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PUBLIC MEETING – Wednesday, October 22, 2008 at 8:00 p.m.
There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, October 22, 2008, at 8:00 p.m. in the Council Chambers of the Municipal Building.
Agenda: (May be subject to change)
1. CALL TO ORDER /ROLL CALL
This meeting is called pursuant to the provisions of the Open Public Meeting Law. This Meeting was included in a list of meeting notices sent to the Bergen Record and advertised in said newspaper in January, posted on the bulletin board in the Municipal Building, and has remained continuously posted as the required notices under the Statue. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.
In accordance with the New Jersey State Fire & Safety Code I call your attention to the lighted exit signs. In the event the alarm sounds, move in an orderly manner toward the exit nearest you and leave the building.
Council Member Knapp – present
Council Member O’Hagan – present
Council Member Pazan – present
Council Member Arnao – present
Council Member Orseck – present
Council Member Surrago - absent
J. van Keuren, Mayor - present
L. Benjamin, Borough Admin. - present
J. Scalia, Borough Clerk - present
R. Garibaldi, Borough Attorney – present
2. FLAG SALUTE/ANNOUNCEMENTS
Council member Arnao led the Council in the flag salute
3. CONSENT AGENDA
All items listed are considered to be routine and non-controversial by the Borough Council and will be approved by one motion. There will be no separate discussion on these items unless a Council member(s) so request it, in which case the item(s) will be removed from the Consent Agenda and considered in its normal sequence on the agenda. The one motion signifies adoption of all resolutions, received and filed letters, correspondence, reports and approval of applications and minutes.
Resolutions:
1. Resolution for Approval of Minutes 10/6/08
Resolution No. 207-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
BE IT RESOLVED, that the Minutes of:
Meeting of October 6, 2008
Be accepted as submitted.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck – yes
Council Member Surrago - absent
2. Resolution for Payment of Bills
Resolution No. 208-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
BE IT RESOLVED, that the following bills of the Borough of Glen Rock be paid in the amount of $944,167.80.
Payroll
$ 495,197.08
James A. Fox, ESQ
13,439.39
Capital Fund
11,633.00
Ridgewood Water
22,887.97
P.S.E.&G.
66,883.14
Cty. Of Bergen
36,787.16
Northwest Bergen
62,423.60
Burton Agency
13,668.00
Rachles/Michele’s
10,425.58
Winner Ford
43,314.00
Misc.
75,135.35
Subtotal
$ 851,794.27
Capital
92,373.53
Total Payment of Bills $ 944,167.80
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan – yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago - absent
3. Resolution Establishing a Petty Cash Fund (Clerk’s Office)
Resolution No. 209-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
____________________________________________________________________________
Resolution: Establishing a New Petty Cash Fund
WHEREAS, NJSA 4OA:5-21 authorizes the establishment of a Petty Cash Fund in any county or municipality by application and resolution, and,
WHEREAS, it is the desire of the Borough of Glen Rock, County of Bergen to establish such a fund for the Borough Clerk in the amount of $100.00
WHEREAS, the custodian for this fund is Paula Fleming, who is bonded for the amount of $1,000.00; such custodian shall maintain records for this fund in a manner conductive to proper accounting and auditing procedures;
NOW THEREFORE BE IT RESOLVED, that the Borough Council of the Borough of Glen Rock, County of Bergen hereby authorizes such action and that two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
4. Resolution Establishing a Petty Cash Fund (DPW)
Resolution No. 210-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
____________________________________________________________________________
Resolution: Establishing a New Petty Cash Fund
WHEREAS, NJSA 4OA:5-21 authorizes the establishment of a Petty Cash Fund in any county or municipality by application and resolution, and,
WHEREAS, it is the desire of the Borough of Glen Rock, County of Bergen to establish such a fund for the Department of Public Works in the amount of $100.00
WHEREAS, the custodian for this fund is Richard Witkowski, who is bonded for the amount of $1,000.00; such custodian shall maintain records for this fund in a manner conductive to proper accounting and auditing procedures;
NOW THEREFORE BE IT RESOLVED, that the Borough Council of the Borough of Glen Rock, County of Bergen hereby authorizes such action and that two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
5. Resolution Establishing a Petty Cash Fund (Library)
Resolution No. 211-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
____________________________________________________________________________
Resolution: Establishing a New Petty Cash Fund
WHEREAS, NJSA 4OA:5-21 authorizes the establishment of a Petty Cash Fund in any county or municipality by application and resolution, and,
WHEREAS, it is the desire of the Borough of Glen Rock, County of Bergen to establish such a fund for the Free Public Library in the amount of $100.00
