EAST AMWELL TOWNSHIP COMMITTEE SEPTEMBER 12, 2019 the Regular Meeting of the East Amwell Township Committee Was Called to Order at 7:00 P.M

EAST AMWELL TOWNSHIP COMMITTEE SEPTEMBER 12, 2019 The regular meeting of the East Amwell Township Committee was called to order at 7:00 p.m. Present were Mayor Richard Wolfe, Deputy Mayor Tim Mathews, and Committee member Chris Sobieski. Committee member Peter Miller was absent. Attorney Carl Taylor was also in Attendance.

In compliance with the Open Public Meetings Act, Acting Municipal Clerk Krista Parsons announced that this is a regularly scheduled meeting, pursuant to the resolution adopted on January 2, 2019, with a meeting notice published in the Hunterdon County Democrat issue of January 10, 2019. A copy of the agenda for this meeting was forwarded to the Hunterdon County Democrat, Times of Trenton, Star Ledger, Courier News, posted on the bulletin board, and filed in the Clerk's Office on September 10, 2019.

The meeting opened with the Pledge of Allegiance to the American Flag.

EXECUTIVE SESSION- (7:02:11)

RESOLUTION # 113-19

WHEREAS, the Open Public Meetings Act, P.L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, East Amwell Township Committee is of the opinion that circumstances presently exist; and

WHEREAS, the governing body of the Township of East Amwell wishes to discuss litigation, personnel matters and to receive advice from the Township Attorney; and

WHEREAS, minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then minutes can be made public; and

NOW, THEREFORE, BE IT RESOLVED, that the public be excluded from this meeting.

I, Krista Parsons, Acting Municipal Clerk, hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Township Committee of the Township of East Amwell at a regular and duly convened meeting held on September 12, 2019.

______Krista Parsons, Acting Municipal Clerk +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews, to enter into Executive Session was unanimously approved. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Executive Session took place from 7:02pm-7:31pm.

(7:31:29) The regular meeting commenced.

(7:31:46) Mayor Wolfe led those present in the Salute to the American Flag.

AGENDA REVIEW (7:32:08) Add under: Special Discussion- D. Tom Hoffman- Flemington-Raritan First Aid & Rescue Squad E. Update Regarding the Helistop at the Ridge at Back Brook F. Ringoes Village Advisory Committee Interviews G. Resolution of the East Amwell Township Committee Endorsing the East Amwell Township Housing Element and Fair Share Plan H. Resolution for Application for Raffle License for DTS Partners in Education and give to the Acting Clerk permission to approve said application once complete. I. Resolution for Application for Raffle License for Flemington Speedway Historical Society and give to the Acting Clerk permission to approve said application once complete.

Update from CFO- F. Resolution for Escrow Accounts no longer active or valid

Correspondence- August 31, 2019- NJDEP Letter of Interpretation-Amendola-Copy available in the Clerk’s Office

Standing Committee Reports- 1. Historic Preservation- Acceptance of Susan Berger’s Resignation

ANNOUNCEMENTS (7:32:57) A. The East Amwell Museum has re-opened with hours on Saturday and Sundays from 1pm-4pm and will be marking their first Anniversary at East Amwell Museum on Sunday, September 22nd from 1pm-4pm.

B. Hunterdon County Utilities Authority will hold an Electronics Dayon Saturday, September 14th at the County Complex on Route 12. Contact 908-788-1351 for details.

C. Smoke Detector Recycling is now available at Hunterdon County Division of Health. Please bring your old smoke detectors to the Health Department, Monday through Friday, 8:30 am to 4:30 pm at the Route 12 County Complex, Building #1, 2nd Floor.

D. East Amwell Parks & Recreation Committee will be hosting a Community Yard Sale on Saturday, September 21st. Rain date is Saturday, September 28th.

E. The Municipal Offices will be closed on Monday, October 14th in recognition of Columbus Day.

F. General Election Day will be held on Tuesday, November 5, from 6 am- 8pm wthl all East Amwell polls located at the Municipal Building. Last date to register to vote is October 15th . Contact the Acting Clerk for details.

G. Vote by Mail Ballots will be mailed beginning September 21st and voters have the option of voting early in person at the Hunterdon County Clerk’s office at 71 Main Street in Flemington. For further information, call the Hunterdon County Clerk at (908) 788-1214 or the Hunterdon County Board of Elections at (908) 788-1190.

H. The Flemington Area Food Pantry's main fundraiser, The Empty Bowl, will be held this year on Friday, November 8, 2019 at St. Magdalen's Community Center on Mine Street in Flemington. Lunch will be served from 11:00 AM to 2:30 PM. Tickets are $30. The site offers easy access and plenty of parking. A pottery sale to benefit the Pantry will also take place.

I. For the fourth year in a row, Avery's Hope will bring an amazing cycling event to Hunterdon and Bucks Counties. There will be a century, metric, half metric and a 15 mile family friendly towpath ride. September 14th at 9am - September 15th at 6pm from V5 Cycles in Flemington. ,They are expecting 75-100 riders spread across all of the routes and there will be no major impact to East Amwell, no rest stops in our town and the rides are staggered.

UPDATE FROM THE CFO (7:35:14) CFO Pasqua provided an updated budget summary. CFO Pasqua noted we are managing our budget however, there are a few accounts that are tight.

CFO Introduction of Ordinances: (7:36:47)

TOWNSHIP OF EAST AMWELL COUNTY OF HUNTERDON ORDINANCE #19-17

AN ORDINANCE TO PROVIDE FOR PURCHASE OF AND INSTALLATION OF COMPUTER EQUIPMENT AND SOFTWARE UPGRADES FOR VARIOUS DEPARTMENTS AS A GENERAL IMPROVEMENT FOR THE TOWNSHIP OF EAST AMWELL , IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $15,000.00 FROM CAPITAL IMPROVEMENT FUND.

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST AMWELL IN THE COUNTY OF HUNTERDON, NEW JERSEY AS FOLLOWS:

Section 1. The improvement described in Section 2 of this ordinance is hereby authorized as general improvements to be made or acquired by the Township of East Amwell, New Jersey. For the said improvements or purposes described in Section 2, there is hereby appropriated the sum of $15,000.00 said sum being inclusive of all appropriations heretofore made therefore.

Section 2. The Township of East Amwell is hereby authorized to provide funding for the purchase of computer equipment and software upgrades for various departments.

Section 3. It is hereby determined and stated that the undertaking of the aforesaid work, acquisition or improvement is not a current expense of the Township of East Amwell, but rather a capital expense.

Section 4. The sum of $15,000.00is hereby appropriated for said purchase. The funding is provided by appropriating $15,000.00 from the Capital Improvement Fund of the Township of East Amwell for said purpose as required by law and now available therefore in one or more previously adopted budgets.

Section 5. No debt of any kind is authorized for this undertaking.

Section 6. This ordinance shall take effect 10 days after publication after final adoption according to the law.

By Order of the Township Committee,

______Richard Wolfe, Mayor

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to introduce Ordinance #19-17 was unanimously approved.

The ordinance will be published in the September 19, 2019, issue of the Hunterdon County Democrat, and the public hearing is set for the next regular Township Committee meeting on October 10, 2019 at 7:30 p.m. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ CFO Resolutions (7:39:32)

Resolution cancelling Capital appropriation ordinances that have funding that is no longer necessary. RESOLUTION #114-19 East Amwell Township

WHEREAS, certain Capital appropriation ordinances have funding that are no longer necessary; WHEREAS, it is necessary to formally cancel said balances:

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that the following unexpended balances be cancelled:

Amount Cancel to: Ordinance # 2015-09 Storm water Drainage $172,615.43 DEP Grant Receivable Improvements

______Krista Parsons, Acting Municipal Clerk +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Motion made by Deputy Mayor Mathews, seconded by Chris Sobieksi was carried unanimously to approve the resolution. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution for cancellation of a driveway bond to Timothy Martin for Block 1, Lot 1 on Haines Road in the amount of $2500.

RESOLUTION # 115-19

BE IT RESOLVED by the Township Committee for the Township of East Amwell that they hereby authorize the CFO/Treasurer to release a check in the amount of $2,500.00, originally posted in 2019, to Timothy Martin, 23 Haines Road, Stockton NJ 08559 Block 1, Lot 1.

______Krista Parsons, Acting Municipal Clerk

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieksi was carried unanimously to approve the resolution. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution for cancellation of a driveway bond to Kymberly and Thomas Gardner for Block 30, Lot 6.01on Mountain Road in the amount of $2500.

RESOLUTION #116-19

BE IT RESOLVED by the Township Committee for the Township of East Amwell that they hereby authorize the CFO/Treasurer to release a check in the amount of $2,500.00, originally posted in 2019, to Kymberly and Thomas Gardner, 235 Mountain Road, Ringoes, NJ, 08551 Block 30, Lot 6.01.

______Krista Parsons, Acting Municipal Clerk Motion made by Deputy Mayor Mathews, seconded by Chris Sobieksi was carried unanimously to approve the resolution. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution Authorizing Purchase of Case International Model 90C Series Tractor with Factory Cab and Alamo Interstator Shoulder Mower Through Sourcewell Contract #032119-CNH Through Storr Tractor Company

RESOLUTION #117-19

RESOLUTION AUTHORIZING PURCHASE OF CASE INTERNATIONAL MODEL 90C SERIES TRACTOR WITH FACTORY CAB AND ALAMO INTERSTATOR SHOULDER MOWER THROUGH SOURCEWELL CONTRACT #032119-CNH THROUGH STORR TRACTOR COMPANY

BE IT RESOLVED, by the Township Committee of the Township of East Amwell, Hunterdon County, State of New Jersey as follows:

WHEREAS, in accordance with the requirements of the Local Public Contract Law P.L. 2011, C.139 (the “Law” or “Chapter 139”), N.J.S.A.52:34-6.2 and the regulations promulgated thereunder in Local Finance Notice LFN 2012-10, the following purchase without competitive bids from a vendor with a National Cooperative Contract is hereby approved for municipalities; and

WHEREAS, the Township of East Amwell has the need to procure a certain tractor and accessories, in accord with the Local Publics Contract Law N.J.S.A. 40A:11-1 et. seq.;and

WHEREAS, the Township of East Amwell has previously acted in accord with New Jersey public procurement statutes and regulations as promulgated by formally joining a recognized and compliant national cooperative, the Sourcewell National Cooperative, as East Amwell ID# 29899; and

WHEREAS, the regulations as set forth within Local Finance Notice LFN 2012-10 have been fully complied with; and

WHEREAS, the equipment and corresponding Sourcewell National Cooperative contract #032119-CNH is for Case International and Alamo products; and

WHEREAS, the cost savings determination as required under LFN 2012-10 is $11,691.73; and

WHEREAS, the quoted cost under the Sourcewell National Contract is:

Case International Model 90C Series Tractor with Factory Cab $54,690.92

Alamo Interstator Shoulder Mower $32,999.40; and

WHEREAS, the Chief Financial Officer certifies availability of funds in the amount of $87,690.32 from

Capital Improvement Fund - Account Number C-04-00-900-019-014.

NOW THEREFORE BE IT RESOLVED THAT, the Mayor is hereby directed to effectuate the purchase of herein approved equipment for the approved cost of $87,690.32 in accord with the provisions of the tenets as established within 40A:11-1 et. seq.

______Krista Parsons, Acting Municipal Clerk

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieksi was carried unanimously to approve the resolution. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ A Resolution Authorizing The Township of East Amwell To Enter Into A Cooperative Pricing Agreement

RESOLUTION #118-19 COOPERATIVE PRICING AGREEMENT

This agreement, made and entered into this day of September 12 , 2019 , by the Township of East Amwell and between the Board of Directors of Hunterdon County Educational Services Commission, referred to as the “Lead Agency” and various governing boards, authorities, commissions and other governmental contracting units within the State of New Jersey. WITNESSETH WHEREAS, the Lead Agency is conducting a voluntary Cooperative Pricing System with boards of education, municipalities, and other types of public bodies located within the State of New Jersey, utilizing the Lead Agency’s administrative purchasing services and facilities in order to effect substantial economies in the purchase of work, materials and supplies; and WHEREAS, the Cooperative Pricing System is authorized by N.J.S.A. 40A: 11-11 and has been approved by the Division of Local Government Services in the Department of community Affairs pursuant to N.J.A.C. 5:34-7.1 et seq., and WHEREAS, all the parties hereto shall approve this Agreement by Ordinance or Resolution, as appropriate, in accordance with the aforesaid statue; and NOW, THEREFORE, it is mutually agreed as follows:

1) The work, materials or supplies to be priced cooperatively may include fuels, office supplies, paper products, instructional materials and equipment, vehicles, modulars and such other items and services as two or more participating contracting units in the system agree can be purchased on a cooperative basis.

