TOWNSHIP COMMITTEE
FEBRUARY 14, 2006 MINUTES
The Tewksbury Township Committee met in a regular session at on the above date at the MunicipalBuilding, Mountainville, NJ.
The meeting was called to order at 7:00 PM, roll call held and a quorum established.
Mayor William J. Voyce presided.
Other officials in attendance were Township Committee members, Dianne Clarke-Kudless, Thomas G. Kenyon, George Tauber and Shaun Van Doren.
Jesse Landon, Township Administrator and Roberta Brassard, Municipal Clerk were in attendance.
Township Professionals in attendance were Judith Kopen, Township Attorney and Andrew Holt, Township Engineer.
There were approximately eight members of the public in attendance.
1.Open Public Meetings Statement
The Open Public Meetings Statement was read by Mayor Voyce.
2.Executive Session
At 7:05 PM Mr. Van Doren moved adoption of the following Resolution, seconded by Mr. Kenyon. The motion was approved. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
RESOLUTION #35-2006
A RESOLUTION AUTHORIZING AN EXECUTIVE SESSION OF THE TEWKSBURY TOWNSHIP COMMITTEE
BE IT RESOLVED, pursuant to N.J.S.A. 10:4-13 and 10:4-12 that the Tewksbury Township Committee hold a closed session to discuss Land Acquisition, Advice of Attorney and Personnel.
It is expected that the discussion undertaken in closed session can be made public at the time official action is taken.
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William J. Voyce
Mayor
3.Reconvened
The meeting reconvened at 8:00 PM.
4. Flag Salute
Those present stood and pledged allegiance to the American flag.
5.Correspondence
The Correspondence List is attached to the minutes.
6.Public Participation
Bob Konopada noted that his neighbor has been splashing mud on his fence and requested that the Township Committee adopt a nuisance ordinance to address issues such as these.
In response to a question by Vincent Morris, Mayor Voyce read the title of the draft ordinance presented to the Township Committee for review and comment.
Dennis McGill stated that ordinances related to quality of life and preserving the value of an individual’s property should be considered for adoption.
David Barnes stated his appreciation of the work done by the Department of Public Works during the recent snow storm.
Hank Klumpp agreed with Mr. Barnes’ statement regarding the DPW. He made note of his displeasure with the Highlands Council and some of the related actions. He commented on the percentage of Township residents who contribute to the Tewksbury Rescue Squad, adding that a new library is not needed in the Township.
7.Actions to be taken
Appointments
Dr. Clarke-Kudless made a motion to appoint Tom Stransky (as the Scenic Roads representative) and Norman Diegnan (as the public member) to a one year term to the Forestry Advisory Board, seconded by Mr. Van Doren. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Mr. Tauber made a motion to appoint Cynthia Clover to a one year term to the Equestrian Committee, seconded by Mr. Van Doren. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Ordinance Public Hearing
Mr. Van Doren made a motion to open the Public Hearing on Ordinance #01-2006, seconded by Mr. Kenyon. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Ms. Brassard provided proof of publication from the 01/19/06 Hunterdon County Democrat.
Mr. Klumpp questioned how the Ordinance would function and if it would impose any additional costs to the Township.
Mr. Barnes questioned if the work would take time away from the DPW employees.
There being no additional comments from the public, Mr. Kenyon moved to close the Public Hearing on Ordinance #01-2006, seconded by Mr. Van Doren. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Mr. Van Doren move adoption Ordinance #01-2006, seconded by Mr. Kenyon. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
ORDINANCE NO. 01-2006
AN ORDINANCE REGARDING THE TRANSFER OF JURISDICTION FOR THE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CONSTRUCTION CODE IN THE TOWNSHIP OF LEBANON AND THE BOROUGH OF CALIFON TO THE CONSTRUCTION DEPARTMENT OF THE TOWNSHIP OF TEWKSBURY
AND AUTHORIZING A CONTRACT WITH THE BOROUGH OF CALIFON AND THE TOWNSHIP OF LEBANON FOR SUCH PURPOSE
Section 1. From and after the effective date of this Ordinance, the New Jersey State Uniform Construction Code enforcing agency for the Borough of Califon, and the Township of Lebanon, both in the County of Hunterdon,shall be the Township of Tewksbury ConstructionDepartment, consisting of the Township of Tewksbury Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, Elevator Safety Subcode Official and such other Subcode Officials for such additional sub-codes as the Commissioner of the Department of Community Affairs, State of New Jersey shall hereafter adopt pursuant to the State Uniform Construction Code Act (NJSA 52: 27D-119, et seq). The Township of Tewksbury construction official shall be the chief administrator of Uniform Construction Code enforcement in the said Borough of Califon and the said Township of Lebanon.
Section 2. The public in the Borough of Califon and Township of Lebanon shall have the right to do business with the Township of Tewksbury Construction Department at its office location at 108 Fairmount Road West, Califon, NJ 07830, or such other place in TewksburyTownship to which it is relocated.
Section 3. Persons in the Borough of Califon or Township of Lebanon aggrieved by a decision of the Township of Tewksbury Construction Department as enforcing agency, may appeal such decisions to the Construction Board of Appeals established by the Board of Chosen Freeholders in HunterdonCounty.
