Millburn Township Committee Meeting Minutes

December 20, 2016 Millburn Township Committee Meeting Minutes

Minutes of the Regular Meeting of the Township Committee of the Township of Millburn, in Essex County, New Jersey, held in Town Hall starting at 7:30 PM on the above date.

Mayor Bourke opened the meeting and read the following statement:

In accordance with Section 5 of the Open Meetings Act, Chapter 231, Public Laws, 1975, are advised that notice of this meeting was made by posting on the Bulletin Board, Town Hall, and serving the officially designated newspapers, a notice stating that this meeting would take place at the Town Hall at 7:30 PM on December 20, 2016.

Mayor Bourke asked all those present to stand for the Salute to the Flag.

Upon roll call, the following Committee members were recorded present: W. Theodore Bourke, Cheryl H. Burstein, Ian J. Mount, Jodi L. Rosenberg and Robert J. Tillotson.

Also present were Business Administrator Alexander McDonald, Township Attorney Christopher Falcon, Assistant Business Administrator Jimmy Homsi and Township Clerk Christine Gatti.

Approval of Agenda

Mayor Bourke asked for a motion to approve the agenda, which was offered by Mr. Mount and seconded by Ms Burstein.

Vote: All Ayes

Minutes

Mayor Bourke brought forth the minutes of November 14, 2016. Ms. Burstein made a motion to approve the minutes, which was seconded by Mr. Mount.

Vote: All Ayes

Mayor Bourke brought forth the minutes of a Special Meeting on November 14, 2016. Mr. Tillotson made a motion to approve the minutes, which was seconded by Ms. Rosenberg.

Vote: All Ayes

Reports

Mrs. Gatti announced the Reorganization meeting is scheduled for January 3, 2017.

Mayor Bourke gave an update regarding the Rahway River Coalition.

Mr. McDonald reviewed the new Pay by Plate parking system, which is scheduled to begin on January 3, 2017.

Mr. Mount spoke about the Cora Hartshorn Arboretum fundraising campaign.

Ms. Burstein spoke about a resolution before the Governing Body tonight, which addresses climate change and supported and recommended by the Millburn Environmental Commission.

December 20, 2016 Millburn Township Committee Meeting Minutes

Public Discussion

Mayor Bourke asked if there were any comments or questions regarding items on the Consent Agenda. Phil Kirsch, resident of Cedar Street, expressed his support of Consent Agenda Resolution 16-267 and thanked the Committee for putting it on the agenda. Mr. Tillotson asked about the expense attached to the resolution, to which Ms. Burstein replied that is for Congress to decide. Andrew Chalnick, resident of 10 Pine Terrace East, came forward and provided additional information regarding Consent Agenda Resolution 16-267 and also expressed his support.

Consent Agenda

Mayor Bourke noted that consent agenda Resolution 16-263 was going to be moved from the consent agenda so it could be discussed and considered separately.

Mayor Bourke asked for a motion to approve the items on the consent agenda. Ms. Burstein made a motion to approve the consent agenda, which was seconded by Ms. Rosenberg.

Roll Call Vote: All ayes

RESOLUTION 16-253 RESOLUTION TO APPROVE BILLS PAYABLE

RESOLVED that the Township Treasurer be and hereby is authorized to accept for payment and pay bills or items as they appear on Schedule dated December 20, 2016, in the following accounts:

General $971,244.36 Capital Fund 292,269.99 Parking Utility Operating Fund 4,890.03 Dog Fund Trust 700.00 Donation Trust Fund 360.00 Escrow Trust Fund 7,970.00 Police Off Duty Trust Fund 52,407.00 Waste Recycling Trust 4,095.00 PATFA II 1,969.00

TOWNSHIP OF MILLBURN RESOLUTION 16-254 AUTHORIZE THE REFUND OF TAX OVERPAYMENTS

NOW, THEREFORE BE IT RESOLVED that the Treasurer of the Township of Millburn be and he is hereby authorized and directed to the draw warrants to pay the payees listed below in the specified amounts;

BE IT FURTHER RESOLVED, that the following be processed between the 45th and 60th day from the date of the judgment;

Make check payable to: Type Amount

Michael A. Vespasiano Tax Appeal $11,083.58 Attorney Trust Account 2012 Taxes 331 Main St ($4,101.84) Chatham, NJ 07928 2013 Taxes Block 4205 Lot 13 ($6,981.74) 63 Dorison Drive

McGraw, W. Scott & Catherine D Tax Appeal $7,187.90 c/o Skoloff & Wolfe, PC 2016 Taxes

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293 Eisenhower Parkway (Over Collection) Livingston, NJ 07039 Block 2201 Lot 2 2 Minnisink Rd

Brach Eichler L.L.C. and Pampalone Tax Appeal $12,009.34 c/o Affiliated Mng Inc 2012 Taxes 101 Eisenhower Parkway ($2,970.04) Roseland, NJ 07068 2013 Taxes Block 1002 Lot 1 ($2,742.41) 271 Main Street 2014 Taxes ($3,080.45) 2015 Taxes ($3,216.44)

Michael A. Vespasiano Tax Appeal $5,919.26 Attorney Trust Account 2015 Taxes 331 Main St Chatham, NJ 07928 Block 2305 Lot 1 1 Washington Ave

Michael A. Vespasiano Tax Appeal $2,974.35 Attorney Trust Account 2014 Taxes 331 Main St ($955.58) Chatham, NJ 07928 2015 Taxes Block 1603 Lot 4 ($997.77) 22 The Crescent 2016 Taxes ($1,021.00) (Over Collection)

Michael A. Vespasiano Tax Appeal $9,820.38 Attorney Trust Account 2014 Taxes 331 Main St ($3,155.04) Chatham, NJ 07928 2015 Taxes Block 4001 Lot 16 ($3,294.33) 15 Princeton Terrace 2016 Taxes ($ 3,371.01) (Over Collection)

Michael A. Vespasiano Tax Appeal $3,961.49 Attorney Trust Account 2012 Taxes 331 Main St ($940.01) Chatham, NJ 07928 2013 Taxes Block 3006 Lot 26 ($957.33) 1 Taft Drive 2014 Taxes ($997.92) 2016 Taxes ($1,066.23) (Over Collection)

Michael A. Vespasiano Tax Appeal $3,181.60 Attorney Trust Account 2012 Taxes 331 Main St ($759.60) Chatham, NJ 07928 2013 Taxes

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Block 4604 Lot 14 ($773.60) 20 Richard Drive 2014 Taxes ($806.40) 2015 Taxes ($842.00)

Brach Eichler L.L.C. and Pampalone Tax Appeal $7,394.99 c/o Affiliated Mng Inc 2012 Taxes 101 Eisenhower Parkway ($1,828.74) Roseland, NJ 07068 2013 Taxes Block 906 Lot 19 ($1,688.38) 170 Main Street 2014 Taxes ($1,897.06) 2015 Taxes ($1,980.81)

John and Toula Halperin Tax Appeal $4,259.00 c/o Valerie Hofer Esq. Trust Account 2015 Taxes 120 Lebbie Lane ($2,105.00) Fairless Hills, PA 19030 2016 Taxes Block 4004 Lot 5 ($2,154.00) 18 Watchung Rd (Over Collection)

Angela Jupin Esq. Tax Appeal $6,080.74 Attorney Trust Account 2016 Taxes 201 Strykers Rd Ste 19-155 (Over Collection) Phillipsburg, NJ 08865 Block 2503 Lot 6 87 Old Hollow Rd

Angela Jupin Esq. Tax Appeal $5,385.00 Attorney Trust Account 2016 Taxes 201 Strykers Rd Ste 19-155 (Over Collection) Phillipsburg, NJ 08865 Block 3006 Lot 23 49 Adams Ave

RESOLUTION 16-255 RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDER

WHEREAS, at the Municipal Tax Sale held on November 22, 2016, a lien was sold on Block 2802 Lot 8, Tax Sale Certificate No. 2016-004 also known as 36 West Beechcroft Rd, Short Hills and assessed to Henry J. & Rosemary M. Kazmar for 2015 delinquent taxes; and,

WHEREAS, this lien was sold to Daxuan Wang for 0% interest on the certificate and a $125,100.00 premium; and

WHEREAS, Henry and Rosemary Kazmar have requested redemption on the above referenced parcel with Homecoming Title acting as the agent for their mortgage company;

NOW, THEREFORE BE IT RESOLVED, that the Treasurer of Millburn Township be authorized to issue two checks in the amounts of $25,386.35 for redemption of the lien and $125,100.00 for return of the premium. Each check payable to: Daxuan Wang, 11 Walnut Street, Livingston, NJ 07039.

Treasurer’s Note: 1099: $1,448.28

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RESOLUTION 16-256 RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDER

WHEREAS, at the Municipal Tax Sale held on November 22, 2016, a lien was sold on Block 1207 Lot 24, Tax Sale Certificate No. 2016-003 also known as 26 Whitney Rd, Short Hills and assessed to Sista, Anthony Michael/Normandy Mortgage for 2015 delinquent taxes; and,

WHEREAS, this lien was sold to Custodian for C & E Tax Lien Fund I for 0% interest on the certificate and a $100,000.00 premium; and

WHEREAS, Normandy Mortgage has requested redemption with Selene Finance acting as their agent;

NOW, THEREFORE BE IT RESOLVED, that the Treasurer of Millburn Township be authorized to issue two checks in the amounts of $6,612.59 for redemption of the lien and $100,000.00 for return of the premium. Each check payable to: Custodian for C & E Tax Lien Fund I

Treasurer’s Note: 1099: $1,838.74

RESOLUTION 16-257 AUTHORIZING THE PURCHASE OF A FIRE PUMPER TRUCK FROM THE HGAC BUY NATIONAL CO-OP N.J.A.C. 5:34-8.2

WHEREAS, the Township of Millburn, pursuant to N.J.A.C. 5:34-8.2, may by resolution purchase any goods or services from approve National Cooperative Purchasing Programs; and

WHEREAS, the Township of Millburn is a member of the HGAC Buy cooperative program; and

WHEREAS, the Township of Millburn is in a need of a new Fire Pumper; and

WHEREAS, the HGAC Buy offers a multitude of equipment and vehicles, including Fire Pumper Trucks; and

WHEREAS, it has been determined by the Millburn Fire Department that the Fire Pumper meets its needs and specifications for Fire Pumper Truck and is the most financially and economically beneficial truck to meet its’ needs; and

NOW, THEREFORE, BE IT RESOLVED, that the Township of Millburn approves the Purchase of a Fire Pumper Truck as provided under the HGAC, from Spartan ERV under HGAC contract number FS12- 15.

BE IT FURTHER RESOLVED that the appropriate township officials are authorized to execute the appropriate documents in order to proceed with the purchase of the truck.

RESOLUTION 16-258 AUTHORIZE APPLICATION FOR 2017 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

WHEREAS, certain Federal Funding will potentially be available for Essex County under Title I of the Housing and Community Development Act of 1974 as amended and supplemented, which Act is commonly known and referred to as the Community Development Block Grant Program; and

WHEREAS, the Township of Millburn is a member of the Essex County Community Development Block Grant Consortium; and

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WHEREAS, the Township of Millburn has the need and the desire for assistance under the Community Development Block Grant Program in order to improve essential services to the residents of the area, which qualifies for the assistance under the Act and Program as aforesaid;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn that the Township is hereby authorized to make application for the 2017 Program Year funding to construct barrier free access to the main entrance of the Millburn Public Library.

RESOLUTION 16-259 AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH FLANAGAN’S CONTRACTING GROUP, INC.

WHEREAS, a purchase order was prepared in the name of FLANAGAN’S CONTRACTING GROUP, INC., located 90 Old Camplain Road, Hillsborough, NJ 08844 under a locally bid contract for Millburn Township Streetscape Phase 1 (Complete Streets); and

WHEREAS, it is necessary to adjust the contract as follows;

Change Description Amount Net Amount of Order # Contract Additional work that includes the following: Concrete Roadway Removal, Nighttime Mill & 2 Pave, Additional Various Work, Traffic, Overtime $207,817.60 $4,129,280.95 and Materials

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn in the County of Essex, State of New Jersey as follows:

1. The procedures for this Change Order are in compliance with the Local Public Contract law as per the Chief Financial Officer. 2. Change Order Number 1 as described in the preamble is hereby approved. 3. The change order shall be charged to C-04-55-885-001-901. The Chief Financial Officer has determined that a Certification of Available Funds is necessary and made part of this Resolution.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign all appropriate contract amendment documents for the extension if required.

RESOLUTION 16-260 AUTHORIZING CHANGE ORDER NO. 3 TO THE CONTRACT WITH BOWMAN CONSULTING GROUP, LTD.

WHEREAS, a purchase order was prepared in the name of Bowman Consulting Group, LTD, located 54 Horsehill Road, Cedar Knolls, NJ 07927 under a professional services contract for owner’s representative during Complete Streets construction;

WHEREAS, it is necessary to adjust the contract as follows;

Change Description Amount Net Amount of Order # Contract

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Additional work that includes the following:

3 Construction will continue beyond the original $32,440.00 $139,288.83 contract date set with Bowman. The Township will continue the need for an owner’s representative to negotiate pay applications, change orders and other field conditions.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn in the County of Essex, State of New Jersey as follows:

4. The procedures for this Change Order are in compliance with the Local Public Contract law as per the Chief Financial Officer. 5. Change Order Number 1 as described in the preamble is hereby approved. 6. The change order shall be charged to C-04-55-885-001-901. The Chief Financial Officer has determined that a Certification of Available Funds is necessary and made part of this Resolution.

BE IT FURTHER RESOLVED that the appropriate township officials are hereby authorized to sign all appropriate contract amendment documents for the extension if required.

RESOLUTION 16-261 APPROVE AND RELEASE CERTAIN CLOSED SESSION MINUTES

BE IT RESOLVED that the following Closed Session minutes are hereby approved as to content; and BE IT FURTHER RESOLVED, that those indicated may be released to the public.