2) Upon approval of the Cooperative Pricing System and during each January thereafter, the Lead Agency shall publish a legal ad in such format as required by the State Division of Local Government Services in a newspaper normally used for such purpose by it, to include such information required by N.J.A.C. 5:34-7.9. as may be amended from time to time, including:

HCESC Cooperative Pricing Agreement Page 1 or 4

a. The name of the participating contracting unit, and b. The name of the Lead Agency soliciting competitive bids or informal quotations, and c. The address and telephone number of Lead Agency, and d. The State Identification Code for the Cooperative Pricing System, and e. The expiration date of the Cooperative Pricing Agreement.

3) Each of the participating contracting units shall indicate, in writing to the Lead Agency, the items to be purchased by the contracting unit, the approximate quantities desired, the location for delivery and other such requirements necessary for the Lead Agency to prepare specifications as provided by law. Although the Lead Agency endeavors to serve the needs of all registered members of the Cooperative Pricing System, the Lead Agency may not be able to prepare specifications and/or solicit bids for all projects and makes no such guarantee.

4) The specifications shall be prepared and approved by the Lead Agency and filed as required by law, and no changes shall thereafter be made except as permitted by law. Nothing herein shall be deemed to prevent changes in specifications for subsequent purchases.

5) A single advertisement for bids/proposals or the solicitation of informal quotations for the work, materials or supplies to be purchased shall be presented by the Lead Agency on behalf of all registered members desiring to purchase any item in the Cooperative Pricing System. All advertisements and solicitations shall be made in compliance with the Public School Contracts Law.

6) The Lead Agency shall receive bids or quotations on behalf of all participating contracting units. The Lead Agency shall review said bids and, on behalf of all registered members, either reject all bids, or award a contract in compliance with the Public School Contract Law and the specifications. This award shall result in the Lead Agency entering into a master contract with the successful bidder(s) providing for two categories of purchases:

a. The quantities ordered for the Lead Agency’s own needs, and b. The estimated aggregate quantities to be ordered by other participating contracting units by separate contract, subject to the specifications and prices set forth in the Lead Agency’s overall (master) contract.

The Lead Agency shall enter into a formal written contract(s) directly with the successful bidder(s) when required by law and only after the Lead Agency has certified the funds available only for its own needs.

Each registered member shall: (1) certify that it has the funds available necessary for its own order(s) from the Cooperative Pricing System; (2) enter into a formal written contract directly with the successful bidder(s) when required by law and the project specifications; (3) issue purchase orders in its own name directly to the successful bidder(s) against said contract; (4) accept its own deliveries; (5) be invoiced by and receive statements from the successful bidder(s) and (6) be responsible for any tax liability. No registered member shall be responsible for payment for any items ordered or for performance generally, by or to any other registered member. Each registered member shall accordingly be liable only for its own performance and for items ordered and received by it. The provisions of this paragraph shall be quoted or referred to and sufficiently described in all advertisements for bids by the Lead Agency so that each bidder shall be on notice as to the respective responsibilities and liabilities of the registered members. 7) Nothing in this Agreement shall prevent any registered members from awarding contracts of purchase, individually and on its own behalf, with or without advertising, except that invitations for such individual bids shall not be advertised nor bids be received during the period in which the Lead Agency is advertising for and receiving bids for the same items or commodities other than, in the case of the registered member’s Emergency or hardship.

8) The Lead Agency reserves the right to exclude any item or commodity from within said system if, in its opinion, the pooling of purchasing requirements or needs of the participating contracting units is either not beneficial or not workable as to the Lead Agency or the registered members.

9) The Lead Agency shall appropriate sufficient funds to enable it to perform the administrative responsibilities assumed pursuant to this Agreement. It is understood that all fees for each participating contracting unit are paid to the Lead Agency by the successful bidder(s) with the exception of HCESC in-house order preparation (4%) and the fuel participation. This amount shall be paid forty-five (45) days from the receipt of billing from the Lead Agency.

10) This agreement shall become effective upon approval of the Director of the Division of Local Government Services and shall continue in effect for a period of five (5) years pursuant to N.J.A.C. 5:34-7.5(f), or until a party to this Agreement shall give written notice of its intention to terminate its participation in the Cooperative Pricing System.

11) All records or documents maintained or utilized pursuant to terms of this Agreement shall be identified by the code number assigned by the Director, Division of Local Government Services and such other numbers HCESC Cooperative Pricing Agreement as are assigned by the Lead Agency for purposes of identifying each contract and item awarded.

12) Additional local contracting units may from time to time, execute this Agreement by means of a Rider annexed hereto, which addition shall not invalidate this agreement with respect to other signatories. The Lead Agency is authorized to execute the Rider on behalf of the members of the System. 13) This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed by their authorized corporate officers and their respective seals to be hereto affixed.

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieksi was carried unanimously to approve the resolution. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ A Resolution for Escrow Accounts no longer active or valid.

RESOLUTION #119-19

East Amwell Township

WHEREAS, certain Escrow Accounts are no longer active or valid:

WHEREAS, it is necessary to formally cancel said balances:

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that the following unexpended balances be cancelled:

Amount Cancel to

#7200037161 Steven Lang $214.21 MRNA

Revising 3/14/19 resolution

______Krista Parsons, Acting Municipal Clerk

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieksi was carried unanimously to approve the resolution.

There was discussion between the Mayor and CFO Pasqua regarding the accounts within the budget that are low on funds at this point in time. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ SPECIAL DISCUSSION (7:45:29) Resolution of Recognition of Shayne Kristopher Lorenzoni for achieving the rank of Eagle Scout. EAST AMWELL TOWNSHIP RESOLUTION OF RECOGNITION RESOLUTION #120-19

WHEREAS, the Township Committee of the Township of East Amwell recognizes Shayne K. Lorenzoni for his tremendous accomplishment of achieving the rank of Eagle Scout, Scouting's highest and most prestigious rank, on June 19, 2019; and

WHEREAS, Shayne, a member of Ringoes Boy Scout Troop 65, Washington Crossing Council BSA, was recognized at an Eagle Scout Court of Honor held at Sergeantsville Volunteer Fire Company, Sergeantsville, NJ, on September 8, 2019, which was attended by his family, Boy Scouts of all rankings, distinguished leaders and community representatives; and

WHEREAS, East Amwell Township, while recognizing all of Shayne’s accomplishments in reaching this plateau, has benefited tremendously from his Eagle Scout Project where, working with the New Jersey Department of Fish and Wildlife, and using money he raised, Shayne significantly improved the area at Amwell Lake located in East Amwell Township by, among other things, rebuilding the front entrance sign, removing and replacing the split rail fencing in the parking areas, building five wood duck-boxes that were placed around the lake, clearing and reestablishing an existing trail behind the lake, constructing a new kiosk and building four benches that were placed around the lake; and

WHEREAS, in executing his project, Shayne demonstrated planning, building, communication, leadership and organization skills, and his project will provide enjoyment to many.

NOW, THEREFORE BE IT RESOLVED by the members of the Township Committee of the Township of East Amwell that they hereby honor and express their sincere gratitude to Shayne K. Lorenzoni for his significant contribution to the community and for his outstanding accomplishment of obtaining the Boy Scout of America's highest and most prestigious rank of Eagle Scout; and

BE IT FURTHER RESOLVED that on behalf of the citizens of East Amwell Township, they wholeheartedly extend their best wishes to Shayne in all his future endeavors.

By Order of the Township Committee,

______Richard Wolfe, Mayor Attest: ______Krista Parsons, Acting Municipal Clerk

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to approve the resolution was unanimously approved. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution of Recognition of Lucas John Musto for achieving the rank of Eagle Scout.

EAST AMWELL TOWNSHIP RESOLUTION OF RECOGNITION RESOLUTION #121-19

WHEREAS, the Township Committee of the Township of East Amwell recognizes Lucas John Musto for his tremendous accomplishment of achieving the rank of Eagle Scout, Scouting's highest and most prestigious rank, on June 19, 2019; and

WHEREAS, Lucas, a member of Ringoes Boy Scout Troop 65, Washington Crossing Council BSA, was recognized at an Eagle Scout Court of Honor held at Sergeantsville Volunteer Fire Company, Sergeantsville, NJ, on September 8, 2019, and attended by his family, Boy Scouts of all rankings, distinguished leaders and community representatives; and

WHEREAS, East Amwell Township, while recognizing all of Lucas’s accomplishments in reaching this plateau, has benefited tremendously from his Eagle Scout Project where, using money he raised, Lucas removed an existing unsafe set of stairs and landing coming off the kitchen at the Kirkpatrick Memorial Presbyterian Church in Ringoes and built the stairs and landing to today’s code standards; and

WHEREAS, in executing his project, Lucas demonstrated planning, building, communication, leadership and organization skills, and his project will provide safe passage to many.

NOW, THEREFORE BE IT RESOLVED by the members of the Township Committee of the Township of East Amwell that they hereby honor and express their sincere gratitude to Lucas John Musto for his significant contribution to the community and for his outstanding accomplishment of obtaining the Boy Scout of America's highest and most prestigious rank of Eagle Scout; and

BE IT FURTHER RESOLVED that on behalf of the citizens of East Amwell Township, they wholeheartedly extend their best wishes to Lucas in all his future endeavors.

By Order of the Township Committee,

______Richard Wolfe, Mayo Attest: ______Krista M. Parsons, Acting Municipal Clerk

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to approve the resolution was unanimously approved. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Grange and its organization Members from the Ringoes Grange 12, Barbara Vadnais, Betty Jane Biache, and Charity Riker gave a presentation of the history, mission and the various community events they hold.

Tom Hoffman- Flemington-Raritan First Aid & Rescue Squad Discussion was held regarding the lack of day coverage for Amwell Valley Rescue due to member unavailability and lack of volunteers. Chief Hoffman from Flemington Raritan First Aid & Rescue Squad and Kevin Snyder, President of Lambertville-New Hope Rescue Squad, both noted the mutual aid agreement with Amwell Valley has expired and both squads continue to provide coverage for East Amwell. There was discussion regarding ways to alleviate the situation. Certain Township Officials and all three squads will be having a meeting to discuss how to move forward.

Ringoes Village Advisory Committee Interviews Mark McGuire, owner of the post office complex and old bank building in Ringoes, was interviewed and appointed to the Ringoes Village Advisory Committee. Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to appoint Mr. McGuire to the Ringoes Village Advisory Committee was unanimously approved. Update Regarding the Helistop at the Ridge at Back Brook Mayor Wolfe reported the 90 day deadline for NJDOT’s response time to the written request of the township has passed and there has been no response from NJDOT regarding the request on the approval of the helistop. Mayor Wolfe intends to follow up and has a letter into the Governor’s office. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution of the East Amwell Township Committee Endorsing the East Amwell Township Housing Plan Element and Fair Share Plan

RESOLUTION #122-19 RESOLUTION OF THE EAST AMWELL TOWNSHIP COMMITTEE ENDORSING THE EAST AMWELL TOWNSHIP HOUSING PLAN ELEMENT AND FAIR SHARE PLAN

WHEREAS, the Planning Board of East Amwell Township, Hunterdon County, New Jersey, adopted its 1st Third Round Housing Plan Element and Fair Share Plan of the Master Plan pursuant to N.J.S.A. 40:55D-28.b.(3) on December 10, 2008; and

WHEREAS, the Planning Board of East Amwell Township, Hunterdon County, State of New Jersey, adopted the Housing Element of the Master Plan on September 12, 2018; and

WHEREAS, the Court entered a Judgment of Compliance and Repose dated February 27, 2019 in favor of the Township setting forth certain conditions to be met; and

WHEREAS, one of those conditions was that the Township amend its Housing Element and Fair Share Plan in accordance with recommendations from the Special Master assigned to the Township’s Declaratory Judgment Action; and

WHEREAS, a true copy of the resolution of the Planning Board adopting the Housing Element is attached pursuant to N.J.A.C. 5:96-2.2(a)2; and

WHEREAS, the Planning Board adopted the Fair Share Plan on August 8, 2018; and

WHEREAS, a true copy of the resolution of the Planning Board adopting the Fair Share Plan is attached pursuant to N.J.A.C. 5:96-2.2(a)2.

