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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
March 15, 2004
Mayor Pierson called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mayor Pierson, Mr. Schrier, Mr.
Krieg
Absent:
Mr. Phelan, Mr. D’Emidio
Also Present: Roger S. Clapp,
Esq., Township Attorney
Stephen
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Pierson read the following
statement:
STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township
of
Mendham
was given as required by the Open Public Meetings
March 4, 2004
; Notice was posted on the bulletin board in Township Offices and Notice was
filed with the Clerk on
March 4, 2004
.”
APPROVAL OF MINUTES –
February 24, 2004
– Mr. Schrier made a motion to approve these
minutes as written; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
OLD BUSINESS
Mayor Pierson noted that the proposal for a historic
preservation ordinance, prepared by the Historic Preservation Committee, has
been submitted to the Planning Board for their review at their meeting on
April 5, 2004
. Following that review the Planning
Board will then refer the ordinance
and their comments to the Township Committee for consideration.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Linda Nissink,
11 Conifer Drive
: on behalf of the
Conifer Drive
residents thanked the Township Committee for their efforts relative to the cell
tower proposed for a property off of
Conifer Drive
. She asked about the process of the
Township appearing before the DEP Historic Preservation Office to present the
adverse effects of the tower on the
Washington
Valley
and Brookside Historic Districts. Mayor
Pierson said the Township does expect to be involved with that process and that
he expects someone from the Environmental Commission would represent the
Township. Mr. Clapp said that this
is the subject of a 106 Review by the HPO at this point.
Mayor Pierson asked Mr. Clapp to give a quick review of the case.
Mr. Clapp said it has been six years since the application
for a cell tower began before the Board of Adjustment.
The application was for a use variance for a non-permitted use.
After three years of hearings the Board of Adjustment denied the
application and the denial was appealed to the Superior Court.
The decision of the Superior Court was appealed to the Appellate Court
which court remanded the case to the Board of Adjustment for approval of the
site plan. The Board of Adjustment
has filed a petition for certification to the Supreme Court.
Mr. Clapp noted that the Supreme Court only grants about 8% of the
petitions. He said alternate
locations for the cell tower have been sought and the major hurdle has been to
get the applicant to agree to any of the alternatives. Mayor Pierson said the
Township has been in negotiations with the Park Commission about possible sites
and there are also sites in Mendham Borough.
He said that if the Supreme Court hears the case and reverses the
Appellate Court decision then all the work will not have been in vain.
He also said that he will see the tower, if located on
Conifer Drive
, from his property and he is not happy about that and finds the federal
regulations that would permit a cellular tower in someone’s back yard a
miscarriage of justice.
Ms. Nissink said that based on the Appellate Court
decision, Verizon doesn’t have to accept any alternative.
She asked about requiring the building to be put underground.
She also gave the Township Committee a petition expressing concern with
the adverse impact upon Historic Districts.
Mayor Pierson asked Mr. Clapp about the impact of testimony before the
HPO. Mr. Clapp said this is one set
of federal laws against another set of federal laws.
He said the HPO can’t ban the tower but there may be some alternatives
regarding the building, but he doubts it would be underground.
Ms. Nissink asked how she and her neighbors would get
information about the status of this case at the HPO.
Mayor Pierson said that Mr. Mountain will be the contact.
Mr. Krieg said he attended the Board of Adjustment meeting
and felt the same frustrations. He
said that if the tower is to go on the Conifer site a monopole is the best
option. Mayor Pierson said a
flagpole style antenna is a possibility but it would have to be higher that the
monopole. Mr. Mills is researching
just how much higher a flagpole antenna would have to be.
He said that it may be less obtrusive if painted a gray-blue to blend in
with the sky.
Gerald Marcum,
18 Conifer Drive
: asked if a higher antenna such as
the flagpole style may require a red
light. It was pointed out that a red
light is only required at 200’. He
expressed concern about the potential noise generated by the air conditioners
and emergency generator.
Toni McTernan,
178 Mendham Road East
: asked if the Township has any
alternate sites available if the HPO asks for one.
Mayor Pierson said that of the 36 possible only one was deemed acceptable
by the applicant. Ms. McTernan asked
if the
Horizon Drive
site was offered. Mayor Pierson
said it was and was rejected by all five carriers.
