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PUBLIC MEETING –Wednesday, November 8, 2006 at 8:00 p.m.
There will be a Public Meeting of the Mayor and Council of the Borough of Glen Rock on Wednesday, November 8, 2006, 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
Council Member Knapp – present
Council Member Jordan – present
Council Member Moore – present Council Member O’Hagan - present
Council Member McCullough – present Council Member Pazan – present
J. van Keuren, Mayor - present L. Benjamin, Borough Admin. - present
J. Scalia, Clerk - absent R. Garibaldi, Borough Attorney – present
2. FLAG SALUTE/ANNOUNCEMENTS
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. Do not use the lift.
Council member Jordan led the Council in the flag salute.
Mayor van Keuren acknowledged Council member-elect Joan Orseck who was in the audience.
At this point, Council member O’Hagan read a resolution appointing Jennie Mayer to the Board of Health.
Resolution No. #203-06
Offered by Council Member O’Hagan
Seconded by Council Member Knapp
COMMUNICATION FROM THE MAYOR
Ladies and Gentlemen of the Council:
With your advice and consent I hereby make the following statutory appointment to the various Boards of the Borough of Glen Rock.
BOARD OF HEALTH 7 member board 3 year term
Members of the Board
Jennie Mayer 11/08/06 to 12/31/2008
ROLL CALL:
Council Member Knapp – yes Council Member Jordan - yes
Council Member Moore – yes Council Member O’Hagan – yes
Council Member Mc McCullough – yes Council Member Pazan - yes
Mayor van Keuren, with the assistance of Council member Knapp, swore in Jennie Mayer.
Council member Knapp read the following proclamation:
PROCLAMATION
Whereas the month of November is Lung Cancer Awareness Month, and
Whereas lung cancer is not just a smokers disease but can be caused by second-hand smoke, industrial substances and air pollution to name a few other causes, and
Whereas the Lung Cancer Circle of Hope, a state-wide organization, is committed to educating communities about lung cancer through educational programs, and promoting research into lung cancer and its treatment,
Now, therefore, be it known that the Mayor and Council of Glen Rock support the Circle of Hope in its quest to replace the myths surrounding lung cancer with an understanding of its symptoms, its detection and its treatment.
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 and adoption of all resolutions, receive and file letters, correspondence, reports and approval of applications and minutes.
Resolutions:
1. Resolution for Approval of Minutes 10/25/06
Resolution No. 200-06
Offered by Council Member McCullough
Seconded by Council Member Pazan
BE IT RESOLVED, that the Minutes of:
Meetings of October 25, 2006
Be accepted as submitted.
ROLL CALL:
Council Member Knapp – yes Council Member Jordan – abstain
Council Member Moore – yes Council Member O’Hagan – yes
Council Member Mc Cullough – yes Council Member Pazan – yes
2. Resolution for Liquor License Transfer Person to Person (GR Café)
Resolution No. 201-06
Offered by Council Member McCullough
Seconded by Council Member Pazan
______________________________________________________________________________
WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Consumption License Number 0222-33-010-001, heretofore issued to Sinibaldo Leone Jr. for premises located at 175 Rock Road, Glen Rock, New Jersey;
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term;
WHEREAS, the applicant is qualified to be licensed according to all standard established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33;
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business;
NOW, THEREFORE BE IT RESOLVED, that the Borough of Glen Rock does hereby approve, effective November 9, 2006, the transfer of the aforesaid Plenary Retail Consumption License to Glen Rock Café, Inc. and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows:
“This license, subject to all its terms and conditions, is hereby transferred to Glen Rock Café, Inc., effective November 9, 2006”.
ROLL CALL:
Council Member Knapp – yes
Council Member Jordan – yes
Council Member Moore – yes Council Member O’Hagan – yes
Council Member McCullough - yes Council Member Pazan - yes
3. Resolution Amending Hours for Part Time Employees to Receive Benefits
Resolution No. 202-06
Offered by Council Member McCullough
Seconded by Council Member Pazan
______________________________________________________________________________
A RESOLUTION TO AUTHORIZE A CHANGE IN THE AVERAGE NUMBER OF HOURS OF EMPLOYMENT PER WEEK REQUIRED FOR “FULL TIME” STATUS FOR PARTICIPATION IN THE NEW JERSEY STATE HEALTH BENEFITS PROGRAM (NJSHBP) IN ACCORDANCE WITH NJAC 17:9-4.6
BE IT RESOLVED:
1. The Borough of Glen Rock, County of Bergen - 0139, a participating employer in the NJSHBP, hereby designates 30+ hours per week (average) as the minimum requirement of the full-time status in accordance with NJAC 17:9-4.
2. This change in the number of hours of employment required for NJSHBP eligibility applies to:
Employees hired after October 25, 2006.
