Page 1 TOWNSHIP OF MONROE COUNCIL MEETING MINUTES REGULAR MEETING - APRIL 3, 2017 The Council of the Township of Monroe met in the Municipal Building, 1 Municipal Plaza, for a Regular Meeting. The was Called to Order at 7:00 p.m. by Council President Stephen Dalina with a Salute to the Flag. UPON ROLL CALL by the Township Clerk, Patricia Reid, the following members of Council were present: Councilwoman Miriam Cohen, Councilman Blaise Dipierro, Councilman Michael Leibowitz, Council Vice-President Elizabeth Schneider and Council President Stephen Dalina. ALSO, PRESENT: Mayor Gerald W. Tamburro, Business Administrator Alan M. Weinberg, Township Attorney Joel L. Shain, Engineer Mark Rasimowicz and Deputy Township Clerk Christine Robbins. There were approximately one hundred (100) members of the Public present in the audience. Council President Dalina requested the Township Clerk to read the following SUNSHINE LAW into the record: In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the Minutes of this meeting that adequate notice of this meeting has been provided by the following: 1. Posted on the Bulletin Boards within the Municipal Building on December 30, 2016 and remains posted at that location for public inspection; 2. Printed in the HOME NEWS TRIBUNE and STAR LEDGER on January 6, 2017; 3. Posted on the Bulletin Boards within the Municipal Complex; 4. Posted on the Monroe Township website; and 5. Sent to those individuals who have requested personal notice. In accordance with Chapter 3, Section 17 of the Monroe Township Code, Public comment shall be limited to five (5) minutes unless further time is granted by the Council President. Mayor Tamburro presented former Council President Leslie Koppel with a plaque honoring her during her time on the Council. He congratulated her on her new title as Middlesex County Freeholder. Freeholder Koppel thanked her family, Council and Mayor Tamburro for all their support during her time on the Council. Council President Dalina wished Leslie the best of luck in her new position and thanked her for all her hard work and dedication. Councilwoman Cohen said that Leslie has always been a risk taker and hard worker and she is honored to have taken her place on council. Council Vice-President Schneider conveyed her well wishes and expressed that she will miss Leslie on council and she will be a phenomenal Freeholder. Councilman Leibowitz mentioned that Leslie is the Executive Director of Rise Community Partnership in Hightstown, NJ which helps those in need, adding that our relationship with Leslie will not end as we all should donate and volunteer our time when needed to help her organization. He also commented that it has been a pleasure to know her and work with her and wished her the best of luck. Councilman Dipierro commented that he has grown up with Leslie and watched her take on many different responsibilities such as PTA President, Councilwoman, Council Vice-President and Council President and is honored to have been able to work with her and wished her the best of luck in her new role as County Freeholder.
Page 2 A brief recess was taken and the meeting reconvened at 7:11pm. Mayor Tamburro stated that we are very proud of all the sports programs that are run through our recreation department but unfortunately, we do not have a bowling team so these kids have done it all on their own. The Athletic Director from the high school Greg Beyer is in attendance and most importantly coach Samantha Grimaldi who has done a terrific job. Coach Samantha Grimaldi read a brief statement into the record, as follows: This season has been an outstanding example of perseverance and pride for the Monroe Township Boys Bowling Team. Entering a new division and facing a different level of competition than in the past, the boys finished the season 9-5, though their work was not done just yet! The boys moved on to overtake the GMC competitor, Woodbridge, for the Group 3 Sectional Championship, the first sectional championship in school history for the bowling team. Moving forward they scored an impressive 3,227 in total pin fall to advance as the highest pin-fall in the state and win the Group 3 State Championship. An honor that had only been won in past school history by the 1987 Hall of Fame Boys Soccer Team. Not only were they Sectional and State Champions, but also had individual triumphs as well. Louie Folgore bowled his first 300 game and was honored as an All-Conference GMC Bowler and an All Division Bowler. Congratulations to the boys on a phenomenal season. As you move forward in your lives, always remember the magic you created with one another on and off the lanes. The Boys Bowling Group III New Jersey State Champions were all given awards for their achievement, as follows: Boys Bowling Group III New Jersey State Champions Louis Folgore Zachary Waynor Riyaz Mohamed Devin Maddox Ryley McKiernan Tyler Kresan Joseph Hoehler Zachary Volkmann Head Coach: Samantha Grimaldi Athletic Director: Greg Beyer A brief recess was taken and the meeting reconvened at 7:23pm. Mayor Tamburro presented a Proclamation to members of the Jewish Family Services of Middlesex County for NATIONAL SERVICE RECOGNITION DAY April 4, 2017; one of the main functions that they do out of their office located in Monroe Township is the kosher meals on wheel s program. The following PROCLAMATIONS of Mayor Gerald W. Tamburro were read into the record: AUTISM AWARENESS MONTH - APRIL April 2, 2017 WORLD AUTISM AWARENESS DAY 2017 U DRIVE. U TEXT. U PAY. April 1-21, 2017 ARBOR DAY April 28, 2017 LEAGUE OF WOMEN VOTERS BI-ANNUAL CONVENTION April 28, 2017 SEXUAL ASSAULT AWARENESS MONTH APRIL April 26, 2017 WEAR DENIM DAY