WHEREAS, the custodian for this fund is Cathy Vedder, who is bonded for the amount of $1,000.00; such custodian shall maintain records for this fund in a manner conductive to proper accounting and auditing procedures;
NOW THEREFORE BE IT RESOLVED, that the Borough Council of the Borough of Glen Rock, County of Bergen hereby authorizes such action and that two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
6. Resolution Awarding Bid to Beyer Bros. for Purchase of Police Vehicle
Resolution No. 212-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
RESOLUTION AWARDING BID FOR A POLICE OPERATIONS VEHICLE
WHEREAS, the Borough of Glen Rock received bids on October 7, 2008 for the purchase of a Police Operations Vehicle, and the lowest responsible bid was received from Beyer Brothers Corp. of Fairview, New Jersey, a piece of equipment budgeted in the 2008capital budget; and
WHEREAS, the Chief of Police has recommended the low bid, for a total of $52,741.00 with the trade in of our 1998 GMC Pick-Up with Utility Body valued amount $7,200.00; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the bid for a new Police Operations Vehicle is hereby awarded to Beyer Brothers Corp. for an amount not to exceed $45,541.00., subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago - absent
7. Resolution Supporting Assembly Bill 1222 –Read Separately
8. Resolution Authorizing Assessment Reduction (B 91 L13)
Resolution No. 213-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
RESOLUTION TO AUTHORIZE ASSESSMENT REDUCTION
WHEREAS, it has been determined by the Tax Assessor that the property located at 144 Boulevard, Block 91 Lot 13 filed a tax appeal in 2007 and withdrew this appeal based on the assessor changing the assessment for 2008 from $690,000.00 to $645,200.00 and;
WHEREAS, apparently the assessment was not revised in time for the 2008 tax list which remained at the previous figure;
NOW, THEREFORE, I, Steven Rubenstein, MAI, Tax Assessor, am requesting that the Tax Collector be authorized to refund the portion of 2008 taxes which represent the difference in assessments with that figure amounting to $1,036.22 and,
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Tax Collector and Finance Officer.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
9. Resolution Authorizing Refund of Excess Taxes (B 244 L 7)
Resolution No. 214-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
RESOLUTION TO AUTHORIZE REFUND EXCESS TAXES
WHEREAS, due to an ownership change at 45 De Young Road, Block 244 Lot 7, this property received an added assessment in 2007 reflecting its removal from the exempt property tax list and placement on the taxable list and;
WHEREAS, the tax assessor office incremented the added assessment incorrectly for the 2008 tax year resulting in an assessed value which is double the correct amount so;
BE IT RESOLVED, the Tax Collector should refund the excess taxes paid in the third and fourth quarter in the amount of $2,603.53 for 2008 year, as well as adjust the amount due for the 2009 first and second quarter tax bill.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
10. Resolution Awarding Leaf Disposal Bid (RVH Mulch Supply)
Resolution No. 215-08
Offered by Council Member Knapp
Seconded by Council Member Orseck
RESOLUTION AWARDING BID FOR A LEAF TRANSPORT AND DISPOSAL
WHEREAS, the Borough of Glen Rock received bids on October 21, 2008 for the Transport and Disposal of Leaves, and the lowest responsible bid was received from RVH Mulch Supply LLC, of Wyckoff, New Jersey, a item that has been budgeted in the 2008 budget; and
WHEREAS, the Director of Public Works has recommended the low bid price of $7.25 per cubic yard, for the transport and disposal of leaves; now therefore
BE IT RESOLVED, by the Borough Council of Glen Rock, that the bid for Leaf Transport and Disposal is hereby awarded to RVH Mulch Supply for an amount not to exceed $125,000.00 subject to certification of funds by the CFO.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
7. Resolution Supporting Assembly Bill 1222
Resolution No. 216-08
Offered by Council Member Pazan
Seconded by Council Member O’Hagan
RESOLUTION SUPPORTING ASSEMBLY BILL No. 1222
WHEREAS, the Borough of Glen Rock has been alerted to the possible passage of Assembly Bill No. 1222 a pending “Homestead School Property Tax Reimbursement Program” for senior 65 years and older; and
WHEREAS, the Borough of Glen Rock supports this Assembly Bill No. 1222 which would reduce the school property tax burden on senior residents 65 years or older by 50%, and
WHEREAS, the bill provides a reimbursement for property taxes paid to eligible residents from the Casino Revenue Fund, and
WHEREAS, the Director of the Division of Taxation in the Department of Treasury will be responsible for promulgating the application forms for the reimbursement and issuing the rules and regulations; now therefore
BE IT RESOLVED, by the Mayor and Council of Glen Rock, that the Borough of Glen Rock goes on record supporting this possible Homestead School Property Tax Reimbursement for seniors, and requests that copies of this resolution be sent to our legislative representatives Senator Girgenti, Assembly Members Pou and Evans, the New Jersey League of Municipalities and the other twelve municipalities in the Northwest Bergen Shared Services Program.