Meeting Date Closed Session Items Hold or Release 12/18/2012 Personnel Release

5/7/2013 Attorney-Client Privilege Hold 6/18/2013 Litigation Hold 7/10/2013 Litigation Hold Special 7/16/2013 Litigation Hold 8/20/2013 Litigation Hold 9/3/2013 Property Acquisition Release 9/16/2013 Litigation Hold 10/1/2013 Property Acquisition Release 10/15/2013 Litigation Hold 11/12/2013 Litigation Hold 12/3/2013 Personnel Release 12/17/2013 Litigation Hold 12/17/2013 Personnel Release 1/28/2014 Litigation Release 2/4/2014 Litigation Hold 2/18/2014 Pending or Anticipated Litigation Release 5/6/2014 Personnel Release 5/6/2014 Pending or Anticipated Litigation Hold 5/6/2014 Litigation Hold 12/2/2014 Personnel Release 12/16/2014 Personnel Release

December 20, 2016 Millburn Township Committee Meeting Minutes

RESOLUTION 16-262 APPROVING THE TEMPORARY EXTENSION OF EXISTING TOWING LICENSES

WHEREAS, Section 4-39 of the Township of Millburn Code regulates Vehicle Towing and Storage Services within the Township; and

WHEREAS, there are currently four applications for this service on file in the Township Clerks Office and the current term expires December 31, 2016; and

WHEREAS, the Police Department requires an extension of the current license term in order to allow adequate time for review of the current towing license ordinance, and to make appropriate recommended revisions to the current towing ordinance; and

WHEREAS, the Police Department requests that the current license term be extended to June 30, 2017 for the following tow operators:

Seton Towing Twin Towing C & L Towing Livingston Collision

WHEREAS, the extension of the current term is contingent upon the tow operators being in compliance with the Township of Millburn Code 4-39, including but not limited to submitting an updated Certificate of Insurance and providing signatures indicating understanding of the supplementary rules and regulations;

NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MILLBURN IN THE COUNTY OF ESSEX, NEW JERSEY, as follows:

1. The existing towing licenses held by the above four applicants shall be extended to June 30, 2017; and

2. This resolution shall take effect immediately.

RESOLUTION 16-264 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH MOTT MACDONALD FOR THE PERFORMANCE OF ENGINEERING SERVICES

WHEREAS, a Township is authorized to enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of a Township; and

WHEREAS, the Township is in need of the performance of engineering services in order to assess the feasibility of potentially developing certain athletic fields on lands within Millburn Township which are owned by the City of East Orange; and

WHEREAS, the Township has determined that such services should be performed by Mott MacDonald of Iselin, New Jersey consisting of site investigations, preliminary assessment, and conceptual design as set forth in its Proposal of December 14, 2016.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee in the Township of Millburn, County of Essex and State of New Jersey as follows:

1. The Township of Millburn hereby engages the professional services of Mott MacDonald to perform the services described in the proposal above set forth, in an amount not to exceed

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$17,400 without further approval of the Township Committee, and which has been reviewed by the Township Committee.

2. The Mayor and Township Clerk are authorized to execute a contract with Mott McDonald in accordance with the above provisions and in a form approved by the Township Attorney.

3. This Resolution shall be published in accordance with N. J. S. A. 40 A: 11 – 5 (1)(a)(i).

4. This Resolution shall take effect as provided by law.

RESOLUTION 16-265 RATIFY EMERGENCY APPROPRIATION FOR THE REPAIR OF THE MOHAWK PUMP STATION

WHEREAS, an emergency situation, which could not have been reasonably foreseen, developed with respect to the failure of the pump at the Mohawk Pump Station (Pump Station #2) located at 13 Slayton Drive, Short Hill; and

WHEREAS, the failure of the Mohawk Pump Station sanitary sewer pumps are in need of repair as due a pump failure; and

WHEREAS, the Township Engineer and Public Works Superintendent has deemed this to be an emergency due to the potential of a serious safety health hazard, and

WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-6, and regulations promulgated thereto, N.J.A.C. 5:34-6.1, a contract may be awarded without public advertising for bids and bidding when an emergency affecting the public, health, safety or welfare requires the immediate performance of services; and

WHEREAS, the Township authorized the Township Engineer, Public Works Superintendent, and CFO to award to contracts to Rapid Pump and Meter Service, Co., Inc., of Paterson, NJ in an amount not exceed $183,000.00; and

WHEREAS, the funding of the $183,000.00 will be raised as part of an existing bond ordinance for Sanitary Pump Station Repair;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee, of the Township of Millburn, County of Essex, State of New Jersey, as follows:

1. The Township Committee hereby ratifies the award of an emergency contract for the repairs to the Mohawk Pump Station;

2. Rapid Pump and Meter Service, Co., Inc., have been authorized to immediately commence with the work in order to prevent health hazard; and

2. This Resolution shall take effect as provided by law.

RESOLUTION 16-266 APPROVE RAFFLE LICENSE

WHEREAS, the following have submitted applications to the Township Clerk to conduct a raffle, providing all required identification and the appropriate fees; and

WHEREAS, the Police Department has conducted an investigation of those conducting such raffles and has found nothing to prevent their issuance.

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NOW, THEREFORE, BE IT RESOLVED that the following be approved:

Family & Children’s Services

RESOLUTION 16-267 URGING THE UNITED STATES CONGRESS TO ACKNOWLEDGE THE THREAT OF CLIMATE CHANGE, AND TO ADDRESS IT BY PUTTING A PRICE ON GREENHOUSE GAS EMISSIONS

WHEREAS, the environmental movement in the United States started in the first half of the 19th century with the observations and writings of Thoreau and the Transcendentalists, developed in the second half into the initiatives and proposals of Muir, Roosevelt, and Pinchot, and culminated in the 20th with the establishment of such institutions as the National Forests, the National Park System, the National Monuments, and the Environmental Protection Agency; and

WHEREAS, public and private interest in the environment has led to the formation of many nongovernmental organizations dedicated to special segments of the environment, such as the Sierra Club, the Audubon Societies, the NRDC, the National Wildlife Federation, the Union of Concerned Scientists, and others too numerous to name, all working to educate the public and lobby the Congress; and

WHEREAS, more than a century of hard effort by government and these interested parties has put in place a structure of forward-looking social and environmental programs and sensible regulations; and

WHEREAS, over nearly two centuries environmental matters have developed from mere interest in nature to issues of mass pollution, habitat degradation, climate change, and species survival; and

WHEREAS, in particular the Intergovernmental Panel on Climate Change concluded in its 5th Assessment Report, Climate Change 2013: The Physical Science Basis, that "Warming of the climate system is unequivocal" and "It is extremely likely that human influence has been the dominant cause of the observed warming since the mid-20th century"; and,

WHEREAS, the U.S. National Academy of Sciences has stated that "It is now more certain than ever, based on many lines of evidence, that humans are changing Earth's climate. The atmosphere and oceans have warmed, accompanied by sea-level rise, a strong decline in Arctic sea ice, and other climate-related changes."; and,

WHEREAS, the National Oceanic and Atmospheric Administration (NOAA) reports that average global surface temperatures of the earth in 2015 IPCC were 0.90 degrees centigrade above the 20th century average; and,

WHEREAS, conservative estimates by the world's climate scientists state that to achieve climate stabilization and avoid cataclysmic climate change, emissions of C02 and other greenhouse gases must be brought to 80% below 1990 levels by 2050; and,

WHEREAS, 195 nations including the United States have agreed, pursuant to the Paris Accords, to collectively;"Hold the increase in the global average temperature to well below 2 °C above preindustrial levels and to pursue efforts to limit the temperature increase to 1.5 °C above preindustrial levels, recognizing that this would significantly reduce the risks and impacts of climate change"; and

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WHEREAS, the 2014 National Climate Assessment found that continued warming of the atmosphere will cause New Jersey to experience longer and hotter heat waves; worsening flood and drought cycles, sea-level rise, threats to infrastructure, and harm to agriculture; and,

WHEREAS, Millburn Township, with the advice of its Environmental Commission, acknowledges that climate change poses clear and present threats to Millburn Township, to New Jersey, and indeed to the whole planet, and declares that:

(1) It expects national and local policy decisions to be based on science and quantifiable facts; and, (2) It supports the protection, conservation, and good stewardship of the environment; and, (3) It demands efforts to address climate change by legislation and economic incentive; and

WHEREAS ,Millburn Township understands that the cogency of a resolution such as this is greatly increased by including a specific, well vetted proposal for endorsement and action; and

WHEREAS, presently the environmental, health, and social effects of carbon emissions are neither adequately quantified nor represented in the prices paid for fossil fuels, but are imposed on the planet without accountability or control, and in this externalized form shall be borne directly and indirectly by all Americans and global citizens; and,

WHEREAS, to begin to correct this planning and market failure, Congress can enact a national carbon tax on fossil fuels, based on the amount of C02 the fuel will emit when burned; and,

WHEREAS, for efficient administration, fossil fuels can be taxed once, as far upstream in the economy as practical, or at the port of entry into the United States; and,

WHEREAS, the Citizens' Climate Education Corporation CCCE contracted a third party, Regional Economic Modeling, Inc. (REMI) to do a nation-wide macroeconomic study on the impact of a revenue- neutral carbon tax and found that after 10 years, a revenue-neutral carbon tax would lead to a decrease in GHG emissions by 33 percent, an increase in GDP and national employment of 2.1 million jobs, 13,000 lives saved annually and an increase in real incomes of $500 per person; and,

WHEREAS, the REMI study also describes how a revenue-neutral carbon tax would enable the United States to meet its commitments under the Paris Accords while growing GDP, creating jobs and saving lives; and,

WHEREAS, the REMI study also states that border adjustments (carbon content-based tariffs on products imported from countries without comparable carbon pricing), and refunds to U.S. exporters for carbon taxes paid, can maintain the competitiveness of U.S. businesses in global markets; and,

THEREFOR BE IT RESOLVED, that Millburn Township urge the United States Congress to adopt policies leading to reduction of the threat of climate change to Millburn Township, to draft without delay legislation to minimize greenhouse gas emissions, and to consider in particular levying a tax on carbon-based fossil fuels, with the provisos (1) that all tax revenue be returned to households to protect low- and middle-income Americans from the impact of price rises due to the tax, and (2) that the legislation include cross-border adjustments to protect the international competitiveness of U.S. businesses; and,

BE IT FURTHER RESOLVED, that copies of this resolution be distributed to U.S. Senators Robert Menendez and Cory Booker and U.S. Representative Leonard Lance.

Mr. Mount opened the discussion regarding resolution 16-263. He reviewed the history of the matter and need for more athletic fields. He gave an overview of the property on Passaic Avenue and discussed contracting with Mott McDonald for work on the property. He said he

December 20, 2016 Millburn Township Committee Meeting Minutes

believes this is in the best interest of the township. Sam Levy asked how this would be funded. Mr. Mount said they are currently in negotiations and reviewed the terms. Mr. Levy made additional comments, which were not audible on the recording.

Resolution 16-263

Mr. Mount made a motion to approve Resolution 16-263 which was seconded by Ms. Burstein.

Roll Call Vote: All ayes

RESOLUTION 16-263 SUPPORT EFFORTS IN NEGOTIATING WITH CITY OF EAST ORANGE FOR LONG TERM LEASE OF ATHLETIC FIELDS

WHEREAS, the Township of Millburn has a need for athletic fields and the Millburn Township Recreation Commission’s ten year goal has been to develop new athletic fields for the increasing number of children who participate in programs run by our vital Recreation Department and local community sponsored sports programs; and

WHEREAS, the current demand for practice and game times on our fields has left our natural grass fields in constant state of repair and the Township of Millburn does not own or have access to any suitable land to add athletic fields; and

WHEREAS, the Township of Millburn has identified a seven acre plot of land in Millburn Township on Passaic Avenue, Block: 5301, Lot: 1, owned by the City of East Orange, where lighted turf athletic fields could be developed;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn in the County of Essex, as per the recommendation from the Millburn Township Recreation Commission and Director, as follows:

1.) The Township Committee hereby supports the continued analysis and investigation of the proposed site owned by the City of East Orange on Passaic Avenue, Block: 5301, Lot: 1, beginning with retaining the services of Mott MacDonald to provide a preliminary environmental assessment to determine the site’s suitability for use for two athletic fields and parking, to provide a concept plan and a cost estimate to build the facility.

2.) The Township Committee hereby supports the appropriate township officials continuing negotiation with the City of East Orange in order to draft a lease agreement to present for consideration of approval to the Millburn Township Committee at a later date.

Ordinance/Introduction

Ordinance 2470-16

Mr. Tillotson brought forth and reviewed Ordinance 2470-16 for consideration of adoption. Mr. Falcon noted that the Township Committee was sent a report from the Planning Board wherein they provided two suggested revisions. He reviewed unsubstansive revisions recommend by the Planning Board. Mayor Bourke declared the public hearing open. A resident of 80 Cedar Street asked for more detail in regards to the ordinance. Mr. Falcon provided additional detail to the revisions to the regulations. Seeing there was not any additional public comment, Mr. Tillotson made a motion to close the public hearing and adopt Ordinance 2470-16 as revised, which was seconded by Mr. Mount.

Roll Call Vote: All Ayes

December 20, 2016 Millburn Township Committee Meeting Minutes

ORDINANCE NO. 2470-16 ORDINANCE TO AMEND AND SUPPLEMENT ARTICLE 8 OF THE “MILLBURN DEVELOPMENT REGULATIONS AND ZONING ORDINANCE” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MILLBURN

Statement of Purpose: The purpose of this Ordinance is to revise the provisions of Article 8 of the Township’s Development and Zoning Ordinance entitled “Historic Preservation” so as to update its provisions and improve the administration of applications.