Page 3 UPON MOTION made by Councilwoman Cohen and seconded by Council Vice-President Schneider, the CLAIMS per run date of 03/22/2017 were approved for payment as presented. ROLL CALL: Councilwoman Miriam Cohen Councilman Blaise Dipierro Councilman Michael Leibowitz Council Vice-President Elizabeth Schneider Council President Stephen Dalina UPON MOTION made by Councilman Leibowitz and seconded by Council Vice-President Schneider, the MINUTES of the February 27, 2017 Agenda Meeting, March 6, 2017 Regular Meeting and the March 6, 2017 Closed Meeting were approved as written and presented. ROLL CALL: Councilwoman Miriam Cohen Councilman Blaise Dipierro Councilman Michael Leibowitz Council Vice-President Elizabeth Schneider Council President Stephen Dalina UPON MOTION made by Councilwoman Cohen and seconded by Council Vice-President Schneider, an Ordinance of which the following is the title was moved on second reading for final passage: O-3-2017-004 ORDINANCE AMENDING THE 2015 2018 SUPERVISORY PERSONNEL SALARY AND WAGE ORDINANCE FIXING THE SALARIES AND WAGES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONROE AND PROVIDING FOR THE MANNER OF PAYMENT THEREOF AND RATIFYING SALARIES AND PAYMENTS TO EMPLOYEES AND OFFICIALS PREVIOUSLY PAID. ORDINANCE as follows: (O-3-2017-004) BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that the 2015 2018 Supervisory Personnel Salary and Wage Ordinance shall be amended as follows: SECTION 1. The following annual salaries, wages and fees shall be paid, effective/retroactive as hereinafter specified: POSITION 2016 to 2018 SALARY AND WAGE RANGES Interim QPA P/T - $1,000/month Retroactive to April 1, 2017 Certified Parks Manager F/T $85,000 to $95,000 Effective date July 1, 2017 Administration Budget Manager P/T $10,000 to $12,000 Retroactive to January 1, 2017 Assistant to Emergency Management Coordinator P/T $15,000 to $30,176 Retroactive to January 1, 2017 Finance Office Manager P/T $ 5,000 to $10,000 Retroactive to January 1, 2017 SECTION 2. All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance shall be and the same are hereby repealed. SECTION 3. If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Page 4 SECTION 4. This Ordinance shall take effect upon final passage and publication as provided by law. SO ORDAINED, as aforesaid. There was no Public or Council discussion. Councilwoman Cohen and seconded by Council Vice-President Schneider, moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-004 ORDINANCE AMENDING THE 2015 2018 SUPERVISORY PERSONNEL SALARY AND WAGE ORDINANCE FIXING THE SALARIES AND WAGES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONROE AND PROVIDING FOR THE MANNER OF PAYMENT THEREOF AND RATIFYING SALARIES AND PAYMENTS TO EMPLOYEES AND OFFICIALS PREVIOUSLY PAID. ROLL CALL: Councilwoman Miriam Cohen Councilman Blaise Dipierro Councilman Michael Leibowitz Council Vice-President Elizabeth Schneider Council President Stephen Dalina Copy of Ordinance Duly Filed. O-3-2017-004 UPON MOTION made by Councilman Leibowitz and seconded by Councilman Dipierro, an Ordinance of which the following is the title was moved on second reading for final passage: O-3-2017-005 ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF THE TOWNSHIP OF MONROE, MIDDLESEX COUNTY ENTITLED, VEHICLES AND TRAFFIC. ORDINANCE as follows: (O-3-2017-005) BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex, New Jersey as follows: SECTION 1. Section 122-42, Schedule XIII of the Code of the Township of Monroe, which Section establishes Bus Stops within the Township of Monroe shall be amended to include the following: In accordance with the provisions of Section 122-18, the following described locations are hereby designated as bus stops: NAME OF STREET SIDE LOCATION ADD: Applegarth Road (CR 619) North Northbound on the Easterly side of Union Valley Road (near side) beginning at the southerly curbline of Union Valley Road and extending 105 Southerly therefrom. Applegarth Road (CR 619) South Applegarth Road (CR 619) North Southbound on the Westerly side of Cranbury Station Road (near side) beginning at the northerly Curbline of Cranbury Station Road and extending 105 Southerly therefrom. Northbound on the Easterly side of Federal Road (far side) beginning at the northerly curbline of Federal Road and extending 100 northerly therefrom.