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
Motion to accept consent agenda by Council Member Knapp
Seconded by Council Member Orseck
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
4. MOTIONS
Departmental Reports
Council members O’Hagan (Safety) – Residents are reminded there will be extra patrol out on “Mischief Night” and a “no tolerance” policy will be in affect. Parents are encouraged to be aware of where their children are and what they are doing.
Council member Knapp (Building) – The Building report for September shows that permit updates are the same as they were last year for the same period. Our Bergen County Volunteer of the Year is Beth Fernandez and is being recognized for her Habitat for Humanity work as well as Water for Africa. The Library continues to have great attendance at their various programs. The Gallery at the Library is totally booked with local artists for 2009.
Council member Arnao (Licensing) – The Technology Committee continues to meet and work with the Board of Education regarding taping meetings.
Council member Orseck (Recreation) – The fields are being used and at capacity. Lacrosse enrollment has grown by the greatest numbers and has become very popular. The Arboretum continues to pursue the construction of an educational building on site. This week interviews will be conducted for a full-time Recreation Director. Council member Orseck thanked Council member O’Hagan for filling in as Field Monitor.
Council member Pazan (Finance) – Council member Pazan encouraged and urged residents to support our downtown businesses. Community involvement is needed in order for our local merchants to survive.
Motion to accept reports as filed:
Motion by Council Member O’Hagan
Seconded by Council Member Pazan
ROLL CALL:
Council Member Knapp – yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao – yes
Council Member Orseck - yes
Council Member Surrago - absent
5. ORDINANCES
Ordinance Procedure: 1577 (Pet Licensing)
Date of Introduction: October 22, 2008
Council Resolution # 217-08
Introduced by Council Member Arnao
Seconded by Council Member O’Hagan
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK 1971 AS AMENDED ENTITLED "FEES; BEING AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK: TO INCREASE THE FEES CHARGED FOR PET LICENSING
Heretofore introduced and does now pass on first reading, and that said Ordinance be further considered for final passage at a meeting to be held on November 12, 2008 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all person interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage,
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago - absent
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1577
AN ORDINANCE TO AMEND CHAPTER 101 OF THE
REVISED GENERAL ORDINANCES OF THE BOROUGH
OF GLEN ROCK 1971 AS AMENDED ENTITLED "FEES; BEING
AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES,
BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK:
TO INCREASE THE FEES CHARGED FOR PET LICENSING
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I Chapter 101 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Fees" is hereby amended as follows:
1. Section 101.7 “Pet Licensing Fees”, is amended as to the following subsections only:
“A. Dog/cat spayed (neutered): $20.00
B. Dog/cat not spayed (neutered): $15.00”
Section II. VALIDITY SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law.
***************
Ordinance Procedure: 1578 (Raising funds for COAH obligations – Developmental Fees)
Date of Introduction: October 22, 2008
Council Resolution # 219-08
Introduced by Council Member Orseck
Seconded by Council Member Pazan
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 101 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES" BEING AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK: TO ESTABLISH A DEVELOPMENT FEE PERTAININGTO THE COUNCIL ON AFFORDABLE HOUSING
Heretofore introduced and does now pass on first reading, and that said Ordinance be further considered for final passage at a meeting to be held on November 12, 2008 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all person interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage,
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member Pazan – yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago - absent
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1578
AN ORDINANCE TO AMEND CHAPTER 101 OF THE
REVISED GENERAL ORDINANCES OF THE BOROUGH
OF GLEN ROCK - 1971 AS AMENDED ENTITLED "FEES" BEING
AN ORDINANCE COVERING FEES CHARGED BY VARIOUS AGENCIES, BUREAUS AND DEPARTMENTS WITHIN THE BOROUGH OF GLEN ROCK:
TO ESTABLISH A DEVELOPMENT FEE PERTAINING
TO THE COUNCIL ON AFFORDABLE HOUSING
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I - Chapter 101 of the Revised General Ordinances of the Borough of Glen Rock 1971 as amended being an Ordinance entitled "Fees" is hereby amended as follows:
A. There is added thereto a new Section 101-20 entitled “Development Fees” to read as follows:
101-20. Development Fee.
