Mayor Patricia Schriver 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 Schriver asked everyone to stand for the flag salute.
Present - Patricia Schriver George Piazza
Jay Weeks Ed Post
Absent Francis Monahan
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 18 members of the public.
Motion by Mr. Post seconded by Mr. Piazza and carried by
unanimous favorable roll call vote,
the Township Committee approved the
Motion by Mr. Piazza, seconded by Mr. Post and carried by
unanimous favorable roll call vote,
the Township Committee approved the
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee opened the meeting for public comments relative to the proposed 2006 Municipal Budget.
Mr. Greg DellaPia, Township CFO gave an overview of the proposed budget.
There were no public comments. There were no questions from the Committee.
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee closed the public comment portion of the meeting.
Resolution No. 47-2006
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 47-2006. (As written below)
ADOPT 2006
MUNICIPAL BUDGET
WHEREAS, the 2006 Lebanon Township Municipal Budget
was introduced and approved on the 5th day of April, 2006; and
WHEREAS, the 2006 Lebanon Township Municipal Budget
was advertised in the “Hunterdon Review” in the issue of
WHEREAS, the public hearing on said Budget was held
on
WHEREAS, the approved 2006 Lebanon
Township Municipal Budget has been filed with the Director of the Department of
Local Government Services;
NOW, THEREFORE, BE IT RESOLVED, on this 3rd day of
May, 2006, by the Mayor and Township Committee of the
It is hereby certified
that this is a true and accurate copy of a Resolution adopted by the Governing
Body of the
Witness my hand and the
SEAL, of the
Resolution No. 48-2006
Motion by Mr. Post, seconded by Mr. Monahan and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 48-2006. (As written below)
STATE OF NEW
RESOLUTION NO. 48-2006
WHEREAS, N.J.S.A.40A:4-78b has authorized the
Local Finance Board to adopt rules that permit municipalities in sound fiscal
condition to assume the responsibility, normally granted to the Director of the
Division of Local Government Services, of conducting the annual budget
examination; and,
WHEREAS, N.J.A.C.5:30-7 was adopted by the
Local Finance Board on
WHEREAS, pursuant to N.J.A.C.5:30-7.2 thru 7.5
the Township of Lebanon has been
declared eligible to participate in the program by the Division of Local
Government Services, and the Chief Financial Officer has determined that the
Township of Lebanon meets the necessary conditions to participate in the
program for the 2006 budget year, so now therefore,
BE IT RESOLVED, by the Township Committee of the
Township of Lebanon that in accordance with N.J.A.C.5:30-7.6a & b, and
based upon the Chief Financial Officer's certification, the governing body has
found the budget has met the following requirements:
1. That with reference to the following items,
the amounts have been calculated pursuant to law and appropriated as such in
the budget:
a. Payment of interest and debt redemption
charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school
purposes
2. That the provisions relating to limitation on
increases of appropriations pursuant to N.J.S.A.40A:45.2
and appropriations for exceptions to limits on appropriations found at
40A:4-45.3 et seq. are fully met. (Complies with the "CAP" law.)
3. That the
budget is in such form, arrangement and content as required by the Local Budget
Law and N.J.A.C.5:30-4 and
4.
That pursuant to the Local Budget Law:
a. All
estimates of revenue are reasonable, accurate and correctly stated;
b. Items
of appropriation are properly set forth;
c. In
itemization, form, arrangement and content, the budget will permit the exercise
of the comptroller function within the municipality.
5.
The budget and associated amendments have been introduced, publicly
advertised and
adopted in accordance with the relevant
provisions of the Local Budget Law, except
that failure to meet the deadlines of N.J.S.A.40A:4-5,
shall not prevent such
certification.
6.
That all other applicable statutory requirements have been fulfilled.
BE
IT FURTHER RESOLVED, that a copy of this resolution be
forwarded to the Director of the Division of Local Government Services.
ORDINANCES – Public
Hearing
Ordinance No. 2006-06
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the pubic hearing for Ordnance No. 2006-06 was opened.
Hearing no comments from the public, the public hearing was closed on a motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2006-06 as written below.
ORDINANCE NO. 2006-06
AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE FOR
THE TOWNSHIP OF LEBANON, COUNTY OF HUNTERDON, STATE OF NEW JERSEY, AND MORE
SPECIFICALLY CHAPTER XVII (LAND SUBDIVISION) AND CHAPTER XVIII (ZONING) TO
ESTABLISH STORMWATER MANAGEMENT STANDARDS
BE IT ORDAINED by the Township Committee of the
1. Section 17-8, Design Standards, is hereby amended to add the following new Subsection 17-8.8, Stormwater Management:
17-8.8 Stormwater
Management
a.
Purpose
1. Policy.
Flood control, groundwater recharge, and pollutant reduction through
nonstructural or low impact techniques shall be explored before relying on
structural Best Management Practices (BMPs). Structural BMPs should be
integrated with nonstructural stormwater management measures and proper
maintenance plans. Nonstructural measures include both environmentally
sensitive site design and source controls that prevent pollutants from being
placed on the site. Source control plans should be developed based upon
physical site conditions and the origin, nature, and the anticipated loading of
potential pollutants. Multiple stormwater management BMPs may be necessary to
achieve the established performance standards for water quality, quantity, and
groundwater recharge.
2. Intent.
It is the intent of this ordinance to establish minimum stormwater
management requirements and controls for major development.
3. Applicability.
This ordinance shall be applicable to any major development that
requires preliminary or final site plan approval or subdivision approval, and
any nonresidential minor development
that involves 5,000 square feet of new impervious surface or disturbs more than
one-half acre.
4.
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this
ordinance are to be considered an integral part of development approvals under
the subdivision and site plan review process and do not relieve the other
applicable code, rule, act, or ordinance. In their interpretation and
application, the provisions of this ordinance shall be held to be the minimum
requirements for the promotion of the public health, safety, and general
welfare. This ordinance is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision of law
except that, where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher standards
shall control.
b. General
Standards
1. Design and Performance Standards for
Stormwater Management Measures
(a) Minor
development. Minor developments shall be
designed to include the following stormwater management measures:
(1) Water quality. Soil erosion and sediment control measures
shall be installed in accordance with the Standards for Soil Erosion and
Sediment Control in
(2) 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 ˝” clean stone and a design void ratio of 33
percent 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.
(b) Stormwater management measures for major
development shall be developed to meet the erosion control, groundwater
recharge, stormwater runoff quantity, and stormwater runoff quality standards
in this section. To the maximum extent feasible, these standards shall be met
by incorporating nonstructural stormwater management strategies into the
design. If these strategies alone are not sufficient to meet these standards,
structural stormwater management measures necessary to meet these standards
shall be incorporated into the design.