NOW THEREFORE BE IT RESOLVED that the Governing Body of East Amwell Township, Hunterdon County, State of New Jersey, hereby endorses the Housing Element and Fair Share Plan as adopted by the East Amwell Township Planning Board; and

BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Housing Element and Fair Share Plan has been included with the Fair Share Plan; and

BE IT FURTHER RESOLVED that notice of this endorsement and a copy of this resolution, the adopted Housing Element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the East Amwell Township municipal clerk’s office located at 1070 Route 202/31, Ringoes, NJ 08551, during the hours of 8:30AM – 3:00PM on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:96-3.5.

______Krista Parsons, Acting Municipal Clerk

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to approve the resolution was unanimously approved. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution for Application for Raffle License for DTS Partners in Education and to give the Acting Clerk permission to approve said application once complete.

RESOLUTION #123-19

BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby support the fund-raising efforts of DTS Partners in Education, 501 Rosemont Ringoes Road, Sergeantsville, NJ 08557;

WHEREAS, the organization has made application to hold a 50/50 drawing on October 27, 2019, at The Paint Party Farm, 24 Rosemont Ringoes Road, Ringoes, NJ 08557;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, that raffle license be approved and processed by the Acting Clerk once a complete packet is submitted.

______Krista Parsons, Acting Municipal Clerk

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to approve the resolution was unanimously approved. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Resolution for Application for Raffle License for Flemington Speedway Historical and to give the Acting Clerk permission to approve said application once complete.

RESOLUTION #124-19

BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby support the fund-raising efforts of Flemington Speedway Historical, P.O. Box 1003, Flemington, NJ 08822:

WHEREAS, the organization has made application to hold a Raffle drawing on October 19, 2019, at South County Park, 1207 Route 179 South, Lambertville, NJ 08530;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, that raffle license be approved and processed by the Acting Clerk once a complete packet is submitted.

______Krista Parsons, Acting Municipal Clerk

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to approve the resolution was unanimously approved. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ STANDING COMMITTEE REPORTS (8:52:10) HISTORIC PRESERVATION Letter of Resignation from Susan Berger.

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to accept Susan Berger’s resignation with regrets was unanimously approved.

APPROVAL OF MINUTES (8:52:31) August 8, 2019 Executive Session Minutes Motion made by Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to approve the minutes as corrected were unanimously approved.

August 8, 2019 Regular Meeting Minutes Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to approve the minutes as corrected were unanimously approved.

Deputy Mayor Mathews commented that he likes the new format of the minutes and would recommend comments from the public. Mayor Wolfe and Chris Sobieski agreed with the Deputy Mayor Mathews.

OPEN TO THE PUBLIC (Limited to Ten Minutes Per Person) Mayor Wolfe noted the Township’s DPW taken on an extensive road project this year and other projects that have necessitated significant effort on the part of the DPW. Mayor Wolfe has been receiving feedback from residents in which they are very grateful and appreciative of the DPW’s efforts. Mayor Wolfe commented he is appreciative of all the work they do and they deserve a pat on the back.

Deputy Mayor Mathew reinforced the road projects have taken significant planning and prep work for the DPW and they did a tremendous job accomplishing this task, and appreciates the efforts made by Mr. Silverthorn and his team as well as the Township Engineer.

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to open to the public was unanimously approved.

Sue Posselt 155 Cider Mill Road, Ringoes, NJ- Ms. Posselt noted Cider Mill Road is beautiful now that it is chip sealed and she commented that the DPW workers are dressed in uniform, very friendly and the nicest bunch of guys. Ms. Posselt asked how long the minutes are kept as she stated Ms. Parsons does not document names on who said what. Mayor Wolfe stated we will need to look into this however, it could be perpetual. Per Alison Castellano, the videos can be kept as long as the township would like to keep them. Ms. Posselt noted that Mayor Wolfe does not ask if anyone is opposed. Ms. Posselt inquired about the purchasing a StyroGenie with the school and thought it was a great idea. Mayor Wolfe noted the township may end up splitting the cost with the school. Ms. Posselt made a comment regarding the Historical Society and accounts that took place regarding the Treasurer and CPA. She also commented that there is no debate on discussions and no there being no disagreements with the Mayor.

John Seremba 111 John Ringo Road, Ringoes, NJ- Mr. Seremba addressed the comment made by Ms. Posselt.

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to close to the public was unanimously approved with no opposition.

CONSENT AGENDA ITEMS- NONE

INTRODUCTION OF ORDINANCE(S)/PUBLIC HEARING(S)

Public Hearing (Adoption): (9:14:28) ORDINANCE #19-16- AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF EAST AMWELL TOWNSHIP PERTAINING TO THE RECREATION AND PARKS ADVISORY COMMITTEE This legal notice was published in the Hunterdon County Democrat on August 15, 2019 and it was posted and available to the public since introduction on August 8, 2019.

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to open to the public was unanimously approved, with no opposition.

Seeing no members of the public come forward, motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to close to the public was unanimously approved, with no opposition.

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieskit to adopt Ordinance #19- 16 was approved by Roll call vote:

Mr. Wolfe: Yes, Mr. Mathews: Yes and Mr. Sobieski: Yes

The adoption notice will be published in the September 19, 2019 issue of the Hunterdon County Democrat. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Introduction of Ordinances: (9:16:34)

TOWNSHIP OF EAST AMWELL HUNTERDON COUNTY, NEW JERSEY

ORDINANCE #19-18

AN ORDINANCE OF THE TOWNSHIP OF EAST AMWELL, COUNTY OF HUNTERDON AND STATE OF NEW JERSEY, FURTHER AMENDING CHAPTER 43 OF THE CODE ENTITLED “AFFORDABLE HOUSING” TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT (FHA) AND THE UNIFORM HOUSING AFFORDABILITY CONTROLS (UHAC) REGARDING COMPLIANCE WITH THE TOWNSHIP’S AFFORDABLE HOUSING OBLIGATIONS

WHEREAS, the Township of East Amwell has filed a Declaratory Judgment Action in the Superior Court of New Jersey, Warren County, in furtherance of the Supreme Court’s March 10, 2015, decision captioned In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (the “Supreme Court Decision”), which was assigned to the Honorable Thomas C. Miller P.J. Cv.; and

WHEREAS, in furtherance of compliance with the Court’s directives in the Declaratory Judgment Action, the Township amended its affordable housing ordinance in accordance with the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26-1, et seq. by Ordinance 19-18 adopted October 11, 2018, 2018; and

WHEREAS, the Court entered a Judgment of Compliance and Repose dated February 27, 2018 in favor of the Township setting forth certain conditions to be met; and

WHEREAS, one of those conditions was that the Township amend its Affordable Housing Ordinance in accordance with recommendations from the Special Master assigned to the Township’s Declaratory Judgment Action.

BE IT ORDAINED by the Township Committee of the Township of East Amwell, Hunterdon County, New Jersey, that Chapter 43 the Code of the Township of East Amwell entitled “Affordable Housing” is hereby amended as follows (Additions indicated in boldface and italics thus; deletions indicated with strike-through thus):

Section 43-1 to 43-5. No change.

Section 43-6. New Construction 1. Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:

a. The fair share obligation shall be divided equally between low- and moderate- income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13 percent of all restricted rental units shall be very low- income units (affordable to a household earning 30 percent or less of regional median income by household size). The very low-income units shall be counted as part of the required number of low-income units within the development.

b. In each affordable development, at least 50 percent of the restricted units within each bedroom distribution shall be very low or low-income units.

c. Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

1) The combined number of efficiency and one-bedroom units shall be no greater than 20 percent of the total low- and moderate-income units;

2) At least 30 percent of all low- and moderate-income units shall be two bedroom units;

3) At least 20 percent of all low- and moderate-income units shall be three bedroom units; and

4) The remaining units may be allocated among two and three bedroom units at the discretion of the developer.

d. Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

2. Accessibility Requirements:

a. The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free SubCode, N.J.A.C. 5:23-7 and the following:

b. All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

1) An adaptable toilet and bathing facility on the first floor; and

2) An adaptable kitchen on the first floor; and

3) An interior accessible route of travel on the first floor; and

4) An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

5) If not all of the foregoing requirements in b.1) through b.4) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of paragraphs b.1) through b.4) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and

6) An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free SubCode, N.J.A.C. 5:23-7, or evidence that East Amwell has collected funds from the developer sufficient to make 10 percent of the adaptable entrances in the development accessible: a) Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

b) To this end, the builder of restricted units shall deposit funds within the Township of East Amwell’s Affordable Housing Trust Fund sufficient to install accessible entrances in 10 percent of the affordable units that have been constructed with adaptable entrances.

c) The funds deposited under paragraph 6)b) above shall be used by the Township of East Amwell for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

d) The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of the Township of East Amwell for the conversion of adaptable to accessible entrances.

e) Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free SubCode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township’s Affordable Housing Trust Fund in care of the Township Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.

f) Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is “site impracticable” to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free SubCode, N.J.A.C. 5:23-7.

3. Design:

a. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

b. In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.

4. Maximum Rents and Sales Prices:

a. In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD. To calculate this regional income limit, the HUD determination of median income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total household from the most recent decennial Census in the Township’s housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80 percent of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50 percent of the regional weighted average median income for a family of four. The income limit for a very low-income unit for a household of four shall be 30 percent of the regional weighted average median income for a family of four. The income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year. b. The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60 percent of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52 percent of median income.

c. The developers 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 13 percent of all low- and moderate-income rental units shall be affordable to very low-income households, which very low-income units shall be part of the low-income requirement.

d. 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, and 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 sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type. e. In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age- restricted developments, the following standards shall be used: 1) A studio shall be affordable to a one-person household; 2) A one-bedroom unit shall be affordable to a one and one-half person household;

3) A two-bedroom unit shall be affordable to a three-person household;

4) A three-bedroom unit shall be affordable to a four and one-half person household; and

5) A four-bedroom unit shall be affordable to a six-person household. f. In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age- restricted developments, the following standards shall be used: 1) A studio shall be affordable to a one-person household;

2) A one-bedroom unit shall be affordable to a one and one-half person household; and

3) A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

g. The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95 percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28 percent of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80- 26.3, as may be amended and supplemented.

h. The initial rent for a restricted rental unit shall be calculated so as not to exceed 30 percent of the eligible monthly income of the appropriate size household, including an allowance for tenant paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

i. The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.

j. The rents of very low-, low- and moderate-income units may be increased annually based on the permitted percentage increase in the Housing Consumer Price Index for the Northeast Urban Area. This increase shall not exceed nine percent in any one year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low- income housing tax credits.

Section 43-7 to 43-21. No change NUMBERING.

This ordinance may be renumbered for codification purposes.

REPEALER All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.

SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

EFFECTIVE DATE This Ordinance shall not become effective until the Court approves the Township’s Housing Plan Element and issues a Judgement of Repose.

By Order of the Township Committee.

______Richard Wolfe, Mayor

ATTEST: TOWNSHIP OF EAST AMWELL

______Krista Parsons, Acting Township Clerk

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to introduce Ordinance #19-18 was unanimously approved with no opposition.

This ordinance will be published in the September 19, 2019 issue of the Hunterdon County Democrat, and the public hearing is set for the next regular Township Committee meeting on October 10, 2019 at 7:30pm. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ TOWNSHIP OF EAST AMWELL HUNTERDON COUNTY, NEW JERSEY

ORDINANCE #19-19 AN ORDINANCE OF THE TOWNSHIP OF EAST AMWELL, COUNTY OF HUNTERDON AND STATE OF NEW JERSEY, AMENDING CHAPTER 75, ARTICLE III OF THE CODE ENTITLED “DEVELOPMENT FEES” TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT (FHA) AND THE UNIFORM HOUSING AFFORDABILITY CONTROLS (UHAC) REGARDING COMPLIANCE WITH THE TOWNSHIP’S AFFORDABLE HOUSING OBLIGATIONS

WHEREAS, one of those conditions was that the Township amend its Development Fee Ordinance in accordance with recommendations from the Special Master assigned to the Township’s Declaratory Judgment Action.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of East Amwell, Hunterdon County, New Jersey, that Chapter 75, Article III the Code of the Township of East Amwell entitled “Development Fees” is hereby amended as follows (Additions indicated in boldface and italics thus; deletions indicated with strike-through thus):

Sections 75-3. 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 (N.J.S.A. 52:27D-329.2) and the Statewide Non- residential Development Fee Act (N.J.S.A. 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 nonresidential development.