WHEREAS, the Township of Millburn desires to implement significant modifications to Article 8 of the Millburn Development Regulations and Zoning Ordinance entitled Historic Preservation in order to substantially revise and simplify the provisions thereof and to expedite the administration of the application process.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MILLBURN IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY AS FOLLOWS:

Section 1

Article 8 of the Millburn Development Regulations and Zoning Ordinance is hereby amended and revised to read as follows:

ARTICLE 8 – HISTORIC PRESERVATION

801 TITLE, PURPOSE AND INTENT

Article 8 has been enacted pursuant to authority granted under Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including, but not limited to, N.J.S.A. 40:55D-65(i) and 107 to 112. This article shall be known by and may be referred to by the short title of the "Historic Preservation Ordinance of the Township of Millburn." This article is specifically intended to effectuate and accomplish the protection, enhancement and perpetuation of historic buildings, structures, sites, objects, improvements and districts within the Township of Millburn, to implement the historic preservation element of the township’s master plan and to advance the following public purposes:

A. To safeguard the heritage of the Township of Millburn by preserving resources which reflect elements of its archaeological, cultural, social, economic, architectural, and historical heritage;

B. To encourage the continued use of historic landmarks and historic districts and to facilitate their appropriate use or reuse;

C. To maintain and develop an appropriate and harmonious setting for the historically significant structures, sites, and districts located within the Township;

D. To identify, designate, and regulate historic landmarks and historic districts in order to preserve their historical significance;

E. To foster civic pride in the history and architecture of Millburn Township;

F. To promote appreciation of historic landmarks and historic districts for the education, pleasure and welfare of the local population;

G. To encourage beautification and private reinvestment in historic landmarks and historic districts, and surrounding properties and landscapes;

H. To encourage and manage appropriate alterations of historic sites and improvements within historic districts, and to prevent new construction which is not in keeping with the character of historic districts;

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I. To discourage the unnecessary total or partial demolition, removal, or destruction of historical resources; and

J. To recognize the importance of historic landmarks and historic districts by assisting property owners and tenants to maintain their properties in keeping with the requirements and standards of this article.

802 DEFINITIONS

In addition to the definitions set forth in Article 3 of this Ordinance, the following definitions apply in Article 8.

Addition shall mean an extension or increase in the size, floor area or height of any building, structure, site, object or improvement added at some time after the completion of the original.

Administrative Officer shall mean the construction official of the township.

Alteration shall mean any change in the exterior features of any building, structure, site, object or improvement.

Application shall mean a request to the Commission made pursuant to this article for the purposes of obtaining a Certificate of Appropriateness or other action by the Commission hereunder specified.

Application for Development shall mean an application to the planning board or the zoning board of adjustment of the Township of Millburn for approval of a major or minor subdivision plat or site plan, planned development, conditional use or zoning variance, or an application for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or for any use or change in the use of any building or other structure, or of any parcel of land, for which permission may be required pursuant to the Municipal Land Use Law.

Building shall mean any man-made structure created principally to shelter any form of human activity as well as its functionally related appurtenances such as a house and a barn.

Certificate of Appropriateness (or CA) shall mean that document issued by the Commission which is required before any work may be commenced on any historic landmark or any building, structure, site, object or improvement located within an historic district.

Commission shall mean the Historic Preservation Commission established pursuant to the provisions of this article.

Construction Official shall mean the officer in charge of granting building or construction permits in the township.

Contributing shall mean any buildings, structures, sites, objects or improvements which are integral components of a historic district either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.

Demolition shall mean the partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its facade or surface.

Designated historic landmark or historic district shall mean an individual building, structure, site, object, landscape, park, viewshed, improvement or district which has been determined to have historical significance pursuant to the provisions of this article.

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Emergency repairs shall mean immediate repairs to preserve the continued habitability and/or the health and safety of occupants or others, performed in accordance with Township codes without first obtaining a Certificate of Appropriateness. A consultation with the Commission or its staff is still required.

Exemption shall mean when a property owner, designer or contractor (a) requests permission to make repairs or alter building components, for reasons sufficiently emergent that they cannot wait for the next available meeting, or (b) requests permission to make ordinary maintenance and repairs, construction field changes or install materials which are replacements for materials and features already present, and are sufficiently similar or “in-kind”, being “like for like”, to obviate the need for a CA hearing.

Facade shall mean the face or front of a structure or any vertical surface thereof adjacent to a public way.

Harmonizing shall mean any buildings, structures, sites, objects or improvements in a historic district which date from a later period but possess some architectural importance and/or visually contribute to the cohesiveness of the district’s streetscapes.

Historic shall mean having historical, cultural, architectural, archaeological, economic, social or other significance as defined by the provisions of this article.

Historical shall mean of, relating to, or having the character of history.

Historic district shall mean a significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development which qualifies for designation under section 804 of this article including those which were formerly known as the Designated Historic Districts pursuant to Ordinances 10-87, 8-89 and 10- 89 and are depicted and described in the Appendix to this Ordinance as Schedules B, C and D.

Historic district resources shall mean those resources classified as either key, contributing or noncontributing, which are defined as follows:

a. Key shall mean any buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;

b. Contributing shall mean any buildings, structures, sites, objects or improvements on the site which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant including those which were formerly known as Designated Historic Sites pursuant to Section 804 in Ordinances 10-87, 8-89 and 10-89; and

c. Noncontributing shall mean any building, structure, site, object or improvement on the site which do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method which is historically significant.

Historic landmark shall mean any building, structure, site, object or improvement which qualifies for designation under section 804 of this article.

Historic site shall mean any building, structure, site, landscape, object or improvement determined to be of historical, archeological, cultural, scenic or architectural significance in accordance with the provisions of this article.

Improvement shall mean a building or other structure, or any work constituting a manmade alteration of, or addition to, any building, structure, site or object.

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In-kind shall mean construction or construction materials that match construction or construction materials being replaced on a designated structure or object, thereby maintaining historic composition, design, color, texture and other visual qualities.

Integrity shall mean the authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.

Interested party shall mean any person whose right to use, acquire or enjoy property is affected by any action taken under this article, or whose rights to use, acquire or enjoy property under this article or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this article.

Intrusions shall mean any buildings, structures, sites, objects or improvements in a historic district which date from a later period and do not visually contribute to the cohesiveness of the district’s streetscapes.

Inventory shall mean a list of historic properties determined to meet criteria of significance specified herein.

Key-Contributing shall mean any buildings, structures, sites, objects or improvements in a historic district which, due to their extraordinary significance, would individually qualify for historic landmark status.

Landscape shall mean the visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, plantings, lawns trees as well as man-made features including, but not limited to, sculptures, patterned walks, fountains, reflecting pools and vistas.

Lot shall mean any designated parcel, tract, or area of land established by a plat or otherwise, as permitted by law and to be used, developed, or built upon as a unit.

Master plan shall mean the master plan of the Township of Millburn, as amended from time to time, compiled pursuant to the Municipal Land Use Law.

Minor Application shall mean an Application for a Certificate of Appropriateness (including documents in Section 805.5.) which:

a) Does not involve demolition, relocation or removal of an historic landmark or a key or contributing resource in an historic district; b) Does not involve an addition to an historic landmark or a property in an historic district or new construction in an historic district; c) Is a request for approval of windows, doors, roofing, fences, signs, awnings, porches, railings, steps, materials, finishes, exterior lighting, solar panels, communication devices, sidewalks, paving, or streetscape work and any other work subject to public view which will not substantially affect the architectural characteristics of the historic landmark or the historic district; or d) Is a request for a construction field change for a Certificate of Appropriateness which has already been issued and which meets the criteria of paragraph c. above.

Minor Work Review Committee (“MWRC”) shall mean the members of the Commission appointed by the chair at the annual organizational meeting, or from time to time as needed. The MWRC shall consist of the Chair and two other members and shall be responsible for reviewing minor applications and applicant exemption requests with the assistance of the Zoning Official and the HPC Consultant.

Municipal Land Use Law shall mean the Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1, et seq.), as amended from time to time.

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National Register Criteria shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 C.F.R. 60.4, et seq.

Non-contributing shall mean any buildings, structures, sites, objects or improvements in a historic district which do not have significant historical value because they neither date from a period of significance nor represent an architectural type, period or method which is historically significant, or due to alterations, disturbances, additions, or other changes, no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period.

Object shall be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Examples include, but are not limited to, fountains, sculptures, statuary and similar items. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.

Ordinary maintenance and repair shall mean the repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship.

Owner shall mean the owner of record as shown on the current tax list of the township tax collector; the mortgage holder of record, if any, as shown in the mortgage records of the township; and any purchaser under a land contract.

Permit shall mean any required approval issued by the construction official pursuant to applicable building or construction codes for exterior work to be performed on any historic landmark or on any building, structure, object or site located within a historic district, which exterior work will be subject to public view. Said permit shall include but not be limited to a building permit, a demolition permit or a permit to move, convert, relocate or remodel or to change the use or occupancy of any landmark or any building, structure, object or site located within an historic district. "Permit" shall also include all exterior work to be performed on windows, doors, roofing, fences, signs, awnings, porches, railings, steps, lighting and sidewalks and any other work subject to public view which would alter the exterior appearance of historic landmarks or properties located within a historic district or their sites.

Person shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.

Preservation shall mean the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

Protection shall mean the act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

Reconstruction shall mean the act or process of reproducing, by means of new construction, the form, features and detailing of a non-surviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and in its historic location when documentary and physical evidence is available.

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Rehabilitation shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic values.

Replacement shall mean the act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.

Restoration shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.

Secretary of the Interior’s Standards shall mean the publication issued by the U.S. Department of the Interior, National Park Service, entitled: “The Secretary of the Interior’s Standards for the Treatment of Historic Properties,” 36 C.F.R. 68, revised and supplemented from time to time.

Site shall mean the location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.

Staff means the Historic Preservation Consultant, the Zoning Officer and such other consultants or officials as may from time to time be retained and/or employed to provide application review services to the Commission.

Streetscape shall mean the visual character of the street including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.

Structure shall be used as a term to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter, such as a bridge, a walkway, driveway and sometimes referred to as a type of improvement, meaning a combination of materials that becomes a part of, is placed upon, or is affixed to real estate.

Survey shall mean the inventory of buildings, structures, sites, objects, improvements and districts located within the Township of Millburn which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this article.

Survey data shall mean the raw data produced by the survey; that is, all the information gathered on each property and area investigated.

View, vista or viewshed shall mean the view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.

803 HISTORIC PRESERVATION COMMISSION

803.1 Establishment.

The duly established Commission created pursuant to Ordinances 10-87, 8-89 and 10-89 codified as Article 8 of the Township of Millburn Development Regulations and Zoning Ordinance is hereby re- established confirmed and continued. The members shall serve without compensation.

803.2 Responsibilities.

The Historic Preservation Commission shall have the following duties and responsibilities:

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A. To identify, record and maintain a survey of all buildings, structures, sites, objects, improvements and districts of historical significance within the township.

B. To recommend to the planning board and township committee the designation of buildings, structures, sites, objects or improvements as local historic landmarks, and to recommend the designation of local historic districts.

C. To monitor and recommend to the planning board and township committee any buildings, structures, sites, objects, improvements or districts for inclusion in the New Jersey or National Register of Historic Places.

D. To make recommendations to the planning board and township committee on the historic preservation element of the master plan and on the implications for preservation of historic landmarks and historic districts of any other master plan elements. The Commission may provide information to the planning board indicating the location and significance of historic landmarks and historic districts, and identify the standards used to assess worthiness for historic landmark or historic district designation.

E. To make recommendations to the planning board and township committee on the historic preservation implications of any proposed or adopted zoning or development ordinance(s) or proposed or adopted element(s) of the Township's Master Plan.

F. To draft and recommend to the planning board and township committee ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of this article and the building or zoning regulations of the township.

G. To advise and assist township officers, employees, boards and other bodies, including those at the county, state and federal levels, on all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the township or on the physical character and ambience of any portion of the township .

H. To advise the planning board and zoning board of adjustment on applications for development pursuant to N.J.S.A. 40:55D-110.

I. To review and render determinations regarding applications for Certificates of Appropriateness as set forth in this article.

J. To advise the planning board and township committee on the relative merits of proposals involving the use of public funds to restore, preserve and protect historic buildings, structures, objects and sites; to securing state, federal and/or other grants or assistance in support of such projects; and to monitor such projects once underway.

K. To cooperate with local, county, state or national historical societies, governmental bodies and organizations to maximize the contributions of the Commission in accordance with the intent and purposes of historic preservation.

L. To make information available to residents of historic buildings or districts concerning guidelines for rehabilitation and design criteria for new construction established under this article.

M. To seek any benefits which may be granted under the National Historic Preservation Act, as amended, or any other state or federal legislation, including but not limited to the benefits which flow to communities under the certified local government program with regard to training, grant funding and technical assistance; and, in furtherance thereof, to take any steps necessary to assist the Township of Millburn in the preparation and submission of any documents needed for certification of the township as a certified local government under the National Historic Preservation Act.

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N. To monitor and recommend to the township committee the submission of any grants related to historic preservation.

O. To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.

P. To carry out such other advisory, educational and informational functions as will promote historic preservation in the township.

803.3 Membership; Appointment.

The Commission consists of seven regular members and two alternate members, who shall be appointed by the Mayor with the advice and consent of the Township Committee. All Commission members must have a demonstrated interest, competence or knowledge in historic preservation. If available in the community, members of the HPC shall be professionals that meet the Secretary of the Interior’s Professional Qualification Standards in the fields of architecture, history, architectural history, prehistoric archaeology, and/or historic archaeology. In making appointments to the Commission, the Mayor, with the advice and consent of the Township Committee, shall endeavor to seat at least one Commissioner from each of the two historic districts.

At the time of appointment, members shall be designated by the following classes:

A. Class A - A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and,

B. Class B - A person who is knowledgeable in, or who has demonstrated an interest in, local history and who may reside outside the municipality; and,

C. Class C - Citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the planning board or zoning board of adjustment. Class C members should still have a demonstrated interest in history, historic preservation, construction or a related field.

Of the seven regular members, at least one member shall be appointed from each class. No more than three members shall be comprised of Classes A and B.

Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as “Alternate No. 1” and “Alternate No. 2”.

803.4 Terms.

A. The members currently serving as of the date of adoption of this ordinance shall continue in office for the duration of the term in office applicable to each at the time of their appointment.

B. The term of a regular member shall be four years; the term of an alternate member shall be two years.

C. Notwithstanding any other provision contained in this article, the term of any member who is also a member of the Planning Board or Board of Adjustment shall be coterminous with membership on such Board.