(c) The standards in this ordinance apply only to
new major development and are intended to minimize the impact of stormwater
runoff on water quality and water quantity in receiving water bodies and
maintain groundwater recharge. The standards do not apply to new major
development to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules. Such alternative
standards shall provide at least as much protection from stormwater-related
loss of groundwater recharge, stormwater quantity and water quality impacts of
major development projects as would be provided under the standards in this
subchapter.
(d) For
site improvements regulated under the Residential Site Improvement Standards
(RSIS) at N.J.A.C. 5:21, the RSIS shall apply in addition to this section
except to the extent the RSIS are superseded by this section or alternative
standards applicable under a regional stormwater management plan or Water
Quality Management Plan adopted in accordance with Department rules.
c. Stormwater
Management Requirements for Major Development
1. The
development shall incorporate a maintenance plan for the stormwater management
measures incorporated into the design of a major development.
2.
Stormwater management measures shall avoid adverse impacts of concentrated flow
on habitat for threatened and endangered species as documented in the
Department’s Landscape Project or Natural Heritage Database established under
N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp
pink) and/or Clemmys muhlnebergi (bog turtle).
3. The
following linear development projects are exempt from the groundwater recharge,
stormwater runoff quantity, and stormwater runoff quality requirements at
Sections 17-8.8c.6 and 17-8.8c.7:
(a) The
construction of an underground utility line provided that the disturbed areas
are revegetated upon completion;
(b) The construction of an aboveground utility
line provided that the existing conditions are maintained to the maximum extent
practicable; and
(c) The
construction of a public pedestrian access, such as a sidewalk or trail with a
maximum width of 14 feet, provided that the access is made of permeable
material.
4. A waiver from strict compliance from the
groundwater recharge, stormwater runoff quantity, and stormwater runoff quality
requirements at Sections 17-8.8c.6 and 17-8.8c.7 may be obtained for the
enlargement of an existing public roadway or railroad; or the construction or
enlargement of a public pedestrian access, provided that the following
conditions are met:
(a) The
applicant demonstrates that there is a public need for the project that cannot
be accomplished by any other means;
(b) The
applicant demonstrates through an alternatives analysis, that through the use
of nonstructural and structural stormwater management strategies and measures,
the option selected complies with the requirements of Sections 17-8.8c.6 and
17-8.8c.7 to the maximum extent practicable;
(c) The
applicant demonstrates that, in order to meet the requirements at Sections 17-8.8c.6
and 17-8.8c.7, existing structures currently in use, such as homes and
buildings would need to be condemned; and
(d) The
applicant demonstrates that it does not own or have other rights to areas,
including the potential to obtain through condemnation lands not falling under Section
17-8.8c.4(c) above within the upstream drainage area of the receiving stream,
that would provide additional opportunities to mitigate for requirements of
Sections 17-8.8c.6 and 17- 8.8c.7 that
were not achievable on-site.
5. Nonstructural Stormwater Management Strategies
(a) To the
maximum extent practicable, the standards in 17-8.8c.6 and 17-8.8c.7 shall be
met by incorporating nonstructural stormwater management strategies into the design.
The applicant shall identify the nonstructural measures incorporated into the
design of the project. If the applicant contends that it is not
feasible for engineering, environmental, or safety reasons to incorporate any
nonstructural stormwater management measures identified in Section 17-8.8c.5(b)
below into the design of a particular project, the applicant shall identify the
strategy considered and provide a basis for the contention.
(b) Nonstructural stormwater management measures
incorporated into site design shall:
(1) Protect
areas that provide water quality benefits or areas particularly susceptible to
erosion and sediment loss;
(2)
Minimize impervious surfaces and break up or disconnect the flow of runoff over
impervious surfaces;
(3) Maximize the protection of natural drainage
features and vegetation;
(4) Minimize the decrease in the "time of
concentration” from pre-construction to post construction. "Time of
concentration" is defined as the time it takes for runoff to travel from
the hydraulically most distant point of the watershed to the point of interest
within a watershed;
(5) Minimize land disturbance including clearing
and grading;
(6) Minimize soil compaction;
(7) Provide low-maintenance landscaping that
encourages retention and planting of native vegetation and minimizes the use of
lawns, fertilizers and pesticides;
(8) Provide vegetated open-channel conveyance
systems discharging into and through stable vegetated areas;
(9) Provide other source controls to prevent or
minimize the use or exposure of pollutants at the site in order to prevent or
minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:
[a] Site
design features that help to prevent accumulation of trash and debris in drainage
systems;
[b] Site
design features that help to prevent discharge of trash and debris from
drainage systems;
[c] Site
design features that help to prevent and/or contain spills or other harmful
accumulations of pollutants at industrial or commercial developments; and
[d] When
establishing vegetation after land disturbance, applying fertilizer in
accordance with the requirements established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules.
(c) Any land area used as a nonstructural
stormwater management measure to meet the performance standards in Sections 17-8.8c.6
and 17-8.8c.7 shall be dedicated to a government agency, subjected to a conservation
restriction filed with the appropriate County Clerk’s office, or subject to an
approved equivalent restriction that ensures that measure or an equivalent
stormwater management measure approved by the reviewing agency is maintained in
perpetuity.
(d) Guidance for nonstructural stormwater
management measures is available in the New Jersey Stormwater Best Management
Practices Manual.
6. Erosion Control,
Groundwater Recharge and Runoff Quantity Standards
(a) This
section contains minimum design and performance standards to control erosion,
encourage and control infiltration and groundwater recharge, and control
stormwater runoff quantity impacts of major development.
(1) The
minimum design and performance standards for erosion control are those
established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq. and implementing rules.
(2) The
minimum design and performance standards for groundwater recharge are as
follows:
[a] The design engineer
shall, using the assumptions and factors for stormwater runoff and groundwater
recharge calculations at Section 17-8.8d, either:
[1]
Demonstrate through hydrologic and hydraulic analysis that the site and its
stormwater management measures maintain 100% of the average annual
pre-construction groundwater recharge volume for the site; or
[2] Demonstrate through
hydrologic and hydraulic analysis that the increase of stormwater runoff volume
from pre-construction to post-construction for the 2-year storm is infiltrated.
[b] This groundwater recharge
requirement does not apply to projects subject to [c] below.