Current employees eligible for participation in the NJSHBP under the previous full-time hours of employer definition will be permitted to continue coverage in the Program. The new designation of minimum number of hours worked per week for full-time status as designated in section #1 will not apply to employees hired prior to the above date.
3. This resolution shall take effect immediately and the change in full time hours shall be effective as of October 26, 2006 or as soon thereafter as it may be effectuated pursuant to the statutes and regulations.
ROLL CALL:
Council Member Knapp – yes Council Member Jordan – yes
Council Member Moore – yes Council Member O’Hagan – yes
Council Member McCullough - yes Council Member Pazan - yes
4. Resolution Appointing Board of Health Member – Previously Read
Motion to accept consent agenda by Council Member McCullough
Seconded by Council Member Pazan
ROLL CALL:
Council Member Knapp – yes Council Member Jordan – yes
Council Member Moore – yes Council Member O’Hagan – yes
Council Member McCullough - yes Council Member Pazan - yes
4. ORDINANCES
Ordinance Procedure # 1540 (Municipal Housing Liaison Position)
Date of Introduction: November 8, 2006
Council Resolution# 204-06
Introduced by Council Member Moore
Seconded by Council Member Knapp
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE TO AMEND CHAPTER 4 OF THE CODE OF THE BOROUGH OF GLEN ROCK ENTITLED “ADMINISTRATION OF GOVERNMENT” TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING THE BOROUGH OF GLEN ROCK’S AFFORDABLE HOUSING PROGRAM PURSUANT TO THE FAIR HOUSING ACT.
Heretofore introduced and does now pass on first reading, and that the said Ordinance be further considered for final passage at a meeting to be held on November 20, 2006 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 persons 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 Jordan - yes
Council Member Moore – yes Council Member O’Hagan - yes
Council Member Mc Cullough – yes Council Member Pazan - yes
ORDINANCE NO. #1540
AN ORDINANCE TO AMEND CHAPTER 4 OF THE CODE OF THE BOROUGH OF GLEN ROCK ENTITLED “ADMINISTRATION OF GOVERNMENT” TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING THE BOROUGH OF GLEN ROCK’S AFFORDABLE HOUSING PROGRAM PURSUANT TO THE FAIR HOUSING ACT.
BE IT ORDAINED by the Governing Body of the Borough of Glen Rock in the County of Bergen and State of New Jersey that the following amendments be made to Chapter 4 of the Code of the Borough of Glen Rock as follows:
That a new Article XVI A entitled Municipal Housing Liaison be established as follows:
Section 4-58.1 Purpose.
The purpose of this article is to create the administrative mechanisms needed for the execution of the Borough of Glen Rock’s responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
Section 4-58.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL HOUSING LIAISON – The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Glen Rock.
ADMINISTRATIVE AGENT – The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Glen Rock to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Section 4-58.3 Establishment of Municipal Housing Liaison position and compensation; powers and duties.
A. Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Borough of Glen Rock.
B. Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.
C. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Glen Rock, including the following responsibilities which may not be contracted out:
(1) Serving as the Borough of Glen Rock’s primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
(2) Monitoring the status of all restricted units in the Borough of Glen Rock’s Fair Share Plan;
(3) Compiling, verifying, and submitting annual reports as required by COAH;
(4) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;
(5) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(6) If applicable, serving as the Administrative Agent for some or all of the restricted units in the Borough of Glen Rock as described in F. below.
D. Subject to approval by COAH, the Borough of Glen Rock may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of the Borough of Glen Rock. If the Borough of Glen Rock contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
E. Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.
F. Administrative powers and duties assigned to the Municipal Housing Liaison.
(1) Affirmative Marketing
(a) Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Glen Rock and the provisions of N.J.A.C. 5:80-26.15; and
(b) Providing counseling or contracting to provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(2) Household Certification
(a) Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c) Providing written notification to each applicant as to the determination of eligibility or non-eligibility;
(d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et. seq.;
(e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) Employing the random selection process as provided in the Affirmative Marketing Plan of the Borough of Glen Rock when referring households for certification to affordable units.
(3) Affordability Controls
(a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county’s register of deeds or county clerk’s office after the termination of the affordability controls for each restricted unit;
(d) Communicating with lenders regarding foreclosures; and
(e) Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4) Resale and rental
(a) Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and
(b) Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
(5) Processing request from unit owners
(a) Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(b) Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and
(c) Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(6) Enforcement
(a) Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
(c) The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made;
(d) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f) Establishing a rent-to-equity program;
(g) Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(h) Providing annual reports to COAH as required.
(7) The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
Section 4-58.4 Severability.
If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this Ordinance, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.
Section 4-58.5 Inconsistent Ordinances Repealed.