D. A vacancy occurring otherwise than by expiration of term shall be filled within 60 days for the unexpired term only.

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803.5 Role of Alternates.

The alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

803.6 Officers.

Annually, the Commission shall elect a chair and vice-chair from its members and select a recording secretary who may or may not be a member of the Commission or a municipal employee. See current HPC Bylaws for further information.

803.7 Budget.

The township committee shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the township committee, unless the township committee by appropriation provides for separate legal counsel for the Commission. The Commission shall obtain the services of a Historic Preservation Consultant and such other experts and other staff as it deems necessary. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by township committee for the Commission’s use.

803.8 Finances.

The township committee shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this or any other applicable township ordinance.

803.9 Rules of Commission.

A. The Commission shall adopt written Bylaws, Guidelines and rules for the transaction of its business, for the consideration of applications for certificates of appropriateness and for the designation of historic landmarks and historic districts. Such rules shall not be inconsistent with the provisions of this article and shall include but not be limited to rules pertaining to all notices and hearings required herein.

B. In order to make available to the public information useful to the preservation and protection of historic landmarks and historic districts and to provide the basis for consistency of policy, the Commission secretary shall maintain complete files and records. The Commission’s files shall include but are not limited to data used in the classification of buildings, structures, sites, objects, improvements and districts, minutes of Commission meetings, applications for certificates of appropriateness along with collateral data, decisions and appeals associated therewith and information, materials and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available but a formal verbatim record shall not be required.

C. The Commission secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, reports, findings, determinations, decisions and applications, which shall be public documents. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq. Copies of all minutes shall be maintained in the Municipal Building and shall be delivered to the township clerk.

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D. Copies of records shall be made available to municipal bodies, agencies, and officials for their use. Records will also be available to the public in accordance with the Open Public Records Act (OPRA) and all requests will be handled administratively by the Commission secretary.

E. When the planning board or the zoning board of adjustment refers an application to the Historic Preservation Commission, then the referring Board shall receive a copy of the Commission’s report.

F. The building and engineering offices shall maintain and display an up-to-date map showing the boundaries of all areas designated as historic districts, as well as the locations of all historic landmarks.

G. No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.

H. The Commission shall prepare an annual report. Copies will be delivered to the township clerk and the New Jersey HPO. The annual report will also be available to the public upon request.

803.10 Removal.

A member of the Commission may, after a public hearing, if requested, be removed by the township committee for cause including, but not limited to, failure to attend Commission Meetings and/or violation of the Local Government Ethics Law.

803.11 Meetings; Quorum.

A. The Historic Preservation Commission shall establish and post in the Millburn Town Hall a regular schedule of meetings, which shall include a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of a quorum, lack of applications to process or for other good reason(s), which shall be noted in the minutes. Additional special meetings may be called by the chair or vice-chair, or on the request of any two of its members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.

B. The Historic Preservation Commission shall hold public hearings to review all applications for certificates of appropriateness, referrals of development applications and other business which comes before the Commission.

C. The presence of four members, which may include alternate members filling the vacancies of regular members, shall constitute a quorum. A majority vote of those present and voting shall prevail, and shall be sufficient to grant or deny a Certificate of Appropriateness. Not less than a majority of the appointed membership shall be required to grant or change an historic landmark or historic district designation or to grant approval for demolition.

804 DESIGNATION OF HISTORIC LANDMARKS AND HISTORIC DISTRICTS

804.1 Survey.

The Commission shall maintain and expand, when appropriate, a comprehensive survey of the Township of Millburn to identify historic landmarks and historic districts that are worthy of protection and preservation.

804.2 Criteria for Designation.

The criteria for evaluating and designating historic landmarks and historic districts shall be guided by the National Register Criteria as currently published and amended from time to time. The Commission or

December 20, 2016 Millburn Township Committee Meeting Minutes any person may recommend designation of historic landmarks or historic districts that are in accordance with the National Register Criteria or that possess one or more of the following attributes:

A. Character, interest, or value as part of the development, heritage or cultural characteristics of the township, State or Nation; or

B. Association with events that have made a significant contribution to the broad patterns of our history; or

C. Association with the lives of persons significant in our past; or

D. Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or

E. Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the township, State or Nation; or

F. Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or

G. Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or

H. Ability or potential ability to yield information important in prehistory or history.

804.3 Procedures for Designation.

Proposals to designate a property as historic pursuant to this article may be made by the township committee, the Commission, or the planning board, in accordance with the following procedures:

A. Nomination report for historic landmark. A nomination to propose an historic landmark shall include the following information which addresses the criteria for designation as set forth herein:

(1) A photograph of the proposed landmark; and

(2) A copy of the municipal tax map showing the property on which the proposed landmark is located; and

(3) A physical description of the proposed landmark; and

(4) A statement of significance.

B. Nomination report for historic district. A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:

(1) A building-by-building inventory of all properties within the district identifying key, contributing, harmonizing, non-contributing, or intrusions; and

(2) A photograph of each property and building within the district; and

(3) A copy of the municipal tax map of the district showing boundaries; and

(4) A physical description of the proposed district; and

(5) A statement of significance.

C. Schedule a hearing. Following receipt of a nomination to propose an historic landmark or historic district, the Commission shall schedule a public hearing on the proposed designation.

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D. Notification requirements. At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:

(1) Notify the owner(s) of record of a property that has been proposed for historic landmark designation, or the owner(s) of record all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefore;

(2) Advise the owner(s) of record of the significance and consequences of such designation, and of the rights of the owner(s) of record to contest such designation under the provisions of this article;

(3) Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and

(4) Serve any further notices as may be required under the provisions of the Municipal Land Use Law.

E. Public notice of hearing. At least 20 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the township.

F. Public report. At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the municipal offices of the township.

G. Public hearing. At the public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.

H. Commission report. If the proposed nomination is approved by the Commission, then the Commission shall forward a report to the township committee, which shall contain a statement of the Commission’s recommendations and the reasons therefore with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.

I. Referral to planning board. The township committee shall refer the report to the planning board, which in turn shall report to the township committee as soon as possible, but within 60 days. Failure of the planning board to transmit its report within the sixty-day period provided herein shall relieve the township committee of its obligations relating to the referral of such a report to the planning board. The township committee action on historic landmark or historic district designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.

J. Final designation. As soon as possible after its receipt of the report of the planning board or the expiration of the period allowed for planning board comment on designations pursuant to 804.3I of this section, the township committee shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the planning board. In the event that the township committee votes to reject or modify any planning board recommendations for a proposed designation, the township committee shall record in its minutes the reasons for not following such recommendation. All action taken by the township committee on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership, except, in cases in which a protest has been filed in accordance with 804.3H of this section. A proposed designation shall then require a favorable majority vote of a majority of the full authorized membership of the township committee.

K. Public notice of designation. Notice of designation shall be made public by publication in the official newspaper of the township and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.

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L. Incorporation of designated landmarks into Township records. Upon adoption of an article by the township committee designating an historic landmark or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the master plan and zoning ordinance of the township as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Designated properties shall also be noted as such on the records for those properties as maintained by the engineering and zoning offices, as well as the offices of the construction official, the township tax assessor and the township clerk. In addition to the requirement for notation in the foregoing Township records upon the designation of a landmark or historic district by the Township Committee as above in this Paragraph L set forth, within 90 days of the adoption of this Ordinance, there shall be entered upon the property records in the offices of the Tax Assessor, the Construction Code Official, the Township Engineer, the Zoning Officer and the Township Clerk a notation which identifies each property located within or historic district as constituted on the date of adoption hereof.

Each tax/assessment search requested for a property located within an historic district shall note thereon the subject property is so located. Similarly, all forms maintained and issued by the Construction Code Official, Township Engineer, Zoning Officer and Township Clerk responsive to requests for information, permits, and like documents, shall contain a notation which identifies, as applicable, the presence of a property within an historic district as constituted on the date of the adoption hereof and as new landmarks as historic district designations occur hereafter.

M. Amendments. Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this article.

804.4 Historic Landmarks Designated.

The following historic landmarks as delineated and described in the Township Master Plan are hereby designated historic landmarks for the purposes of this Article: None

804.5 Historic Districts Designated.

The following historic districts as previously and by this ordinance created, re-established and as delineated and described in the Township Master Plan are hereby designated historic districts for the purposes of this Article:

A. The “Short Hills Park Historic District” is designated as an historic district and shall consist of those properties, or parts thereof, listed in Ordinance No. 10-89.

B. The “Wyoming Historic District” is designated as an historic district and shall consist of those properties, or parts thereof, listed in Ordinance No. 10-89.

Those lots, and all structures thereon, located within the above designated historic districts on which are located structures identified in the Historic Structures Survey, Township of Millburn (Millburn-Short Hills Historical Society and David Gibson Associates. 1979; funding assistance from the National Park Service, through the Office of NJ Heritage) as being of outstanding, notable, or other historic or architectural importance, are hereby reclassified for the purposes of this ordinance as contributing or noncontributing, respectively. See definitions in Section 802 above. See Appendix A for all properties

December 20, 2016 Millburn Township Committee Meeting Minutes listed by block and lot. Lots and all structures thereon which are classified as key shall be listed subsequently in accordance with the provisions of this Ordinance.

804.6 Underlying Zoning District Regulations.

All properties within the Historic Landmark and Historic District Overlay Zones shall remain subject to all underlying zoning district regulations.

805 CERTIFICATE OF APPROPRIATENESS.

805.1 When Required.

A Certificate of Appropriateness (or "CA") issued by the Commission shall be required before any work is commenced on any historic landmark or within any historic district, whether or not a construction permit is required for such work, including but not limited to the following activities listed below. Work associated with a development application requiring ultimate approval by the Planning Board or the Zoning Board of Adjustment is not exempt from this requirement.

A. Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including, but not limited to, the addition or alteration of windows, doors, roofing, fences, signs, awnings, porches, railings, steps, materials, finishes, exterior lighting, solar panels, communication devices, sidewalks, paving, or streetscape work except for the activities described in subsection 805.2 below.

B. Demolition of any building, structure, site, object or improvement.

C. Relocation of a principal or accessory building, structure, site, object or improvement.

D. Any addition to or new construction of a principal or accessory building, structure, site, object or improvement.

805.2 When Not Required.

A. A Certificate of Appropriateness shall not be required before a permit is issued by the administrative officer for changes to the interior of a structure.

B. A Certificate of Appropriateness shall not be required for exterior repainting or interior painting of existing structures. If an exterior material, finish or surface is to be painted which was not previously painted, a Certificate of Appropriateness will be required.

C. A Certificate of Appropriateness shall not be required if, in the opinion of the Minor Work Review Committee or the Historic Preservation Consultant, the work contemplated constitutes “ordinary maintenance and repair” as defined by this article. In such cases, and if a permit is required for the proposed work, the Commission shall promptly notify the administrative officer that a Certificate of Appropriateness is not required as a prerequisite to the issuance of the permit.

D. A Certificate of Appropriateness shall not be required for structural repairs which do not alter the exterior appearance.

E. A Certificate of Appropriateness shall not be required for any changes, additions or alterations not visible from a public right-of-way other than relocation or demolition.

805.3 Procedures.

A. Except for the circumstances described in subsection 805.2, no work shall be performed on any historic landmark or on any building, structure, site, object or improvement located within an historic district until either a Certificate of Appropriateness has been issued by the Commission

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for such work or until a determination has been made by the Commission, the Minor Work Review Committee, or Commission Staff that no Certificate of Appropriateness is necessary pursuant to subsection 805.2 above.

B. Applications shall be made on forms available in the office of the construction official in the Millburn Town Hall. Completed applications shall be delivered or mailed to the administrative officer. All such applications shall include payment of a filing fee and an escrow fee in the amounts established, and amended from time to time, by ordinance. There shall be no fee for conceptual reviews under subsection 805.4. The fee for an application to the Historic Preservation Commission shall be $200.00. In addition to the application fee, an escrow deposit in the amount of $750.00 shall be paid as authorized in Section 410.7 and shall be administered in accordance with the requirements of Section 410.9 of this Ordinance. In the event an application is approved, the applicant may be required to pay an escrow charge in accordance with Section 410.8 for inspection during construction.

C. Upon receipt of an application for a Certificate of Appropriateness, Commission staff will review and notify the applicant in writing that the application is deemed complete and may proceed with legal and noticing requirements. If complete, the Commission shall schedule a hearing within a 45 day period for the purpose of reviewing said complete application and shall advise the applicant(s), in writing, of the time, date and place of said hearing. If incomplete, the Commission shall return the application with a written description of the requirements not met pursuant to this ordinance and the HPC Checklist. For applications, fifteen (15) copies of the complete application must be submitted to the administrative officer. For minor applications, five (5) copies of the complete application must be submitted to the administrative officer.

D. A complete application for a Certificate of Appropriateness shall include the items enumerated in the HPC Checklist (Appendix H):

805.4 Conceptual Review and Informational Meetings.

A. Persons proposing or considering an action that requires a Certificate of Appropriateness may present a proposal for informal concept review and comment by the Commission and shall first hold an informal informational meeting with the Commission staff to review any design proposals or related issues.

B. Persons proposing to make application to the Commission in connection with any action that requires a Certificate of Appropriateness are encouraged to first hold an informal informational meeting with Commission staff to review any design proposals or related issues before making application.

C. The Commission staff shall hold meetings pursuant to 805.4A or 805.4B within 20 days of such request. Neither the applicant nor the Commission shall be bound by any such review. Informal concept or informational review shall not relieve the necessity for Commission review for a Certificate of Appropriateness pursuant to this Ordinance.

805.5 Minor Work Application Review.

Minor Work applications, as defined in this ordinance, may be reviewed and approved by the Minor Work Review Committee without holding a public hearing. A minor work application shall require submittal of information consisting of the standard application cover pages and, where applicable, a drawing in sufficient detail to accurately depict the work proposed and adequate to provide the information required for issuance of a permit by the Construction Code Official. If the Minor Work Review Committee finds the application appropriate, the Committee may act in place of the full Commission without the necessity of a public hearing and is authorized to issue a Certificate of Appropriateness to the construction official for said minor work. The construction official shall then

December 20, 2016 Millburn Township Committee Meeting Minutes authorize the applicant to proceed and issue any required permit associated therewith. If the Minor Work Review Committee does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission/upon filing of a full application meeting the submittal requirements of the HPC Checklist.