Page 5 Applegarth Road (CR 619) South Southbound on the Westerly side of Halsey Reed Road (near side) beginning at the northerly curbline of Halsey Reed Road and extending 105 northerly therefrom. SECTION 3. All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of such inconsistency. SECTION 4. If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective. SECTION 5. This Ordinance shall take effect twenty days after final passage, adoption and publication according to law. There was no Public or Council discussion. As Councilman Leibowitz and Councilman Dipierro moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-005 ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF THE TOWNSHIP OF MONROE, MIDDLESEX COUNTY ENTITLED, VEHICLES AND TRAFFIC. ROLL CALL: Councilwoman Miriam Cohen Councilman Blaise Dipierro Councilman Michael Leibowitz Council Vice-President Elizabeth Schneider Council President Stephen Dalina Copy of Ordinance Duly Filed. O-3-2017-005 UPON MOTION made by Councilman Leibowitz and Council Vice-President Schneider, an Ordinance of which the following is the title was moved on second reading for final passage: O-3-2017-006 ORDINANCE REPEALING AND REPLACING CHAPTER 131A-1, ET SEQ. OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED AFFORDABLE HOUSING DEVELOPMENT FEES TO REFLECT AMENDMENTS TO THE FAIR HOUSING ACT. ORDINANCE as follows: (O-3-2017-006) WHEREAS, the Monroe Township Development Fee Ordinance was last amended in its entirety by Ordinance O-2-93-005; and WHEREAS, a 2008 amendment to the Fair Housing Act, and the Statewide Non- Residential Development Fee Act, expanded COAH s jurisdiction to include non-residential development fees; and WHEREAS, Monroe Township s Spending Plan, which was approved by the Superior Court of New Jersey on October 5, 2016, incorporates projected non-residential development fees; and WHEREAS, the Monroe Township Council wishes to update its development fee ordinance to incorporate these amendments and its approved spending plan; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 1. Section 131A-1, et seq. shall be repealed in its entirety and replaced with the following:
Page 6 131A 1. Purpose. A. In Holmdel Builder s Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the adoption of Rules by the Council on Affordable Housing (COAH). B. Pursuant to the Fair Housing Act, as modified by P.L. 2008, c. 46, Section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of COAH or a Court of competent jurisdiction and have an approved Spending Plan may retain development fees collected from both residential and non-residential developments. C. This Ordinance establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with COAH s regulations and are in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This Ordinance shall be interpreted within the framework of COAH s rules on development fees, codified at N.J.A.C. 5:94-6. 131A 2. Basic Requirements. The Township of Monroe shall spend development fees in accordance with its Spending Plan approved by Order of The Honorable Douglas K. Wolfson on October 5, 2016, as amended and approved by the Superior Court of New Jersey from time to time. 131A 3. Definitions. The following terms, as used in this Ordinance, shall have the following meanings: Affordable housing development means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable housing development. COAH or the Council means the New Jersey Council on Affordable Housing established under the Act which had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State until 2016 when jurisdiction was vested in the Superior Court of New Jersey. Development fee means money paid by a developer for the improvement of property as permitted at N.J.A.C. 5:94-6. Developer means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Equalized assessed value means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c). Green building strategies means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services. Substantive Certification means a determination by an administrative agency responsible for implementing the Fair Housing Act and adopting regulations pursuant thereto for approving a municipality s housing element and fair share plan in accordance with the provisions of the Act or its equivalent when granted by a Court of competent jurisdiction.