All ordinances or parts of ordinances which are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of such inconsistencies.
Section 4-58.6 Effective Date.
This Ordinance shall take effect immediately upon final adoption and publication in the manner prescribed by law.
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Ordinance Procedure # 1541 (Growth Share Section)
Date of Introduction: November 8, 2006
Council Resolution# 205-06
Introduced by Council Member Knapp
Seconded by Council Member Pazan
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE ADDING A GROWTH SHARE SECTION TO THE LAND DEVELOPMENT ORDINANCE
Heretofore introduced and does now pass on first reading, and that the said Ordinance be further considered for final passage at a meeting to be held on November 20, 2006 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 persons 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 Jordan - yes
Council Member Moore - yes Council Member O’Hagan - yes
Council Member Mc Cullough – yes Council Member Pazan - yes
ORDINANCE # 1541
AN ORDINANCE ADDING A GROWTH SHARE SECTION
TO THE LAND DEVELOPMENT ORDINANCE
WHEREAS, the New Jersey Council on Affordable Housing adopted Third Round Regulations in December of 2004, which added a requirement for municipalities to comply with “Growth Share.” To address the Growth Share component of the COAH’s Third Round Regulations, the Borough of Glen Rock’s Borough Council desires to adopt this Ordinance which imposes Growth Share requirements consistent with the COAH regulations on residential and non-residential developments within the Borough.
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I. – Chapter 230 of the Revised General Ordinances of the Borough of Glen Rock 1971, as amended, being and Ordinance entitled “Zoning” is hereby amended as follows:
ARTICLE XXV
AFFORDABLE HOUSING
§ 230-116. GROWTH SHARE ORDINANCE
§ 230-116.1. Applicability.
The provisions of this Section shall apply to all development activity that creates any growth share obligation for Glen Rock Borough as determined by the regulations of the New Jersey Council on Affordable Housing in N.J.A.C. 5:94, regardless of whether the development requires approval by the Planning Board or Board of Adjustment, except as expressly exempted herein.
§ 230-116.2. Exemptions.
The provisions of this section shall not apply to development activity that does not create any growth share obligation for Glen Rock Borough as determined by the regulations of the New Jersey Council on Affordable Housing in N.J.A.C. 5:94. Exempt development activity includes, but is not necessarily limited to, the following.
A. Residential renovations and addition.
B. Replacement of residences that do not result in a net increase in the number of dwelling units.
C. Nonresidential renovations and improvements that do not result in any increase in building floor area or involve a change in use that creates a growth share obligation as determined under § 230-116.4.
D. Development for which certificates of occupancy have been issued prior to the effective date hereof. However, if certificates of occupancy have been issued for part of a development prior to such effective date, then the growth share affordable housing requirement shall be calculated and imposed based on the number of certificates of occupancy issued after the effective date, unless the development is otherwise exempted herein.
E. Any development undertaken pursuant to and consistent with a Mt. Laurel Development Agreement or Redevelopment Agreement entered into with the Borough of Glen Rock unless specifically provided for to the contrary therein.
§ 230-116.3. Affordable Units Required for Residential Developments.
All new residential development shall be subject to the growth share affordable housing requirement based on the net increase in the number of dwelling units. Any dwelling unit demolished before January 1, 2004 shall not be considered in this calculation.
Except for residential "inclusionary" developments which are otherwise required by ordinance to have a set-aside of "low" and "moderate" income units, any applicant for a residential development in Glen Rock Borough that includes eight (8) or more residential lots and/or dwelling units shall be required to provide one affordable housing unit on site for every eight (8) market-rate units. For developments that result in a number of market-rate residential units not evenly divisible by eight (8), the developer may make a payment in lieu of constructing the additional affordable unit pursuant to the requirements in § 230-116.5. All residential lots and/or dwelling units created from sub portions of an original tract of land during the time period between January 1, 2004 and December 31, 2014 shall be added together for the purposes of this ordinance provision, even if an individual subdivision and/or site plan created less than eight (8) residential lots and/or dwelling units.
§ 230-116.4. Affordable Units Required for Non-Residential Developments.
All non-residential development shall be subject to a growth share affordable housing requirement based on the net increase in square footage. Any building floor area demolished before January 1, 2004 shall not apply to the net calculation.
Any applicant for a non-residential development in Glen Rock Borough that includes the creation of new jobs shall be required to provide the number of affordable housing units equivalent to one (1) affordable housing unit for every twenty-five (25) new jobs created by the development. For developments that result in a number of jobs not evenly divisible by 25, the developer may make a payment in lieu of constructing an additional affordable unit pursuant to the requirements in § 230-116.5. In accordance with the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH) the calculation of the number of new jobs shall be in accordance with "Appendix E" to COAH's "Substantive Rules" (N.J.A.C. 5:94-1, et seq.), which is entitled "UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share.