805.6 Application Review.

A. The Commission shall hold a public hearing on all applications for certificates of appropriateness following the referral of a complete application to the Commission by the administrative officer. The applicant shall have the burden of proof and obligation to establish entitlement to a Certificate of Appropriateness by satisfaction of the applicable standards and criteria in accordance with this ordinance, upon the failure of which, the Commission shall be entitled to deny the application. The Commission shall issue a Certificate of Appropriateness within a 45 day period that begins when applications are deemed complete by designated Commission staff and distributed to Commissioners in the monthly packet. No public hearing shall be required in order for the MWRC to render a Minor Application determination of exemption pursuant to subsection 805.2.

B. Prior to holding a public hearing on a complete application for a Certificate of Appropriateness, the Commission or its staff shall, in addition to complying with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq., notify the applicant in writing at least 10 days prior to the hearing setting forth the time, date and place of the hearing. Applicant shall provide written notice to those entitled to notice in accordance with N.J.S.A. 40:55D-12.

C. At the hearing, the Commission shall allow all persons the opportunity to be heard concerning the issuance of a Certificate of Appropriateness for the proposed work.

D. After conducting the public hearing, the Commission shall return to the administrative officer within 30 days, its written determination on the application, which may be stated in resolution form. The Commission shall grant or deny a Certificate of Appropriateness to the applicant based on the standards and criteria set forth in section 807 of this article. The Commission may issue a Certificate of Appropriateness subject to certain condition(s), which shall be set forth in detail in the Commission’s written decision. The Commission’s denial of a Certificate of Appropriateness shall be deemed to prohibit the applicant from undertaking the work applied for, and shall preclude the issuance of any required permit for the said work by the administrative officer. Upon receipt of the Commission’s written determination, the administrative officer shall notify the applicant of said determination in writing within five business days thereof. The granting or denial of an historic preservation permit may be appealed to the Board of Adjustment in the same manner as an appeal is taken pursuant to N.J.S.A. 40:55D-70(a). Nothing herein shall be deemed to limit the right of judicial review of the Board of Adjustment action after an appeal is concluded.

E. Failure of the Commission to render its written determination to the administrative officer within the 45 day period shall be deemed to constitute a determination in favor of the issuance of a Certificate of Appropriateness for the proposed work and without conditions.

F. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The request for an extension of time by the applicant must be made in writing prior to a regularly scheduled public hearing or verbally requested during a public meeting and recorded in the minutes. In circumstances where the Commission determines that the applicant has failed or declined to provide the Commission with information reasonably required by it in order to make an informed decision, the Commission shall have the right to adjourn the proceedings until such time as the requested information is supplied to it. If the requested information is not received by the Commission within 60 days, it shall have the right to dismiss the application without prejudice for lack of prosecution.

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G. When a Certificate of Appropriateness has been issued, the administrative officer or his appointee shall, from time to time, inspect the work approved by such certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.

H. A Certificate of Appropriateness shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant or the Commission.

I. Appeals from determinations of the administrative officer pursuant to the Historic Preservation Commission’s decisions may be made by the applicant to the zoning board of adjustment, according to N.J.S.A. 40:55D-70a.

J. The performance of unauthorized activities and/or the performance of any work not in accordance with a previously issued Certificate of Appropriateness shall be deemed to be a violation of this chapter and may subject the responsible parties to sanctions imposed hereunder. The Construction Code Official or Municipal Prosecutor, as applicable, shall prosecute any such violation in the Municipal Court and the Commission shall also have the right to file an action in the Superior Court of New Jersey for appropriate legal and/or equitable relief, subject to the prior approval of the Township Committee.

805.7 Emergency Repair Procedures.

A. When an historic landmark or a historic district resource requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with applicable construction codes immediately upon approval of the construction official, who shall certify that a bona fide emergency of the type referenced herein exists, without first obtaining a Certificate of Appropriateness from the Commission. Under such circumstances, the repairs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or the health and safety of its occupants or others. Where feasible, temporary measures to prevent further damage shall be employed, provided these measures are reversible without causing damage to the building or structure.

B. Simultaneously with the commencement of the emergency work, the property owner shall make a request for a Certificate of Appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the administrative officer pursuant to the procedures set forth in subsection 805.6 above.

D. It should be noted that the procedures outlined in this section should be strictly limited to those circumstances which, in the opinion of the Construction Code Official, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the administrative officer and Historic Preservation Commission pursuant to the procedures set forth in subsection 805.6 above.

805.8 Obtaining Certificates of Appropriateness for Government Actions.

A. The Township of Millburn, when it plans to undertake any work on any municipally owned historic landmark or on any municipally owned property in an historic district, shall submit such plans to the Historic Preservation Commission and shall receive an advisory report with recommendations on the appropriateness of those plans before undertaking the work.

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B. In those circumstances where the township cannot require compliance, as in certain cases involving the county, State and Federal governments, the township strongly urges the voluntary cooperation of such agencies in seeking a Certificate of Appropriateness and hereby authorizes the Commission to consider such requests and applications. This does not relieve the property owner from complying with applicable State and Federal regulations regarding historic preservation.

806 REFERRAL OF DEVELOPMENT APPLICATIONS INVOLVING HISTORIC

LANDMARKS OR HISTORIC DISTRICTS.

A. Pursuant to N.J.S.A. 40:55D-110, the planning board and zoning board of adjustment of the Township of Millburn shall refer to the Historic Preservation Commission every application for development submitted to either board for development involving historic landmarks or properties located within historic districts identified in the township’s historic preservation element of the master plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer an application as required shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice on said application, through oral testimony at the hearing, and/or through written report(s) that the Commission may have provided to the board concerning the proposed application.

B. On all matters referred to the Historic Preservation Commission which require approval by the township’s planning board or zoning board of adjustment, the decision of the Commission shall be advisory only. In reviewing applications for development, the Commission may comment and make recommendations on any of the zoning and land use considerations which are relevant to the application. The planning board or zoning board of adjustment, as applicable, shall consider the testimony and/or written report(s) presented and may disapprove or change any of the recommendations made by the Commission by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations.

C. Yard Variances. Due to the fact that structures in historic districts may have been built close to the lot lines, it is in the public interest to retain a neighborhood’s historic appearance by approving variances to normal yard requirements. Where it is deemed that such variance will not adversely affect neighboring properties, the appropriate board may grant such variance to standard requirements if so recommended by the Historic Preservation Commission.

D. An approval by the planning board or zoning board of adjustment, as the case may be, does not relieve the applicant of the requirement of obtaining a Certificate of Appropriateness from the Commission (see section 805) for those historic aspects of the work not addressed as part of the application for development.

807 STANDARDS AND CRITERIA.

A. The purpose of this section is to provide uniform standards and criteria for the regulation of historic landmarks and historic districts for use by the Historic Preservation Commission. All projects requiring a Certificate of Appropriateness and all applications for development on historic landmarks or in historic districts shall, in interpreting and applying the standards and criteria set forth herein, be guided by the principles contained in the most current versions of the Secretary of the Interior’s Standards for Rehabilitation (as contained within the Secretary of the Interior’s Standards for the Treatment of Historic Properties), by the Secretary of the Interior’s Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings, and by the Millburn Township Design Guidelines for Historic Districts and Sites,

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incorporated herein by reference, as the same may be applicable and appropriate, and as amended and revised from time to time. In utilizing the Secretary of Interior’s Standards, the Commission shall be guided by the provisions thereof including, but not limited to, the following:

(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. (7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. (8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment. (10)New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

These standards are adopted as the Commission’s design criteria and guidelines pursuant to N.J.S.A. 40:55D-65.1.

B. In reviewing applications for certificates of appropriateness, the Historic Preservation Commission shall consider the sitting, arrangement, exterior design, design quality, bulk, arrangement, density, texture, details, style, scale, setbacks, step backs, shape, height, massing, lot coverage, rhythm, directional emphasis, proportions, building elements, materials, finishes and relationships to the streetscape and/or landscape views of the proposed work and the relationship of those characteristics to the historical significance of the historic landmark or historic district.

C. In reviewing applications for certificates of appropriateness and notwithstanding any other provisions of this ordinance, the Historic Preservation Commission shall not consider 1) use, zoning requirements for setbacks, density, height limitations or lot coverage as these matters fall within the purview of the planning board and zoning board of adjustment, and 2) the removal of trees as these matters fall within the purview of the Township Forester in accordance with the standards and requirements of Chapter XI of the Millburn township code entitled “Tree Preservation”. Nothing herein shall prevent the Commission from making a recommendation to the Township Forester with respect to tree removal by the incorporation of any such recommendation in a Resolution adopted pursuant to an application determined by it.

D. In recognition of the lesser importance of applications for a Certificate of Appropriateness related to non-contributing structures/sites, only the criteria set forth in Section 807(D) (4) shall be applied by the Commission.

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Criteria for Review. In its review of historic landmarks or properties located with historic districts, the Commission shall give consideration to certain criteria, including but not limited to the following:

(1) The historical value of the landscape or streetscape.

(2) The historical value of a building, structure, site, object, improvement or district and its relationship to property of the surrounding area.

(3) The general compatibility of the proposed use to the historical value of the surrounding historic district. In regard to an application for new construction, alterations, additions or replacements affecting a historic site or an improvement within a historic district, and in addition to the criteria set forth in Section 807 (B), the following factors shall be considered in relation to its setting and context, including:

(a) Height.

(b) Massing.

(d) Proportion of openings within the building.

(e) Rhythm of spacing of buildings on streets.

(f) Rhythm of solids to voids on facades fronting on public places.

(g) Relationship of materials and texture.

(h) Construction in a range of design and style options which are consistent with neighboring buildings in the historic district.

(4) The general compatibility of the exterior design, arrangement, texture and materials proposed to be used with the historical value of the surrounding area. In carrying out its design review under these guidelines, the following criteria shall be utilized:

(a) All exterior elevations, including the roof, must be maintained and new construction must be compatible with existing structures, districts and surrounding areas.

(b) In-kind or similarly compatible building materials must be utilized.

808 DEMOLITIONS AND RELOCATIONS.

808.1 Criteria.

In regard to an application to demolish or relocate an historic landmark or an historic district resource, the following matters shall be considered:

A. Its current and potential use for those purposes currently permitted by the zoning ordinance or for the use proposed.

B. The probable impact of its removal upon the ambiance of the historic landmark or historic district.

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C. The structural soundness and integrity of the building, structure, site, object or improvement and the economic feasibility of restoring or rehabilitating same so as to comply with the requirements of the applicable construction codes.

D. The compelling reasons for not retaining the building, structure, site, object or improvement at its present location, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the building, structure, site, object or improvement as a result of the relocation.

E. The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this article and whether the proposed new location is visually compatible in accordance with the standards set forth herein.

808.2 Procedure.

A. Where Demolition Disapproved. In the event that the Historic Preservation Commission disapproves an application for a Certificate of Appropriateness to demolish an historic landmark or a building, structure, site, object or improvement located in an historic district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish same provided that all of the following requirements have been fully met:

(1) Appeal to Zoning Board of Adjustment. The owner has applied for the necessary Certificate of Appropriateness and has received notice of the Commission’s denial of same from the administrative officer and has appealed to the zoning board of adjustment, which has affirmed such denial.

(2) Sale for Fair Market Value. Following affirmance of the Commission’s determination by the Board of Adjustment, an owner who desires to further pursue demolition approval has for a period of at least 180 days (the “offer period”), and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, site, object or improvement and the land pertaining thereto to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement and the land pertaining thereto.

(3) Demolition Notice Posted and Publication.

a. Notice of any proposed demolition shall be posted on the exterior premises of the building, structure, site, object or improvement throughout the Notice Period in a location such that it is clearly readable. In addition, the applicant shall cause to be published in the official newspaper of the township a notice setting forth the following:

(1) The applicant’s intent to demolish, including a description of the subject property (by block and lot as well as by physical location) and a description of the building, structure, site, object or improvement to be demolished; and

(2) The applicant’s proposed use of the property following demolition; and

(3) The anticipated time frame(s) associated with the demolition; and

(4) A statement indicating that the applicant shall consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and

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(5) The applicant’s name and address, along with a telephone number where the applicant may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or to make an offer to purchase the property as set forth above.

b. The notice shall be published as follows:

(1) At least once within the first ten days of the Notice Period; and

(2) At least once within the period of time that is not less than ten nor more than 15 days prior to the expiration of the Notice Period; and

(3) At least once each 20 days between the above first and last notifications.

c. At the conclusion of the Notice Period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:

(1) Advise the Commission in writing of its intention to proceed with the demolition; and

(2) Certify in writing to its compliance with the provisions of the 180-day offer period; and

(3) Provide the Commission with a copy of the notice that appeared in the official newspaper of the township and a listing of all dates on which the said notice appeared in the newspaper; and

(4) Advise the Commission in writing as to whether any interested persons submitted an offer or offers to purchase the property, whether during the 180-day “offer period” or following the newspaper noticing referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and

(5) File copies of the affidavits of publication relating to the newspaper noticing with the Commission.

(4) Notice Period. The period of time during which notice must be given in the manner hereinbefore set forth shall be known as the “Notice Period” which shall commence on the tenth day following the date of the notice of denial of the appeal from the zoning board of adjustment and such Notice Period shall run for a period of time of 180 days.

B. Assignment. No assignment of the rights granted by a Certificate of Appropriateness to demolish shall be permitted.

C. Expiration of Approval.

(1) In cases where demolition is permitted, the Certificate of Appropriateness shall be valid for one year from the date of Historic Preservation Commission approval of the application. The one year period shall not be extended.

(2) At the time of issuance of the Certificate of Appropriateness to demolish, the administrative officer shall designate the period of time (within the one year approval period) within which demolition must be completed.

D. Approval after Change of Circumstances. The Commission may at any time during such Notice Period, if a significant change in circumstances occurs, approve a Certificate of Appropriateness to demolish, in which event, a permit from the administrative officer shall be issued within ten days thereafter.