[c] The following types
of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading. High pollutant loading areas
are areas in industrial and commercial developments where solvents and/or
petroleum products are loaded/unloaded, stored, or applied, areas where
pesticides are loaded/unloaded or stored; areas where hazardous materials are
expected to be present in greater than ‘reportable quantities’ as defined by
the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas
where recharge would be inconsistent with Department approved remedial action
work plan or landfill closure plan and areas with high risks for spills of
toxic materials, such as gas stations and vehicle maintenance facilities; and
[2]
Industrial stormwater exposed to “source material”. “Source material” means any
material(s) or machinery, located at an industrial facility, that is directly
or indirectly related to process, manufacturing or other industrial activities,
which could be a source of pollutants in any industrial stormwater discharge to
groundwater. Source materials include, but are not limited to, raw materials;
intermediate products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are exposed to
stormwater.
[d] The
design engineer shall assess the hydraulic impact on the groundwater table and
design the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally
high water table so as to cause surficial ponding, flooding of basements, or
interference with the proper operation of subsurface sewage disposal systems
and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(3) In
order to control stormwater runoff quantity impacts, the design engineer shall,
using the assumptions and factors for stormwater runoff calculations at Section
17.8.8d, complete one of the following:
[a]
Demonstrate through hydrologic and hydraulic analysis that for stormwater
leaving the site, post-construction runoff hydrographs for the 2, 10, and 100
year storm events do not exceed, at any point in time, the pre-construction
runoff hydrographs for the same storm events;
[b]
Demonstrate through hydrologic and hydraulic analysis that there is no increase,
as compared to the pre-construction condition, in the peak runoff rates of
stormwater leaving the site for the 2, 10, and 100 year storm events and that
the increased volume or change in timing of stormwater runoff will not increase
flood damage at or downstream of the site. This analysis shall include the
analysis of impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage area;
[c] Design
stormwater management measures so that the post-construction peak runoff rates
for the 2, 10 and 100 year storm events are 50, 75 and 80 percent,
respectively, of the pre-construction peak runoff rates. The percentages apply
only to the post-construction stormwater runoff that is attributable to the
portion of the site on which the proposed development or project is to be
constructed. The percentages shall not be applied to post-construction
stormwater runoff into tidal flood hazard areas if the increased volume of
stormwater runoff will not increase flood damages below the point of discharge;
or
(b) Any
application for a new agricultural development that meets the definition of
major development at Section 17-8.8k shall be submitted to the appropriate Soil
Conservation District for review and approval in accordance with the
requirements of this section and any applicable Soil Conservation District
guidelines for stormwater runoff quantity and erosion control. For the purposes
of this section, “agricultural development” means land uses normally associated
with the production of food, fiber and livestock for sale. Such uses do not
include the development of land for the processing or sale of food and the
manufacturing of agriculturally related products.
7. Stormwater Runoff Quality Standards
(a) Stormwater
management measures shall be designed to reduce the post-construction load of
total suspended solids (TSS) in stormwater runoff by 80 percent of the
anticipated load from the developed site, expressed as an annual average.
Stormwater management measures shall only be required for water quality control
if an additional 1/4 acre of impervious surface is being proposed on a
development site. The requirement to reduce TSS does not apply to any
stormwater runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollution Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a
NJPDES permit from this requirement. The water quality design storm is 1.25
inches of rainfall in two hours. Water quality calculations shall take into
account the distribution of rain from the water quality design storm. The
calculation of the volume of runoff may take into account the implementation of
non-structural and structural stormwater management measures.
(b) For
purposes of TSS reduction calculations, the New Jersey Stormwater Best
Management Practices Manual provides presumed removal rates for certain BMPs. Alternative removal rates and methods of
calculating removal rates may be used if the design engineer provides
documentation demonstrating the capability of these alternative rates and
methods to the review agency.
(c) If there is more than one onsite drainage
area, the 80% TSS removal rate shall apply to each drainage area, unless the
runoff from the subareas converge on site in which case the removal rate can be
demonstrated through a calculation using a weighted average.
(d) Stormwater management measures shall also be
designed to reduce, to the maximum extent feasible, the post-construction
nutrient load of the anticipated load from the developed site in stormwater
runoff generated from the water quality design storm. In achieving reduction of
nutrients to the maximum extent feasible, the design of the site shall include
nonstructural strategies and structural measures that optimize nutrient removal
while still achieving the performance standards in Sections 17-8.8c.6 and
17-8.8c.7.
(e) Additional information and examples are
contained in the New Jersey Stormwater Best Management Practices Manual.
(f) In accordance with the definition of FW1 at
N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent
any increase in stormwater runoff to waters classified as FW1.
(g) Special water resource protection areas shall
be established along all waters designated Category One at N.J.A.C. 7:9B and
perennial or intermittent streams that drain into or upstream of the Category
One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys,
within the associated HUC14 drainage. These areas shall be established for the
protection of water quality, aesthetic value, exceptional ecological
significance, exceptional recreational significance, exceptional water supply
significance, and exceptional fisheries significance of those established
Category One waters. These areas shall be designated and protected as follows:
(1) The applicant shall
preserve and maintain a special water resource protection area in accordance
with one of the following:
[a] A 300-foot special water resource protection
area shall be provided on each side of the waterway, measured perpendicular to
the waterway from the top of the bank outwards or from the centerline of the
waterway where the bank is not defined, consisting of existing vegetation or
vegetation allowed to follow natural succession is provided.
[b] Encroachment
within the designated special water resource protection area shall only be
allowed where previous development or disturbance has occurred (for example,
active agricultural use, parking area or maintained lawn area). The
encroachment shall only be allowed where applicant demonstrates that the
functional value and overall condition of the special water resource protection
area will be maintained to the maximum extent practicable. In no case shall the
remaining special water resource protection area be reduced to less than 150
feet as measured perpendicular to the top of bank of the waterway or centerline
of the waterway where the bank is undefined. All encroachments proposed under
this subparagraph shall be subject to review and approval by the Department.
(2) All
stormwater shall be discharged outside of and flow through the special water
resource protection area and shall comply with the Standard For Off-Site
Stability in the “Standards for Soil Erosion and Sediment Control in New
Jersey”, established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq.
(3) If
stormwater discharged outside of and flowing through the special water resource
protection area cannot comply with the Standard For Off-Site Stability in the
“Standards for Soil Erosion and Sediment Control in New Jersey”, established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then
the stabilization measures in accordance with the requirements of the above
standards may be placed within the special water resource protection area,
provided that:
[a] Stabilization measures shall not be placed
within 150 feet of the Category One waterway;
[b] Stormwater
associated with discharges allowed by this section shall achieve a 95% TSS
post-construction removal rate;
[c] Temperature
shall be addressed to ensure no impact on receiving waterway;
[d] The
encroachment shall only be allowed where the applicant demonstrates that the
functional value and overall condition of the special water resource protection
area will be maintained to the maximum extent practicable;
[e] A
conceptual project design meeting shall be held with the appropriate Department
staff and Soil Conservation District staff to identify necessary stabilization
measures; and
[f] All
encroachments proposed under this section shall be subject to review and
approval by the Department.