Ms. McTernan asked what the Township’s proposal to the HPO would be if
they asked for alternative sites. Mayor
Pierson said
300 Mendham Road
would be one and two knolls near
Sunrise
Lake
would be another along with the
Horizon Drive
site and two others in Mendham Borough.
Leslie Allen,
12 Conifer Drive
: said that the Appellate decision
said that the Township did not offer any other sites.
Mr. Clapp said that is not the case; the Township offered one and it was
rejected and then offered another which was also rejected by the applicant.
There being no others present who asked to be heard, upon
motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
1. Resolution
R2004-33
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, PROVIDING FOR THE CONDUCTING OF THE ANNUAL BUDGET EXAMINATION
WHEREAS, N.J.S.A. 40A:4-78b
has authorized the Local Finance Board to adopt rules that permit municipalities
in sound fiscal condition to assume the responsibility, normally granted to the
Director of the Division of Local Government Services, of conducting the annual
budget examination; and
WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on
February 11, 1997
; and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5, the Township of Mendham
has been declared eligible to participate in the program by the Division of
Local Government Services, and the Chief Financial Officer has determined that
the Township meets the necessary conditions to participate in the program for
the 2004 budget year.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee that in
accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial
Officer’s certification, the governing body has found the budget has met the
following requirements:
1.
That with reference to the following items, the amounts have been
calculated pursuant to law and appropriated as such in the budget:
a.
Payment of interest and debt redemption charges
b.
Deferred charges and statutory expenditures
c.
Cash deficit of preceding year
d.
Reserve for uncollected taxes
e.
Other reserves and non-disbursement items
f.
Any inclusions of amounts required for school purposes
2.
That the provisions relating to limitation on increased
appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions
to limits on appropriations found at 40A:4-45.3 et seq. are fully met.
(Complies with the “CAP” law)
3.
That the budget is in such form, arrangement and content as
required by the Local Budget Law and N.J.A.C. 5:30-4 and
5:30
-5.
4.
That pursuant to the Local Budget Law:
a.
All estimates of revenue are reasonable, accurate and correctly
stated
b.
Items of appropriation are properly set forth
c.
In itemization, form, arrangement and content, the budget will
permit the exercise of the comptroller function with the municipality
5.
The budget and associated amendments have been introduced,
publicly advertised , and in accordance with the relevant provisions of the
Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5
shall not prevent such certification.
6.
That all other applicable statutory requirements have been
fulfilled.
BE IT FURTHER RESOLVED that a copy
of this Resolution be forwarded to the
Director of the Division of Local Government Services.
Mr. Schrier made a motion to adopt R2004-33; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
2. Public
Hearing on 2004 Municipal Budget.
Upon motion duly made and seconded the meeting was opened
to the public for comment on the 2004 Budget.
No one present asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public.
3. Resolution
R2004-34 to amend the 2004 Municipal
Budget (attached hereto and made a part hereof)
Mr. Krieg made a motion to adopt R2004-34; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
Upon motion duly made and seconded the meeting was opened
to the public for comment R2004-34. No one present asked to be heard.
Upon motion duly made and seconded the meeting was closed to the public.
4. Final
adoption of 2004 Municipal Budget.
Mr. Krieg made a motion to adopt the 2004 Municipal Budget;
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
5. Ordinance
7-2004 – First
Reading
ORDINANCE SUPPLEMENTING CHAPTER XXVIII, FIRE PREVENTION AND PROTECTION, OF
THE
MENDHAM
TOWNSHIP
ORDINANCE CODE WITH A NEW SECTION 28-3
ENTITLED “FIRE LANES”.
Mr. Schrier made a motion to adopt Ordinance 7-2004 upon
first reading with second reading and public hearing to be scheduled for
April 12, 2004
; Mr. Krieg seconded the motion.
ROLL CALL – All present voted YES.
A copy of Ordinance 7-2004 is attached hereto and made a
part hereof.
6. Resolution
R2004-35
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN
THE
COUNTY
OF
MORRIS
, NEW
JERSEY
,
AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC
WHEREAS, it is deemed appropriate that the Township Committee discuss the
matters hereafter mentioned without the presence of the public in accordance
with the provisions of R.S. 10:412b, being section 7b of the Open Public
Meetings Act.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
Matters relating to:
[X]
personnel
[x] contract negotiations
[x]
acquisition of property
[x] litigation
[x]
attorney/client privilege
shall be discussed by the Township Committee without the
presence of the public. It is
anticipated that these matters can be disclosed to the public when further
action is taken in connection with the discussion.