§ 230-116.5. Cash Contribution.
A. For residential development which proposes less than eight (8) residential units or non-residential construction that calculates to less than 25 jobs, the developer shall be required to provide a cash contribution for each new housing unit or job. This cash contribution shall be based on a proportionate share of the cost to subsidize construction of one (1) affordable housing unit calculated in one or more pro-forma statements. These statements shall be developed by the Borough and shall be on file in the office of the Borough Clerk. The cash contributions may be subject to negotiation with the Borough based on the actual cost to buy down or subsidize one or more existing or planned market priced dwelling units and the actual cost of land.
B. For those developments proposing more than eight (8) residential units, or more than 25 jobs in non-residential construction, the developer shall be required to provide onsite production of affordable housing.
C. The cash contribution for residential development is presumptively the cost to subsidize the construction of an affordable unit. The Planning Board may from time to time adjust the presumptive amount based upon evidence supplied to the Board regarding market values.
§ 230-116.6. Alternative Methods of Compliance.
Except for major subdivision or site plan approvals involving eight (8) or more units or 25 or more jobs where onsite production of affordable housing units is required, and further provided the applicant obtains advanced written permission from the Glen Rock Borough Council, the applicant may choose to satisfy its affordable housing obligation calculated in accordance with Subsections 3 and 4 in accordance with one or more of the following alternatives as permitted by COAH's "Substantive Rules" as set forth below:
A. Onsite production of affordable housing units;
B. The purchase of an existing market rate dwelling unit within the municipality and its conversion to an affordably priced unit;
C. The purchase of an existing market rate dwelling unit within the municipality and its conversion to an "alternative living arrangement" facility (i.e., group home);
D. Participation in gut rehabilitation and/or buy down/write down or buy-down/rent down programs, and/or
E. Payment in accordance with § 230-116.5.
§ 230-116.7. Permission Required.
Applicant shall obtain written permission from the Borough Council endorsing the applicant's plan for satisfying the affordable housing obligation created by the proposed development which shall be submitted to the Planning Board at the time the application for development is submitted for review and approval and shall be considered a condition for the application being determined "complete."
§ 230-116.8. Other Design Considerations.
A. Permitted housing types for affordable units. More than one affordable unit may be on a building lot.
B. The affordable housing structures shall be consistent in size and architectural features with the neighborhood or as approved by the Planning Board.
§ 230-116.9. Construction of Affordable Units.
A. The residential units shall be constructed on a schedule in accordance with N.J.A.C. 5:94-4.4(f) of the COAH regulations:
Percentage of MarketRate Units Completed Minimum Percentage of Lowand Moderate Income Units Completed
25 0
25 plus 1 unit 10
50 50
75 75
90 100
Non-residential development shall be constructed based upon the same percentages above by substituting non-residential development for market rate units.
B. Affordable housing units being constructed on-site or off-site shall meet the requirements of the Glen Rock’s affordable housing ordinance, and shall be in conformance with COAH’s third round rules at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low/moderate income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.
C. To the greatest extent possible, affordable housing units being provided within inclusionary development shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of market-rate units.
§ 230-116.10. Affordable Housing Permitted Districts.
Growth share housing is a permitted use in every residential zone and a conditionally permitted use in the C-2 zone district to the extent that production of affordable housing units is mandated by this Ordinance. Mandatory onsite production of affordable units shall not increase the density permitted in any residential district. The applicant must satisfy the growth share requirements within the existing density.
Section II. – The Municipal Clerk is hereby directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all other entities thereto pursuant to the provisions of N.J.S.A. 40:55D-15. The Municipal Clerk is further directed to refer this Ordinance to the Glen Rock Planning Board, pursuant to N.J.S.A. 40:55D-64. Upon the adoption of this ordinance, after public hearing thereon, the Municipal Clerk is further directed to publish notice of the passage thereof and to file a copy of this ordinance, as finally adopted, with the Bergen County Planning Board, as required by N.J.S.A. 40:55D-16.
Section III. Severability – If any provision of this ordinance or the application of this ordinance to any person or circumstances is held invalid, the remainder of this ordinance shall not be affected and shall remain in full force and effect.
Section IV. Repealer – All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.
Section V. Effective Date – This ordinance shall take effect after publication and passage according to law.