C. In Re Adoption of N.J.A.C. 5:96 and 5:97 by COAH, 221 N.J. 1 (2015) (“Mount Laurel IV”), the Supreme Court remanded COAH’s duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 7, 2025 are under the Court’s jurisdiction and are subject to approval by the Court.

D. This article establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L.2008, c.46, §§ 8 and 32-38. Fees collected pursuant to this article shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

Section 75-4 through 75-7. No change.

Section § 75-8. Affordable Housing Trust Fund.

A. No change.

B. No change.

C. The Township previously provided COAH with written authorization, in the form of a three-party escrow agreement between the Township, a bank, COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:93-8. The Superior Court shall now have jurisdiction to direct the disbursement of the Township’s trust funds.

D. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or a court of competent jurisdiction.

Section 75-9. Use of funds.

A. The Township shall not spend development fees until COAH or a court of competent jurisdiction 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. Thereafter, the expenditure of all funds shall conform to the spending plan approved by COAH or a court of competent jurisdiction. Funds deposited in the housing trust fund may be used for any activity approved by COAH or a court of competent jurisdiction to address the Township'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 nonresidential 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 Township for past housing activities. C. At least 30% 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 30% or less of median income by region.

(1) 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.

(2) Affordability assistance to households earning 30% 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 30% or less of median income.

(3) 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 Township 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.JA.C. 5:96-18.

E. No more than 20% 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% 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 as set forth in the Court-approved Settlement Agreement with Fair Share Housing Center dated February 27, 2018. 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.

Section 75-10 - Monitoring. On or about February 27 of each year through 2025, the Township shall provide annual reporting of trust fund activity to the DCA, COAH, or NJLGS, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website. This reporting shall include an accounting of all housing trust fund activity, including the collection of development fees from residential and nonresidential 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 Township's housing program, as well as to the expenditure of revenues and implementation of the plan approved by COAH or a court of competent jurisdiction. All monitoring reports shall be completed on forms designed by COAH or other entity designated by the State of New Jersey.

Section 75-11. Ongoing collection of fees. The ability for the Township to impose, collect and expend development fees shall expire with its Court-issued Judgment of Compliance and Repose unless the Township has (1) filed an adopted Housing Element and Fair Share Plan with COAH, a court of competent jurisdiction or other entity designated by the State of New Jersey; (2) has petitioned for substantive certification or filed a declaratory judgment action; (3) and has received COAH's or a court of competent jurisdiction’s approval of its Development Fee Ordinance. If the Township fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance and Repose 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 (N.J.S.A. 52:27D- 320). The Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance; nor shall the Township retroactively impose a development fee on such a development. The Township shall not expend development fees after the expiration of its judgment of compliance.

NUMBERING

This ordinance may be renumbered for codification purposes.

REPEALER All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. EFFECTIVE DATE This Ordinance shall not become effective until the Court approves the Township’s Housing Plan Element and issues a Judgement of Repose.

By Order of the Township Committee.

______Richard Wolfe, Mayor

ATTEST: TOWNSHIP OF EAST AMWELL

______Krista Parsons, Acting Township Clerk

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to introduce Ordinance #19-19 was unanimously approved with no opposition.

AN ORDINANCE AMENDING ORDINANCE 2018-20 ESTABLISHING INCLUSIONARY AFFORDABLE HOUSING ZONES IN THE AMWELL VALLEY AGRICULTURAL DISTRICT AND AMENDING CHAPTER 92, LAND MANAGEMENT, ARTICLE VII ZONING PROVISIONS, TO ADDRESS EAST AMWELL TOWNSHIP’S THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS

WHEREAS, the Township of East Amwell (the “Township”) filed a Declaratory Judgment Action in the Superior Court of New Jersey, Hunterdon County, captioned IMO Township of East Amwell, Docket No. HNT-L-306-15 (the “Declaratory Judgment Action”), in furtherance of the Supreme Court’s March 10, 2015, decision in In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (the “Supreme Court Decision”); and

WHEREAS, the Township entered into a Settlement Agreement with Fair Share Housing Center on February 27, 2018 (the “Settlement Agreement”) that determines the Township’s affordable housing obligation and the mechanisms for how the obligation will be addressed; and

WHEREAS, the Township’s Land Use Board adopted a Housing Element and Fair Share Plan, that comprehensively provides for the creation of affordable housing in the Township in a manner consistent with all applicable affordable housing statutes and regulations and the Settlement Agreement.

WHEREAS, East Amwell Township identified four parcels of land determined to be appropriate for development of higher-density inclusionary residential development in the Township located near Ringoes Village and on State Highway 202 North within the Amwell Valley Agricultural District, specifically Block 11, Lots 4 and 37.02 and Block 16.01, Lots 26 and 27, which together possess sufficient land area to accommodate inclusionary residential development at acceptable inclusionary zoning densities to address the Township’s Third Round affordable housing obligation; and

WHEREAS, in order to establish zoning provisions that provide a realistic opportunity for development of affordable housing and in furtherance of the Settlement Agreement, the Township adopted Ordinance 18-20 establishing certain inclusionary zones within the Township; and

WHEREAS, the Court entered a Conditional Judgment of Compliance and Repose dated August 8, 2019 in favor of the Township setting forth certain conditions to be met; and

WHEREAS, one of those conditions was that the Township amend Ordinance 20-18 as recommended by the Special Master assigned to the Township’s Declaratory Judgment Action; and

WHEREAS, the zoning amendments herein support residential inclusionary development consistent with the Settlement Agreement and the Township’s Housing Element and Fair Share Plan.

NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of East Amwell, County of Hunterdon that Ordinance 2018-20 is hereby rescinded and replaced with the following:

Section 1. Article VII §92-82, entitled “Zoning Provisions” and §92-83 entitled “Zoning Map” are hereby amended to include the following two (2) new overlay zoning designation, "Ringoes Affordable Housing Inclusionary Overlay Zone" and "Larison's Corner Affordable Housing Inclusionary Overlay Zone" as indicated on Exhibit 1, and listed below:

Block 11, Lots 4 and 37.02; Block 16.01, Lots 26 and 27

Section 2. Article VII §92-91, entitled “Amwell Valley Agricultural District”, of the Code of the Township of East Amwell is hereby amended and supplemented, as follows:

A. Amend and supplement §92-91.A. “Purpose” to read in its entirety, as follows (Additions indicated in boldface and italics thus; deletions indicated with strike-through thus):

A. Purposes. The purposes of the Amwell Valley Agricultural District are: (1) To encourage land use patterns and development practices which enhance Township, county and state efforts to retain farmland and protect and preserve agricultural activity within the Township. (2) To protect and promote the continuation of farming in East Amwell Township where farming is a valuable component of the local economy. (3) To protect prime soils (SCS Classes I and II) and soils of state-wide importance (SCS Class III) for their long-term value as an essential natural resource in any agricultural or horticultural pursuit. (4) To permit limited nonfarm related residential development in a location and manner that will be consistent with the continuation of farming. (5) To support the preservation of existing farm operations and limit conflicts between agricultural and nonagricultural uses by encouraging the separation of residential development from active farms. (6) To impose lot suitability requirements upon residential lots in order to accommodate individual well and septic disposal systems, which are required in the Amwell Valley Agricultural District. (7) To implement the goals of the Amended Master Plan for the Amwell Valley Agricultural District by protecting agricultural lands and promoting agriculture as a valuable component of the local economy. (8) To provide an affordable housing overlay option at fixed densities that will satisfy the Township's affordable housing obligation while also providing a diverse housing stock and investment in Ringoes Village. Inclusionary zoning overlays are provided on Block 11, Lots 4 and 37.02 (Ringoes Affordable Housing Inclusionary Overlay Zone) and Block 16.01, Lots 26 and 27 (Larison's Corner Affordable Housing Inclusionary Overlay Zone) and will be subject to the densities and affordable housing set-asides prescribed below.

B. Amend and supplement §92-91.B., “Permitted uses.”, to read in their entirety, as follows (Additions indicated in boldface and italics thus; deletions indicated with strike-through thus):

B. Permitted principal uses shall be as follows: (1) Detached, single-family dwelling. (2) Agricultural uses and farms. (3) Public parks. (4) Subsidized accessory apartments as defined in Article III and in accordance with the provisions of Note 1 under § 92-91E herein below. (5) Farm-based business (meeting the definition of such in Article III). (6) Bed-and-breakfast. See § 92-44. (7) Antique shop. See § 92-42. (8) Wireless telecommunications antennas on existing structures, subject to minor site plan approval. (9) A golf course/club, subject to the following provisions (which shall not be construed as conditions of a conditional use): (a) The tract on which the golf course/club is to be constructed shall comprise at least 200 acres for 18 holes. (b) The length of the golf course shall be not less than 7,000 yards. (c) The golf course/club shall be the sole principal use on the tract. In particular (and without limiting the foregoing provision), there shall be no residential uses on the tract, whether in conjunction with the golf course/club or otherwise, except for the ancillary uses provided for in Subsection B(9)(h). (d) No portion of any golf tee, fairway or green shall be located closer than 150 feet to any tract boundary or public road right-of-way, except that cart paths may be located no closer than 100 feet to such boundaries or roads. (e) There shall be a direct driveway access to the golf course/club, over the tract, from a state or county road. (f) A vegetated buffer at least one-hundred-feet wide, consisting of native trees, shrubs and ground covers, shall be provided and maintained between any turf area which will be treated with fertilizers or pesticides and the closest point of any one-hundred-year floodplain; or if there is no floodplain, the top of bank of any permanent, nonseasonal stream or open water body, on or off site, except that up to 35% of such stream or pond frontage shall be exempt from this requirement, upon a showing of good cause by the applicant. (g) Gasoline powered golf carts shall be prohibited on any golf course/club. (h) Ancillary uses may include a swimming pool and related facilities, tennis courts and related facilities and not more than two buildings to provide overnight accommodations for members and their guests, each such building not to exceed 6,250 square feet of floor space and not to exceed four bedrooms and four bathrooms (sleeping accommodations for eight persons per building.) All such ancillary uses shall be located in reasonable proximity to the clubhouse and main parking lot and shall not require additional parking. Due to concerns with water utilization within in the Amwell Valley Agricultural District, any swimming pool associated with a golf course/club shall only be filled with water supply trucked in from an outside location. (10) Affordable housing development through inclusionary residential development on Block 11, Lots 4 and 37.02 (Ringoes Affordable Housing Inclusionary Overlay Zone) and Block 16.01, Lots 26 and 27 (Larison's Corner Affordable Housing Inclusionary Overlay Zone) in the form of townhouses, duplexes or multi-family housing, such as garden apartments, in accordance with the density and set-aside standards identified at 92-91.(H)(4) and 92-91.(H)(5).

C. Amending §92-91.H. entitled “Land Development Options”, by adding and inserting the following new subsection §92-91.H(4) entitled “Ringoes Affordable Housing Inclusionary Overlay Zone", to read as follows:

(4) Affordable Housing Inclusionary Overlay Zone development standards for Block 11, Lots 4 and 37.02 and Block 16.01, Lots 26 and 27. (a) The required minimum residential densities and affordable housing set asides shall be as follows: [1] Townhouse or for-sale development: 6 dwelling units per acre with a 20% affordable housing set-aside; and/or [2] Multi-family rental housing, such as garden apartments: 6 dwelling units per acre with a 16% affordable housing set-aside. [3] Townhouse and multi-family at the prescribed densities and set-asides identified above may be mixed on single parcel of land.

(b) The following tract requirements shall apply: [1] Min. Lot Area (Tract) 10 Acres [2] Min Lot Width (Tract) 100 Feet [3] Min Lot Depth (Tract) 125 Feet [4] Min Front Yard Setback (Tract)i, 150 Feet [5] Min Side Yard Setback (Tract)i, 100 Feet [6] Min Rear Yard Setback (Tract)i, 100 Feet [7] Maximum Lot Coverage 40% [8] Max. Building Height: 35 Feet / 2-1/2-stories [9] Building to building 15 Feetii [10]Minimum Open Space Area iii 15% of tract area Footnotes: i. Patios, decks, and fences may be located within required building setbacks. ii. Covered porches or decks shall be permitted within 10 feet of a building iii. Open space shall be arranged as common area situated between and among buildings from a central location within the development. (c) Parking (a) Space per units shall be calculated per RSIS (b) Residential parking space dimensions shall conform to RSIS. (c) Off-street parking and loading areas shall meet the standards set forth in §92-63. (d) Buffers and Landscaping shall conform to the standards set forth in §92- 46. (e) Water and wastewater service: The developer shall provide water and sewer service (or alternative wastewater treatment facilities). (f) Non-residential development shall not be permitted. (g) Affordable housing development shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 43, Article II, Affordable Housing Regulations and the applicable provisions of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985. (h) The Developer Township shall retain a qualified administrative agent to be responsible to affirmatively market, administer, and certify the occupants of each affordable unit, with all administrative costs to be paid by the developer.

