Open-12/5/05-12/12/05
Res. #178-05-Reorganization Date-January 1, 2006, 1PM
Mendham Hose Company Membership Deletion-W. Taquinto
Mendham First Aid Squad Membership Additions-(2) Special, (1) Regular,
(2)
Junior
Members
6. Discussion Items:
Board of Education Liaisons
Pet Licensing Late Fee Increase
Letter of Intent-St. Hubert's 2006 Animal Control Contract
7. Ordinance Introduction:
Ordinance #33-05 AN ORDINANCE AMENDING ORDINANCE
#21-05 ENTITLED "AN ORDINANCE
CONCERNING SALARIES, FOR OFFICERS
AND EMPLOYEES OF THE BOROUGH OF
MENDHAM
8. Ordinance Public Hearing/Adoption:
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. Actions To Be Taken:
Res. #179-05-Public Works Mechanic
Res. #180-05-COAH Third Round Petition
Res. #181-05-Police Matron
10. Administrators Report
11. Council Reports, Old & New Business
November 21, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
12. Mayor's Items
13. Public Comment
14. Approval of Vouchers
15. Executive Session
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
RESOLUTION 178-05
BE IT RESOLVED, by the Mayor and Council of the Borough of
Mendham, County of Morris, State of New Jersey, that the Reorganization
Meeting be held on January 1, 2006, at 1 P.M. at the Mendham Borough
Fire House.
Date: November 21, 2005
ATTEST:
APPROVED:
Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk
MENDHAM BOROUGH
MORRIS COUNTY, NEW JERSEY
ORDINANCE #33-05
AN ORDINANCE AMENDING ORDINANCE #21-05 ENTITLED "AN
ORDINANCE CONCERNING SALARIES, FOR OFFICERS AND
EMPLOYEES
OF THE BOROUGH OF MENDHAM"
WHEREAS, the Borough Council of the Mendham adopted ordinance
#21-05, entitled "An Ordinance Concerning Salaries for Officers and
Employees of the Borough of Mendham"; and
WHEREAS, it is necessary to amend said ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of
the Borough of Mendham in the County of Morris, State of New Jersey, as
follows:
SECTION 1. Section 1 of the Ordinance entitled: "An Ordinance
Concerning Salaries, for Officers and Employees of the Borough of
Mendham" is hereby amended with respect to Class 3 - Public Safety, Chief
of Police, only to read as follows:
"Chief of Police $90,000.00
to
$105,000.00 per annum"
SECTION 2. The remainder of Ordinance #21-05 shall remain in full
force and effect.
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.
Introduced:
Adopted:
ATTEST:
APPROVED:
Maureen Massey, RMC, CMC
Richard G. Kraft, Mayor
Borough Clerk
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.
Introduced: October 17, 2005
Adopted: November 21, 2005
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
Description
1,000
Group
Obligation of Square Feet
One
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.
Introduced: October 17, 2005
Public Hearing: November 21, 2005
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #179-05
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:
CLASS 2 PUBLIC WORKS
Annual Salary
Peter Hafemeister, Chief Mechanic $44,000.00
This Resolution shall take effect immediately.
DATED: November 21, 2005
Richard Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION 180-05
WHEREAS, the Planning Board of the Borough of Mendham, Morris County,
State of New Jersey, adopted the Housing Element of the Master Plan on November
14, 2005; and
WHEREAS, a true copy of the resolution of the Planning Board adopting the
Housing Element is attached pursuant to N.J.A.C. 5:95-2.2(a)2; and
WHEREAS, the Planning Board adopted the Fair Share Plan on November
14, 2005; and
WHEREAS, a true copy of the resolution of the Planning Board adopting the
Fair Share Plan is attached pursuant to N.J.A.C. 5:95-2.2(a)2.
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, hereby
endorses the Housing Element and Fair Share Plan as adopted by the Borough of
Mendham Planning Board; and
BE IT FURTHER RESOLVED that the Mayor and Borough Council of the
Borough of Mendham, pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. and
N.J.A.C. 5:95-3.2, submit this petition for substantive certification of the Housing
Element and Fair Share Plan to the Council on Affordable Housing for review and
certification; and
BE IT FURTHER RESOLVED that all owners of sites in the Housing Element
and Fair Share Plan have received notice of the petition; and
BE IT FURTHER RESOLVED that notice of this petition for substantive
certification shall be published in a newspaper of countywide circulation pursuant to
N.J.A.C. 5:95-3.5 within seven days of issuance of the notification letter from the
Council on Affordable Housing's Executive Director indicating that the submission is
complete and that a copy of this resolution, the adopted Housing Element and Fair
Share Plan and all supporting documentation shall be made available for public
inspection at the Borough of Mendham municipal clerk's office located at 2 West
Main Street, Mendham, New Jersey, during the hours of 9:00 a.m. to 4:30 p.m. on
Monday through Friday for a period of 45 days following the date of publication of the
legal notice pursuant to N.J.A.C. 5:95-3.5.