(4) A
stream corridor protection plan may be developed by a regional stormwater
management planning committee as an element of a regional stormwater management
plan, or by a municipality through an adopted municipal stormwater management
plan. If a stream corridor protection plan for a waterway subject to Section 17-8.8c7(g)
has been approved by the Department of Environmental Protection, then the
provisions of the plan shall be the applicable special water resource
protection area requirements for that waterway. A stream corridor protection
plan for a waterway subject to Section 17-8.8c7(g) shall maintain or enhance
the current functional value and overall condition of the special water
resource protection area as defined in Section 17-8.8c7(g)(1)[a] above. In no
case shall a stream corridor protection plan allow the reduction of the Special
Water Resource Protection Area to less than 150 feet as measured perpendicular
to the waterway subject to this subsection.
(5) This
subsection does not apply to the construction of one individual single family
dwelling that is not part of a larger development on a lot receiving
preliminary or final subdivision approval on or before
d. Calculation
of Stormwater Runoff and Groundwater Recharge
1. Stormwater runoff shall be calculated in
accordance with the following:
(a) The design engineer
shall calculate runoff using one of the following methods:
(1) The USDA Natural Resources Conservation
Service (NRCS) methodology, including the NRCS Runoff Equation and
Dimensionless Unit Hydrograph, as described in the NRCS National Engineering
Handbook Section 4 – Hydrology and Technical Release 55 – Urban Hydrology for
Small Watersheds; or
(2) The Rational Method for peak flow and the
Modified Rational Method for hydrograph computations.
(b) For the
purpose of calculating runoff coefficients and groundwater recharge, there is a
presumption that the pre-construction condition of a site or portion thereof is
a wooded land use with good hydrologic condition. The term “runoff coefficient”
applies to both the NRCS methodology at Section 17-8.8d1(a)(1) and the Rational
and Modified Rational Methods at Section 17-8.8d1(a)(2). A runoff coefficient
or a groundwater recharge land cover for an existing condition may be used on
all or a portion of the site if the design engineer verifies that the
hydrologic condition has existed on the site or portion of the site for at
least five years without interruption prior to the time of application. If more
than one land cover have existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is the presumption
that the site is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or with good
hydrologic condition and conservation treatment (if the land use type is
cultivation).
(c) In
computing pre-construction stormwater runoff, the design engineer shall account
for all significant land features and structures, such as ponds, wetlands,
depressions, hedgerows, or culverts, that may reduce pre-construction
stormwater runoff rates and volumes.
(d) In
computing stormwater runoff from all design storms, the design engineer shall
consider the relative stormwater runoff rates and/or volumes of pervious and
impervious surfaces separately to accurately compute the rates and volume of
stormwater runoff from the site. To calculate runoff from unconnected
impervious cover, urban impervious area modifications as described in the NRCS
Technical Release-55, Urban Hydrology for Small Watersheds and other methods
may be employed.
(e) If the
invert of the outlet structure of a stormwater management measure is below the
flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design
engineer shall take into account the effects of tailwater in the design of
structural stormwater management measures.
2. Groundwater recharge may be calculated in
accordance with the following:
(a) The New
Jersey Geological Survey Geological Survey Report GSR-32 A Method for
Evaluating Ground-Water Recharge Areas in
e. Standards
for Structural Stormwater Management Measures
1. Standards for structural stormwater
management measures are as follows:
(a)
Structural stormwater management measures shall be designed to take into account
the existing site conditions, including, for example, environmentally critical
areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table;
soil type, permeability and texture; drainage area and drainage patterns; and
the presence of solution-prone carbonate rocks (limestone).
(b) Structural stormwater management measures
shall be designed to minimize maintenance, facilitate maintenance and repairs,
and ensure proper functioning. Trash racks shall be installed at the intake to
the outlet structure as appropriate, and shall have parallel bars with one-inch
(1”) spacing between the bars to the elevation of the water quality design
storm. For elevations higher than the water quality design storm, the parallel
bars at the outlet structure shall be spaced no greater than one-third (1/3)
the width of the diameter of the orifice or one-third (1/3) the width of the
weir, with a minimum spacing between bars of one-inch and a maximum spacing
between bars of six inches. In addition, the design of trash racks must comply
with the requirements of Section 17-8.8g4.
(c) Structural stormwater management measures
shall be designed, constructed, and installed to be strong, durable, and
corrosion resistant. Measures that are consistent with the relevant portions of
the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5
shall be deemed to meet this requirement.
(d) At the intake to the outlet from the
stormwater management basin, the orifice size shall be a minimum of two and one-half
inches in diameter.
(e) Stormwater management basins shall be designed
to meet the minimum safety standards for stormwater management basins at
Section 17-8.8g.
2. Stormwater management measure guidelines are
available in the New Jersey Stormwater Best Management Practices Manual. Other
stormwater management measures may be utilized provided the design engineer
demonstrates that the proposed measure and its design will accomplish the
required water quantity, groundwater recharge and water quality design and
performance standards established by this subchapter.
3. Manufactured treatment devices may be used to
meet the requirements of this subchapter, provided the pollutant removal rates
are verified by the New Jersey Corporation for Advanced Technology and
certified by the Department.
f. Sources
for Technical Guidance
1. Technical guidance for stormwater management
measures can be found in the documents listed at (a) and (b) below.
(a) Guidelines for stormwater management measures
are contained in the New Jersey Stormwater Best Management Practices Manual, as
amended. Information is provided on stormwater management measures such as:
bioretention systems, constructed stormwater wetlands, dry wells, extended
detention basins, infiltration structures, manufactured treatment devices,
pervious paving, sand filters, vegetative filter strips, and wet ponds.
(b) The New Jersey Department of Environmental
Protection Stormwater Management Facilities Maintenance Manual, as amended.
2. Additional technical guidance for stormwater
management measures can be obtained from the following:
(a) The "Standards for Soil Erosion and
Sediment Control in
(b) The
(c) The Soil Conservation Districts listed in
N.J.A.C. 2:90-1.3(a)4.
g. Safety
Standards for Stormwater Management Basins
1. This section sets forth requirements to
protect public safety through the proper design and operation of stormwater
management basins. This subchapter applies to any new stormwater management
basin.
2. The provisions of this section are not
intended to preempt more stringent municipal or county safety requirements for
new or existing stormwater management basins.
3. Requirements for Trash Racks, Overflow Grates
and Escape Provisions
(a) A trash rack is a device designed to catch
trash and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater management
basin to ensure proper functioning of the basin outlets in accordance with the
following:
(1) The trash rack shall have parallel bars, with
no greater than six inch spacing between the bars.