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Ordinance Procedure # 1542 (Fair Share and Affirmative Marketing Section)
Date of Introduction: November 8, 2006
Council Resolution# 206-06
Introduced by Council Member McCullough
Seconded by Council Member O’Hagan
Be It Resolved by the Borough Council of the Borough of Glen Rock that AN ORDINANCE ADDING A FAIR SHARE AND AFFIRMATIVE MARKETING SECTION TO THE LAND DEVELOPMENT ORDINANCE
Heretofore introduced and does now pass on first reading, and that the said Ordinance be further considered for final passage at a meeting to be held on November 20, 2006 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 persons 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 Jordan - yes
Council Member Moore - yes Council Member O’Hagan - yes
Council Member Mc Cullough – yes Council Member Pazan - yes
ORDINANCE # 1542
AN ORDINANCE ADDING A FAIR SHARE AND
AFFIRMATIVE MARKETING SECTION TO THE
LAND DEVELOPMENT ORDINANCE
BE IT ORDAINED by the Borough Council, the Borough of Glen Rock, County of Bergen, State of New Jersey, as follows:
Section I. – Chapter 230 of the Revised General Ordinances of the Borough of Glen Rock 1971, as amended, being and Ordinance entitled “Zoning” is hereby amended as follows:
ARTICLE XXV
AFFORDABLE HOUSING
§ 230-117. FAIR SHARE ORDINANCE AND
AFFIRMATIVE MARKETING OF AFFORDABLE UNITS
§ 230-117.1. Fair Share Ordinance - Requirements for Affordable Housing Units.
All affordable housing units shall be subject to the requirements of the Land Use Ordinance that apply to comparable market-rate housing units of the same type in the same zone district. In addition, affordable housing units provided pursuant to this section shall be subject to the requirements set forth in Article XXV of this Chapter and the following:
A. All affordable units to be created shall be eligible for credit against the Borough’s affordable housing obligations and to that end shall comply with all applicable regulations of the New Jersey Council on Affordable Housing. No age-restricted affordable housing units and/or affordable sales units may be credited in excess of the number of such units permitted to be credited within the Borough by such regulations.
B. The developer, in cooperation with the Borough Council, shall:
(1) Demonstrate capacity to administer the units in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26;
(2) Demonstrate that the units will have a low/moderate income split in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26. For example, in each affordable development, at least 50 percent of the restricted units within each bedroom distribution shall be low-income units and the remainder may be moderate-income units. Where an odd number of affordable units are required to be provided, a majority of the units shall be low-income units;
(3) Demonstrate that the rents or sale prices of affordable units shall be established in accordance with N.J.A.C., 5:94-7 and with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26. For example:
(a) The maximum rent for affordable units within each affordable development shall be affordable to households earning no more than 60 percent of median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52 percent of median income. The developer and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 10 percent of all low-and moderate-income units shall be affordable to households, earning no more than 35 percent of median income;
(b) The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70 percent of median income. Each affordable development must achieve an affordability average of 55 percent for restricted ownership units. In achieving this, affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at lest two different prices for each bedroom type, insofar as is possible given the number of affordable units in the development;
(4) Demonstrate that the units will be affirmatively marketed in accordance with N.J.A.C. 5:94-7 and with the Uniform Affordability Controls, N.J.A.C. 5:80-26;
(5) Demonstrate that the units will have the appropriate controls on affordability in accordance with N.J.A.C. 5:94-7 and with the Uniform Affordability Controls, N.J.A.C. 5:80-26; and
(6) Demonstrate that the units will have the appropriate bedroom distributions in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.
(a) Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(i) The combined number of efficiency and one-bedroom units is no greater than 20 percent of the total low- and moderate-income units;
(ii) At least 30 percent of all low- and moderate-income units are two bedroom units;
(iii) At least 20 percent of all low- and moderate-income units are three bedroom units; and
(iv) The remainder, if any, may be allocated at the discretion of the developer.
(v) Where there are an insufficient number of affordable units provided to meet the above bedroom distribution, the first units shall be a two-bedroom unit, the second unit shall be a three-bedroom unit and the third unit shall be a one-bedroom unit.
(b) Age-restricted low- and moderate-income units may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for reach efficiency unit.
(7) Comply with all other applicable requirements of the substantive rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:94, and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.
§ 230-117.2. Affirmative Marketing of Affordable Housing Units
A. Applicability
(1) The provisions in this section shall apply to all future developments that will contain low- and moderate-income units.
(2) The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:94 et. seq. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. Glen Rock is in the Housing Region 1 consisting of Bergen, Hudson, Passaic, and Sussex Counties.
B. Required Information for Affirmative Marketing Efforts
The affirmative marketing plan shall provide the following information:
(1) The name and address of the project;
(2) The number of units, including the number of sales and/or rental units;
(3) The price of sales and/or rental units;
(4) The name of sales agent and/or rental manager;
(5) A description of the random selection method that will be used to select occupants of affordable housing;
(6) Disclosure of required application fees.
C. Required Outreach
(1) All newspaper articles, announcements and requests for applicants for low and moderate income units will appear in the following daily newspapers/publications.