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809 VIOLATIONS: PENALTIES AND INJUNCTIVE RELIEF.

It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a Certificate of Appropriateness, and, if it should be, to inform the administrative officer, the applicant, and the Historic Preservation Commission of the same.

809.1 Violations.

A. If any person shall undertake any construction activity on an historic landmark or property located within an historic district without first having obtained a Certificate of Appropriateness as provided in this article, or where such construction activity is not in compliance with a Certificate of Appropriateness previously issued, such person shall be deemed to be in violation of this article. Notwithstanding the foregoing, it shall not be a violation of this Ordinance in circumstances where the Construction Official has issued a construction permit, but has not advised the recipient of the construction permit to have first made application to the Commission.

B. After learning of the violation, the administrative officer shall personally serve a notice describing the violation in detail upon the owner of the lot whereon the violation is occurring.

C. If the owner cannot be personally served within the municipality with said notice, a copy thereof shall be posted on the site in question and a copy shall be sent by certified mail, return receipt requested, to the owner at his or her last known address as it appears on the municipal tax rolls.

D. Within ten days of receipt of the notice of violation, the violator shall be required to file an application for a Certificate of Appropriateness in the same manner as prescribed pursuant to section 806 of this article, and the notice shall advise the violator of such.

E. Upon receipt of the violator’s application, the Commission shall conduct a review of the said application and hold a public hearing in the same manner as prescribed for regular applications pursuant to section 805 of this article.

F. Upon the violator’s filing of an application for a Certificate of Appropriateness, the imposition of all enforcement action on behalf of the township shall be stayed until such time as:

(1) The Commission has rendered a decision on the violator’s application and the administrative officer has served notice thereof upon the applicant; and

(2) The violation is still deemed to be in existence; and

(3) No further appeal of the decision of the Commission and administrative officer relating to the said application is pending before the zoning board of adjustment or any court; and

(4) All appeal periods relating to the said application have expired.

G. If the Commission grants a Certificate of Appropriateness to the violator for the unauthorized work, then the violator shall no longer be deemed to be in violation of this article. If the Commission grants a Certificate of Appropriateness to the violator subject to certain conditions, then the violator shall be deemed to have cured the violation only upon its timely satisfaction of the said conditions in accordance with the requirements of the Commission. If the Commission denies a Certificate of Appropriateness to the violator for the unauthorized work, then the violation shall still exist and the violator shall be subject to appropriate enforcement action as prescribed by this article.

H. In the event that the violator fails to file a timely application for a Certificate of Appropriateness after having been served with a notice of violation as set forth above, or in the event that there is no longer any stay of enforcement activity in effect as set forth above and the violation is still deemed to be in existence, then the administrative officer shall cause to be issued a summons and complaint, returnable in the Millburn Municipal Court, charging violation of this article. Each

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separate day that the violation exists shall be deemed to be a new and separate violation of this article.

I. If a violation involves ongoing unauthorized construction or demolition work, the administrative officer shall immediately issue a stop construction order in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.

809.2 Penalties.

Any person who commits a violation of this article shall, in the discretion of the municipal court judge, be subject to penalties as follows:

(1) For each day up to 10 days: a fine of up to one thousand dollars ($1,000.00) ;

(2) For each day between 11 and 25 days: a fine of up to one thousand two hundred ($1,200.00) dollars per violation or in the maximum amount then in effect pursuant to state statute; and

(3) For each day beyond 25 days: imprisonment for a period not to exceed 90 days, a fine pursuant to Section 809.2(2) above, or both, and/or be required to immediately correct, abate and/or restore the premises or property to its previous condition.

809.3 Injunctive Relief.

In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the administrative officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or site or to prevent any illegal act, conduct, business or use in or about such premises as follows:

A. If any person shall undertake any activity requiring a permit, report or Certificate of Appropriateness of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and be required to immediately correct, abate and/or restore the premises or property to its previous condition pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to subsection B hereof.

B. In the event of the threat of imminent action or demolition for which the necessary approvals have not been granted and which action would permanently and adversely change a landmark or any building, structure, object or site located within a landmark district, the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.

810 PREVENTIVE MAINTENANCE; NOTICE OF VIOLATIONS.

A. Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic buildings, structures, objects and sites, the Township Committee hereby declares that code enforcement for such designated properties is a high municipal priority.

B. Notice of violation. In the event that any historic landmark or any building, structure, object or site located within a historic district deteriorates to the point that, in the best estimate of the administrative officer, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire building, structure, object or site on which the violation

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occurs, the administrative officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement and the replacement cost of the improvements and stating that, if the owner does not take all necessary remedial action within 60 days or such extensions as the administrative officer shall grant for good cause, the Township of Millburn's designated official may, at the expiration of said 60 days, enter upon the property and abate such violations and cause the cost thereof to become a lien on the property.

C. Hearing. Upon receipt of such notice, the owner may, within 20 days after such receipt, notify the administrative officer of his or her intentions to have a hearing as to the allegations and estimates set forth in the notice. Such hearing shall be conducted by the Commission and shall, so far as possible, be a formal adversary proceeding in which the administrative officer shall establish the matters alleged in the notice by a preponderance of the evidence. If a hearing is requested, the administrative officer will, within 10 days following the hearing, serve on the owner an opinion, in writing, setting forth his or her conclusions and the reasons therefore.

D. Action without a hearing. If the owner does not request a hearing, the findings of the administrative officer set forth in the notice issued in 809.3 shall be binding, and the administrative officer may take such necessary action as granted by the provisions of this article.

E. Right of abatement. If the owner does not comply with the findings of the administrative officer, the administrative officer may enter onto the premises and, by use of municipal labor or outside contractors, or both, perform such work as is necessary to abate all violations.

F. Costs. The administrative officer shall then certify to the Township Committee the cost of such work performed, plus all administrative, clerical, architectural, engineering and legal costs and overhead attributable thereto, and shall present the same to the Township Committee.

G. Lien. The Township Committee may by resolution vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes, and/or become subject to tax foreclosure in accordance with the state statutes governing the same.

Section 2

A. If any section or provision hereof shall be adjudged invalid, such determination shall not affect the other provisions hereof, which shall remain in full force and effect.

B. All ordinances and all provisions thereof inconsistent or conflicting with the provisions of this Article are hereby repealed to the extent of such conflict or inconsistency provided not otherwise required by law.

C. Pursuant to the provisions of N.J.S.A. 40:55D-15, notice of this ordinance has been given by personal service or certified mail, to the Municipal Clerk of all adjoining municipalities and by personal service or certified mail to the Essex County Planning board at least ten (10) days prior to the date of final hearing.

D. Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of any such inconsistencies.

E. The Township Clerk shall file this Ordinance with the Essex County Planning Board, and shall give notice of adoption to all adjoining municipalities as required by law.

F. This ordinance shall take effect after final passage and publication and as provided by law upon notice by personal service or certified mail to the Municipal Clerk of all adjoining municipalities and filing with the Essex County Planning Board, which will be done within thirty (30) days following the adoption of this ordinance.

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Ordinance 2471-16

Ms. Burstein brought forth and reviewed Ordinance 2471-16 for consideration of adoption. Mayor Bourke declared the public hearing open. Mr. Falcon noted that the Planning Board made recommendations based upon conformance to the Master Plan. The revisions proposed by the Planning Board were not substantive. Ann Ludwig, resident of Myrtle Avenue, asked if the changes addressed Air BNB. Mayor Bourke responded that it was not specific to this ordinance. Seeing there was no additional public comments, Ms. Burstein declared the public hearing closed and moved that Ordinance 2471-16 be passed on final reading as revised; the motion was seconded by Ms. Rosenberg.

Roll Call Vote: All Ayes

ORDINANCE NO. 2471-16 ORDINANCE TO AMEND AND SUPPLEMENT THE “DEVELOPMENT REGULATIONS AND ZONING ORDINANCE” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MILLBURN

Statement of Purpose: The purpose of this Ordinance is to adopt amendments to the Development Regulations and Zoning Ordinance of the Township which were recommended by the Board of Adjustment in its Annual Report for 2015.

WHEREAS, the Township of Millburn is desirous of implementing a series of modifications to the Development Regulations and Zoning Ordinance that are intended to bring them more in line with the requirements of Municipal Land Use Law of the State of New Jersey (N.J.S.A. 40:55D-1 et seq.) as well as to put in place certain changes recommended by the Zoning Board of Adjustment.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MILLBURN IN THE COUNTY OF ESSEX, AND STATE OF NEW JERSEY, AS FOLLOWS:

Section 1

Article 5 of the Township of Millburn Development Regulations and Zoning Ordinance entitled “Design and Performance Standards” is hereby amended and revised by deleting the following Sections: 501, 502, 503, 504, 505, 507, 510, 513, 515, 526, 529 and 530.

Section 2

Article 6 of the Township of Millburn Development Regulations and Zoning Ordinance entitled “Zoning Provisions” is hereby amended, supplemented and revised by adding the following:

609 SUPPLEMENTARY REGULATIONS

609.1 ACCESSORY USES IN RESIDENTIAL DISTRICTS

609.1a. Accessory uses permitted in residential districts are set forth in Article 6, Zoning Provisions.

609.1b. All accessory uses shall be constructed only within rear yards, except as modified in Section 609.5 for corner lots. Driveways shall be permitted in any yard subject to the coverage limitations set forth in this Ordinance.

609.1c. All accessory uses shall occupy an area no greater than 20% of the rear yard area and the unoccupied part of such rear yard shall include an area of at least 25% of the total lot area. This provision shall not apply to corner lots, where accessory uses shall occupy no more than 7% of the total lot area.

609.1d. Air conditioning units may be placed only in rear and side yards. If placed in a side yard, it shall be (a) screened from view from the street and adjoining properties by fencing or evergreen planting and (b) located a minimum of 2 times the required side yard setback from the nearest off-site principal building. If placed in a side or rear yard, it shall be located no more than 5 feet from the building being served. [Ord. 12-95]

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609.1e. All supportive mechanical equipment for an accessory use shall have a minimum setback equal to 3 times the accessory use setback or shall be within 5 feet of the principal structure and located within the rear yard only. See Section 606, Zone Requirements.

609.1f. Emergency Generators [Ord. No. 2416-13]

Emergency generators, which are intended to be permanently installed, shall be a permitted accessory use subject to the following:

(1) Except as otherwise provided herein, an emergency generator shall be permitted only within a side or rear yard.

(2) An emergency generator shall comply with the side and rear yard setback requirements for accessory uses in the zone.

(3) On corner lots, an emergency generator shall be permitted within a front yard provided that the setback to the corresponding front lot line shall be no less than a distance equal to 75% of the minimum front yard setback requirement for a principal building in the zone.

(4) If the area covered by an emergency generator pad is less than or equal to 50 square feet, such coverage shall not count towards maximum permitted lot coverage. If the area of coverage exceeds 50 square feet, the entire area of the emergency generator pad shall be counted toward maximum permitted lot coverage.

(5) An emergency generator shall be screened by fencing compliant with municipal ordinances or vegetation of a type, height and density that provides for year-round screening so that it will not be visible from adjacent properties or a public street. Such screening shall be maintained in good condition at all times.

(6) Approval for the installation of an emergency generator may be granted by the Building Department provided that the location and dimensions of the generator/pad are drawn to scale on a survey of the subject property which is accompanied by a certification by the homeowner that the survey is accurate as drawn and that there have been no material changes since the survey was prepared, and provided further that compliance with all of the requirements of this section is accurately depicted on the survey.

(7) The testing of an emergency generator shall be permitted only between 10:00 AM and 4:00 PM, Monday through Friday.

609.2 AMUSEMENT DEVICES

The operation of amusement and recreational devices as the principal use of any premises in the Township is prohibited. The operation of amusement and recreational devices as an accessory use is permitted in the B-1, B-2, B-3, and B-4 Districts.

609.3 BUFFERS

Within any nonresidential zone (CD, B-1, B-2, B-3, B-4, OR-1, OR-2, OR-3, or CMO), in which an application for development abuts a residential zone, a buffer shall be provided. No development is permitted in the buffer area.

609.3a. When the property of a nonresidential use abuts a residential use or zone on the side or rear, a strip of land 20% of the average width or depth of the property shall be designated as a buffer area and so indicated on the plat. Buffer areas shall be contiguous with residential property lines and shall be of uniform width. In no case shall the width of the buffer area be required to exceed 50 feet, and if the buffer area is less than 20 feet wide, the applicant shall erect a six-foot-high stockade or other wood fence, or equivalent dense evergreen planting a minimum of 6 feet in height with the buffer area and at a point parallel to the lot line of the abutting residential lot and at a distance appropriate for the landscaping treatment in the buffer area.

609.3b. In the buffer area, a solid and continuous landscape screen shall be planted and properly maintained to conceal the parking area, eliminate the glare of automobile lights throughout

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the year, and screen the building from the abutting residential areas. The landscape screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Trees shall be planted in an area 5 to 20 feet from the residential line in a zigzag pattern and not more than 6 feet apart, except where otherwise authorized by the approving authority. Evergreen trees shall not be less than 5 feet high when planted and the lowest branches shall not be more than one foot above the ground.

609.3c. The approving authority may consider the effectiveness of existing vegetation in providing the desired screening, and may consider other factors which may alter the design of the buffer.

609.3d. All loading areas and parking lots shall be buffered from adjoining streets, existing residential uses and residential zoning districts in accordance with this section.

609.4 COMMUNITY RESIDENCES FOR DEVELOPMENTALLY DISABLED AND SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE

Pursuant to N.J.S.A. 40:55D-66.1, Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence, which terms shall have the meanings set forth in N.J.S.A. 40:55D-66.2, shall be a permitted use in residential districts R- 3 through R-8. If such a residence or shelter houses more than 6 persons, excluding residence staff, it may be permitted upon the issuance of a conditional use permit by the Planning Board, provided that:

609.4a. No more than 15 persons, excluding resident staff, shall be housed in such a residence or shelter;

609.4b. No permit will be issued to a proposed residence or shelter located within 1,500 feet of an existing such residence or shelter;

609.4c. Such a residence or shelter be located only abutting an arterial or collector street;

609.4d A permit shall be denied if the number of persons, excluding resident staff, resident at such existing residences or community shelters in the Township exceeds 50 persons or 0.5 percent of the population of the Township, whichever is greater;

609.4e If a residence houses mentally ill persons, such residence must have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures established by regulation of the New Jersey Division of Mental Health and Hospitals of the Department of Human Services.