(2) The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure.
(3) The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range of stage
and discharge. Velocity is to be computed on the basis of the net area of
opening through the rack.
(4) The trash rack shall be constructed and
installed to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 lbs/ft sq.
(b) An overflow grate is designed to prevent
obstruction of the overflow structure. If an outlet structure has an overflow
grate, such grate shall meet the following requirements:
(1) The overflow grate shall be secured to the
outlet structure but removable for emergencies and maintenance.
(2) The overflow grate spacing shall be no less
than two inches across the smallest dimension.
(3) The overflow grate shall be constructed and
installed to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 lbs/ft sq.
(c) For purposes of this subsection, escape
provisions means the permanent installation of ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. Stormwater management basins shall include escape provisions
as follows:
(1) If a stormwater management basin has an outlet
structure, escape provisions shall be incorporated in or on the structure. With
the prior approval of the reviewing agency identified in Section 17-8.8g4., a
freestanding outlet structure may be exempted from this requirement.
(2) Safety ledges shall be constructed on the
slopes of all new stormwater management basins having a permanent pool of water
deeper than two and one-half feet. Such
safety ledges shall be comprised of two steps. Each step shall be four to six
feet in width. One step shall be located
approximately two and one-half feet below the permanent water surface, and the
second step shall be located one to one and one-half feet above the permanent
water surface.
(3) In new stormwater management basins, the
maximum interior slope for an earthen dam, embankment, or berm shall not be
steeper than 3 horizontal to 1 vertical.
4. Variance or Exemption from Safety Standards
(a) A variance or exemption from the safety
standards for stormwater management basins may be granted only upon a written
finding by the appropriate reviewing agency (municipality, county or
Department) that the variance or exemption will not constitute a threat to
public safety.
h. Requirements
for a Site Development Stormwater Plan
1. Submission of Site Development Stormwater
Plan
(a) Whenever an applicant seeks municipal approval
of a development subject to this ordinance, the applicant shall submit all of
the required components of the Checklist for the Site Development Stormwater
Plan at Section 17-8.8h3. below as part of the submission of the applicant's
application for subdivision or site plan approval.
(b) The applicant shall demonstrate that the
project meets the standards set forth in this ordinance.
(c) The applicant shall submit 8 copies of the
materials listed in the checklist for site
development
stormwater plans in accordance with Section 17-8.8h3 of this ordinance.
2. Site Development Stormwater Plan Approval
The
applicant's Site Development project shall be reviewed as a part of the
subdivision or site plan review process by the municipal board or official from
which municipal approval is sought. That municipal board or official shall
consult the engineer retained by the Planning and/or Zoning Board (as
appropriate) to determine if all the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
ordinance.
3. Checklist Requirements. The following information shall be required:
(a) Topographic Base Map
The reviewing engineer
may require upstream tributary drainage system information as necessary. It is
recommended that the topographic base map of the site be submitted which
extends a minimum of 200 feet beyond the limits of the proposed development, at
a scale of 1"=200' or greater, showing 2foot contour intervals. The map as
appropriate may indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, erodible soils, perennial or intermittent
streams that drain into or upstream of the Category 1 waters, wetlands and
flood plains along with their appropriate buffer strips, marshlands and other
wetlands, pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and manmade
features not otherwise shown.
(b) Environmental Site Analysis
A written and graphic
description of the natural and man-made features of the site and its environs. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on the site.
Particular attention should be given to unique, unusual, or environmentally
sensitive features and to those that provide particular opportunities or
constraints for development.
(c) Project Description and Site Plan(s)
A map (or maps) at the
scale of the topographical base map indicating the location of existing and
proposed buildings, roads, parking areas, utilities, structural facilities for
stormwater management and sediment control, and other permanent structures. The
map(s) shall also clearly show areas where alterations occur in the natural
terrain and cover, including lawns and other landscaping, and seasonal high
ground water elevations. A written description of the site plan and
justification of proposed changes in natural conditions may also be provided.
(d) Land Use Planning and Source Control Plan
This plan shall provide
a demonstration of how the goals and standards of Sections 17-8.8b through 17-8.8e
are being met. The focus of this plan shall be to describe how the site is
being developed to meet the objective of controlling groundwater recharge,
stormwater quality and stormwater quantity problems at the source by land
management and source controls whenever possible.
(e) Stormwater Management Facilities Map
The following
information, illustrated on a map of the same scale as the topographic base
map, shall be included:
(1) Total area to be paved or built upon, proposed
surface contours, land area to be occupied by the stormwater management
facilities and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(2) Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention and
emergency spillway provisions with maximum discharge capacity of each spillway.
(f) Calculations
(1) Comprehensive hydrologic and hydraulic design
calculations for the pre-development and post-development conditions for the
design storms specified in Section 17-8.8c. of this ordinance.
(2) When the proposed stormwater management
control measures (e.g. infiltration basins) depends on the hydrologic
properties of soils, then a soils report shall be submitted. The soils report
shall be based on onsite boring logs or soil pit profiles. The number and
location of required soil borings or soil pits shall be determined based on
what is needed to determine the suitability and distribution of soil types
present at the location of the control measure.
Onsite boring logs and soil pit profiles shall be witnessed by a
qualified representative of the Township.
(g) Maintenance and Repair Plan
The design and planning
of the stormwater management facility shall meet the maintenance requirements
of Section 17-8.8i.
(h) Waiver from Submission Requirements
The municipal official
or board reviewing an application under this ordinance may, in consultation
with the municipal engineer, waive submission of any of the requirements in
Sections 17-8.8h3(a)-(f) of this ordinance when it can be demonstrated that the
information requested is impossible to obtain or it would create a hardship on
the applicant to obtain and its absence will not materially affect the review
process.
i. Maintenance and Repair
1. Applicability. Projects subject to review as in Section 17-8.8a3.
of this ordinance shall comply with the requirements of Section 17-8.8i2. and 17-8.8i3.
2. General Maintenance
(a) The design engineer shall prepare a
maintenance plan for the stormwater management measures incorporated into the
design of a major development.
(b) The maintenance plan shall contain specific
preventative maintenance tasks and schedules; cost estimates, including
estimated cost of sediment, debris, or trash removal; and the name, address,
and telephone number of the person or persons responsible for preventative and
corrective maintenance (including replacement). Maintenance guidelines for
stormwater management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a person other
than the developer (for example, a public agency or homeowners’ association) as
having the responsibility for maintenance, the plan shall include documentation
of such person’s agreement to assume this responsibility, or of the developer’s
obligation to dedicate a stormwater management facility to such person under an
applicable ordinance or regulation.