(a) Star-Leger
(b) Bergen Record
(2) The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an “as need” basis. The advertisement will include the:
(a) The location of the units;
(b) Directions to the housing units;
(c) A range of prices for the housing units;
(d) The size, as measure in bedrooms, of the housing units;
(e) The location of applications for the housing units;
(f) The business hours when interested households may obtain an application for a housing unit; and
(g) Application fee, if any.
(3) If applicable, the following regional radio station(s) will be used:
(a) WVNJ 1160 AM
(b) WFDU 89.1 FM
(4) If applicable, the following advertising and outreach efforts will be used:
(a) Glen Rock Gazette
(5) The following is the location of applications, brochure(s), sign(s), and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region:
(a) Glen Rock Clerk’s Office
(b) Bergen County Library (all branches)
(c) Hudson County Library (all branches)
(d) Passaic County Library (all branches)
(e) Sussex County Library (all branches)
(f) Bergen County Administration Building
(g) Hudson County Administration Building
(h) Passaic County Administration Building
(i) Sussex County Administration Building
(6) Applications will be mailed to prospective applicants upon request.
(7) Developers of low and moderate income housing units may assist in the marketing of the affordable units in their respective developments if so designated by Glen Rock.
D. Affirmative Marketing Period.
(1) The affirmative marketing process for available affordable units shall begin at least four months prior to expected occupancy. In implementing the marketing program, the administrative agent shall undertake all of the following strategies.
(a) Publication of one advertisement in a newspaper listed above under § 230-117.2 C (1).
(b) Broadcast of one advertisement by radio station(s) listed above under § 230-117.2 C (3).; and
(c) At least one additional regional marketing strategy using one of the sources listed above under § 230-117.2 C (4)
E. Responsibilities of the Administrative Agent.
(1) Glen Rock will contract with the New Jersey Housing and Mortgage Finance Agency (HMFA)’s Housing Affordability Service (HAS) or a consultant and designate HAS or a consultant as an administrative agent to administer the Borough’s affirmative marketing program. An administrative agent will income qualify low and moderate income households; place income eligible households in low and moderate income units upon initial occupancy; provide for the initial occupancy of low and moderate income units with income qualified households; continue to qualify households for
re-occupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low and moderate income households if in contact; and enforce the terms of the deed restriction and mortgage loan as per the Uniform Housing Affordability Controls (UHAC).
(2) The administrative agent will provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, responsibilities of homeownership, rental lease requirements and landlord/tenant law.
F. Pre-qualification and Selection.
(1) Households that apply for low and moderate income housing units shall be pre-screened by the administrative agent for income eligibility by comparing their total income to the current low and moderate income limits for each size household adopted by COAH. Thereafter, applicants shall be notified as to their preliminary eligibility status by the developer/owner.
(2) In order to ensure a sufficient supply of qualified applicants, the advertising process will continue until at least ten (10) income-eligible applicants have applied for each low and moderate income unit available or until all of the available low and moderate income units within the Borough have been sold or rented, whichever comes first.
(3) The administrative agent will interview each applicant to verify the applicant's income and review the applicant's credit history. Applicants will be required to submit income verification of each household member 18 years or older. This process will be utilized in establishing the final certified applicant group.
(4) If there is more than one certified applicant for an available low and moderate income unit, placement will be made on a first come/first served basis, considering the date the application was first received by the administrative agent.
(5) The process described above will begin at least 120 days before the issuance of a Certificate of Occupancy for an affordable dwelling unit in the affordable housing compliance program and will continue until all low and moderate-income units are occupied and for as long as there are deed restricted affordable units within the municipality.
(6) In order to facilitate re-sales and re-rentals, a list of pre-qualified applicants shall be maintained by the administrative agent for each type of low and moderate income unit. The administrative agent shall update the waiting list annually by contracting prospect applicants and determining their continuing eligibility for an interest in the program. The advertising program shall be repeated by the owners of rental buildings on an as-needed basis to ensure continuing full occupancy of the low and moderate income units and, in any case, not less than annually.
(7) Households who live or work within the Housing Region 1 shall be given preference over households from outside of the housing region for the first thirty (30) days that a unit becomes available. If no qualified households from within the housing region can be found within thirty (30) days, the unit may be sold or rented to a household from outside the housing region.
(8) Households will generally be referred to available units using the following standards for occupancy:
(a) A maximum of two (2) persons per bedroom;
(b) Children of the same sex in same bedroom;
(c) Unrelated adults or persons of the opposite sex other than husband and wife in separate bedrooms; and
(d) Children not in the same bedroom with parents.
Households may be considered for units other than as set forth herein except that in no case shall a household be referred to a unit that provides for more than one additional bedroom over the number required by the application of (1) through (4) above.