D. Amending §92-91.H. entitled “Land Development Options”, by adding and inserting the following new subsection §92-91.H(5) entitled “Larison's Corner Affordable Housing Inclusionary Overlay Zone", to read as follows:

(5) Affordable Housing Inclusionary Overlay Zone development standards for Block 16.01, Lots 26 and 27.

(a) The required minimum residential densities and affordable housing set asides shall conform to the memorandum of understanding outlined in the Court-approved Settlement Agreement with Fair Share Housing Center dated February 27, 2018, as follows: [1]Multi-family rental housing, such as garden apartments: 6 dwelling units per acre with a 16% affordable housing rental unit set- aside; and/or [2] Townhouse or for-sale development: 6 dwelling units per acre with a 20% affordable housing set-aside. [3] The development shall consist of 181 total units with 29 affordable rental units. If the development yields 181 units or fewer, the affordable housing set-aside shall be 16% and the affordable units shall all be family rental units. If the development yields more than 181 units, 16% of the first 181 units shall be set-aside as affordable family rental units. For all units in excess of 181 units, the set-aside may be either 16% of the affordable units are for rent or 20% if the affordable units are for sale, or a combination thereof. [4] Townhouse and multi-family at the prescribed densities and set-asides identified above may be mixed on single parcel of land.

(b) The following tract requirements shall apply: [1] Min. Lot Area (Tract) 10 Acres [2] Min Lot Width (Tract) 100 Feet [3] Min Lot Depth (Tract) 125 Feet [4] Min Front Yard Setback (Tract)i, 150 Feet [5] Min Side Yard Setback (Tract)i, 100 Feet [6] Min Rear Yard Setback (Tract)i, 100 Feet [7] Maximum Lot Coverage 40% [8] Max. Building Height: 35 Feet / 2-1/2-stories [9] Building to building 15 Feetii [10]Minimum Open Space Area iii 15% of tract area Footnotes: i. Patios, decks, and fences may be located within required building setbacks. iv. Covered porches or decks shall be permitted within 10 feet of a building v. Open space shall be arranged as common area situated between and among buildings from a central location within the development. (c) Parking (a) Space per units shall be calculated per RSIS (b) Residential parking space dimensions shall conform to RSIS. (c) Off-street parking and loading areas shall meet the standards set forth in §92-63. (d) Buffers and Landscaping shall conform to the standards set forth in §92- 46. (e) Water and wastewater service: The developer shall provide water and sewer service (or alternative wastewater treatment facilities). (f) Non-residential development shall not be permitted. (g) Affordable housing development shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 43, Article II, Affordable Housing Regulations and the applicable provisions of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985. (h) The Township shall retain a qualified administrative agent to be responsible to affirmatively market, administer, and certify the occupants of each affordable unit, with all administrative costs to be paid by the developer. (i) The property may be developed without an affordable housing set aside requirement pursuant to the prior settlement agreement reached between the Township and Thompson Properties which provided for: [1] Six residential building lots on Lot 27 accessed from Dutch Lane [2] Four residential building lot on Lot 26 accessed from Dutch Lane [3] Four separate office buildings on Lot 26 accessed from Route 202/31 with each building not to be larger than 16,000 square feet for a total of 64,000 square feet.

Section 3. This ordinance may be renumbered for codification purposes.

EFFECTIVE DATE This Ordinance shall take effect upon passage and publication as provided by law.

By Order of the Township Committee.

______Richard Wolfe, Mayor

ATTEST: TOWNSHIP OF EAST AMWELL

______Krista Parsons, Acting Township Clerk

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to introduce Ordinance #19-20 was unanimously approved with no opposition. This ordinance will be published in the September 19, 2019 issue of the Hunterdon County Democrat, and the public hearing is set for the next regular Township Committee meeting on October 10, 2019 at 7:30pm. SPECIAL COMMITTEE REPORTS- NONE

UNFINISHED BUSINESS- NONE

NEW BUSINESS (9:18:47)

RESOLUTION #125-19 RESOLUTION OF THE TOWNSHIP OF EAST AMWELL AMENDING ITS AFFIRMATIVE MARKETING PLAN PURSUANT TO NEW JERSEY UNIFORM HOUSING AFFORDABILITY CONTROLS (U.H.A.C.) AND EAST AMWELL TOWNSHIP'S COMMITMENT TO AFFIRMATIVE MARKETING OF AFFORDABLE HOUSING WHEREAS, the Township of East Amwell has filed a Declaratory Judgment Action in the Superior Court of New Jersey, Hunterdon County, in furtherance of the Supreme Court’s March 10, 2015, decision captioned In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (the “Supreme Court Decision”), which was assigned to the Honorable Thomas C. Miller P.J. Cv.; and

WHEREAS, in furtherance of compliance with the Court’s directives in the Declaratory Judgment Action, the Township adopted an Affirmative Marketing Plan in accordance with the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26-1, et seq. by resolution 111-18 dated September 13, 2018; and

WHEREAS, the Court entered a Judgment of Compliance and Repose dated February 27, 2018 in favor of the Township setting forth certain conditions to be met; and

WHEREAS, one of those conditions was that the Township amend its Affirmative Marketing Plan in accordance with recommendations from the Special Master assigned to the Township’s Declaratory Judgment Action.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon that its Affirmative Marketing Plan be amended and replaced with the following:

Affirmative Marketing Plan A. All affordable housing units in the Township of East Amwell shall be marketed in accordance with the provisions herein. B. The Township of East Amwell has a Prior Round Obligation and a Third Round Obligation covering the years from 1999-2025. This Affirmative Marketing Plan shall apply to all developments that contain or will contain very low-, low-and moderate- income units, including those that are part of the Township's Prior Round Fair Share Plan and its current Fair Share Plan and those that may be constructed in future developments not yet anticipated by the Fair Share Plan. C. The Affirmative Marketing Plan shall be implemented by one or more Administrative Agent(s) designated by and/or under contract to the Township of Independence. All of the costs of advertising and affirmatively marketing affordable housing units shall be borne by the developers/sellers/owners of affordable unit(s), and all such advertising and affirmative marketing shall be subject to approval and oversight by the designated Administrative Agent. D. In implementing the Affirmative Marketing Plan, the Administrative Agent, acting on behalf of the Township of East Amwell, shall undertake, at the minimum, all of the following strategies: 1. Publication of an advertisement in one or more newspapers of general circulation within the housing region. 2. Posting of an advertisement on the Township of East Amwell’s official municipal website. 3. At least one additional regional marketing strategy using one of the other sources listed below. E. The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Region 3 Housing Region in which the municipality is located and covers the entire period of the deed restriction for each restricted housing unit. The Township of East Amwell is located in COAH Housing Region 3, consisting of Hunterdon, Middlesex, and Somerset Counties. F. The Affirmative Marketing Plan is a continuing program intended to be followed throughout the entire period of restrictions and shall meet the following requirements: 1. All newspaper articles, announcements and requests for applications for very low, low-, and moderate-income units shall appear in the Hunterdon County Democrat. 2. The primary marketing shall take the form of at least one press release and a paid display advertisement in the above newspapers once a week for four consecutive weeks. Additional advertising and publicity shall be on an "as needed" basis. The developer/owner shall disseminate all public service announcements and pay for display advertisements. The developer/owner shall provide proof of all publications to the Administrative Agent. All press releases and advertisements shall be approved in advance by the Administrative Agent. 3. The advertisement shall include a description of the: a. Location of the units; b. Directions to the units; c. Range of prices for the units; d. Size, as measured in bedrooms, of units; e. Maximum income permitted to qualify for the units; f. Location of applications; g. Business hours when interested households may obtain an application; and h. Application fees. G. Applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program shall be available/posted in the following locations: 1. East Amwell Township Municipal Building 2. East Amwell Township Web Site 3. Developer's Sales/Rental Offices 4. Hunterdon County Library Headquarters Branch, Flemington, NJ Applications shall be mailed by the Administrative Agent and Municipal Housing Liaison to prospective applicants upon request. Also, applications shall be available at the developer's sales/rental office.

H. The Administrative Agent shall develop, maintain and update a list of community contact person(s) and/or organizations(s) in Hunterdon, Middlesex, and Somerset Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region, including major regional employers identified in Attachment A, Part III, Marketing, Section 3e of COAH's Affirmative Fair Housing Marketing Plan for Affordable Housing in Region 3 (attached to and hereby made part of this Resolution) as well as the following entities: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, NORWESCAP, the Supportive Housing Association, the New Jersey Housing Resource Center and the Central Jersey Housing Resource Center. 1. Quarterly informational circulars and applications shall be sent to the administrators of each of the following agencies within the counties of Hunterdon, Middlesex, and Somerset: Welfare or Social Service Board (via the Director) Rental Assistance Office (local office of DCA) County Office on Aging

2. Quarterly informational circulars and applications shall be sent to the chief personnel administrators of all of the major employers within the region, as listed on Attachment A, Part III, Marketing, Section 3e (attached to and hereby made part of this Resolution). 3. In addition, specific notification of the availability of affordable housing units in Independence shall be provided to the following entities: Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002), the New Jersey State Conference of the NAACP, the Latino Action Network (P.O. Box 943, Freehold, NJ 07728, East Orange NAACP (P.O. Box1127, East Orange, NJ 07019), Newark NAACP (P.O. Box 1262, Newark, NJ 07101, Morris County NAACP (P.O. Box 2256, Morristown, NJ 07962), and Elizabeth NAACP (P.O. Box 6732, Elizabeth, NJ 07206). I. The following is a listing of community contact person(s) and/or organizations in Hunterdon, Middlesex, and Somerset Counties that will aid in the affirmative marketing program and provide guidance and counseling services to prospective occupants of very low-, low- and moderate-income units: 1. Central Jersey Housing Resource Center, 600 First Avenue, Suite 3, Raritan, NJ 08869 2. Central New Jersey Community Action Program, Inc. (NORWESCAP), 350 Marshall Street, Phillipsburg, NJ 08865 J. A random selection method to select occupants of very low-, low- and moderate- income housing will be used by the Administrative Agent, in conformance with N.J.A.C. 5:80-26.16 (l). The Affirmative Marketing Plan shall provide a regional preference for very low-, low- and moderate-income households that live and/or work in COAH Housing Region 3, comprised of Hunterdon, Middlesex, and Somerset Counties. Pursuant to the New Jersey Fair Housing Act (C.52:27D-311), a preference for very low- , low- and moderate-income veterans duly qualified under N.J.A.C. 54:4-8.10 may also be exercised, provided an agreement to this effect has been executed between the developer or landlord and the Township prior to the affirmative marketing of the units. K. The Administrative Agent shall administer the Affirmative Marketing Plan. The Administrative Agent has the responsibility to income qualify very low-, low- and moderate-income households; to place income eligible households in very low-, low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of very low-, low- and moderate-income units with income qualified households; to continue to qualify households for re-occupancy of units as they become vacant during the period of affordability controls; to assist with outreach to very low-, low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C 5:80-26-1, et seq. L. The Administrative Agent shall provide or direct qualified very low-, low- and moderate-income applicants to counseling services on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law and shall develop, maintain and update a list of entities and lenders willing and able to perform such services. M. All developers/owners of very low-, low- and moderate-income housing units shall be required to undertake and pay the costs of the marketing of the affordable units in their respective developments, subject to the direction and supervision of the Administrative Agent. N. The implementation of the Affirmative Marketing Plan for a development that includes affordable housing shall commence at least 120 days before the issuance of either a temporary or permanent certificate of occupancy. The implementation of the Affirmative Marketing Plan shall continue until all very low-, low- and moderate-income housing units are initially occupied and for as long as the affordable units remain deed restricted such that qualifying new tenants and/or purchasers continues to be necessary. O. The Administrative Agent shall provide the Affordable Housing Liaison with the information required to comply with monitoring and reporting requirements pursuant to N.J.A.C.5:80-26-1, et seq.