Mr. Schrier made a motion to adopt R2004-35; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
7. Resolution
R2004-36
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF
APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58
WHEREAS, there appears to be insufficient funds in the following 2003
appropriations to meet the demands thereon for the balance of the year:
TO: Construction
Code
OE
Police
SW
Buildings and Grounds
OE
WHEREAS, there appears to be a surplus in the following 2003
appropriations over and above the demand deemed to be necessary for the balance
of the year:
FROM:
Police
OE
Streets and Roads
OE
Tax Assessment
OE
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Mendham, in the County of Morris, New Jersey, that in accordance with the
provisions of NJSA 40A:4-58, part of the surplus in the appropriations
heretofore mentioned be and the same are hereby transferred to the
appropriations mentioned as being insufficient to meet the prior demands.
BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make
the following transfers:
TO:
Construction Code
OE
$1,000
Police
SW
2,000
Buildings and Grounds
OE
3,100
Total
$6,100
FROM: Police
OE
2,000
Streets and Roads
OE
3,100
Tax Assessment
OE
1,000
Total
$6,100
A certified copy of this resolution shall be forwarded by the Township
Clerk to the Treasurer.
Mr. Krieg made a motion to adopt R2004-36; Mr. Schrier
seconded the motion.
ROLL CALL – All present voted YES.
8. Resolution
R2004-37
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, GRANTING SPECIAL PERMIT TO IRENE’S SPRINGTREE FARM TO CONDUCT SPRING CLASSIC
HORSE SHOW
WHEREAS, Chapter IV General Licensing of the Revised General Ordinances
of the Township of Mendham, 1998, provides for the application to the Township
for a special permit for the owner or operator of an equestrian farm to hold or
conduct a horse show; and
WHEREAS, the owners of Irene’s Springtree Farm have requested a special
permit to conduct a horse show on the premises of Irene’s Springtree Farm, 54
Hardscrabble Road, on April 23-25, 2004; and
WHEREAS, the Township Committee has reviewed the application and a public
hearing, pursuant to Chapter 4, Section 4-3.4, was held on
March 15, 2004
.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, as follows:
1.
Upon receipt of evidence that the provisions of Chapter 4, Section
4-3.4 have been addressed and approved by the appropriate officials of the
Township; and
2.
The Fee for Special Permit, calculated pursuant to Chapter 4,
Section 4-3.7, in the amount of $250.00, has been paid to the Township;
3.
A Special Permit is hereby granted to Irene’s Springtree Farm
for the conducting of the Spring Classic Horse Show on
April 23-25, 2004
Mr. Schrier made a motion to adopt R2004-37; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
9. Resolution
R2004-38
RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING
LINCOLN
FINANCIAL GROUP AS ADMINISTRATOR FOR
THE LOSAP DEFERRED PLAN
WHEREAS, the
Township
of
Mendham
has agreed to the establishment of a Length of Service Award Program (LOSAP)
Deferred Compensation Plan. This
plan is to be made available to all bona fide eligible volunteers who are
performing qualified services which is defined as fire fighting and prevention
services, emergency medical services and ambulance services pursuant to Section
457 of the Internal Revenue Code of 1986, as amended, except for provisions
added by reason of the Length of Service Award Program as enacted into federal
law in 1997. The establishment of
this Length of Service Award Program will also comply with New Jersey Public Law
1997, Chapter 388 and the Length of Service Award Plan Document;
and
WHEREAS, the Township of Mendham deems it
appropriate to act to ensure retention of existing members and to provide
incentives for recruiting new volunteer firefighters/first aid organization
members; and
WHEREAS, the
Township
of
Mendham
has a Length of Service Award Plan
Document that implements the Programs objectives; and
WHEREAS, certain tax benefits could accrue to eligible volunteer
firefighters organization members;
NOW THEREFORE BE IT RESOLVED that the
Township
of
Mendham
is adopting a Length of Service Award Program Deferred Plan which is
substantially similar to a Plan that has been submitted to the Internal Revenue
Service for a Private Letter Ruling. The
use of the Ruling is for guidance only and the Township of Mendham acknowledges
that for Internal Revenue Service purposes, the Ruling of another sponsoring
agency is not to be considered precedent; and
BE IT FURTHER RESOLVED by the Township Committee of the Township of
Mendham that, it hereby adopts a Length of Service Award Program Deferred Plan
provided by the Lincoln National Life Insurance Company and Lincoln Financial
Group, its agent, Plan Identifier: 01-LOSAP-LINCOLN-101700; and
BE IT FURTHER RESOLVED that The Lincoln National Life Insurance Company
and Lincoln Financial Group, its agent, has agreed to be the provider for the
Township of Mendham Length of Service Award Deferred Program and its eligible
volunteers as provided for in its Length of Service Award Plan Document, Plan
Identifier: 01-LOSAP-LINCOLN-101700; and
BE IT FURTHER RESOLVED that the Lincoln National Life Insurance Company
and Lincoln Financial Group its agent, will provide, for the benefit of the
participants, a Multi-Fund Variable Annuity contract as its funding vehicle; and
BE IT FURTHER RESOLVED that in accordance with N.J.A.C. 5:30-14.37 the
Township of Mendham solicited proposals for a Length of Service Award Program (LOSAP)
and Service Agreement from 3 providers of LOSAP services.