609.4f All such residences or shelters shall comply with all applicable standards of the New Jersey Uniform Construction Code and the Fire Prevention Code then in effect in the Township.

609.4g. All such community residences and shelters shall comply with the zoning requirements in the district in which they are located and for the type of housing that it is (single-family detached or single-family attached). Existing housing which does not conform to this Ordinance shall not be used for community residences or shelters.

609.4h. Such residences or shelters shall give preference to persons residing in the Township.

609.4i. One on-site parking space shall be provided for each 2 beds, plus one space for each staff member, whether or not a resident. One of the non-staff spaces shall be 12 feet by 19 feet to conform to the requirements of this Ordinance for handicapped parking.

609.4j. The exterior design of the facility shall conform to the general character of the area.

609.5 CORNER LOTS

Any principal building located on a corner lot shall meet the minimum front setback from both street lines. The building setback from the remaining property lines shall be considered the side setback. For the purpose of locating accessory uses on residential properties, they shall be no closer to any street line than 2 times the required front setback and shall not be located in the front yard. See Section 609.1 Accessory Uses in Residential Districts.

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609.6 FENCES AND WALLS

609.6a. Fences and walls shall not be located in any sight triangle (as sight triangle is defined in this Ordinance). Fences and walls or any combination thereof in side and rear yards shall not exceed (separately or combined) 6 feet in height. Walls, berms or solid mass in front yards shall not exceed 2 feet in height. Fences in front yards are prohibited, except for (a) fences surrounding or outlining landscaping which are 18 inches or less in height, (b) temporary fences which protect landscaping from winter damage and (c) decorative fences within a front yard not to exceed 4 feet in height, provided that the lot in question fronts on a County roadway and the fence is landscaped in order to maintain a natural quality; and provided further that no chain link fence or board on board fence shall be permitted within a front yard, except that for a lot fronting on South Orange Avenue a board on board fence shall be permitted. A repair or replacement to a front yard fence is permitted under the following conditions: (a) the same material, design and color as original construction are used; (b) no additional length or height is added to the original; and (c) replacement is only permitted when the replacement fence is 4 feet or less in height. A repair or replacement to a front yard wall is permitted provided that no additional length or height is added to the original. [Ord. 2155-99; Ord. 2241-04]

609.6b. Any combination of a retaining wall and fence shall have the maximum height of 6 feet; if the combined retaining wall and fence would exceed 6 feet in height, the fence must set back at least 3 feet from the wall and the area of the set back must be appropriately landscaped to prevent the appearance of a visual mass from off the property. The height of a retaining wall shall be measured from the lowest point of the grade at the base of the proposed wall prior to the construction of the wall. The height of a fence shall be measured from the ground after construction of the fence without regard to topography. [Ord 2155-99]

609.6c. Any retaining wall over 4 feet in height constructed to correct a ground condition shall be designed to address all drainage issues and must be approved by the Township Engineer. [Ord. 2151A-99]

609.6d. Fences with only one finished side shall be erected so that the finished side is visible from off the property on which it is to be installed. Fences which have 2 finished sides shall be erected so that both sides are substantially the same in appearance. [Ord. 2151A-99]

609.7 LOTS

609.7a. Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

609.7b. Each lot must front on an approved, paved street with a right-of-way of at least 50 feet.

609.7c. Where extra width for street widening in accordance with the Master Plan, Official Map or this Ordinance is called for, the land shall either be dedicated or, if not dedicated, shall be anticipated by increasing the lot size. The zoning considerations shall begin at such new or anticipated street line and all areas, dimensions, and setbacks shall be measured from such line.

609.7d. Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of this Ordinance, the building inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

609.7e. Through lots with frontage on 2 streets will be permitted only where the lot cannot be divided into 2 or more conforming lots.

6019.7f. Natural features such as trees, brooks, swamps, hilltops, and views shall be preserved wherever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape of the area.

609.8 NONCONFORMING LOTS AND STRUCTURES

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609.8a. Any existing structure on a nonconforming lot, or any existing structure on a conforming lot which violates any yard requirements, may have additions to the principal building or construct an accessory building without an appeal for a variance, provided the accessory building or the addition to the principal building does not violate any requirements of this Ordinance, and does not extend or increase any existing nonconformity. [Ord. 15-95; Ord. 2344-09]

609.8b. When the owner of a lot, at the time of adoption of this Ordinance, does not own any adjoining vacant land, and when the owner can utilize the lot for the uses permitted and comply with all zone requirements other than area and frontage, he may utilize the lot without obtaining a variance, otherwise a variance must be obtained for all requirements that cannot be met.

609.9 PRINCIPAL USE

There shall not be allowed or maintained on any lot more than one permitted principal use; provided, however, no more than one principal building shall be permitted on any one lot except that a shopping center, multi-family housing project, industrial complex, office complex, or office-hotel complex, all receiving site plan approval, may be permitted to have more than one building on a lot in accordance with the standards of the zoning district in which it is located.

609.10 STREET GRAPHICS

The purpose of this section is to create the legal framework for a system of street graphics.

609.10a Table of Design Elements

A Table of Design Elements for street graphics is included herewith. Except in Areas of Special Control, as set forth in Section 609.10g., no street graphic shall be erected, displayed, substantially altered, or reconstructed except in conformance with the Table of Design Elements, hereinafter referred to as the Table.

TABLE OF DESIGN ELEMENTS

Zoning Districts R-3 thru R- B-1, B-2 OR-1 thru OR-3, 8, R-O B-3, B-4 CMO, CD, C

Basic Elements Wall Graphic-Area 2 sq. ft. 20% 20% 10% (Note A) Wall Graphic-Height 1 ft. 2 ft. 2 ft. 2 ft. (Note A) Ground Graphic-Area 2 sq. ft. (Note B) 20 sq. ft. 20 sq. ft. Ground Graphic-Height 5 ft. 15 ft. 10 ft. 5 ft.

Auxiliary Elements Awnings (Note E) N Y Y N Canopies N Y Y N Marquees N N Y N Time & Temperature N Y Y N Window N (Notes C & D) N Surface Color W + 1 All All W+2

Y = Yes; N = No; W = White [Ord. 12-93, 15-95] Notes: Note A: In the OR-3 District, buildings which are 2 or more stories in height and have a front setback of at least 100 feet, may have wall graphics displayed on each street frontage, provided: 1. Graphics are not over 7 feet in height; 2. Graphics are at least 20 feet above any area used by the public; 3. Graphic area does not exceed 150 square feet; 4. Graphic area does not exceed 5% of the wall area to which attached; 5. Graphic does not project above roof line.

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Note B: One ground graphic identifying the activities on the property may be displayed along each street or road which abuts the property, provided there exists at least 200 feet of unbroken frontage and a vehicular access. Ground graphics for individual businesses are not permitted. Area of graphic shall not exceed 50 square feet and height shall not exceed 15 feet above grade at street line. Setback shall be at least 20 feet from the street and all property lines. Note C: Temporary window graphics must be removed within 5 days after close of the sale or special event and in no event may be displayed more than 40 days. Graphics must be attached flat against the window glass and not occupy more than 25% of the total area of the window in which displayed. Note D: Permanent window graphics may not occupy more than 25% of the total area of the window in which displayed. Any lettering in the window which is less than 3 inches in height shall not be considered in this calculation. Note E: Awnings shall be permitted on any retail use in any zoning district under any of the following conditions: 1. The use is specifically permitted in the zoning district; or 2. The use is permitted through the granting of a use variance; or 3. The use is a valid pre-existing nonconforming use. [Ord. 12-93]

Note F: In the R-3 through R-8 and R-O Districts, wall and ground graphics shall not be illuminated, except for those Areas of Special Control as set forth in Section 609.10g.(1) and (2). [Ord. 15-95]

609.10b. Items of Information Allowed

a. Each land use is entitled to display street graphics containing up to 10 items of information on each street to which it has access. The name of the proprietor or the name of the business occupying the building and its premises shall count as only one item of information. The name may be displayed on each street frontage, even if the items of information use up the permitted 10 items.

b. An "item of information" means any of the following: a syllable of a word; an abbreviation; a number (whether one digit or more); a symbol; or a geometric shape. In addition, graphics combining several shapes are to be assessed one additional item for each non-continuous plane.

c. Lettering less than 3 inches in height, if contained in a wall graphic, is not included.

609.10c. Ground Graphics

a. Any land use may display one or more ground graphics, provided:

1. The face of the building or structure is set back at least 35 feet from the street line;

2. The ground graphic shall not exceed 8 feet in height, measured from the grade at the street line;

3. A ground graphic which is 6 square feet or more in area may be displayed only on a frontage of 100 feet or more;

4. The ground graphic shall be set back from each property line and the street line a minimum of 10 feet, or 1.5 times the height of the graphic, whichever is greater.

609.10d. Wall Graphics

a. The area permitted for wall graphics is shown in the Table of Design Elements.

b. "Signable area" of the building means an area of the facade of the building which is free of windows, doors, and major architectural detail. The percentage figures shown in the Table are based on the signable area. The following provisions apply in calculating the graphic area:

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1. If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as part of the graphic area;

2. If the graphic consists of individual letters, only the area of the letters is counted as part of the signable area.

c. A graphic may not cover or interrupt major architectural features, such as frieze, string courses, or other decorative facade details.

d. Wall graphics height limitations:

1. Wall graphics placed in the space between windows may not exceed in height more than 2/3 of the distance between the top of a window and the sill of the window above, or major architectural details related thereto;

2. Wall graphics may not extend above the second floor line, nor above the roof line of the building to which attached. [Ord. 9-87]

609.10e. Projecting Graphics are Not Permitted

609.10f. Special Situations

a. Street graphics may be displayed on the side or rear of a building adjacent to an off- street parking area if the off-street parking area is 40 feet or more in width. However, the side or rear of the building may not be included when calculating the signable area.

b. If a building has frontage on 2 or more streets, each side of the building is to be separately considered.

609.10g. Areas of Special Control

(1) A church, school or other quasi-public land use in an R-3 through R-8, or R-O Districts may display one ground graphic not larger than 15 square feet in area. Golf courses and private clubs may display one ground graphic not to exceed 10 square feet in area and 5 feet in height for each vehicular entrance from a public street.

(2) Apartments in the R-8 District may have one ground graphic not larger than 12 square feet in area and 5 feet in height for each 200 feet of street frontage.

(3) Automobile service stations may have one pole mounted ground graphic not larger than 15 square feet in area, nor more than 20 feet in height, in addition to the provisions of the Table of Design Elements.

(4) The following graphics are prohibited:

(a) Billboards; except as a conditional use in the Commercial/Medical Offices District (CMO), subject to the conditions set forth under Section 606.9d.* [Ord. 2305-07]

*Note: Codified per ordinance. Billboard provisions removed by Ord. 2326-08

(b) Portable graphics;

(d) Flashing or intermittent light for graphics.

(e) Temporary signs identifying architects, engineers, contractors, builders, painters, gardeners and any other tradesman or service providers engaged in construction, improvement, repair, refurbishing, landscaping or any other commercial activity relating to structures in residential zones. [Ord. 2170-00]

(5) The following temporary graphics are permitted and do not require a permit:

1. Graphics identifying the sale, rental, or lease of the premises on which located, subject to a maximum graphic area of 4 square feet in the R-3 through R-8 and R-0 Districts, and 9 square feet in all other districts; ground graphic provisions shall apply; graphics shall be removed no more than 7 days after the date

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when the contract or lease is signed or the reason for the graphic has ceased; open house graphics shall be allowed only during the day when the open house is being conducted.[Ords. 20-95, 2170-00]

2. Developments with 3 or more lots for sale shall be permitted one ground graphic not larger than 12 square feet in area or 5 feet in height;

3. Temporary window graphics;

4. Graphics on the grounds of churches, schools, or other quasi-public land uses provided they do not exceed 15 square feet and are not displayed for more than 14 days.

(6) Signs indicating the presence of a security device or system are permitted. Security device or system shall have the same meaning as a "local alarm" or a "private alarm system" as defined in Chapter IV, subsection 4-1.4 of the Revised General Ordinance of the Township of Millburn (1994). [Ord. 2170-00]

60910h. Permits

a. No street graphic other than temporary graphics as set forth in Section 609.10g.(5), or those operations set forth in paragraph c. below, shall be erected, altered, or relocated without a permit issued by the Zoning Officer.

b. Applications for permits shall include a drawing showing the design, location, pertinent details, and the name and address of the owner and applicant.

c. The following operations shall not require a permit:

1. Changing copy on a theater marquee;

2. Renovating an existing graphic where no change in copy is made.

609.10i. Auxiliary Elements See Table.

a. Awnings and canopies are permitted in the B-1 through B-4 Districts, and as otherwise permitted in accordance with Note E in the Table of Design Elements. Letters over 3 inches in height which are displayed are debited against the allowable graphic area.

b. Temporary window graphics are not debited against the allowable graphic area.

c. Indirect illumination, i.e. a light source not seen directly, is permitted.

d. Floodlight illumination is permitted, provided none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians.

e. Bare bulb illumination is not permitted.

609.10j. Advisory Board

The Design Review Committee shall act in an advisory capacity to the Planning Board, Board of Adjustment, and Zoning Officer relating to street graphics.

609.11 SWIMMING POOLS

609.11a. No private residential pool shall be installed on any lot unless it contains a residence and said pool shall be accessory to the residence. The pool shall meet the setback and other requirements for accessory uses set forth in Sections 606 and 609.1 of this Ordinance. Swimming pool areas shall be permitted to have general above-ground lighting up to 30 inches in height.

609.11b. Pools shall be installed, operated, and used in accordance with other health and safety ordinances regarding water filtration, circulation, and treatment; fencing; noise; and lighting.

