March 17, 2010
Mayor Jay Weeks called the meeting to order at 7:00 p.m. and stated that in compliance with the “Open Public Meeting Act” this is a Regular Meeting of the Township Committee as published in the Hunterdon Review, the agenda has been posted at the Municipal Building and distributed to the Hunterdon Review, Courier News, the Express Times, the Hunterdon County Democrat and the Star Ledger.
Mayor Jay Weeks asked everyone to stand for the flag salute.
Present - Jay Weeks Patricia Schriver George Piazza
Francis Morrison Brian Wunder
Absent -
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 13 members of the public.
Motion by Ms. Schriver, seconded by Mr. Morrison and
carried by favorable roll call vote,
the Township Committee approved minutes of regular meeting of March 3,
2010. AYES: Wunder, Schriver, Weeks, Morrison
ABSTAIN: Piazza
Motion by Ms. Schriver, seconded by Mr. Wunder and
carried by favorable roll call vote,
the Township Committee approved minutes of the Executive Session of
March 3, 2010. AYES: Wunder, Schriver, Weeks, Morrison ABSTAIN: Piazza
ORDINANCES
Public Hearing
Ordinance No. 2010-
04 - “ACCESSORY USES AND STRUCTURES”
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2010-04 was opened.
There were many concerns raised by the public, Planning Board members and the Township Committee. The ordinance language needs to be looked at again by the Planning Board.
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous unfavorable roll call vote, the Township Committee defeated Ordinance No. 2010-04 as written below.
STATE OF NEW
AN ORDINANCE TO
REVISE, AMEND AND SUPPLEMENT
THE CODE OF THE
SECTION 400-10, TITLED “ACCESSORY USES AND STRUCTURES”
WHEREAS, the Township Committee of the Township of Lebanon, Hunterdon County, New Jersey has reviewed the Township Code and believes that some amendments to the Zoning Ordinance are necessary; and,
WHEREAS, the Township Committee believes such amendments are necessary to update, supplement, clarify and/or explain certain provisions in the Zoning Ordinance.
NOW, THEREFORE, BE IT
ORDAINED by the Township Committee of the
Section 1. Add the following definitions to Section 400-4:
INHERENTLY BENEFICIAL USE – A use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.
SMALL WIND ENERGY SYSTEM – A wind energy system that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.
TOTAL HEIGHT – For a small wind energy system, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE – A facility or structure for the purpose of supplying energy produced from wind, solar, wood or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
Section 2. Add the following subsection D to Section 400-10, “Accessory uses and structures; personal recreational facilities; fences and walls”:
D. Standards for solar, wind and outdoor wood-burning facilities as permitted accessory uses and structures. Small wind energy systems shall require minor site plan approval.
(1) Solar energy facilities.
(a) Solar energy facilities are permitted on the roof of buildings.
(b) Ground-mounted solar energy facilities shall comply with the setbacks for a principal building, and shall not be located in a front yard.
(c) The maximum height of a ground-mounted solar energy facility shall be 15’.
(2) Outdoor wood-burning stoves.
(a) The minimum lot area shall be 5 acres.
(b) The minimum height of the chimney shall be 12’ from ground level, and the maximum height shall be 2’ higher than the peak of the residence.
(c) The stove shall be located a minimum of 200’ from any property line.
(d) The period of operation shall be limited to October 1 to April 30.
(e) Only seasoned wood may be utilized.
(f) The stove shall be on the list of approved stoves prepared by the U.S. Environmental Protection Agency.
(3) Small wind energy systems.
(a) The minimum lot area shall be 25 acres.
(b) The maximum height shall be 120’.
(c) The minimum setback of the windmill from any property line shall be 200% of the windmill’s height.
(d) Windmills shall not be permitted in the front yard.
(e) The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color or finish is approved by the approving authority.
(f) There shall be no signs that are visible from any public road or neighboring property posted on a small wind generator system or any associated building, except for the manufacturer’s or installer’s identification, appropriate warning sign, or owner identification.
(g) Sound levels of the wind energy system shall not exceed 50dBA at a common property line.
(h) Abandonment.