The Vendors responding to the request for proposals were Lincoln National
Life Insurance Company and Lincoln Financial Group its agent, Hagedorn Actuarial
Service, Inc, and Standard Security Life Insurance Company of
New York
. The successful vendor is
Lincoln Life Insurance Company and Lincoln Financial Group, its agent.
The
Township
of
Mendham
reviewed both proposals of the
responding companies. Lincoln
National Life Insurance Company was selected because of the level of service,
the financial stability of the company, features of the plan’s investment
options and references; and
BE IT FURTHER RESOLVED that there has been no collusion, or evidence or
appearance of collusion, between any local official and a representative of
Lincoln National Life Insurance Company and Lincoln Financial Group, its agent,
in the selection of a provider pursuant to N.J.A.C. 5:30-14.29.
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to
execute an Administrative Services Agreement with the Lincoln National Life
Insurance Company and Lincoln Financial Group, its agent, Plan Identifier:
01-LOSAP-LINCOLN-101700, and such other agreements as are necessary to implement
the LOSAP Deferred Program. It is
implicitly understood that there is to be no cost other than the Service Award
by the Township of Mendham to the program; and
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to
serve as the “Local Plan Administrator” of the plan, represent the Township
of Mendham, and execute individual Participation Agreements between Lincoln
National Life Insurance Company and Lincoln Financial Group, its agent and bona
fide eligible volunteers; and
BE IT FURTHER RESOLVED by the Township of Mendham that the Clerk forward a
certified true copy of this resolution to
the Chief Financial Officer; and
BE IT FURTHER RESOLVED that the Chief Financial Officer will submit all
necessary documents to the Director of the Division of Local Government Services
in the State Department of Community Affairs for approval.
Mr. Schrier made a
motion to adopt R2004-38; Mr. Krieg seconded the motion.
ROLL CALL – All
present voted YES.
10.
Resolution R2004-39
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING THE TOWNSHIP ADMINISTRATOR’S
SIGNATURE
ON
THE SOIL EROSION & SEDIMENT CONTROL PERMIT FOR THE DISPOSAL BEDS AT THE
MENDHAM EAST WASTEWATER TREATMENT PLANT
WHEREAS, the Township of Mendham
must submit an application for a Soil Erosion and Sediment Control Permit prior
to the construction and rehabilitation of the Disposal Beds at the Mendham East
Wastewater Treatment Plant; and
WHER EAS. The Township Administrator
must be authorized to sign the application for the Soil Erosion and Sediment
Control Permit for the Disposal Beds at the Mendham East Wastewater Treatment
Plant.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
, that
Stephen
P.
Mountain
, Township Administrator, is hereby authorized to sign the application for the
Soil Erosion and Sediment Control Permit for the Disposal Beds at the Mendham
East Wastewater Treatment Plant on behalf of the
Township
of
Mendham
.
Mr. Schrier made a motion to adopt R2004-39; Mr. Krieg
seconded the motion.
ROLL CALL – All present voted YES.