A. Purpose.
a) In Holmdel Builder’s Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing’s (COAH’s) adoption of rules.
b) Pursuant to P.L.2008, c.46 section 8 ©. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act ©. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from non-residential development.
c) This ordinance establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH’s regulations and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This ordinance shall be interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C. 5:97-8.
B. Basic Requirements.
a) This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
b) The Borough of Glen Rock shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. Definitions.
The following terms, as used in this ordinance, shall have the following meanings:
I. “Affordable housing development” means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
ii. “COAH” or the “Council” means the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
iii. Development Fee” means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
iv. “Developer” means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
v. “Equalized assessed value” means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
vi. “Green building strategies” means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D. Residential Development Fees.
a) Imposed fees.
I. Within all of the residential zoning district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of one (1%) percent of the equalized assessed value for residential development provided no increased density is permitted.
ii. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a “d” variance) has been permitted, developers may be required to pay a development fee of six (6%) percent of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal one percent of the equalized assessed value on the first two units; and the specified higher percentage up to six percent of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
b) Eligible exactions, ineligible exactions and exemptions for residential development.
I. Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
ii. Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
iii. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
E. Non-residential Development Fees.
a. Imposed fees.
I. Within all zoning districts, non-residential developers, shall pay a fee equal to two and one-half (2.5%) percent of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
ii. Non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
iii. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
b. Eligible Exactions, Ineligible Exactions and Exemptions for Non-Residential Development.
I. The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the two and a half (2.5%) percent development fee, unless otherwise exempted below.
ii. The 2.5 percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
iii. Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to P.L.2008, c.46, as specified in the Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” Form. Any exemption claimed by a developer shall be substantiated by that developer.
iv. A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
iv. If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Borough of Glen Rock as a lien against the real property of the owner.
F. Collection Procedures.
I. Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
ii. For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” to be completed as per the instructions provided. The Developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
iii. The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
iv. Within ninety (90) days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
v. The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
vi. Within ten (10) business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
vii. Should the Borough of Glen Rock fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
viii. The developer shall pay 100 percent of the calculated development fee amount prior to the municipal issuance of a final certificate of occupancy for the subject property.
G) Appeal of Development Fees.
I. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Borough of Glen Rock. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
ii. A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Glen Rock. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
H. Affordable Housing Trust Fund.
a) There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer or Deputy Chief Financial Officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
b) The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1. Payments in lieu of on-site construction of affordable units;
2. Developer contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. Rental income from municipally operated units;
4. Repayments from affordable housing program loans;
5. Recapture funds;
6. Proceeds from the sale of affordable units; and
7. Any other funds collected in connection with [insert municipal name]’s affordable housing program.
c) Within seven (7) days from the opening of the trust fund account, the Borough of Glen Rock shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
d) All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
I. Use of Funds.
a) The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Borough of Glen Rock’s fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing non-residential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
b) Funds shall not be expended to reimburse the Borough of Glen Rock for past housing activities.
c) At least thirty (30) percent of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning thirty (30) percent or less of median income by region.
i. Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.
ii. Affordability assistance to households earning thirty (30) percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning thirty (30) percent or less of median income. The use of development fees in this manner shall entitle the Borough of Glen Rock to bonus credits pursuant to N.J.A.C. 5:97-3.7.
iii. Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
d) The Borough of Glen Rock may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
e) No more than 20 percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH’s monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council’s regulations and/or action are not eligible uses of the affordable housing trust fund.
J. Monitoring.
a) The Borough of Glen Rock shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough of Glen Rock’s housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
K. Ongoing Collection of Fees.
a) The ability for the Borough of Glen Rock to impose, collect and expend development fees shall expire with its substantive certification unless the Borough of Glen Rock has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH’s approval of its development fee ordinance. If the Borough of Glen Rock fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320). The Borough of Glen Rock shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Borough of Glen Rock retroactively impose a development fee on such a development. The Borough of Glen Rock shall not expend development fees after the expiration of its substantive certification or judgment of compliance.”
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law and upon receipt of COAH approval.
