,Too Preserving the Legacy of 2000-2003 Ordinances Second Quarter, 2002

TOWNSHIP OF LONG HILL ORDINANCE #104-02 AN ORDINANCE CREATING ADMINISTRATIVE WAIVERS IN THE B-3 PLANNED SHOPPING ZONE AND SUPPLEMENTING AND AMENDING SECTIONS 160 AND 180 OF THE TOWNSHIP LAND USE ORDINANCE Amended May 22, 2002 WHEREAS, Dawn Wolfe, Township Planning and Zoning Administrator, advised the Township Clerk in a March 13, 2002 memorandum that the Planning Board recommends amending the Zoning Ordinance by creating administrative site plan waivers in the B-3 zone; and WHEREAS, the Township Committee agrees with the recommendation of the Planning Board; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that Sections 160 and 180 of the Township Land Use Ordinance entitled "Site Plan and Subdivision Review" and "Development Fees, Escrow Deposits, Guarantees and Improvements" respectively are hereby supplemented and amended as follows: Section 1. Paragraph "a" of subsection 162.2 entitled "Site Plan Review" is supplemented and amended by adding a new paragraph "6" to which reads as follows: "6. Where there is a change in use or tenancy in the B-3 zone that does not involve the enlargement or expansion of existing structures, the Construction Official, in consultation with the Checklist Review Committee, may issue a certificate of occupancy without site plan review and approval, provided that said change is a permitted use in the zone and does not adversely affect nor substantially add to traffic flow and parking demands nor contribute to any hazardous or unsafe condition." Section 2. The fees set forth in paragraph "b" - "Site Plan Approvals" of § 181.1 "Application Fees and Escrow Deposits" in Section 181 entitled "Development Fees" is supplemented and amended to read as follows: "b. SITE PLAN APPROVALS: Application - Application Fee - Escrow Deposit 1. Concept Review - $250 - $1,000 2. Waived Site Plan Approvals - $500 - $1,000 Administratively Waived Site Plan Approvals - $ 100 - $ 150 3. Minor Site Plans - $500 - $2,000 (a) Conforming Ground Signs - $ 50 - $ 250 (b) All Non-Conforming Ground Signs - $500 - $2,000" Section 3. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 4. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 5. This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, April 24, 2002 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, May 22 June 12, 2002 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL ORDINANCE #105-02 AN ORDINANCE CREATING A NEW P-PUBLIC USE ZONE AND SUPPLEMENTING AND AMENDING THE TOWNSHIP LAND USE ORDINANCE Amended May 22, 2002 WHEREAS, all municipal properties are presently located in the C-Conservation Zone District, which is primarily a low-density, single-family residential and agricultural zone; and WHEREAS, the Township Planning Board and Township Planner John Fussa have recommended that certain municipal properties be located in a new Public Use Zone; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that the Township Land Use Ordinance is hereby supplemented and amended as follows: Section 1.  §121.1 entitled "Enumeration of Zone Districts" in Section 121 entitled "Zone Districts" is supplemented and amended by adding a new P-Public Use Zone. Section 2.  §121.3 entitled "Zoning Map" is amended to read as follows: "The zoning map delineating the above districts entitled "Zoning Map, Township of Long Hill" prepared by Township Planner John Fussa of Heyer, Gruel and Associates, P.A. and dated , 2002 is incorporated herein by reference . . . . " supplemented by adding the following new sentence at the end of the existing paragraph: "The following properties are designated as being in the P-Public zone district and the zoning map is amended accordingly: BLOCK LOT STREET ADDRESS (NAME) 12 6 Warren Avenue DPW and Sewer Plant 30 10 Valley Road Twp Park/Recreation Facilities 30 10.01 Valley Road New Town Hall/Library 126.02 29 1802 Long Hill Road Old Town Hall 148 14 Elm Street Elm Street School 151 6 Central Avenue Old Library 85 26 264 Mercer Street Police Headquarters 219 9 New Vernon Road Meyersville Fields 124 121 13 1 1891 Long Hill Road Millington Fire Company 91 12, 14 321 Somerset Street Stirling Fire Company 30 9 949 Valley Road Long Hill Township First Aid Squad 152 153 154 1 23 20 55 Maple Avenue Stirling Lake Section 3.  