11. Resolution
R2004-40
RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, APPOINTING PERMANENT EMPLOYEE TO THE
DEPARTMENT OF PUBLIC WORKS
WHEREAS, Jason Varro has successfully completed the appropriate
probationary period of employment; and
WHEREAS, the Superintendent of the Department of Public Works has
reported that Jason Varro has completed probationary status and recommends that
he be appointed a permanent employee of the Department.
NOW, THEREFORE, BE IT RESOLVED that Jason Varro be appointed as a
permanent employee in the Department of Public Works effective
March 5, 2004
.
Mr. Krieg made a motion to adopt R2004-40
Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
12. Sean M.
Kumpf was recognized as a new member of Brookside Engine Co.
Timothy D. Ferrante, Daniel J. Buell and Derek J. Cacchio were recognized
as new members of Ralston Engine Co.
13. Mayor
Pierson applauded Mr. Schrier for his work on the
Highlands
task force as well as his position with the Fish & Game Council and the
issue of the Bear Hunt.
ADMINISTRATOR REPORT
1. Mr. Mountain
updated the Committee on the meeting between he and Mayor Pierson and Greg
Somjen, Architect, to review the site plan for the municipal complex and to
include the siting of the proposed firehouse as well as stormwater and septic
facilities. Specific concepts for
options for the police headquarters will also be addressed.
Mr. Somjen will provide the document by the end of this month and the
summary of costs provided was well within the expected range.
2. Mr. Mountain
provided an update on the reassessment of the Township.
He met with Mr. DelGuercio and members of the Finance Department to
review the procedure that will be followed.
A general information session is scheduled for
March 31, 2004
at
7:30 p.m.
in Township Hall and is open to the public.
3. Mr. Mountain
will contact the Township’s Environmental Consultant to request a brief report
on the amendment to the wastewater management plan that is necessary because of
the septic changes on the Girl Scout property.
The report will then be forwarded to the DEP.
Mr. Schrier asked that a copy
of the report be provided to the Environmental Commission co-chairs.
4. Mr. Mountain
said that the Borough has adopted the Library Interlocal Agreement with the
changes that had been proposed. He
suggested that the Township Committee act on the agreement at the March 23rd
meeting.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
NJSLOM/Mayors Fax
Advisory(7)
2.
NJSLOM/Membership Alert
3.
Borough of Chester/Raritan
Highland
Compact
4.
Morris
County
Planning Board/Cross-Acceptance
5.
ANJEC/Stormwater
Regulations
6.
County
of
Morris/2002
Open Space Trust Fund Grant
7.
NJSLOM/Homeland Security
8.
NJDOT/Cold Hill Road
Project
9.
Student Representative to
Township Committee
10.
Morris County
Administrator/Homeland Security equipment
11.
NJDEP/Clean Communities
Grant
12.
Patriot Media/status
13.
Morris County St.
Patrick’s Day Parade Committee/Invitation to march
LEGISLATIVE REPORT
There was no Legislative Report.
APPROVAL OF BILL LIST
The Township Committee approved the charges listed by
department which list is attached hereto and made a part hereof.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Paula Oswald, Lt. Mendham Township First Aid Squad:
brought to the attention of the Committee the parking situation at the
Ralston Firehouse. The concern is
with public parking for the playground and the ball field.
She said people park in the spaces provided specifically for firemen and
first aiders and sometimes obstruct the entrance to the firehouse.
She asked if the Township could mark the blacktop to indicate no parking
in the reserved areas. Chief
Costanza was present and he said that without an ordinance in place there is no
way to enforce parking in those areas. Mayor
Pierson suggested that the fire and first aiders park directly behind those
offending vehicles to send an appropriate message.
Ms. Oswald also inquired about the status of the proposed
housing that may be made available to volunteers at India Brook Park.
Mr. Mountain said a draft lease has been provided to Ralston Engine Co.
for the duplex and he is awaiting their response.
He said it will then be given to the First Aid Squad for their comments.
There being no others present who asked to be heard, upon
motion duly made and seconded the meeting was closed to the public.
Upon motion duly made and seconded the Committee went into
closed session at
9:20 p.m.
Police Department personnel issues
were discussed. Mayor Pierson
updated the Committee on the cell tower application and Mr. Clapp briefly
discussed an attorney-client matter.
There being no other matters for discussion, upon motion
duly made and seconded the Committee returned to open session at
10:05 p.m.