Section II. – The Municipal Clerk is hereby directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all other entities thereto pursuant to the provisions of N.J.S.A. 40:55D-15. The Municipal Clerk is further directed to refer this Ordinance to the Glen Rock Planning Board, pursuant to N.J.S.A. 40:55D-64. Upon the adoption of this ordinance, after public hearing thereon, the Municipal Clerk is further directed to publish notice of the passage thereof and to file a copy of this ordinance, as finally adopted, with the Bergen County Planning Board, as required by N.J.S.A. 40:55D-16.
Section III. Severability – If any provision of this ordinance or the application of this ordinance to any person or circumstances is held invalid, the remainder of this ordinance shall not be affected and shall remain in full force and effect.
Section IV. Repealer – All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.
Section V. Effective Date – This ordinance shall take effect after publication and passage according to law.
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5. MEETING OPEN TO THE PUBLIC: (Before speaking at the meeting, each person must state their name and address. 5 minute limit)
Mayor van Keuren announced that next week the American Legion will be celebrating its 85th anniversary in Glen Rock. Commendations were expressed for their persistence and patriotism.
Flu vaccines will be available Monday, November 13th from 10-12 noon at the Glen Rock Jewish Center.
On Veteran’s Day there will be a ceremony at the Rock commencing at 11:00 a.m.
Council member O’Hagan again emphasized that driver’s be aware of their vehicle speed when traveling about town and particularly when dropping off student’s at school.
Doris Ciaramella – 15 Austin Place – Mrs. Ciaramella requested that the leaf schedule be posted on Channel 77. Deputy Clerk Paula Fleming commented that Channel 77 is not “user friendly” and to require Liz Outerbridge to update daily with the leaf schedule would not be very efficient. Telephone calls can always be made to Borough Hall or DPW. Mrs. Ciaramella suggested notification be given to parents with concerns of student drop-off.
John Sanders – 765 S. Maple Avenue – Mr. Sanders asked for an update on the proposed traffic light at Maple and Glen Avenue. Mayor van Keuren stated that the County has prepared plans, which have been available for resident review. Mr. Sanders commented that he is surprised how expeditiously this light is moving and expressed disappointment with the Council with their lack of forthcoming information. Mr. Sanders stated by not having “open government” it causes him to be suspicious of the Council. Mr. Sanders encouraged the Council to televise the Council meetings so he would not have been “blind-sided” by the traffic light plan. Mr. Sanders commented that no one has taken into consideration that he will be loosing the use of his utilities during the construction, as well as the physical loss of his property. Mr. Sanders stated Maple Avenue is not policed and the traffic speed limit not enforced. Mr. Sanders questioned why the presentation of this light has been done so quickly and if the plan is “cut in stone”. Mr. Sanders strongly encouraged the Council to come to the defense of the resident’s that will be loosing property. Mr. Sanders stated if he didn’t read of the project in the newspaper, he would not be aware of this project. Council member O’Hagan commented there are three residents most affected with this traffic light. Council member O’Hagan took offense to the statement that this project has not been communicated to the public. This project has been in the works since 2004 and openly spoken about. Council member O’Hagan reminded Mr. Sanders that the Council has a responsibility to the entire community. Council member O’Hagan stated that in an attempt to enforce the speed limit the County has been contacted for police patrol, in addition to the borough’s police. The number of accidents at this intersection is alarming and consequently the community has made an outcry for a light. This is a County project, they are paying for the project and their engineer’s will be the ones designing the project. The Borough of Glen Rock is not the one responsible for telling the County what should be placed at this intersection. Mr. Sanders expressed concern with the design of this traffic light. Council member O’Hagan commented we asked the County to get a light on this corner and the Borough has been successful in attaining it. The town is not trying to “stick it” to a resident. The Borough is feverishly trying to get this light in the 2007 budget. Mr. Sanders agreed the intersection definitely needs a light; however stated he does not know what the plan is. Mrs. Benjamin stated many of Mr. Sanders’ questions will be answered once a meeting convenes between the two parties. As soon as the borough was presented with a County plan all three residents were contacted.
Butch Weathers – 120 Glen Avenue – Mr. Weathers agrees that a light is needed at Maple and Glen; however he also feels not enough is being done to enforce the speed limit, adding Police don’t even adhere to the speed limit. Mr. Weathers believes this light will help with the speed but encouraged the borough to initiate “speed traps” and patrol with more police. Council member O’Hagan reminded Mr. Weathers that the borough does not have the resources to place police 24/7 on Maple Avenue. The entire borough has streets that are problematic with speeding. Mr. Weathers asked if the revenue generated from tickets supports the Police. Chief Cherry explained that fees are split between the State, County and Municipality and not necessarily evenly. Mayor van Keuren added that even if we did receive all the money from tickets it would not offset the cost of another police officer. Mr. Weathers asked if the idea of quotas was ever discussed. Chief Cherry replied establishing quotas would be illegal. Mr. Weathers commented often times police are observed parked in the commuter lot as well as private lots. Chief Cherry stated they are probably writing reports or possibly conducting stationary radar.