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609.12 TRAILERS, CAMPERS AND BOATS

No trailer, camper or boat shall be used for dwelling purposes or as sleeping quarters, nor shall any such equipment be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used temporarily when a building has been damaged, or for temporary use as a construction office located on a site during construction provided a temporary permit has been issued for its use by the construction official. This section shall not be construed to prohibit the parking or storage of such equipment on private premises, except that the parking or storage shall be in rear yard areas only.

Section 3

Article 6 of the Township of Millburn Development Regulations and Zoning Ordinance is hereby amended, supplemented and revised by adding the following under Section 606.7b. Permitted Principal Uses:

6. Physical Fitness Studios

Section 4

Article 6 of the Township of Milburn Development Regulations and Zoning Ordinance is hereby amended and revised by deleting the following sentence under Section 607.2 Minimum Parking Requirements:

Parking spaces, access drives, access space and other circulation to service parking located within that portion of the lot covered by the roof of a building shall not be counted toward meeting the parking requirements of this Ordinance.

Section 5

Article 6 of the Township of Millburn Development Regulations and Zoning Ordinance is hereby amended and revised by adding the following:

607.4 Waiver of Parking Requirements in the B-4 District

In the B-4 district, there shall be no requirement to provide off-street parking spaces for any use of land or building legally existing on the date of adoption of this amendment or for a changed use which would not result in any increased off-street parking requirement in accordance with the standards set forth above; provided, however, that existing parking spaces on such premises are maintained or alternate parking spaces are established to replace them subject to Planning board or Zoning Board of Adjustment approval. Any existing requirements for the provision of off-street parking spaces, including requirements to purchase municipal parking permits, which may have been previously approved by the Board having jurisdiction, shall continue in full force and effect unless modified by the parties thereto. For the purpose of this requirement, any existing floor space which may be vacant on the date of the adoption of this amendment shall be considered to have been in use for the purpose for which it had last been used prior to its becoming vacant. If the use of any existing premises is changed in such a way as to increase the minimum number of required off-street parking spaces in accordance with the standards as set forth herein, the applicant shall be required to purchase municipal parking permits for such increased number of required off-street parking spaces.

607.5 Masking of Below Building/Ground Level Parking

Below building/ground level parking shall be completely hidden from view of public streets. Such parking shall either be located behind active uses or shall be screened by architectural detailing.

Section 6.

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The provisions of this Ordinance are severable and the invalidity of any phrase, clause or part of this Ordinance shall not affect the validity or effectiveness of the remainder of the Ordinance.

Section 7.

This Ordinance shall take effect after final passage and publication as provided by law.

Ordinance 2473-16

Mr. Mount brought forth and reviewed Ordinance 2473-16 for consideration of adoption. Mayor Bourke declared the public hearing open. Cary Heller, resident and business owner came forward, inquiring about changes to the ordinance that will allow authorized busses from NJ Transit to make the left hand turn onto Main Street from Essex Street. Messrs. Mount and Heller engaged in a conversation regarding how and why the decision to allow the turn was made and whether or not County approval was required. Messrs. Tillotson and McDonald also participated in the discussion. Ms. Eglow stated she believes we are creating a safety issue that did not exist before and Mr. Mount disagreed. Seeing there was no additional public comment, Mr. Mount declared the public hearing closed and moved that Ordinance 2473-16 be passed on final reading; the motion was seconded by Ms. Rosenberg.

Roll Call Vote: All Ayes

ORDINANCE NO. 2473-16 ORDINANCE TO AMEND CHAPTER VII SECTION 7-22 ENTITLED “TURN PROHIBITIONS” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MILLBURN

Statement of Purpose: The purpose of this Ordinance is to amend the existing Code to allow authorized New Jersey Transit buses that service bus route 70 in the Township to perform left turns from westbound Essex Street to southbound Main Street.

WHEREAS, the current turn prohibitions were established through the enactment of Chapter VII of the Revised General Ordinances of the Township of Millburn by the Township Committee of the Township of Millburn; and

WHEREAS, a review of the turn prohibitions for the intersections located at Essex Street and Main Street, has resulted in a recommendation to allow authorized buses to make the left hand turn from Essex Street to Main Street southbound

NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MILLBURN IN THE COUNTY OF ESSEX, AND STATE OF NEW JERSEY, as follows:

Section 1. Section 7-22 “Turn Prohibitions” is hereby amended in its entirety to read as follows:

No person shall make a turn at any location listed and only in the manner described. Turn Intersection Prohibited Movement Prohibited Campbell Road and Left Southbound on Campbell Road to eastbound Millburn Avenue Millburn Avenue, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. weekdays Deerfield Road and Left Eastbound on Deerfield Road to northbound on Old Short Hills Road Old Short Hills Road Essex Street and Left Westbound on Essex Street to southbound on Main Street Main Street except authorized New Jersey Transit buses servicing route 70 Millburn Avenue and Left Eastbound on Millburn Avenue to northbound on Main Street Main Street

December 20, 2016 Millburn Township Committee Meeting Minutes

Main Street and Essex Street Left Northbound on Main Street to Westbound on Essex Street Old Short Hills Road and Left Southbound on Old Short Hills Road to eastbound Brookside Drive on Brookside Drive from 4:00 p.m. to 6:00 p.m.

Intersection Movement Prohibited Turn Prohibited Old Short Hills Road and Left Northbound on Old Short Hills Road to westbound Haddonfield Road on Haddonfield Road from 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 4:00 p.m. on school days Old Short Hills Road and Right Southbound on Old Short Hills Road to westbound Haddonfield Road on Haddonfield Road from 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 4:00 p.m. on school days South Orange Avenue and Left Eastbound on South Orange Avenue to Exeter Road northbound on Exeter Road South Orange Avenue and Left Eastbound on South Orange Avenue to Andover Drive northbound on Andover Drive South Orange Avenue and Right Westbound on South Orange Avenue to Winthrop Road northbound on Winthrop Road, weekdays from 7:00 a.m. to 9:00 a.m., except school buses South Orange Avenue (CR 510) Left Eastbound on South Orange Avenue (CR 510) to and westerly driveway to the westerly driveway of Congregation B'nai Congregation B'nai Jeshurun Jeshurun, at all times Wyoming Avenue and Glen Left Northbound on Wyoming Avenue to west-bound Avenue on Glen Avenue No. 1 East Willow Street, Left Onto Main Street in southerly direction also known as Block 906, Lot 28, as shown upon the Township of Millburn Tax Maps (1967 Code § 24-11-14; Ord. No. 8-19-68 § 3; Ord. No. 1-19-70 § 1; Ord. No. 4-16-73 § 1; Ord. No. 22- 78 § 5; Ord. No. 28-78 § 2; Ord. No. 25-89 § 2; Ord. No. 19-90 §§ 1, 2; Ord. No. 24-95 § 1; Ord. No. 15- 97 § 1; Ord. No. 2193-01 § 1; Ord. No. 2341-09 § 6)

Section 2. The provisions of this Ordinance are severable and the invalidity of any phrase, clause or part of this Ordinance shall not affect the validity or effectiveness of the remainder of the Ordinance.

Section 3. This Ordinance shall take effect after final passage and publication as provided by law.

Ordinance 2472-16

Mayor Bourke brought forth and reviewed Ordinance 2472-16 for consideration of adoption. Mayor Bourke declared the public hearing open. Mr. Heller came forward and inquired about the references to a down payment. Mayor Bourke explained that the ordinance only authorizes the authorization to bond the money, but in no way authorizes the spending of money. He stated that it will allow for a window of opportunity for the 2017 Committee to decide if they would like to proceed with Phase II of the Complete Streets project, but does not commit them to anything. A discussion ensued about the timeline for the project. Ms. Burstein explained her decision to vote against this ordinance at the first reading, but said she now realizes it offers flexibility. Seeing there was no additional public comment, Mayor Bourke declared the public hearing closed and moved that Ordinance 2472-16 be passed on final reading; the motion was seconded by Mr. Mount.

Roll Call Vote: All Ayes

December 20, 2016 Millburn Township Committee Meeting Minutes

ORDINANCE NO. 2472-16 BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE DOWNTOWN MILLBURN STREETSCAPE AND PEDESTRIAN SAFETY IMPROVEMENTS PROJECT (PHASE II) IN, BY AND FOR THE TOWNSHIP OF MILLBURN, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $3,500,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS

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BE IT ORDAINED by the Township Committee of the Township of Millburn, in the County of Essex, State of New Jersey, as follows:

Section 1. The Township of Millburn, in the County of Essex, State of New Jersey (the

"Township") is hereby authorized to undertake the Downtown Millburn Streetscape and Pedestrian

Safety Improvements Project (Phase II) in, by and for the Township consisting of roadway, sidewalk, curb, lighting, traffic signal, traffic calming and other streetscape and pedestrian safety improvements.

Said improvements shall include all work, materials and appurtenances necessary and suitable therefore. Section 2. The sum of $3,500,000 is hereby appropriated to the payment of the cost of making the improvements described in Section 1 hereof (hereinafter referred to as "purpose"). Said appropriation shall be met from the proceeds of the sale of the bonds authorized and the down payment appropriated by this ordinance. Said improvements shall be made as general improvements and no part of the cost thereof shall be assessed against property specially benefitted.

Section 3. It is hereby determined and stated that (1) said purpose is not a current expense of said Township, and (2) it is necessary to finance said purpose by the issuance of obligations of said Township pursuant to the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes

Annotated, as amended; the "Local Bond Law"), and (3) the total estimated cost of said purpose is

$3,500,000, and (4) $175,000 of said sum is to be provided by the down payment hereinafter appropriated to finance said purpose, and (5) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $3,325,000, and (6) the cost of such purpose, as hereinbefore stated, includes the aggregate amount of $175,000 which is estimated to be necessary to finance the cost of such purpose, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section

20 of the Local Bond Law.

Section 4. It is hereby determined and stated that moneys exceeding $175,000, appropriated for down payments on capital improvements or for the capital improvement fund in

December 20, 2016 Millburn Township Committee Meeting Minutes budgets heretofore adopted for said Township, are now available to finance said purpose. The sum of

$175,000 is hereby appropriated from such moneys to the payment of the cost of said purpose.

Section 5. To finance said purpose, bonds of said Township of an aggregate principal amount not exceeding $3,325,000 are hereby authorized to be issued pursuant to the Local Bond Law.

Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted.

Section 6. To finance said purpose, bond anticipation notes of said Township of an aggregate principal amount not exceeding $3,325,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding.

Section 7. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance and shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law and may be renewed from time to time pursuant to and within limitations prescribed by the Local

Bond Law. Each of said bond anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of said Township and attested by the Township Clerk or Deputy Township

Clerk. Said officers are hereby authorized to execute said notes in such form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance and also the power to sell said notes, is hereby delegated to the Chief Financial Officer who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law.

Section 8. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of ten years computed from the date of said bonds.

Section 9. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Township Clerk of said

December 20, 2016 Millburn Township Committee Meeting Minutes

Township, and that such statement so filed shows that the gross debt of said Township, as defined in

Section 43 of the Local Bond Law, is increased by this ordinance by $3,325,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by said

Local Bond Law.

Section 10. Any funds received from private parties, the County of Essex, the State of

New Jersey or any of their agencies or any funds received from the United States of America or any of its agencies in aid of such purpose, shall be applied to the payment of the cost of such purpose, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purpose shall be reduced accordingly.

Section 11. The capital budget is hereby amended to conform with the provisions of

this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the

Local Finance Board showing full detail of the amended capital budget and capital program as approved

by the Director, Division of Local Government Services, is on file with the Township Clerk and is available

for public inspection.

Section 12. The Township intends to issue the bonds or notes to finance the cost of the

improvements described in Section 1 of this bond ordinance. If the Township incurs such costs prior to

the issuance of the bonds or notes, the Township expects to reimburse itself for such expenditures with

the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by

this bond ordinance.

Section 13. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and general obligations of the Township, and the Township shall levy ad valorem taxes upon all the taxable real property within the Township for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount.

Section 14. This ordinance shall take effect twenty days after the first publication thereof after final passage.

Public Discussion

Mayor Bourke asked if anyone had questions or comments for the Township Committee.

A resident from Myrtle Avenue came forward to discuss and active Bed & Breakfast (BNB) across the street from Wyoming School. She suggested a BNB ordinance be considered, especially due to its

December 20, 2016 Millburn Township Committee Meeting Minutes proximity to a school and pointed out that other towns are taxing them. Both Mayor Bourke and Ms. Burstein assured her that it will be looked into in the New Year.

Richard Galansky asked if consideration was given to making Spring Street two ways again as part of the Complete Streets project. Mr. Mount responded that it was considered in the review, but the Police Department was not in favor of making it two ways.

An unidentified resident came forward and discussed issues with parking in Lot 7 and a ticket her son received. She said she did a survey of the parking lot and on different days 29-42% of cars were parked illegally. She asked about the validity of the ordinance and questioned why it is not vigorously enforced. Mr. Mount agreed that the ordinance is outdated and needs to be addressed. Ms. Burstein stated it will be addressed in the New Year. A discussion ensued regarding the parking permit system.

Sam Levy, resident of 100 Browning Road and Committee member-elect, thanked Mr. Mount and Mayor Bourke for their service to the township.

Vicki Powell, DMDA President, thanked Mr. Mount, Mayor Bourke and the Township Committee for their service and dedication to the community. The DMDA presented the Township Committee with pictures of the newly constructed downtown and thanked them for the work that was done for the community and businesses.

Mayor Bourke made a brief statement regarding his time as a member of the Governing Body.

Closed Session (continuation)

Mayor Bourke asked if anyone has any remaining comments or questions, noting that they would be resuming the closed session that began before the meeting. The Committee reconvened to closed session at 9:00 PM.

Adjournment

The Township Committee reconvened to Regular Session and Mayor Bourke called for a motion to adjourn the meeting immediately after closed session which was offered by Ms. Burstein and seconded by Ms. Rosenberg.

The meeting was adjourned at 9:45 PM.

______Christine A. Gatti, RMC Township Clerk

Approved: February 7, 2017