(c) Responsibility for maintenance shall not be
assigned or transferred to the owner or tenant of an individual property in a
residential development or project, unless such owner or tenant owns or leases
the entire residential development or project.
(d) If the person responsible for maintenance
identified under Section 17-8.8i2(b) above is not a public agency, the
maintenance plan and any future revisions based on Section 17-8.8i2(g) below
shall be recorded upon the deed of record for each property on which the
maintenance described in the maintenance plan must be undertaken.
(e) Preventative and corrective maintenance shall
be performed to maintain the function of the stormwater management measure,
including repairs or replacement to the structure; removal of sediment, debris,
or trash; restoration of eroded areas; snow and ice removal; fence repair or
replacement; restoration of vegetation; and repair or replacement of
nonvegetated linings.
(f) The
person responsible for maintenance identified under Section 17-8.8i2(b) above
shall maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into the design
of the development, including a record of all inspections and copies of all
maintenance-related work orders.
(g) The person responsible for maintenance
identified under Section 17-8.8i2(b) above shall evaluate the effectiveness of
the maintenance plan at least once per year and adjust the plan and the deed as
needed.
(h) The person responsible for maintenance
identified under Section 17-8.8i2(b) above shall retain and make available,
upon request by any public entity with administrative, health, environmental,
or safety authority over the site, the maintenance plan and the documentation
required by Sections 17-8.8i(2)(f) and (g) above.
(i) The requirements of Sections 17-8.8i(2)(c) and
(d) do not apply to stormwater management facilities that are dedicated to and
accepted by the municipality or another governmental agency.
(j) In the event that the stormwater management
facility becomes a danger to public safety or public health, or if it is in
need of maintenance, the municipality shall so notify the responsible person in
writing. Upon receipt of that notice, the responsible person shall have
fourteen (14) days to effect maintenance and repair of the facility in a manner
that is approved by the municipal engineer or his designee. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall bill the cost
thereof to the responsible person.
3. Nothing in this section shall preclude the
municipality in which the major development is located from requiring the
posting of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
j. Effective
Date
This ordinance shall
take effect upon the approval by the county review agency, or sixty (60) days
after submission to the county review agency if they fail to act.
k. Definitions
Unless specifically
defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
"Compaction"
means the increase in soil bulk density.
“Core” means a
pedestrian-oriented area of commercial and civic uses serving the surrounding
municipality, generally including housing and access to public transportation.
“County review agency” means
an agency designated by the
"Department"
means the New Jersey Department of Environmental Protection.
“Designated Center”
means a State Development and
“Design engineer” means
a person professionally qualified and duly licensed in
“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 building or structure, 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 is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands,
development means: any activity that requires a State permit; any activity
reviewed by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity not exempted
by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
“Drainage area” means a
geographic area within which stormwater, sediments, or dissolved materials
drain to a particular receiving waterbody or to a particular point along a
receiving waterbody.
“Environmentally
constrained area” means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement, deed
restriction or ownership such as: wetlands, floodplains, threatened and
endangered species sites or designated habitats, and parks and preserves. Habitats
of endangered or threatened species are identified using the Department’s
Landscape Project as approved by the Department’s Endangered and Nongame
Species Program.
“Environmentally
critical areas” means an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large areas of
contiguous open space or upland forest; steep slopes; and well head protection
and groundwater recharge areas. Habitats of endangered or threatened species
are identified using the Department’s Landscape Project as approved by the
Department’s Endangered and Nongame Species Program.
“Erosion” means the
detachment and movement of soil or rock fragments by water, wind, ice or
gravity.
"Impervious
surface" means a surface that has been covered with a layer of material so
that it is highly resistant to infiltration by water.
“Infiltration” is the
process by which water that seeps into the soil from precipitation.
“Major development”
means any “development” that provides for ultimately disturbing one or more
acres of land or increasing impervious surface by one-quarter acre or more.
Disturbance for the purpose of this rule is the placement of impervious surface
or exposure and/or movement of soil or bedrock or clearing, cutting, or
removing of vegetation. Projects undertaken by any government agency which
otherwise meet the definition of “major development” but which do not require
approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. are also
considered “major development.”
“Minor development”
means any nonresidential development
that results in the creation of 5,000 square feet or more of new impervious
area or that disturbs more than one-half acre of land area. Further, a minor development shall not meet
the definition of “major development”.
“Node” means an area
designated by the State Planning Commission concentrating facilities and
activities which are not organized in a compact form.
“Nutrient” means a
chemical element or compound, such as nitrogen or phosphorus, which is
essential to and promotes the development of organisms.
"Person" means
any individual, corporation, company, partnership, firm, association, or
political subdivision of this State and any state, interstate or federal
agency.
“Pollutant” means any
dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes,
biological materials, medical wastes, radioactive substance (except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et
seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt,
industrial, municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters or surface
waters of the State, or to a domestic treatment works.
“Pollutant” includes
both hazardous and nonhazardous pollutants.
“Recharge” means the
amount of water from precipitation that infiltrates into the ground and is not
evapotranspired.
“Sediment” means solid
material, mineral or organic, that is in suspension, is being transported, or
has been moved from its site of origin by air, water or gravity as a product of
erosion.
“Site” means the lot or
lots upon which a major development is to occur or has occurred.
“Soil” means all
unconsolidated mineral and organic material of any origin.
“State Plan Policy Map”
is defined as the geographic application of the State Development and
Redevelopment Plan’s
goals and statewide policies, and the official map of these goals and policies.
“Stormwater” means water
resulting from precipitation (including rain and snow) that runs off the land’s
surface, is transmitted to the subsurface, or is captured by separate storm
sewers or other sewage or drainage facilities.
“Stormwater runoff"
means water flow on the surface of the ground or in storm sewers, resulting
from precipitation.
“Stormwater management
basin” means an excavation or embankment and related areas designed to retain
stormwater runoff. A stormwater management basin may either be normally dry
(that is, a detention basin or infiltration basin), retain water in a permanent
pool (a retention basin), or be planted mainly with wetland vegetation (most
constructed stormwater wetlands).
“Stormwater management
measure” means any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration or
groundwater recharge of stormwater or to eliminate illicit or illegal
non-stormwater discharges into stormwater conveyances.
“Waters of the State”
means the ocean and its estuaries, all springs, streams, wetlands, and bodies
of surface or ground water, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
“Wetlands” or
"wetland” means an area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, commonly known as hydrophytic
vegetation.
2. Section 18-5.6, Design Standards and Required Site Improvements, is hereby amended to add the following new paragraph n.:
n. Stormwater management standards for site plans are contained in Section 17-8.8.
3.