AFFIRMATIVE FAIR HOUSING MARKETING PLAN For Affordable Housing in (REGION 3)

I. APPLICANT AND PROJECT INFORMATION (Complete Section I individually for all developments or programs within the municipality.) 1a. Administrative Agent Name, Address, 1b. Development or Program Name, Phone Number Address

1c. 1d. Price or Rental Range 1e. State and Federal Number of Affordable Funding Sources (if any) Units: From

Number of Rental Units: To

Number of For-Sale Units:

1f. 1g. Approximate Starting Dates □ Age Restricted Advertising: Occupancy: □ Non-Age Restricted

1h. County 1i. Census Tract(s): Hunterdon, Middlesex, Somerset

1j. Managing/Sales Agent’s Name, Address, Phone Number

Not known at this time.

1k. Application Fees (if any):

(Sections II through IV should be consistent for all affordable housing developments and programs within the municipality. Sections that differ must be described in the approved contract between the municipality and the administrative agent and in the approved Operating Manual.)

II. RANDOM SELECTION

2. Describe the random selection process that will be used once applications are received.

Income qualified individuals’ names on waiting list will be given first priority. If no waiting list, names will be drawn at random by Administrative Agent if more than one qualified person/household is identified. III. MARKETING 3a. Direction of Marketing Activity: (indicate which group(s) in the housing region are least likely to apply for the housing without special outreach efforts because of its location and other factors) □ White (non-Hispanic X Black (non-Hispanic) X Hispanic □ American Indian or Alaskan Native X Asian or Pacific Islander □ Other group:

3b. HOUSING RESOURCE CENTER (www.njhousing.gov) A free, online listing of affordable housing

3b. Commercial Media (required) (Check all that applies)

DURATION & FREQUENCY OF NAMES OF REGIONAL OUTREACH NEWSPAPER(S) CIRCULATION AREA

TARGETS ENTIRE COAH REGION 3

Daily Newspaper

□ Star-Ledger

TARGETS PARTIAL COAH REGION 3

Daily Newspaper

Middlesex, Somerset, Home News Tribune □ Union

Courier News Somerset and Hunterdon □

Weekly Newspaper

□ Beacon Hunterdon

□ Delaware Valley News Hunterdon

Hunterdon County X Democrat / Hunterdon Hunterdon Observer

□ Hunterdon Review Hunterdon

□ Amboy Beacon Middlesex

□ Colonia Corner Middlesex

□ Cranbury Press Middlesex

□ East Brunswick Sentinel Middlesex

□ Edison Sentinel Middlesex

□ South Brunswick Post Middlesex

□ South Plainfield Observer Middlesex

□ Suburban, The Middlesex □ Princeton Packet Middlesex, Somerset

□ Sentinel, The Middlesex, Somerset

Atom Tabloid & Citizen □ Middlesex, Union Gazette

□ Parsippany Life Morris

□ Echoes Sentinel Morris, Somerset

□ Bernardsville News Somerset

□ Branchburg News Somerset

□ Chronicle Somerset

□ Hills-Bedminster Press Somerset

□ Hillsborough Beacon Somerset

□ Manville News Somerset

□ Messenger-Gazette Somerset

□ Reporter Somerset

□ Somerset Spectator Somerset

Monthly Newspaper

About Our □ Middlesex, Somerset Town/Community News

CIRCULATION AREA DURATION & AND/OR RACIAL/ETHNIC FREQUENCY OF NAMES OF REGIONAL TV IDENTIFICATION OF OUTREACH STATION(S) READERS/AUDIENCE

TARGETS ENTIRE COAH REGION 3

2 WCBS-TV □ Cbs Broadcasting Inc.

3 KYW-TV □ Cbs Broadcasting Inc.

4 WNBC □ NBC Telemundo License Co. (General Electric)

5 WNYW □ Fox Television Stations, Inc. (News Corp.)

6 WPVI-TV American Broadcasting □ Companies, Inc (Walt Disney)

7 WABC-TV American Broadcasting □ Companies, Inc (Walt Disney) 9 WWOR-TV □ Fox Television Stations, Inc. (News Corp.)

10 WCAU □ NBC Telemundo License Co. (General Electric)

11 WPIX □ Wpix, Inc. (Tribune)

12 WHYY-TV □ Whyy, Inc.

13 WNET □ Educational Broadcasting Corporation

17 WPHL-TV □ Tribune Company

31 WPXN-TV □ Paxson Communications License Company, Llc

35 WYBE Independence Public □ Media Of Philadelphia, Inc.

39 WLVT-TV Lehigh Valley Public □ Telecommunications Corp.

41 WXTV Wxtv License Partnership, □ G.p. (Univision Communications Inc.)

48 WGTW-TV □ Trinity Broadcasting Network

50 WNJN □ New Jersey Public Broadcasting Authority

52 WNJT □ New Jersey Public Broadcasting Authority

57 WPSG □ Cbs Broadcasting Inc.

58 WNJB □ New Jersey Public Broadcasting Authority

61 WPPX □ Paxson Communications License Company, Llc

63 WMBC-TV □ Mountain Broadcating Corporation 65 WUVP-TV □ Univision Communications, Inc.

□ 68 WFUT-TV Univision New York Llc Spanish

TARGETS PARTIAL COAH REGION 3

16 WNEP-TV □ New York Times Co. Hunterdon

46 W46BL □ Maranatha Broadcasting Company, Inc. Hunterdon

51 WTVE Hunterdon □ Reading Broadcasting, Inc (Christian)

25 W25BB □ New Jersey Public Broadcasting Authority Hunterdon, Middlesex

22 WYOU □ Nexstar Broadcasting, Inc Hunterdon, Somerset

28 WBRE-TV □ Nexstar Broadcasting, Inc. Hunterdon, Somerset

44 WVIA-TV □ Ne Pa Ed Tv Association Hunterdon, Somerset

56 WOLF-TV □ Wolf License Corp Hunterdon, Somerset

60 WBPH-TV □ Sonshine Family Television Corp Hunterdon, Somerset

69 WFMZ-TV □ Maranatha Broadcasting Company, Inc. Hunterdon, Somerset

29 WTXF-TV □ Fox Television Stations, Inc. (News Corp.) Middlesex, Somerset

47 WNJU □ NBC Telemundo License Co. (General Electric) Middlesex, Somerset

66 WFME-TV □ Family Stations of New Middlesex, Somerset Jersey, Inc. (Christian)

25 WNYE-TV New York City Dept. Of □ Info Technology & Telecommunications Somerset DURATION & FREQUENCY OF NAMES OF CABLE OUTREACH PROVIDER(S) BROADCAST AREA

TARGETS PARTIAL COAH REGION 3

Comcast of Northwest NJ, Partial Hunterdon □ Southeast Pennsylvania

Patriot Media & Partial Hunterdon, □ Communications Somerset

Service Electric Cable TV Partial Hunterdon □ of Hunterdon

Cablevision of Raritan Partial Middlesex, □ Valley Somerset

Comcast of Central NJ, Partial Middlesex □ NJ (Union System)

Comcast of Plainfield Partial Middlesex, □ Somerset

BROADCAST AREA DURATION & AND/OR RACIAL/ETHNIC FREQUENCY OF NAMES OF REGIONAL IDENTIFICATION OF OUTREACH RADIO STATION(S) READERS/AUDIENCE

TARGETS ENTIRE COAH REGION 3

□ WFAN 660

□ WOR 710

□ WABC 770

□ WCBS 880

□ WBBR 1130

□ WWTR 1170

□ WTTM 1680 Spanish, Asian, etc.

□ WFNY-FM 92.3

□ WPAT-FM 93.1 Spanish

□ WNYC-FM 93.9

□ WPST 94.5

□ WFME 94.7

□ WPLJ 95.5

□ WQXR-FM 96.3

□ WQHT 97.1 Spanish □ WSKQ-FM 97.9

□ WRKS 98.7

□ WAWZ 99.1 Christian

□ WBAI 99.5

□ WPHI-FM 100.3

□ WCBS-FM 101.1

□ WKXW-FM 101.5

□ WQCD 101.9

□ WNEW 102.7

□ WPRB 103.3

□ WKTU 103.5

□ WWPR-FM 105.1

□ WDAS-FM 105.3

□ WLTW 106.7

TARGETS PARTIAL COAH REGION 3

□ WFIL 560 Hunterdon

□ WIP 610 Hunterdon

□ WAEB 790 Hunterdon

□ WCHR 1040 Hunterdon

□ WGPA 1100 Hunterdon

□ WEEX 1230 Hunterdon

□ WKAP 1470 Hunterdon

□ WRNJ 1510 Hunterdon

□ WWJZ 640 Hunterdon, Middlesex

□ WPHY 920 Hunterdon, Middlesex

□ WPHT 1210 Hunterdon, Middlesex

□ WBUD 1260 Hunterdon, Middlesex

Middlesex □ WMCA 570 (Christian)

□ WIMG 1300 Middlesex

□ WCTC 1450 Middlesex, Somerset

□ WRTI 90.1 Hunterdon

□ WCVH 90.5 Hunterdon □ WHYY-FM 90.9 Hunterdon

□ WXTU 92.5 Hunterdon

□ WAEB-FM 104.1 Hunterdon

□ WFKB 107.5 Hunterdon

□ WMMR 93.3 Hunterdon, Middlesex

□ WYSP 94.1 Hunterdon, Middlesex

□ WBEN-FM 95.7 Hunterdon, Middlesex

□ WRDW-FM 96.5 Hunterdon, Middlesex

□ WOGL 98.1 Hunterdon, Middlesex

□ WUSL 98.9 Hunterdon, Middlesex

□ WIOQ 102.1 Hunterdon, Middlesex

□ WMGK 102.9 Hunterdon, Middlesex

□ WJJZ 106.1 Hunterdon, Middlesex

Hunterdon, Middlesex □ WKDN 106.9 (Christian)

Hunterdon, Middlesex, □ WAXQ 104.3 Somerset

□ WNTI 91.9 Hunterdon, Somerset

□ WZZO 95.1 Hunterdon, Somerset

□ WCTO 96.1 Hunterdon, Somerset

□ WLEV 100.7 Hunterdon, Somerset

□ WNJT-FM 88.1 Middlesex

□ WRSU-FM 88.7 Middlesex

□ WWFM 89.1 Middlesex

□ WWPH 107.9 Middlesex

□ WDVR 89.7 Middlesex, Somerset

□ WVPH 90.3 Middlesex, Somerset

□ WMGQ 98.3 Middlesex, Somerset

□ WBLS 107.5 Middlesex, Somerset

3d. Other Publications (such as neighborhood newspapers, religious publications, and organizational newsletters) (Check all that applies)

RACIAL/ETHNIC IDENTIFICATION OF NAME OF READERS/AUDIEN PUBLICATIONS OUTREACH AREA CE

TARGETS ENTIRE COAH REGION 3 Weekly

Nuestra Central/South Communidad Jersey Spanish-Language

Monthly

North Jersey/NYC □ Sino Monthly area Chinese-American

TARGETS PARTIAL COAH REGION 3

Daily

Bergen, Essex, Hudson, Portuguese- □ 24 Horas Middlesex, Language Passaic, Union Counties

Weekly

Arab Voice North Jersey/NYC □ Arab-American Newspaper area

Catholic □ Essex County area Catholic Advocate, The

Hudson, Union, □ La Voz Middlesex Cuban community Counties

Amerika Magyar Nepszava Central/North Hungarian- □ (American Jersey Language Hungarian Peoples' Voice)

Northern and New Jersey □ Central New Jewish Jewish News Jersey

Nuestra Central/South Spanish-Language □ Communidad Jersey

□ Desi NJ Central Jersey South Asian

Ukrainian □ Ukrainian Weekly New Jersey Community

3e. Employer Outreach (names of employers throughout the housing region that can be contacted to post advertisements and distribute flyers regarding available affordable housing) (Check all that applies)

NAME OF LOCATION EMPLOYER/COMPANY

Hunterdon County Merck & Co 1 Merck Dr, Whitehouse Station

Hunterdon Medical Center 2100 Wescott Drive Flemington, NJ 08822

Foster Wheeler Perryville Corporate Park Clinton, NJ , 08809-4000

ChubbInsurance co. 202 Halls Mill Rd Whitehouse Station, NJ 08889

Exxonmobil Research & Engineering 1545 US Highway 22 E Annandale, NJ 08801

New York Life 110 Cokesbury Rd, Lebanon

Middlesex County

Bristol-Myers Squibb 1 Squibb Dr, New Brunswick, nj 08901

Merrill Lynch & Company 800 Scudders Mill Rd, Plainsboro

Johnson & Johnson 1 Johnson & Johnson Plaza

Prudential Insurance Company 44 Stelton Rd # 130, Piscataway

Robert Wood Johnson University Hospital 1 Robert Wood Johnson Pl, New Brunswick, NJ 08901