[1] A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to be abandoned. The Zoning Officer shall issue a Notice of Abandonment to the owner of a small wind energy system that is deemed to be abandoned. The notice shall be sent return receipt requested.
[2] The property owner shall have 30 days to respond to the Notice of Abandonment from the receipt date of the Notice.
[3] If the property owner provides information that demonstrates the small wind energy system has not been abandoned, the Zoning Officer shall withdraw the Notice of Abandonment and notify the property owner that the Notice has been withdrawn.
[4] If the Zoning Officer determines the small wind energy system has been abandoned, the property owner shall remove the facility in its entirety at the owner’s sole expense within 3 months after the owner receives the Notice of Abandonment.
[5] If the property owner fails to remove the facility in the time allowed under [4] above, then the Township may remove such system and place a lien on the property for the cost of the removal.
(i) The small wind energy system shall not cause flickering shadows on adjoining properties.
Section 3. Subsections 400-11B(6)(b) and 400-11B(6)(c) shall be re-numbered as subsections 400-10E and 400-10F, respectively.
NOW, THEREFORE, BE IT FURTHER ORDAINED that:
1. All ordinances or portions of ordinances which are inconsistent with this Ordinance shall be repealed as to their inconsistencies only.
2. If any provision or paragraph of this Ordinance shall be held invalid by any court of competent jurisdiction, the same shall not affect the other provisions or paragraphs of this Ordinance, except so far as the provision or paragraph so declared invalid shall be separable from the remainder or any portion thereof.
Public Hearing
Ordinance No. 2010-
05- Application Fees
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2010-05 was opened.
Hearing no comments from the public, the public hearing was closed on a motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote.
Motion by Mr. Piazza, seconded by Ms. Schriver and carried by favorable roll call vote the Township Committee adopted Ordinance No. 2010-05 as written below. AYES: Schriver, Weeks, Morrison, Piazza NAYS: Wunder
ORDINANCE NO.
2010-05
AN ORDINANCE TO
AMEND THE REVISED GENERAL ORDINANCE OF THE TOWNSHIP OF LEBANON, COUNTY OF
HUNTERDON, STATE OF NEW JERSEY, AND MORE SPECIFICALLY CHAPTER 400(ZONING)
BE IT ORDAINED, by the Township
Committee of the
Section 1. Ordinance Section 400-54D(3), entitled “Development Applications”, is hereby amended to adjust the relevant application fees due in connection with development applications as set forth on the attached schedule under the heading “APPLICATION FEES”.
Section 2. Ordinance Section 400-54F(2), entitled “Initial Deposits”, is hereby amended to adjust the relevant escrow fees due in connection with development applications as set forth on the attached schedule under the heading “ESCROW FEES”.
Section 3.
This ordinance shall take effect following passage and
publication in accordance with the laws of the State of
Introduction
Motion by Mr. Piazza, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee approved Ordinance No. 2010-07 on first reading. (As entitled below).
STATE OF NEW
AN ORDINANCE TO
REVISE, AMEND AND SUPPLEMENT
THE TOWNSHIP CODE OF THE
Public Hearing to be
held on April 21, 2010.
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee approved Ordinance No. 2010-08 on first reading. (As entitled below).
STATE OF NEW
AN ORDINANCE TO
REVISE, AMEND AND SUPPLEMENT
THE TOWNSHIP CODE OF THE
Public Hearing to be
held on April 21, 2010.
OLD BUSINESS
Award Bid for 2011
Mack Tanker
Motion by Ms. Schriver, seconded by Mr. Wunder and
carried by unanimous favorable roll call vote, the Township Committee
approved Fire Chief Warren Gabriel’s request to purchase a Tanker Truck from
Pierce Manufacturing in the amount of $353,956.00.
Motion by Ms. Schriver, seconded by Mr. Piazza and
carried by unanimous favorable roll call vote, the Township Committee moved to decline the offer from
Christl Stoeckl to acquire the property at
CW Consulting
Services, Inc. – Site Acquisition Services – AT & T Mobility
Attorney Bernstein
stated that he has been playing phone tag with Mr. Bailey. He will report back
to the Committee once he has made contact.