Date: November 21, 2005
ATTEST:
APPROVED:
Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #181-05
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:
CLASS 3 PUBLIC SAFETY
Per Hour Rate
Noreen Staples, Police Matron $15.30
This Resolution shall take effect immediately.
DATED: November 21, 2005
Richard Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
TO:
Mayor
and
Council
FROM:
Ralph E. Blakeslee, Administrator
DATE:
November 18, 2005
SUBJECT:
ADMINISTRATOR'S REPORT
The very short month of November has begun! Please remember that the Municipal
offices will be closed on Friday, November 25th in observance of Thanksgiving. I
have the following to report:
Item #1 Discussion Topics:
Three items are listed for discussion Monday night. The first item is a discussion of
Board of Education liaison positions which has been requested by Mayor Kraft. The
second item is a continuation of last meeting's discussion regarding pet licensing late
fees. Paula DeBona, Karen Orgera and I participated in a phone conference this week
regarding late fees. Based on that conversation and the comments made at the last
meeting, Karen and I are recommending that the late fee deadline be established at
February 1st which would be in keeping with state regulations. Additionally, we are
recommending that a $10.00 per pet late fee be established. This fee would not be
cumulative on a month by month basis, but a flat fee per animal. We feel that this
might provide sufficient incentive to those pet owners who are chronically late. The
last topic is a letter of intent from St. Hubert's, the Borough contractual animal
control officials. A copy of the letter is in your meeting packet.
Item # 2 Ordinances:
Introductions. Pursuant to the discussion regarding the promotion of Lt. Taylor at the
last meeting, I reviewed the salary ordinance and have discovered it will be necessary
to amend the salary ordinance in light of the recommendations of the Public Safety
Committee. After consulting with the members of the Public Safety Committee, I
prepared an amending ordinance which is on Monday night's agenda.
Public Hearing. Ordinance #29-05, which establishes new storm water regulations as
required by the DEP, is scheduled for public hearing and adoption. Also slated for
public hearing and adoption is ordinance #30-05 which amends the Borough's land
use code to provide for affordable housing during the Borough's third round COAH
cycle.
Item #3 Personnel:
There are two personnel related resolutions on the agenda. The first resolution will
appoint Mr. Peter Hafemeister as the DPW mechanic. Mr. Hafemeister lives locally,
holds various certifications and currently works for a municipal utilities authority.
The second resolution appoints Ms. Noreen Staples as a Police Matron. Ms. Staples
is a certified Police Matron, EMT and Domestic Violence Crisis Response Team
Counselor.
Item # 4 Revaluation:
Attached is correspondence from Fred Semrau that describes the next steps in the
revaluation process. As you will note from the letter, notification letters will be sent
to property owners no later the December 10th. The letters will contain information
on how to contact the appraisal firm for appointments if a resident questions the new
valuation. Notices of the assessments will be sent to all residents by the first week of
February and they will have until April 1st to file appeals.
Item #5 Master Plan Review Committee:
On Wednesday, November 16th I met with Paula DeBona, Paul Ferriero, Councilman
Murphy and Planning Board Chair Alexa Lewandowski to discuss the sewer hookup
ban and its implications for future growth in the Borough. In connection with that we
have been comparing the Wastewater Management Plan maps to the existing sewer
utility customer list to insure that there are no gaps.
Item #6 Borough Newsletter:
After intensive discussions with Roseco Press we have negotiated a tentative
agreement. Roseco Press will continue to publish the Mendham Messenger on a
month by month basis for an increase of $100.00 a month. This will raise the contract
price from $4,800 to $6,000 a year and, if acceptable, I can have a resolution ready by
the next meeting. As an alternative, Mr. Rosenberg is preparing an estimate as to
costs for publishing the newsletter without advertising supplementation. I should
have those figures by Monday night.
Item #7 COAH Spending Plan:
On Tuesday, November 22nd Paula DeBona and I will be meeting with the Executive
Director of MASH to gather additional data for the COAH spending plan.
Item #8 Finance Committee:
The committee met on Thursday, November 17th with the Auditor Bud Jones and
myself. The committee agreed to the following budget timetable:
2006 Budget Timeline
· December 5th First draft of operating budget complete. Distribute to
Finance Committee. Refer any increases over 2005 budget to appropriate
Borough Council Standing Committee.
· December 12th First draft of salary budget complete. Distribute to Finance
& Personnel Committees and Borough Council Standing Committees
· December 19th First draft of capital budget complete. Distribute to Finance
Committee.
· January (first week) Added assessment calculated and transmitted to
Administrator
· January (first week) Tax rate calculated
· Mid January Review of preliminary budget by Finance Committee
· Late January Changes/reduction recommendations distributed to Borough
Council Standing Committees
· Early February Standing Committees meet, make changes/reductions
· Mid February Tax rate recalculated. Second draft of budget reviewed by
Finance Committee and submitted to Mayor and Borough Council for review.
· Mid to Late March Budget, salary & capital ordinances introduced.
· Mid May - Adoption
I will be taking Wednesday, November 30th off as a vacation day. 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