Colleen Gibney – 116 Glen Avenue – As a neighbor of the proposed light, Mrs. Gibney commented she first began requesting a light at this intersection in 2003. Mrs. Gibney commented this subject has continually been in the papers and should not come as a surprise to anyone. Mrs. Gibney added this administration has been very responsive to the needs of this community and particularly this issue.
Kevin Davitt – 123 Glen Avenue – Mr. Davitt agreed that the previous administration was not very helpful in getting this light even adding that the borough would have to come up with the money for the installation and construction. Mr. Davitt commented it is never too late to mitigate or compromise in a situation so all parties are satisfied.
Mayor van Keuren clarified that the County had a presentation at a recent work session, which was the first time that the Council had seen the plans for this intersection. Mrs. Benjamin immediately reached out to the affected property owners once these plans were presented.
Barbara Sanders – 765 S. Maple Avenue – Mrs. Sanders disagreed that this administration has shown diligence in communicating with the neighbors when it was published in the newspaper before they were made aware. Mrs. Sanders questioned why the papers were notified before the residents. Mrs. Sanders stated the affects of this project on her property are great. Mayor van Keuren clarified that the article in the paper preceded the plans; there were no formal plans when that information was published. The formal plans came at the work session when the County presented them. Mayor van Keuren stated this project is moving as quickly as possible due to the extreme safety issues at this intersection. Mayor van Keuren added that in order for this project to materialize in 2007, and for the County to pay for it, the plans must be finalized and approved before the end of 2006. Mayor van Keuren stated that left the Council a window of approximately eight weeks, adding that the Council Engineer is the one calling “the shots”. The Borough has gone back to the County to see if the design could be modified so as not to affect the residential properties as much. Unfortunately, the County has responded that this is the design necessary to comply with County and State requirements. Mrs. Sanders argued that the Borough had preliminary plans the end of September, yet she was not informed until October 12th. Mrs. Sanders added it would have been beneficial to inform the neighbors affected that this was being presented at a work session. Council member Jordan commented that the “major wrench” appeared when the plans called for a dedicated left-hand turn lane, which caused a much larger property disruption than the Council could have foreseen. The left-hand turn lanes will only be on Maple Avenue, with no right turns on all four corners. Council member O’Hagan commented that the utilities will not be affected and due to this intersection being slightly askew this design was the best that the County could provide.
Kevin Davitt – 123 Glen Avenue – Mr. Davitt complained that no one from the County ever contacted the resident’s to ask what they want. Council member O’Hagan replied it isn’t up to the resident’s to design the traffic light, which is why we have professionals. Council member O’Hagan added the borough has finally achieved getting a light at this intersection and resident’s still aren’t happy.
Butch Weathers – 120 Glen Avenue – Mr. Weathers asked if there will be a walk/don’t walk sign on the light. Mrs. Benjamin replied yes.
Mayor van Keuren observed that when there is a change half the people say we’re not going fast enough and the other half says we’re going too fast. Mayor van Keuren stated he believes the Council has made a reasonable, diligent, well-intentioned effort to solve a major safety problem. The Borough was given time constraints that the public is unaware of forcing the borough to act as expeditiously as possible, which has brought us to the point we are today.
Herb Arbeiter – 147 Glen Avenue – Mr. Arbeiter commented that tonight is the first time he has seen the plans; however he was hoping for a much simpler design.
Irene Brown – 675 Lincoln Avenue – Mrs. Brown commented that if the residents had been informed that the County was presenting the plans at a work session many of the problems discussed tonight could have been resolved.
Council member Moore commented as a Council member she believes it is the responsibility of the council to review information before it is presented to the public. There are many times information is presented to the Council so that when the public is made aware of it the Council will have answers to many of the questions. The Council attempts to do their best for the entire community.
Mary Henninger – Thornbury Avenue – Mrs. Henninger asked if the residents would be reimbursed for any property they are loosing to the traffic light. Mr. Garibaldi stated the borough is currently trying to establish, through the Assessor, what the fair market value is of the affected property. Once that is determined the resident’s will be presented with an offer. The land value of the property would also be reduced resulting in a lower property assessment.
6. ADJOURNMENT
Motion to adjourn the meeting was made by Council member Moore
Seconded by Council member McCullough
Meeting adjourned at 9:20 p.m.
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Paula A. Fleming, Deputy Borough Clerk
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