There being no further business, upon motion duly made and
seconded the meeting adjourned at
10:05 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
Attachments:
Approved Bill List
Resolution R2004-34
Ordinance 7-2004
ORDINANCE 7
- 2004
ORDINANCE SUPPLEMENTING
CHAPTER XXVIII, FIRE PREVENTION AND PROTECTION, OF THE
MENDHAM
TOWNSHIP
ORDINANCE CODE WITH A NEW SECTION 28-3 ENTITLED “FIRE LANES”.
BE IT ORDAINED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
Section 1. Chapter XXVIII, entitled “Fire
Prevention and Protection”, of The Revised General Ordinances of the
Township
of
Mendham
, 1998, is hereby supplemented with a new Section 28-3 which shall read in its
entirety as follows:
“28-3
FIRE LANES
28.3.1 Designation. Public
or private fire lanes or fire apparatus access roads shall be required in the
township where the township Fire Official or township Fire Protection Subcode
Official deems them necessary for the efficient and effective operation of fire
apparatus and other emergency service vehicles.
As part of the Fire Official’s review of a development application
submitted to the planning board or board of adjustment and as part of the Fire
Protection Subcode Official’s review of an application for a construction
permit, the Fire Official or Fire Protection Subcode Official shall consider
whether a fire lane should be required. Proposed
fire lanes shall not conflict with prior approvals of the planning or zoning
board or which are the result of the issuance of a certificate of occupancy.
28-3.2 Design Standards.
Fire lanes required by this Section or by the New Jersey Uniform Fire
Code, N.J.A.C 5:70-1, et seq., or the New Jersey Uniform Construction Code,
N.J.A.C. 5:23-1, et seq., shall comply with the following standards:
a.
Fire lanes shall provide unobstructed access to fire hydrants, drafting
points, building entrances and exits to permit support of installed fire
protection systems, prompt evacuation of building occupants, interior access for
fire fighting equipment and personnel and exterior access for aerial, ladder or
other elevated platform situations.
b.
Before the issuance of a certificate of occupancy any public or private
road may be designated as a fire lane by the Fire Official and may be widened to
accommodate passage of fire apparatus if required due to its length or
accessibility to water supplies, fire fighting or rescue operations.
c.
Fire lanes and bridges carrying fire lanes shall be designed and
maintained to support the imposed loads of fire apparatus and shall be surfaced
to provide all weather driving capabilities with an asphalt, concrete or other
surface approved by the Fire Official.
d.
Fire lanes shall have a minimum width of eighteen (18) feet and an
unobstructed vertical clearance of not less than thirteen (13) feet, six (6)
inches, except that fire lanes servicing a building equipped with fully
automatic fire sprinklers shall be twelve (12) feet in width and may have a
surface other than in (c) above if approved by the Fire Official.
e.
Fire lanes shall not exceed the grade required by township ordinance for
private roads.
f.
Fire lane gates may be required by the Fire Official and shall comply
with the required lane width in the open position.
The design, operation and locking of gates shall be approved by the Fire
Official.
g.
The design of fire lanes shall conform to the provisions set forth in
this Section and shall be approved by the Fire Official.
28-3.3
Variances.
The Fire Official may approve requests for variances
from the design standards of this Section with the concurrence of
the
Mendham
Township
Bureau of Fire Prevention. No
variance
shall
be granted unless the Fire Official shall find that strict
compliance
with the standard would result in undue hardship and
that
the variance, if granted, will not unreasonably jeopardize the
safety
of township residents, fire fighters and the public in
general.
The standards and procedures for variances set forth in
the
Uniform Fire Safety Act, specifically N.J.S.A. 52:27D-200,
and
in the Uniform Fire Code, specifically N.J.A.C. 5:70-2.14,
shall
apply and be followed.
28-3.4
Maintenance of Fire
Lanes on Private Property. The
property
owner shall be
responsible for marking and maintaining any fire
lane located on the
owner’s property as it was originally designed
and approved.
All signage and supplementary markings of fire
lanes shall be
maintained in a clean and legible condition at all
times and replaced when
necessary to ensure adequate visibility.
Fire lanes shall be
maintained clear of ice, snow, vehicles and
obstructions by the
owner of the property.”
Section 2. This ordinance shall take effect
after final passage and publication as required by law.
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