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Ordinance Procedure: 1579 (COAH Developmental Fees)
Date of Introduction: October 22, 2008
Council Resolution # 218-08
Introduced by Council Member Pazan
Seconded by Council Member Knapp
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 23 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF GLEN ROCK - 1971 AS AMENDED ENTITLED "LAND USE PROCEDURES" BEING AN ORDINANCE ESTABLISHING A PLANNING AND ZONING BOARD OF ADJUSTMENT WITHIN THE BOROUGH; TO ESTABLISH MANDATORY DEVELOPMENT FEES
Heretofore introduced and does now pass on first reading, and that said Ordinance be further considered for final passage at a meeting to be held on November 12, 2008 at 8:00 p.m., or as soon thereafter as the matter can be reached, at the Municipal Building in the Borough of Glen Rock, and that at such time and place all person interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance in the Bergen Record according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.
ROLL CALL:
Council Member Knapp - yes
Council Member O’Hagan - yes
Council Member Pazan - yes
Council Member Arnao - yes
Council Member Orseck - yes
Council Member Surrago – absent
BOROUGH OF GLEN ROCK
ORDINANCE NO. 1579
AN ORDINANCE TO AMEND CHAPTER 23 OF THE
REVISED GENERAL ORDINANCES OF THE BOROUGH
OF GLEN ROCK - 1971 AS AMENDED ENTITLED "LAND USE PROCEDURES" BEING AN ORDINANCE ESTABLISHING A PLANNING AND ZONING BOARD
OF ADJUSTMENT WITHIN THE BOROUGH; TO ESTABLISH MANDATORY DEVELOPMENT FEES
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I Chapter 23 of the Revised General Ordinance - entitled “Land Use
Procedures” be and is hereby amended as follows:
1. There is added thereto a new Section 23-39 entitled “Mandatory Development Fees” to read as follows:
“23-39. Mandatory Development Fees.
All site plans approved under the standards of this chapter shall be required to pay the mandatory development fee established pursuant to Chapter 101, Fees, of this Code.”
Section II. VALIDITY-SEVERABILITY If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be held invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Ordinance but such judgment shall be confined in its operation to the section, paragraph, subdivision or clause directly involved in the controversy in which said judgment shall have been rendered.
Section III All Ordinances or parts of Ordinances inconsistent with the provisions hereof are hereby repealed.
Section IV This Ordinance shall take effect upon passage as required by law.
6. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Jim Seaton – Ferndale Avenue – Mr. Seaton encouraged Glen Rock and Fair Lawn to put pressure on the County to repair Maple Avenue beginning at Route 208 and continuing to the river. Lenora Benjamin commented that the County is currently working on plans for repair of Maple Avenue. Mr. Seaton questioned why the roads (Borough) are not continually patched rather than repaired once they reach total disrepair.
Jeanne Rey – 153 Winslow Terrace – Mrs. Rey thanked the Council for the crossing light at Maple and Glen (with the seconds counting down until the changing of the light).
Bill Brown – 675 Lincoln Avenue – Mr. Brown thanked the Council for their endorsement of Assembly Bill 1222. Mr. Brown asked for clarification on various resolutions. Mr. Brown asked the status of the Ackerman case. Mr. Garibaldi replied that it is currently before the Appellate Division waiting for a date for the oral arguments.
Neil Finn – Doremus Avenue – Mr. Finn commented on a recent statement made by Council member Arnao striving for a 0% budget increase and commended the Council for trying to achieve this goal. Mr. Finn added he believes the Borough portion of the budget has always been down; however the problem arises with the Board of Education portion. Mr. Finn commented our school ranking throughout the State has steadily declined leading him to question if we are getting our monies worth. Mr. Finn encouraged more residents to get out and vote, especially since such a small number of voters are controlling such a large portion of our tax dollars.
Jeanne Rey – 153 Winslow Terrace – Mrs. Rey commented she believes the school budget has plenty of money “built in” just in case a budget is defeated.
Jim Seaton – Ferndale Avenue – Mr. Seaton commented he believes there is a tremendous amount of waste within the education system.
Lenora Benjamin announced that the Flu Clinic will be held on Monday, October 27th at the Glen Rock Jewish Center from 10:00 a.m. – 12:00 noon.
7. ADJOURNMENT
Motion to adjourn the meeting was made by Council member Knapp
Seconded by Council member O’Hagan
Meeting adjourned at 8:50 p.m.
_____________________________
Jacqueline Scalia, Borough Clerk
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