This Ordinance shall take effect following passage and
publication in accordance with the laws of the State of
Ordinance No. 2006-07
- Introduction
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township introduced Ordinance No. 2006-07. (as entitled below)
ORDINANCE NO. 2006-07
AN ORDINANCE TO AMEND THE REVISED GENERAL ORDINANCE OF THE TOWNSHIP OF LEBANON, COUNTY OF HUNTERDON, STATE OF NEW JERSEY, AND MORE SPECIFICALLY CHAPTER XVIII (ZONING)
Public Hearing to be held on
Resolution No. 49-2006
Motion by Mr. Piazza, seconded by Mr. Weeks and carried
by favorable roll call vote, the
Township Committee adopted Resolution No. 49-2006. AYES: Weeks, Piazza, Schriver NAYS:
Post (As written below)
STATE OF NEW
RESOLUTION No. 49-2006
RELIEF FROM THE MUNICIPAL
CAP LAW
WHEREAS, since their institution in 1977 as part of
the package of bills establishing the Property Tax Relief Fund, funded by New
Jersey’s first Income Tax, the artificial limits on local budgetary discretion
contained in the local government cap law have, repeatedly, proved to be
unworkable an in need of amendment in times of fiscal stress; and
WHEREAS, the latest amendments to the cap law were
enacted in 2004 as part of Governor McGreevey’s FAIR Plan, which was supposed
to provide short term property tax relief and produce long term property tax
reform, the cap amendments being a part of the short term relief component; and
WHEREAS, those 2004 amendments drastically lowered
the cap, eliminated important exceptions to the cap and severely limited the
use of “cap banking” which is crucial to municipal intermediate range budgetary
planning; and
WHEREAS, despite the recommendations of the
Governor’s Blue Ribbon Property Tax Convention Task Force and despite the
energetic efforts of a core of concerned and committed legislators and the
outspoken support of a large and growing coalition of citizens’ public interest
groups, the Legislature has, to date, failed to advance the cause of property
tax reform, continuing decades of inattention to a problem that a majority of
our fellow citizens consistently identify as their greatest public policy
concern; and
WHEREAS, instead, State policy makers have
consistently under-funded, cut and eliminated crucial municipal property tax
relief programs, thereby exacerbating the property tax crises and making it
increasingly difficult for municipal budget makers to meet the needs and honor
the wishes of local property taxpayers and to deal with current fiscal stresses
over which they have no control; and
WHEREAS, in recognition of these serious issues,
legislation has been introduced to provide appropriate flexibility to help
local budget makers better meet citizen needs for high quality public programs
and services; and
WHEREAS, in order to do so, the bill (A-1425) would:
first make permanent the temporary cap exception for costs of domestic security
preparedness and responses to incidents and threats to domestic security;
second, make permanent the temporary cap exception for liability insurance,
workers’ compensation insurance and employee group insurance; and finally,
provide an exception from the county and municipal local budget cap for
appropriations for the costs of goods and services, including wage and salary
increases that are required under contracts entered into prior to July 7, 2005,
the effective date of P.L. 2004, c.74, the statute that reduced the local
budget cap limits to the lesser of 2.5% or the consumer price index; and
WHEREAS, while extremely beneficial for rational
effective budgetary planning, the “cap banking” problems created by the 2004
amendments will pose lasting and growing problems for municipalities trying to
prepare for unanticipated exigencies and immanent needs; now therefore be it
RESOLVED that the Township Committee of the
RESOLVED, that we do respectfully request an
amendment to the bill to restore “cap banking” to its previous status, as it
existed prior to the 2004 amendments; and be it further
RESOLVED, the copies of this resolution be forwarded
to our State Legislative Delegation and to the New Jersey League of
Municipalities.
I hereby certify this to be a true copy of a
Resolution adopted by the Lebanon Township Committee at a regular meeting held
on
Resolution No. 50-2006
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 50-2006.
STATE OF NEW
RESOLUTION No. 50-2006
OPPOSING SENATE BILL 1219
WHEREAS, Senator Robert Martin has sponsored Senate
Bill 1219 concerning certain amendments to the Open Public Meetings Act (OPMA);
and
WHEREAS, the governing bode of the
WHEREAS, Senate Bill 1219 imposes unreasonable fines
and penalties for any violation of the Open Public Meetings Act (OPMA), and
further imposes requirements of
a.
the recording of executive sessions,
b.
promotes overly long meetings,
c.
removes appropriate discretion from government officials including the
management of meetings
d.
imposes additional burdens of requirements upon sub-committee meetings
e.
provides for the awarding of attorney fees only to successful plaintiff
but not to a public body if found not to have violated the law
f.
requires that minutes be available within five (5) business days
thereby creating undo hardship upon the office of the Municipal Clerk
g.
requires local government to establish an internet site at the
WHEREAS, Senate Bill 1219 continues the unfair
exemption provided to the legislative branch of State government by exempting
the State government from the same requirement that Senate Bill 1219 would
impose on municipalities, counties, school districts, and authorities
NOW, THEREFORE, BE IT RESOLVED by the governing body
of the
1. That the governing body does hereby Oppose
the adoption of Senate Bill 1219 for the reasons noted above.
2. That a copy of this Resolution be
forwarded to the 23rd Legislative District Representatives and the New
Jersey State League of Municipalities.
3. That a copy of this Resolution be forwarded
to each municipality in Hunterdon County with the request that the Governing
Body adopt a Resolution of Opposition to Senate Bill 1219.
4. That a copy of this Resolution be
forwarded to the Hunterdon County Freeholder Board with the request that the
Freeholders adopt a Resolution of Opposition to Senate Bill 1219.
I hereby certify this to be
a true copy of a Resolution adopted by the Lebanon Township Committee at a
regular meeting held on
Resolution No. 51-2006
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 51-2006. (as written below)
RESOLUTION NO. 51-2006
STATE OF NEW
A RESOLUTION OF THE
AUTHORIZING EXECUTION
OF CLOSING DOCUMENTS
FOR THE PROPERTY
KNOWN AS “SPECIAL FARMS”
WHEREAS, the owners of the
property known as “Special Farms”, Block 57, Lot 32, Block 57, Lot 43 and Block
36, Lot 26 on the Tax Map of Lebanon Township, located at 114-134 Anthony Road,
wish to convey their property to the New Jersey Water Supply Authority; and,
WHEREAS, the New Jersey Water Supply Authority will
convey the Special Farms property to Green Acres and the State of New Jersey State
Agricultural Development Committee; and,
WHEREAS, the
WHEREAS, the documents indicating the various contribution levels,
as well as the Deeds transferring ownership of said property are attached
hereto and made part of this Resolution;
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Lebanon
that the Mayor and Township Clerk are hereby authorized to execute any and all
documents necessary to effectuate the closing of the
property known as “Special Farms, ” Block 57, Lot 32, Block 57, Lot 43 and
Block 36, Lot 26 on the Tax Map of Lebanon Township, located at 114-134 Anthony
Road.