NEW BUSINESS
Approve Social Affair
Permit – Bourbon Street Blues Fest, Inc.- May 22, 2010
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved a Social Affair Permit for Bourbon Street Blues Fest, Inc. for an event to be held on May 22, 2010
Approve TRC
Environmental Corporation Proposals –
Ground Water Sampling/Fire Station Reporting
Moved to the Executive Session.
Hunterdon County
Planning Board – Interest in Receiving the County’s Septic Inventory
The Hunterdon County
Planning Board has been accumulating a database inventory of septic systems in
the County since 1993 and is being updated as alteration permits are applied
for. The
The Township
Committee directed the Clerk to send correspondence to the HC Planning Board
stating their desire to receive a copy of the Septic Inventory CD.
Mr. Piazza stated
that he attended the Court meeting and the Court received a check in the amount
of $5,767.00. The check covers a
percentage of the motor vehicles violations for 6 months. Since three municipalities pulled out in 2010,
the check will be split between the municipalities. The approximate amount will
be $500.00.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee approved the March 16, 2010 bill list in the amount of $160,221.35.
CORRESPONDENCE
a. CWA Local 1040 – List of Appointed Shop Stewards
b. Tax Collector’s Report for the Month of February 2010
c. Aqua New Jersey, Inc. – Petition- Increase in Rates
(On file in the Clerk’s Office)
PUBLIC COMMENTS
Motion by Mr. Piazza, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee opened the Public Comment portion of the meeting.
Mr. Anthony Casale asked if the request to acquire the property on Turkey Top came with a price. Ms. Schriver stated that, no, it had not.
Mr. Casale asked if the Township Committee has to take any action when it comes to Aqua New Jersey’s Petition to increase rates. Mr. Casale stated that he does have some concern with the increases.
Nancy Darois asked what the status is of the DPW Garage project. Attorney Bernstein stated that the contractor has executed the contract, therefore, it is now time for the Township to sign.
DPW Supervisor Warren Gabriel stated that the Township is also waiting for a DEP supervisor to sign off on a letter stating that the project is exempt. The same letter must then be received from the Highlands Council which could take another 4 months.
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee closed the Public Comment portion of the meeting.
EXECUTIVE SESSION
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 34-2010 and convened in executive session at 7:40 p.m. Action may be taken at the end of the meeting.
RESOLUTION NO. 34-2010
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Attorney Client Privilege – Litigation -Tilcon - Hyland
Negotiations other than Collective Bargaining. – Finance Office
Formal Action may be taken at the close of the Executive Session.
Mr. Morrison left the meeting at 8:00 p.m.
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee reconvened the Regular Committee meeting at 8:48 p.m.
Attorney Bernstein
stated that all members of the Governing Body, except Committeeman Morrison who
left for a personal commitment during the executive session, were present at
the commencement of the executive session were present at the recommencement of
the open session as well as the Township Clerk and the Township Attorney. The
Township DPW Supervisor was also present during a portion of the meeting as
well as the Open Space Environmental Commission Chairman Warren Newman. There was also a possible applicant present
for an open personnel matter. There was discussion involving the Hyland and
Tilcon litigations No formal action needs to be taken. There was a personnel
matter discussion regarding the finance office. Discussions held on the open
position in the finance office will continue between the CFO, Township Clerk
and the individual in question. No formal action to be taken at this time. There was discussion on a matter related to a
piece of property here in town. The
Committee has authorized the Township Attorney to send a letter to the Township
relative to such. No formal action it to be taken. There was further discussion
with members of the LT Rescue Squad relative to ongoing squad issues. No formal
action needs to be taken. TRC Raviv was discussed, the Clerk will request that
John Potenza be in attendance at the April 7, 2010 meeting.
Motion by Ms. Schriver,
seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee appointed Gregory
DellaPia as CFO retroactive to March 22, 2010 subject to an agreement between
the Township and Mr. DellaPia for such services.
Having no further business to come before the Committee a motion was made by Mr. Piazza, seconded by Ms. Schriver and carried by unanimous favorable roll call vote to adjourn the meeting at 8:50 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: April 7, 2010 ___________________________
Jay D. Weeks, Mayor