Section 122 entitled "Use Regulations" is supplemented and amended by adding a new §122.10 which reads as follows: 122.10  P, Public Use Zone Permitted Primary Uses: Public uses and facilities Parks and open space Child care centers Any other use, in the opinion of the approving authority, substantially similar to those identified in this subsection. Permitted Accessory Uses: Signs Parking facilities Fences and walls Enclosed trash and refuge storage Satellite earth station antennas, in accordance with the provisions of §124.6. Other accessory uses customarily subordinate and incidental to a permitted primary use. Permitted Conditional Uses: Professional offices, in accordance with the definition of such uses found in Section 111 Public utilities" Institutional uses Section 4.  Section 125 entitled "Conditional Uses" is supplemented and amended by adding a new §125.5 which reads as follows: 125  CONDITIONAL USES 125.5  Professional Offices Professional offices shall be a permitted conditional use in the P Zone subject to the following conditions: Buffering:  A landscaped buffer shall be provided when the subject property abuts a residential use or zone in accordance with Section 156.1 and as follows: The minimum buffer width shall be 10' on property where the existing primary structure is preserved and adaptively reused. The minimum buffer width shall be 20' on properties where the existing primary structure is removed and a new primary structure is constructed.  Said buffer may be reduced by no greater than 50 percent when existing vegetation provides an adequate screen or a fence, wall or landscaped berm with a minimum height of 6' is provided.  Any reduction in buffer width is subject to Board approval. All off-street parking areas shall provide a 5' buffer around their perimeter to screen adjacent residential properties/zones and the street.  Said buffer may be reduced by no greater than 50 percent when existing vegetation provides an adequate screen or a fence, wall or landscaped buffer with a minimum height of 6' is provided. Any reduction in buffer width is subject to Board approval. Buffers shall incorporate existing vegetation, especially trees to the greatest extent possible. Parking:  Off-street parking shall be provided in accordance with Section 151 and the following: Off-street parking shall be provided in the rear and side yards only. No off-street parking shall be located within the required front yard setback and buffer area. Off-street parking areas shall be screened with a landscape buffer strip five (5') feet in width along their perimeter pursuant to subsection 125.5a1 above. Access to off-street parking areas shall be from higher order streets wherever possible. Building Design:  Existing buildings and new buildings and additions shall comply with the building design requirements of Section 152 and as follows: The preservation and adaptive reuse of existing buildings is encouraged. Alterations to existing buildings shall preserve and incorporate architecturally and historically significant exterior façades fronting on public streets into the overall design of the project.  The Township Historic Preservation Advisory Committee may advise the Board regarding the architectural and historical significance of facades and buildings where a question arises as to their preservation. New additions to, and accessory structures associated with, existing buildings shall complement the structures in architectural design, appearance, materials and color. Signs:  Ground and wall signs shall be permitted in accordance with Section 155.4.  The use of carved and sandblasted painted wood signs shall be required for all ground and wall signs and the design standards of Section 155.8 shall control. Accessory Structures/Mechanical Equipment:  All accessory structures such as trash dumpsters, refuse enclosures and mechanical equipment such as air conditioners shall be screened from the view of public streets and adjacent properties. Historical/Community Information Markers:  Professional offices shall incorporate historical or community information markers into their overall design in a publicly accessible and visible location.  Such markers shall contain information about the name of the building, date of construction, prior use and significance to the Township.  The Township Historic Preservation Advisory Committee may be consulted as to the appearance, content and location of such markers. Section 5.  The schedule of bulk regulations incorporated by reference in section 131 "Schedule of Bulk Regulations" in section 130 entitled "Bulk and Supplemental Regulations" is supplemented and amended by adding the following entries for the P-Public Use Zone: "SECTION 130  BULK AND SUPPLEMENTAL REGULATIONS 131  SCHEDULE OF BULK REGULATIONS    P Zone Minimum lot area: 15,000 sq. ft. Minimum lot width: 100' Minimum floor area: 1,000 sq. ft. Maximum building height: 2½ stories/35' Minimum front yard setback: 25' Minimum rear yard and setback: 25' Minimum side yard setback: 10' Maximum building coverage: N/A Maximum lot coverage: 60% Maximum F.A.R.: .40 Section 6.  Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 7.  In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 8.  This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, April 24, 2002 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday May 22 June 12, 2002 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL ORDINANCE #106-02 AN ORDINANCE INCREASING SEWER USE FEES AND AMENDING CHAPTER 22 OF THE TOWNSHIP CODE BE IT ORDAINED by the Township Committee of the Township of Long Hill, in the County of Morris, State of New Jersey as follows: Section 1. Subsection "a" of Section 22-23 "User Rates" in Chapter 22 of the Township Code entitled "Sewer Use Charges" is hereby amended in its entirety by increasing the charges an average of 3.1 percent as follows: Sewer users served by the water company shall be charged as follows: Water Used (cubic feet) - Rate First 5,000 - $211.00 5,001 to 6,200 - $233.00 6,201 to 7,500 - $293.00 7,501 to 8,700 - $331.00 8,701 to 10,000 - $376.00 10,001 to 11,200 - $414.00 11,201 to 12,500 - $459.00 12,501 to 13,700 - $494.00 13,701 to 14,900 - $542.00 14,901 to 16,100 - $583.00 16,101 to 17,300 - $624.00 17,301 to 18,500 - $664.00 18,501 to 19,700 - $704.00 19,701 to 37,499 - $3.52 per hundred cubic feet 37,500 and over - $3.13 per hundred cubic feet Sewer users with wells 1. Sewer users with wells shall be charged as follows: (a) Residential Units - $285 per unit (b) Other Sewer Users - $307 per unit Section 2. This ordinance shall take effect immediately and shall remain in full force and effect until revised by ordinance duly adopted by the Township Committee. NOTICE The foregoing Ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, April 24, 2002 and then considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on May 22, 2002 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey, when and where or at any such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance,

TOWNSHIP OF LONG HILL ORDINANCE #107-02 AN ORDINANCE REQUIRING A SUMP PUMP INSPECTION AND CERTIFICATION PRIOR TO THE RESALE OR CHANGE IN OCCUPANCY OF ANY BUILDING IN THE TOWNSHIP AND SUPPLEMENTING AND AMENDING CHAPTER XXII OF THE TOWNSHIP CODE ENTITLED "SEWERS" WHEREAS, the committed flow to the Township waste water treatment plant exceeds 80% of the permitted flow of 900,000 gallons per day; and WHEREAS, NJDEP regulations provide in relevant part that: "Whenever the committed flow reaches or exceeds 80% of the permitted capacity of a treatment works, the [municipality] shall submit to [DEP] a program to be implemented in order to prevent an overloading of their facility or a violation of their NJPDES permit. This program shall include, but is not limited to, the following: . . . . 2. Reduction of inflow and infiltration (I&I) where appropriate. . . . . . . . 5. Disconnection of roof leaders, sump pumps and other sources of inflow, from sanitary sewer lines and connect into storm sewer lines where storm sewers are available and to the extent feasible. . . ." (N.J.A.C. 7:14A-22.16(a)); and WHEREAS, the Township has previously instituted a manhole rehabilitation program; and WHEREAS, additional steps are needed to reduce inflow and infiltration into the Township sanitary sewer system; and WHEREAS, the Township Committee has determined that it can further reduce I&I by requiring a sump pump inspection and certification upon the resale or change in occupancy of all residential and nonresidential properties in the Township; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that Chapter XXII of the Township Code entitled "Sewers" is hereby supplemented and amended as follows: Section 1. Section 22:13 entitled "Regulations for Use of the Public Sewers" is supplemented and amended by adding a new subsection 22:13.1a entitled "Sump Pumps" which reads as follows: 22:13.1a Sump Pumps. No sump pump or other device which discharges drainage resulting from rainwater, springs, wells or other ground water shall be connected to the Township sanitary sewer system. Section 2. There is hereby created a new §22:16 which shall be entitled "Sump Pump Inspections and Certificates" and which reads as follows: 22:16 SUMP PUMP INSPECTIONS AND CERTIFICATES. 