Section 4. The fee for a construction permit shall be a sum equal to the sum of the subcode fees listed in the current fee schedule of the Township of Tewksbury ordinance establishing a state uniform construction enforcing agency and construction fee schedule pursuant to the State Uniform Construction Code Act and Title 5, Chapter 23 of the New Jersey Administrative Code, and as such ordinance may be amended and revised from time to time.
Section 5. The Township of Tewksbury construction official shall, with the advice of the Township of Tewksbury sub-code officials, prepare and submit to the Mayor and Council of the Borough of Califon, and the Township Committee of the Township of Lebanon, bi-annually, a copy of the report to the Township Committee recommending a fee schedule based on the operating expenses of the Township of Tewksbury agency, and any other expenses of the Township of Tewksbury fairly attributable to the State Uniform Construction Code Act.
Section 6. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the Township of Tewksbury enforcing agency shall collect from applicants in the Borough of Califon, and the Township of Lebanon, in addition to the fee specified above, a surcharge fee required by N.J.A.C. 5:23-4.19. Said surcharge fee shall be remitted to the Bureau of Regulatory Affairs, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due.
Section 7. The Township of Tewksbury enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fees collected in the fiscal year.
Section8.TheTownship of Tewksbury is hereby authorized to enter into the attached contract pursuant to NJSA 40: 8A-1, et. seq., the Interlocal Services Act, with the Borough of Califon, and the Township of Lebanon, for the providing of a Uniform Construction Code inspection and enforcement services enforcing agency and inspection services by the Township of Tewksbury Construction Department for the residents of the Borough of Califon, and the Township of Lebanon. A copy of said contract shall be filed and open to public inspection at the offices of the Township of Tewksbury immediately after the introduction of this ordinance, and said contract shall take effect following the adoption of appropriate ordinances by the Township of Tewksbury, the Borough of Califon, and the Township of Lebanon, upon the effective date of this ordinance.
Section 9. This ordinance shall take effect upon the date when all of (a), (b), and (c) below have occurred: (a) the final adoption and publication according to law of this ordinance; (b) final adoption and publication of a similar ordinance by the Borough of Califon; and (c) final adoption and publication of a similar ordinance by the Township of Lebanon.
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William J. Voyce
Mayor
Mr. Van Doren made a motion to open the Public Hearing on Ordinance #02-2006, seconded by Mr. Kenyon. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Ms. Brassard provided proof of publication from the 01/19/06 Hunterdon County Democrat and read from the Planning Board memo, a portion of which is included below.
“The Planning Board voted to find the above referenced ordinance not inconsistent with the Master Plan with the recommendation that the checklist requirements be amended to request that data for the Environmental Site Analysis be based on field inspection versus a stale database (Section 9. C. 2.). This recommendation is subject to the Township Engineer finding that the revision is feasible.”
Mr. Holt agreed that the change would not be considered substantial and it was agreed that the second sentence of Section 9.C.2 be amended to read as follows.
This description to the extent practicable shall be verified by fieldinspection andshould include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site.
There being no comments from the public, Mr. Van Doren moved to close the Public Hearing on Ordinance #02-2006, seconded by Mr. Tauber. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Mr. Van Doren move adoption Ordinance #02-2006 as amended, seconded by Mr. Tauber. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
TOWNSHIP OF TEWKSBURY
COUNTY OF HUNTERDON
ORDINANCE NO. 02-2006
AN ORDINANCE TO AMEND AN ORDINANCE
WHOSE SHORT TITLE IS
“TEWKSBURYTOWNSHIP DEVELOPMENT REGULATIONS ORDINANCE (2000)”
BE IT ORDAINED by the Township Committee of the Township of Tewksbury, in the County of Hunterdon and State of New Jersey, that an ordinance of this Township whose short title is “Tewksbury Township Development Regulations Ordinance (2000)” be, and the same is hereby, amended as follows:
Article VI Section 625, STORMWATER MANAGEMENT: SYSTEM DESIGN – DETENTION FACILITIES (NJAC 5:21-7.5) and Section 626 STORMWATER MANAGEMENT WATER QUALITY (NJAC 5:21-7.6) are hereby deleted in their entirety and replaced with the following:
Article VI Section 625 STORMWATER CONTROL
Section 1: Purpose
- Policy Statement
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.
- Purpose
It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for major development.
- Applicability
- This ordinance shall be applicable to any site plan or subdivision that requires preliminary or final site plan review as follows:
- Non-residential major development; and
- Aspects of the residential major developments that are not pre-empted by the Residential site Improvements Standards at N.J.A.C. 5:21.
2.This ordinance shall also be applicable to all major developments undertaken by TewksburyTownship.
D.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 applicant of the responsibility to secure required permits or approvals for activities regulated by any 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 ordinance, 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.
Section 2: 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 CountyBoard of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
-A county planning agency; or
-A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
“Department” means the New Jersey Department of Environmental Protection.
“Designated Center” means a State Development and RedevelopmentPlanCenter as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
“Design engineer” means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
“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 Development Board (CADB) 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 area” 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.”
“Municipality” means TewksburyTownship.
“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.