OLD BUSINESS
Recreation Open Space Inventory
A letter was
received from the Planning Board stating that they reviewed and discussed the
ROSI and the Board agreed that the two park properties should be placed on the
ROSI and that portions of Block 29 Lot 28, which was the former Rich property,
should also be included.
Motion by Mr. Post seconded by Mr. Piazza and carried by
unanimous favorable roll call vote,
the Township Committee authorized the submission of the ROSI, including the
Rich Property with a portion removed (Post Office) and authorized the necessary
Township Officials to execute the necessary documents for filing.
Red Light Permit – Giulio Dantonio
Tabled until the
Executive Session
Mr. Piazza stated
that the Township Attorney ensures that the Committee stays in line with the
subject matter that can be discussed in Executive Session.
NEW BUSINESS
Application for Special Permit for Social Affair – Liquor
License
Motion by Mr. Piazza seconded by Mr. Post and carried by
unanimous favorable roll call vote,
the Township Committee approved an application for a Social Affair Permit for
Reimbursement of Deposit for
Jersey One Auto had
been the successful bidder on the 2002 Ford Explorer. However, they stated that they were not
informed that the motor was not working when they placed their bid. Jersey One withdrew their bid and requested a
refund of their $350.00 deposit.
Motion by Mr. Piazza seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee moved to void the awarding of the bid to Jersey One Auto Sales Inc, at the request of the bidder, to reimburse the $350.00 deposit and authorized Mr. Piazza and other Township Officials to rebid the 2002 Ford Explorer at a minimum bid to be established.
Well Testing at
Mr. Weeks stated that he received two phone calls from
residents regarding well drilling that is being preformed at the
Many members of the public were in attendance at the meeting to state their concerns with the well testing and to inform the Committee that they did not receive adequate notice of the school’s intentions.
Motion by Mr. Piazza seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee moved to waive the process of Open Session subject to discussion of this specific issue.
Mr. John Hildabrandt of Aqua New Jersey, was in attendance at the meeting and stated that they are drilling an exploratory well at the school with the intentions of replacing an existing well which is located behind the A & P on County Road 513.
The DEP wants another well drilled between the school and
the
The well in need of being replaced, services the Borough of Califon. The existing well has a part per mil. of iron in the water. When Califon needs the water to be pumped the residents must be notified. There are problems with filters and other laundry issues due to iron staining.
Aqua informed the Committee as to the logic of well testing
at the school. The Committee and
Township Attorney stated concerns that the Township Committee and the Township
Board of Health were not notified of the actions. Mr. Bernstein stated that Aqua or the Lebanon
Township Board of Education should have advised the Township Officials and the
Mr. Bernstein also questioned if the Board of Education
advised the
Aqua stated that due to the Highlands Act, the Califon Water
System can not expand beyond what it is now.
There is no possibility for expansion in other municipalities, Califon
or
Mr. Bernstein suggested requesting a copy of all pertinent materials, plans, surveys and pictures to be sent to Hunterdon County Department of Health and the Township Engineer for review. He also advised that the Committee ask the Board of Education what their plans are, what the contract states and what precautions are being taken if a problem should develop.
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee moved to close the public comment portion of the meeting.
Attorney Bernstein recommended that the Clerk contact the Board of Education to request a copy of the contract and to indicate that based on the situation, they are requested to be in attendance at June 7, 2006 Committee meeting.
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee authorized the Clerk to request the documents as stated, to be sent to the Township Engineer and County Department of Health, to request the Board of Education to be in attendance at the June 7, 2006 and authorized the Mayor and Clerk to take any required action to call a special meeting if deemed necessary.
Mayor Schriver also asked for the Township Engineer and the County Department of Health to be in attendance.
Planning Board
Appointment
Mayor Schriver appointed Richard Weiler to fill the
unexpired term of Alternate #1 Planning Board Member.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Mr. Piazza questioned the Township paying for Township Professional’s dinner at the Municipal Officer’s dinner. The Professional is responsible to pay for his/her meal for future dinner meetings.
Attorney Bernstein’s March and April bills were not received by the Municipal Treasurer prior to the meeting. Attorney Bernstein provided the CFO with original copies at the meeting.
Motion by seconded Mr. Post seconded by Mr. Piazza and carried by
unanimous favorable roll call vote
the Township Committee approved the
$82,200.13 with the addition of Attorney’s March and April Bills once approved for payment by Mr. Piazza.
CORRESPONDENCE
NJ Ride Against Aids –
Township Historians
PUBLIC COMMENTS
Motion by Mr. Piazza seconded by Mr. Weeks and carried by
unanimous favorable roll call vote the Township Committee opened the Public
Comment portion of the meeting.
No Public Comments
Motion by Mr. Weeks seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee closed the Public Comment portion of the meeting.
EXECUTIVE SESSION
Motion by Mr. Piazza seconded by Mr. Monahan and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 52-2006 and convened in executive session at 8:30 p.m.
RESOLUTION NO. 52-2006
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Attorney Client Privilege – Woodglen
Finance Matter
Personnel - Library
Motion by Mr. Weeks seconded by Mr. Piazza and carried by unanimous
favorable roll call vote, the
Township Committee reconvened the Regular Committee meeting at
Attorney Bernstein
stated that Mr. Art Gerlich and CFO Greg Della Pia were in attendance during a
portion to the Closed Session.
Attorney Bernstein
stated that there was discussion on the Library Committee. The Mayor, Mr. Piazza, the Clerk and Mr.
Gerlich will be meeting next week to discuss Library personnel related
issues. No formal action to be taken.
Discussion was held
with the Municipal Attorney relative to an opinion granted on the Woodglen
Historic matter. The Committee has
authorized the Attorney to draft necessary paperwork for the next meeting.
There was discussion relative to an opinion requested by the Mayor, from the Township Attorney’s office, which will be rendered prior to the next Township Committee meeting which relates to the CFO and a potential financial matter. It will then be addressed by the Township Attorney once he has consulted with the Township CFO.
Motion by Mr. Post seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee authorized the expenditure of $74,456.49 to New Jersey Water Supply Authority pursuant to the Township’s portion of the purchase of the Special Farms.
Having no further business to come before the Committee a
motion was made by Mr. Piazza
seconded by Mr. Weeks and carried by unanimous favorable roll call vote
to adjourn the meeting at
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved ___________________________
Patricia Schriver, Mayor