22:16-1 Sump Pump Inspection and Certificate Required. No owner shall sell, lease or otherwise permit occupancy for residential or nonresidential purposes of any building in the Township without first obtaining from the Township Public Works Manager or his designee a certificate stating that no sump pump or other device which discharges drainage resulting from rainwater, springs, wells or other ground water is connected to the sanitary sewer system in violation of §§22:13.1 and 22:13.1a of this Chapter. No purchaser shall purchase property unless the seller has obtained the required certificate of sump pump compliance prior to closing and no tenant or lessee shall occupy premises unless the owner or landlord has obtained the required certificate of sump pump compliance prior to such occupancy. 22:16.2 Application for Certificate: Procedures: Fee. Certificates of sump pump compliance shall be issued in accordance with the following procedures:   A. Application; Fee. Applications for certificates of sump pump compliance shall be filed with the Township Public Works Manager by the seller of the property or the landlord as the case may be at least ten (10) days prior to the change in ownership and/or occupancy. Applications shall be submitted on the form supplied by the Township Public Works Manager and shall be accompanied by a fee in the amount of $50. B. Inspection. 1. Upon receipt of a completed application, the Township Public Works Manager or his designee shall, conduct an inspection of the property to determine compliance with the standards set forth in §§22:13-1 and 22:13.1a of this Chapter. 2. If a violation is discovered during the inspection, the property owner shall be mailed a notice within three (3) business days of the inspection which shall clearly describe the violation and the remedial action needed for compliance. 22:13.3 Violations and Penalties. Any person who fails to obtain a certificate of sump pump compliance as required by this Chapter shall upon conviction be liable to the penalties stated in §1-5 of this Code. Section 3. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 4. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 5. This ordinance shall take effect on September 1, 2002. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, June 12, 2002 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, July 10, 2002 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

TOWNSHIP OF LONG HILL ORDINANCE #108-02 AN ORDINANCE CONCERNING INSPECTION OF PUBLIC RECORDS AND ESTABLISHING FEES FOR COPIES OF PUBLIC RECORDS AND SUPPLEMENTING AND AMENDING ARTICLE VIII OF CHAPTER II OF THE TOWNSHIP CODE ENTITLED "ADMINISTRATIVE PROCEDURES AND POLICIES" WHEREAS, the legislature recently adopted a new public records law (P.L. 2001, c. 404) that will become effective on July 8, 2002; and WHEREAS, the statute provides that: "A copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation, or if a fee is not prescribed by law or regulation, upon payment of the actual cost of duplicating the record. Except as otherwise provided by law or regulation, the fee assessed for the duplication of the government record embodied in the form of printed matter shall not exceed the following: first page to tenth page, $.75 per page; eleventh page to twentieth page, $.50 per page; all pages over twenty, $.25 per page. The actual cost of duplicating the record shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided for in § c of this section. If a public agency can demonstrate that its actual costs for duplication of a government record exceed the foregoing rates, the public agency shall be permitted to charge the actual cost of duplicating the record. N.J.S.A. 47:1A-5b"; and WHEREAS, the statute goes on to provide that: "Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the public agency may charge, in addition to the actual cost of duplicating the record, a special service charge that shall be reasonable and shall be based upon the actual direct cost of providing the copy or copies; provided, however, then in the case of a municipality, rates for the duplication of particular records when the actual cost of copying exceeds the foregoing rates shall be established in advance by ordinance. The requestor shall have the opportunity to review and object to the charge prior to its being incurred. N.J.S.A. 47:1A-5c. A custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains the record in that medium. If the public agency does not maintain the record in the medium requested, the custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record: (1) in a medium not routinely used by the agency; (2) not routinely developed or maintained by an agency; or (3) requiring a substantial amount of manipulation or programming of information technology, the agency may charge in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based on the cost for any extensive use of information technology or for the labor cost of personnel providing the service, that is actually incurred by the agency or attributable to the agency for the programming, clerical and supervisory assistance required, or both. N.J.S.A. 47:1A-5d."; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Long Hill in the County of Morris, New Jersey that Article VIII of Chapter II of the Township Code entitled "Administrative Procedures and Policies" is hereby amended as follows: Section 1. There is hereby created a new §2-59 entitled "Inspecting and Copying Public Records; Fees" to read as follows: "2-59 INSPECTING AND COPYING PUBLIC RECORDS; FEES. 2-59.1 Access to Township Records for Inspection, Copying or Examination. All Township records shall be readily accessible for inspection, copying or examination in accordance with the New Jersey Public Records Law, N.J.S.A. 47:1A-1 et seq., as supplemented and amended. 2-59.2 Custodian of Records. In accordance with the provisions of N.J.S.A. 47:1A-1.1, the Township Clerk is hereby designated as the "custodian of records." Because police records are maintained at Police Headquarters and because of other practical difficulties, the Chief of Police is hereby designated as the "deputy custodian of records for police department records." In accordance with state law, the Township Clerk shall remain ultimately responsible for all public records including police records and the Chief of Police shall provide the Township Clerk with all documentation, including but not limited to copies of request forms and request logs, that the Clerk needs to comply with state law. 2-59.3 Fees. A copy or copies of Township records may be purchased by any person upon payment of the following fees:   Photocopying - the fee assessed for the duplication of a Township record on Township photocopy machines on letter (8½" x 11") or legal (8½" x 14") paper shall be as follows: First page to tenth page: $.75 per page Eleventh page to twentieth page: $.50 per page All pages over twenty: $.25 per page If in a particular case, the Township's actual costs of duplication exceed the foregoing rates, the requestor shall pay the Township the actual cost of duplication.   Copies of records in different media whenever the nature, format, manner or collation, or volume of a Township record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the Township Clerk may charge, in addition to the actual cost of duplicating the record, a special service charge that shall be based upon the actual direct cost of providing the copy or copies plus an administrative charge of 25%. In such cases, the requestor shall have the opportunity to review and object to the charge prior to its being incurred.   If a request is for a record: (1) in a medium not routinely used by the Township; (2) not routinely developed or maintained by the Township; or (3) requiring a substantial amount of manipulation or programming of information technology, the Township Clerk may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and based on the cost for any extensive use of information technology or for the labor cost of personnel providing the service, that is actually incurred by the Township or attributable to the Township for the programming, clerical, and supervisory assistance required, or both.   In addition to the fees set forth above, there shall be an administrative fee for supervisory and/or clerical personnel necessary to search requested public records which cannot be readily searched by members of the public: Supervisory $30 an hour Clerical $25 an hour Section 2. Any and all other ordinances or resolutions or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This ordinance shall take effect immediately upon final passage and publication as required by law. NOTICE The foregoing ordinance having been introduced and passed on first reading by the Township Committee of the Township of Long Hill, in the County of Morris on Wednesday, June 26, 2002 will be considered for final passage and adoption at a public hearing held at a meeting beginning at 7:30 p.m. on Wednesday, July 24, 2002 August 28, 2002 at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance.

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