Silverline Building Products 207 Pond Ave Middlesex, NJ 08846

St. Peter’s University Hospital 254 Easton Ave, New Brunswick

Telcordia Technology 444 Hoes Ln, Piscataway

J.F.K. Medical Center 65 James Street Edison, NJ 08818

Raritan Bay Medical Center 530 New Brunswick Av Perth Amboy, NJ 08861

405 Main St, Woodbridge and 679 Convery Blvd, Perth Amerada Hess Corporation Amboy

Dow Jones & Company 54 Eddington LN, Monroe Twp

Siemens AG 755 College Rd E, Princeton

AT&T 1 Highway Ter, Edison

Engelhard Corporation 101 Wood Ave S, Metuchen

Somerset County

AT&T 1414 Campbell St Rahway

ABC Limousine 574 Ferry St Newark

Bloomberg LP 1350 Liverty Ave Hillside

Courier News 1091 Lousons Road PO Box 271 Union, NJ

Emcore Corp 800 Rahway Ave Union, NJ

Ethicon Inc 1515 West Blancke Street Bldgs 1501 and 1525 Linden, NJ

Fedders Corp 27 Commerce Drive Cranford, nj

ICI Americas Inc. 450 West First Ave Roselle,nj ITW Electronic Componenet Packaging 600 Mountain Ave Murray Hill,NJ

Johnson & Johnson 1 Merck Drive PO Box 2000 (RY60-200E) Rahway, NJ

Tekni-Plex Inc. 865 Stone Street Rahway, NJ

Ortho-Clinical Diagnostics Inc 1401 Park Ave South Linden

Hooper Holmes Inc 170 Mount Airy Rd. Basking Ridge, NJ 07920

3e. Community Contacts (names of community groups/organizations throughout the housing region that can be contacted to post advertisements and distribute flyers regarding available affordable housing)

Name of Outreach Area Racial/Ethnic Duration & Group/Organization Identification of Frequency of Readers/Audience Outreach

Fair Share Housing State of NJ Website Center

NJ Conference NAACP State of NJ, African American Website Trenton

Supportive Housing Statewide, Special needs Website Assn. Cranford

Central NJ Hsg.Resource Central NJ, Low-/Mod- Website Ctr. Raritan families

NORWESCAP Central NJ Low-/Mod- Website families

Latino Action Network Statewide, Latino Website Freehold

IV. APPLICATIONS

Applications for affordable housing for the above units will be available at the following locations:

4a. County Administration Buildings and/or Libraries for all counties in the housing region (list county building, address, contact person) (Check all that applies)

BUILDING LOCATION

75 Bayard, New Brunswick, NJ 08903 □ Middlesex County Administration Bldg

20 Grove Street, Somerville, NJ 08876 □ Somerset County Admin. Bldg

1 Vogt Drive, Bridgewater, NJ 08807 □ Somerset County Library Headquarters

314 State Highway 12, Flemington, NJ X Hunterdon County Library Headquarters 08822

4b. Municipality in which the units are located (list municipal building and municipal library, address, contact person)

East Amwell Township, 1070 Route 202, Ringoes, NJ 08551 4c. Sales/Rental Office for units (if applicable)

V. CERTIFICATIONS AND ENDORSEMENTS

I hereby certify that the above information is true and correct to the best of my knowledge. I understand that knowingly falsifying the information contained herein may affect the (select one: Municipality’s Court Judgment of Compliance COAH substantive certification or DCA Balanced Housing Program funding or HMFA UHORP/MONI funding).

Joanna Slagle, PP/AICP ______Name (Type or Print)

Planner, East Amwell Township, NJ ______Title/Municipality

______Signature Date

______Krista Parsons, Acting Municipal Clerk

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to approve the resolution was unanimously approved with no opposition. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

RESOLUTION FOR AFFORDABLE HOUSING TRUST FUND SPENDING PLAN

Township of East Amwell Hunterdon County Affordable Housing Trust Fund Spending Plan RESOLUTION #126-19

OVERVIEW

East Amwell Township has enacted a development fee ordinance that was approved by the Council on Affordable Housing (COAH) on November 16, 1995. Subsequent revisions to the Township’s development fee ordinance were adopted on February 27, 2018 and approved by the Superior Court by Order entered on August 8, 2019.. This spending plan is prepared in accordance with N.J.A.C. 5:94-6.2(c) and 6.5 and includes the following: 1. Projection of revenues anticipated from imposing fees on development, based on actual proposed and approved developments and historic rate of development activity.

2. A description of the administrative mechanism that the municipality will use to collect and distribute revenues.

3. A description of the anticipated use of all development fees, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, pursuant to N.J.A.C. 5:94-6.12, repayment of loans for rehabilitation or affordability assistance, and voluntary contributions.

4. A schedule for the creation and/or rehabilitation of housing units.

5. If the municipality is including a municipally sponsored or 100 percent affordable program, a new construction alternative living arrangement or an affordable housing partnership program, a pro-forma statement of the anticipated costs and revenues associated with the development.

6. The manner in which the municipality will address any expected or unexpected shortfall if the anticipated revenues from development fees are not sufficient to implement the plan.

At present, East Amwell Township has $82,879.57 in its affordable housing trust fund. All development fees collected and interest generated by the fees are deposited in a separate interest- bearing account in Northfield Bank for the purposes of affordable housing.

This document is organized into five sections that address the standard information required by N.J.A.C. 5:97-8.10. A process describing the collection and distribution procedures for barrier free escrow funds pursuant to N.J.A.C. 5:97-8.5 is detailed separately within the Affordable Housing Ordinance.

East Amwell Township filed a Declaratory Judgment Action in the Superior Court of New Jersey, Hunterdon County, in furtherance of the Supreme Court’s March 10, 2015, decision captioned In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (the “Supreme Court Decision”). The Township entered into a Settlement Agreement with Fair Share Housing Center (FSHC) dated February 27, 2018 (the “Settlement Agreement”) setting forth its Third Round affordable housing obligations. Pursuant to the Settlement Agreement and orders issued in the Declaratory Judgment Action, East Amwell Township has prepared a Housing Element and Fair Share Plan that addresses its regional fair share of the affordable housing need in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Fair Housing Act (N.J.S.A. 52:27D-301) and the regulations of the Council on Affordable Housing (COAH) (N.J.A.C. 5:93-1 et seq. and N.J.A.C. 5:92 et seq.). Such Plan was adopted by the Township Planning Board on August 8, 2018, endorsed by the Township Committee on September 13, 2018, and approved by the Superior Court by Order dated April 19, 2018. A development fee ordinance creating a dedicated revenue source for affordable housing was originally approved by COAH on September 6, 1995. On September 23, 2009 an amended development fee ordinance was approved by COAH and adopted by the municipality on November 12, 2009. The development fee ordinance was amended and adopted by the Township Committee on ____ to reflect the Court's jurisdiction rather than COAH's. The ordinance establishes the East Amwell Township affordable housing trust fund for which this spending plan is prepared. All development fees, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, and interest generated by the fees are deposited in a separate interest-bearing affordable housing trust fund in Northfield Bank for the purposes of affordable housing. These funds shall be spent in accordance with N.J.A.C. 5:97-8.7-8.9 as described in the sections that follow.

East Amwell Township petitioned COAH for substantive certification on or about July 28, 1995 and received approval to maintain an affordable housing trust fund on September 6, 1995. Thereafter, the Township adopted its development fee ordinance on November 16, 1995. As of May 1, 2018, East Amwell Township has collected $322,167.35 in developer fees and accrued $16,411.93 in interest for a total of $338,579.28. The Township has expended $255,699.71 to date on affordable housing activities, resulting in the current balance of $82,879.57, which is outlined in Table 1. A breakdown of the expenditures to date is outlined in Table 2.

Table 1: Housing Trust Fund Overview

Category Amount

Total Income $338,579.28

Administrative Costs $63,574.42

Affordability Assistance $7,500

Housing Activity $184,625.29

Total Expenditures $255,699.71

Balance $82,879.57

Table 2: Expenditures to date

Category Expenditure

Affordability Assistance (homeownership) 7,500

RCA Carteret 11,200

Market to affordable 2,975 Rehabilitation 149,315.55

NORWESCAP $59,000

SAFE $90,315.55

Supportive and Special Needs Housing (SAFE) 21,134.74

Administration 63,574.42

Total Expenditures 255,699.71

As identified in Table 2, the majority of the housing trust fund has been expended on rehabilitation programs, with most contributing the structural and major system repairs at SAFE, which required extensive upgrades when the building was originally occupied and to continue its ongoing maintenance. Such funds went to plumbing, HVAC repairs and maintenance, roofing and siding, and septic tank maintenance and repair. NORWESCAP was contracted by East Amwell to administer the Township rehabilitation program and utilized $59,000 to that program. Finally, the Township expended $11,200 to the City of Carteret in 2001 as part of the Township's second round plan RCA contribution.

The Township has expended $63,574.42 in administrative costs since 1995. The Township administrative costs allowable under the 20% cap is 65,475.80, leaving $1,901.38 available for future administrative cost until such time as additional development fees are collected and expended. These costs included consultant fees for the preparation of Housing Element and Fair Share Plans, legal fees for activities related to affordable housing administration, office supplies for the municipal housing liaison role, appraisal reports, and annual contract fee for the contracted affordable housing liaison and administrative agent contracted by the Township.

1. REVENUES FOR CERTIFICATION PERIOD

To calculate a projection of revenue anticipated during the period of third round substantive certification, East Amwell Township considered the following:

(a) Development fees projected on the basis of fees paid over the preceding 10 years.

(b) Payment in lieu (PIL) (not anticipated).

(d) Other funding sources (not anticipated)

(e) Projected interest at the rate of 1.5%.

For the 10 year period beginning in 2008 through the end of 2017, development fees collected totaled $177,593.11, reflecting average annual development fee revenues of roughly $17,759.30. Assuming a similar rate of accrual between the beginning of 2018 and July 1, 2025, the Township can anticipate an additional $135,195.20

East Amwell's compliance plan provides for new inclusionary residential zoning to meet the Township’s affordable housing obligation (Table 3). Residential developments that include an affordable housing set-aside are not required to pay development fees (except in a mixed use context, where the Statewide Non-residential Fee requirement would be applicable to the nonresidential portion of the development only). No other major residential or non-residential development is anticipated in the foreseeable future. Table 3: Third Round Affordable Housing Mechanisms

Affordable Housing Mechanism Units of Credit

Women’s Crisis Center Group Home (Rental). Prior round 1 surplus.

Bonus Credits for Group Home. Prior round surplus 1

Block 42, Lot 12.01 (Approved Apartment -Family Rental 1 Unit)

Bonus credit for Block 42, Lot 12.01

Accessory Apartment Program 2

Market to Affordable units completed 4

● Lot Block 11, Lot 11, 17 John Ringo Road

● Block 13 Lot 3, 17 Ironhorse Dr.

● Block 8, Lot 18, 1117 Old York Rd

● Block 41, Lot 20, 101 Snydertown Rd.

Inclusionary Zoning 89

Rental Bonuses 29

Total 128

Table 2

Projection of Development Fee Revenue and Interest 201 201 2020 202 202 202 202 2025 Total SOURC 8 9 1 2 3 4 E OF FUNDS

(a) Develop ment fees:

1. Approve d Develop ment

2. Develop ment Pending Approva l

3. $17, $17, $17, $17, $17, $17, $17, $8,8 $133,20 Projecte 760 760 760 760 760 760 760 80 0 d Develop ment fees

(b) Payment s in Lieu

(d) $26 $26 $266 $26 $26 $26 $26 $133 $1,995.2 Interest 6 6 6 6 6 6 .20 @1.5%

Total $18, $18, $18, $18, $18, $18, $18, $9,0 $135,19 026 026 026 026 026 026 026 13.2 5.20

East Amwell Township projects a total of $ 135,195.20 in development fee revenues to be collected between January 1, 2018 and July 1, 2025.

All interest earned on the account shall accrue to the account to be used only for the purposes of affordable housing.

2. ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS The following procedural sequence for the collection and distribution of development fee revenues shall be followed by East Amwell Township:

(a) Collection of development fee revenues:

Collection of development fee revenues shall be consistent with East Amwell Township’s Court-approved development fee ordinance for both residential and non-residential developments in accordance with COAH’s rules and P.L.2008, c.46, sections 8 (C. 52:27D-329.2) and 32-38 (C. 40:55D-8.1 through 8.7).

(b) Distribution of development fee revenues:

Distribution of development fees shall be based upon the Township’s Court-approved Spending Plan. Each expenditure shall be authorized by a Resolution of the Governing Body prior to issuance of the funds by the Finance Office to the Administrative Agent for distribution.

3. DESCRIPTION OF ANTICIPATED USE OF AFFORDABLE HOUSING FUNDS

(a) Rehabilitation and new construction programs and projects (N.J.A.C. 5:93-8.16)

East Amwell does not have a Rehabilitation Share at this time and the Township has not proposed a rehabilitation program as part of the Round 3 compliance plan.

(b) Affordability Assistance (N.J.A.C. 5:93-8.16)

Table 4 Affordability Assistance

Housing Trust Fund Balance as of January 1, 2018 $ 82,879.57

Development fees projected for 2018-2025 + $ 133,200

Interest projected for 2018-2025 + $ 1,995.2

Total = $ 218,074.77

30 percent requirement x 0.30 = $ 65,422.43

PROJECTED MINIMUM Affordability Assistance = $ 65,422.43 Requirement 1/1/2018 through 7/1/2025

PROJECTED MINIMUM Very Low-Income Affordability ÷ 3 = $ 21,807.47 Assistance Requirement 1/1/2018 through 7/1/2025 As seen on Table 4, East Amwell Township will dedicate at least 30% of the total of future development fees and interest from the affordable housing trust fund to render units more affordable, a total currently estimated at $65,422. Additionally, one-third of this total, currently estimated at $21,807.40, will be used to render units more affordable to households earning 30 percent or less of regional median household income by household size.

First Month Rental Assistance

East Amwell will designate affordable housing trust funds for first month rental assistance Fund. A rental supplement from the fund will be received by an income eligible renter with good credit standing who qualifies for a low- or moderate-income rental unit. The first month rental assistance will be paid directly to the landlord by East Amwell on behalf of the tenant. Rental assistance does not need to be repaid by the tenant and be provided on a first-come, first-served basis and will be available in the form of a grant.

Security Deposit Assistance

East Amwell will designate affordable housing trust fund as a revolving Security Deposit Assistance Fund. An interest-free loan from the fund will be received by an income eligible renter with good credit standing who qualifies for a low- or moderate-income rental unit.

The security deposit assistance will be in the form of a cash loan equal to the security deposit amount determined by the landlord paid to the landlord on behalf of the tenant.

At the termination of the lease, the landlord will return the portion of the security deposit it determines to East Amwell along with the interest earned. The tenant will repay any difference between the original security deposit amount and the portion returned by the landlord. Funds returned to the municipality will be placed in the affordable housing trust fund to be used for future security deposit assistance.

Mortgage Buy-ins

The municipality has a loan program that will lend up to two months or less of mortgage payments in arrears, in order to forestall foreclosure.

The homeowner must be able to prove income-eligibility and, to the municipality’s satisfaction and approval, that hardship has existed. Homeowner also must prove that the hardship no longer exists and that ongoing fees will be paid on time every time from the date of the loan forward. If arrears occur again, the homeowner is in default and the municipality may call the loan due and payable immediately, without further notification. The loan has no prepayment penalty, and is due and payable upon the resale of the property, refinancing or any borrowing against the property, and/or foreclosure, whichever is first. This loan may be subordinated only to the primary mortgage. When calculating the borrowing capacity of the homeowner, this loan must be included. The homeowner must sign a mortgage and a mortgage note to the municipality.

The funds will be provided on a first-come, first-served basis and will be available in the form of a loan.

Capital Repairs for Write-Down Buy Down properties

Program Nu Fun PROJECTED EXPENDITURE SCHEDULE mbe ds r Expe 2019 -2025 ($) nded of and/ or Dedi Unit s cate d Proj ecte d

2019 201 202 202 202 202 202 202 Tot - 9 0 1 2 3 4 5 al 2025

Affordabi $17 $174, 24,9 24,9 24,9 24,9 24,9 24,9 24, $17 lity 4,45 459 22.7 22.7 22.7 22.7 22.7 22.7 922 4,4 Assistanc 9 1 1 1 1 1 1 .71 59 e Programs

First $10,0 1,42 1,42 1,42 1,42 1,42 1,42 1,4 $10 Month 00 8.57 8.57 8.57 8.57 8.57 8.57 28. ,00 Rental 57 0 Assistanc e

Security $10,0 1,42 1,42 1,42 1,42 1,42 1,42 1,4 $10 Deposit 00 8.57 8.57 8.57 8.57 8.57 8.57 28. ,00 Assistanc 57 0 e

Mortgage $54,4 7,77 7,77 7,77 7,77 7,77 7,77 7,7 $54 Buy-ins 59 9.85 9.85 9.85 9.85 9.85 9.85 79. ,45 85 9

Capital $80,0 11,4 11,4 11,4 11,4 11,4 11,4 11, $80 Repairs 00 28.5 28.5 28.5 28.5 28.5 28.5 428 ,00 for Write- 7 7 7 7 7 7 .57 0 Down Buy Down properties

$20,0 $10, $10, $20 00 000 000 ,00 Accessor 0 y Apartmen t Program

Administ ration

Administr $1,90 ation 1.38 The Township will dedicate funds to be utilized for capital repairs which may include, but not limited to, structural repairs, heating and cooling systems, and major appliance repair or replacement. Typically there is not enough equity in the unit to undertake such expensive projects and to maintain the unit in good for-sale condition. The homeowner must be able to prove income-eligibility and the necessity of the repairs or improvements, to the municipality’s satisfaction and approval. The loan has no prepayment penalty, and is due and payable upon the resale of the property, refinancing or any borrowing against the property.

Administrative expenditures are subject to a 20 percent cap. Currently the administrative cap is $65,475.80 of which at the time of reporting, 63,574.42 has been expended, leaving a balance of $1,901.38. East Amwell Township projects that, within the cap, $43,614.95 will be available from the affordable housing trust fund to be used for administrative purposes, however, until such time as development fees are collected, the Township will limit administrative costs to the capped remaining balance of $1,901.38. Administrative funds will be used:

1. Consultant services required for Fair Share Plan preparation & petition for substantive certification, including planning, legal and engineering.

2. Administrative entity for affordable housing plan implementation for compliance with regulations and COAH reporting and monitoring.

4. EXPENDITURE SCHEDULE

East Amwell Township intends to use at least 30% of affordable housing trust fund revenues for affordability assistance to aid in maintaining the affordability of for sale and rental units.

5. EXCESS OR SHORTFALL OF FUNDS

Excess funds above the amount necessary to satisfy the municipal affordable housing obligation will be used for administration (up to the 20% cap), affordability assistance and buy down programs.

East Amwell township does not anticipate there to be an excess of funds in the affordable housing trust fund after the affordable housing strategies in the Township’s September 2018 Fair Share Plan are implemented. In the event of excess funds, any remaining funds above the amount necessary to satisfy the municipal affordable housing obligation will be used for affordable housing activities that may be proposed by East Amwell Township and approved by the Court.

6. BARRIER FREE ESCROW

Collection and distribution of barrier free funds shall be consistent with East Amwell Township’s Affordable Housing Ordinance, as amended in 2018. At this time, the Township’s adopted development fee ordinance and proposed revised development fee ordinance contains no provisions for the collection of barrier free funds. Any modification or amendment to the ordinance for the collection and distribution of barrier free funds shall be subject to Court or Court Master approval.

SUMMARY East Amwell Township intends to spend affordable housing trust fund revenues pursuant to N.J.A.C. 5:97-8.7 through 8.9 and consistent with the housing programs outlined in the adopted Housing Element and Fair Share Plan, dated August 2018.

East Amwell Township has a balance of $82,879.57 as of January 1, 2018 and anticipates an additional $135,195.20 in revenues before the expiration of repose on July 1, 2025, for a total of $218,074.20. The municipality will dedicate at least 30 percent ($66,000) to render units more affordable, including $21,807.47 to render units more affordable to very low income households, and $43,614.95 for administrative costs. Since there are no housing programs in the Township’s compliance plan that will require the use of funding from the housing trust fund, there will be no need to cover any shortfall of funds. The municipality will dedicate excess funds toward affordability assistance, rental and mortgage assistance, write down buy down programs, supportive and special needs housing and administration (up to the 20% cap).

SPENDING PLAN SUMMARY

Balance as of January 1, 2018 $ 82,879.00

PROJECTED REVENUE July 18, 2008-2018

Development fees + $133,200.00

Payments in lieu of construction + $

Other funds + $

Interest + $ 1,995.20

TOTAL REVENUE = $218,074.20

EXPENDITURES (Affordability Assistance)

First Month Rental Assistance - $10,000

Security Deposit Assistance - $10,000 Mortgage Buy-ins - $36,000

Capital Repairs for Write-Down Buy - $80,000 Down properties

Supportive and Special Needs Housing - $38,459

Administration - $43,614.95*

TOTAL PROJECTED = 218,074.20 EXPENDITURES

= $0 EXCESS FUNDS FOR

ADDITIONAL HOUSING ACTIVITY

*Anticipated costs if development fees are collected. The cap of $1,901.38 will remain until such time as fees are collected.

______Krista Parsons, Acting Municipal Clerk

TOWNSHIP OF EAST AMWELL COUNTY OF HUNTERDON STATE OF NEW JERSEY

RESOLUTION #127-19

TAX EXEMPT FULLY DISABLED VETERAN

WHEREAS, the Tax Assessor of East Amwell Township has been shown proof and in accordance with the Tax Collector ascertains that Francis Feola, owner of Block 37, Lot 7, 12 Burd Lane in the Township of East Amwell, is a totally and permanently disabled veteran because of his service to the United States, and has been so declared by the Veteran’s Administration, and; WHEREAS, in accordance with N.J.S.A. 54:4-3.32, the governing body of any municipality may refund the amount of taxes collected on any property which would have been exempt from taxation and;

WHEREAS, taxes have been billed for 2019,

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey that Francis Feola be reimbursed in the amount of $2,344.36 for property tax billed since March 8, 2019, and;

BE IT FURTHERMORE RESOLVED, that the property be tax exempt from property tax as long as it is owned and occupied by Francis Feola or his surviving spouse in accordance with the continuance of the right to exemption beginning in 2020.

September 12, 2019

______Krista Parsons, Acting Municipal Clerk +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to approve the resolution was unanimously approved with no opposition. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ End of Probationary Employment for Krista Parsons, Zoning Officer

RESOLUTION #128-19 END OF PROBATIONARY PERIOD

BE IT RESOLVED by the Township Committee of the Township of East Amwell that Krista Parsons is hereby recommended for appointment to the position of Zoning Officer, following successful completion of her six-month probationary period, effective July 31, 2019.

By Order of the Township Committee,

______Richard Wolfe, Mayor

Mayor Wolfe and Deputy Mayor Mathews pointed out Ms. Parsons is doing a terrific job. There was also discussion regarding the Alternate Zoning Officer. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to approve the resolution was unanimously approved with no opposition. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ OPEN TO THE PUBLIC (9:25:18) Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to open to the public was unanimously approved with no opposition.

Alison Castellano 9 Prall Court, Ringoes, NJ- Ms. Castellano pointed out the Recycling Committee article that was published in the VIP was not what she sent in. Ms. Castellano also discussed the bike ride that was mentioned earlier in the announcements.

Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to close to the public was unanimously approved with no opposition. ADMINISTRATIVE REPORTS (9:31:30) Bills of the Evening - 08/08/19

Motion made by Deputy Mayor Mathews, seconded by Chris Sobieski to approve the bills of the evening was unanimously approved with no opposition.

CORRESPONDENCE (9:31:52) Mayor Wolfe discussed NJDEP notifications being listed on the agenda and if these type of letters should be listed on the agenda. This will be discussed at the next Township Committee meeting.

Deputy Mayor Mathews discussed observations he has witnessed on Linvale Road.

ADJOURNMENT Motion made by Chris Sobieski, seconded by Deputy Mayor Mathews to adjourn the meeting at 9:42:43 was unanimously approved with no opposition.

______Krista Parsons, Acting Municipal Clerk