Page 7 131A 4. Residential Development Fees A. Imposition of Fees 1) Within the Township of Monroe, all residential developers, except for developers of the types of developments specifically exempted below and developers of developments that include affordable housing, shall pay a fee of one percent (1.0%) of the equalized assessed value for all new residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit. 2) When an increase in residential density is permitted pursuant to a d variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a bonus development fee of six percent (6%) percent of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. B. Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments 1) Affordable housing developments and/or developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from the payment of development fees. 2) Improvements or additions to existing one and two-family dwellings on individual lots shall not be required to pay a development fee, but a development fee shall be charged for any new dwelling constructed as a replacement for a previously existing dwelling on the same lot that was or will be demolished, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit. Where a development fee is charged for a replacement dwelling, the development fee shall be calculated on the increase in the equalized assessed value of the new structure as compared to the previous structure. 3) Homes replaced as a result of a natural disaster (such as a fire or flood) shall be exempt from the payment of a development fee. 131A 5. Non-Residential Development Fees A. Imposition of Fees 1) Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to two and one-half percent (2.5%) of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots. 2) Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall also pay a fee equal to two and one-half percent (2.5%) of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes. 3) Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and one-half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure, i.e. land and improvements, and such calculation shall be made at the time the property qualifies for a final Certificate of Occupancy. If the calculation required under this Section results in a negative number, the non-residential development fee shall be zero.
Page 8 B. Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development 1) The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to a two and a half percent (2.5%) development fee, unless otherwise exempted below. 2) The two and a half percent (2.5%) development fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs. 3) Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption". Any exemption claimed by a developer shall be substantiated by that developer. 4) A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final Certificate of Occupancy for the non-residential development, whichever is later. 5) If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this Section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Township of Monroe as a lien against the real property of the owner. 131A 6. Collection Procedures A. Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a Building Permit. B. For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF State of New Jersey Non-Residential Development Certification/ Exemption to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF. C. The Construction Official responsible for the issuance of a Building Permit shall notify the Township Tax Assessor of the issuance of the first Building Permit for a development which is subject to a development fee. D. Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the equalized assessed value of the development based on the plans filed. E. The Construction Official responsible for the issuance of a final Certificate of Occupancy shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is subject to a development fee. F. Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee. G. Should the Township of Monroe fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c.46 (C.40:55D-8.6).
Page 9 H. Except as provided in Section 5.A.3) hereinabove, twenty-five percent (25%) of the initially calculated development fee shall be collected at the time of issuance of the Building Permit. I. Developers shall pay the remaining fee to the Township of Monroe when their properties qualify for, but prior to, the issuance of certificates of occupancy. When notified that the properties noted above qualify for certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at that time and the amount paid at the time the building permit is issued. J. The developer shall, within ten (10) days from receipt of notification from the Township, pay to the Township the difference between the development fees required to be paid by the developer once such final equalized assessed value has been determined and the estimated development fees actually paid by the developer. The failure of the developer to make timely payment of the aforesaid deficiency shall entitle the township to file, without further notice to the developer, a lien against the subject development. In the event the township shall file such lien, the township may add to the aforesaid deficiency amount reasonable attorney fees to file and discharge such lien, together with any and all costs incurred to file and discharge said lien. K. Appeal of Development Fees 1) A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Township of Monroe. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party. 2) A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Township of Monroe. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party. 131A 7. Affordable Housing Trust Fund A. By Ordinance O-5-2012-013 Monroe Township created an Affordable Housing Irrevocable Trust into which it transferred all Development Fee funds on deposit as of December 31, 2011 (the Irrevocable Trust ). All Development Fees received thereafter are deposited into an interest-bearing Affordable Housing Trust Fund in an official depository of the Township of Monroe created for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this chapter shall be submitted to the Treasurer of the Township for deposit into the Affordable Housing Trust Fund. No money shall be expended from the Irrevocable Trust, or the Affordable Housing Trust Fund, unless the expenditure conforms to the Spending Plan approved by the Superior Court of New Jersey. B. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount: 1) Payments in lieu of on-site construction of a fraction of an affordable unit; 2) Funds contributed by developers to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached unit development accessible; 3) Rental income from municipally operated units; 4) Repayments from affordable housing program loans; 5) Recapture funds;
Page 10 6) Proceeds from the sale of affordable units; and program. 7) Any other funds collected in connection with Monroe s affordable housing C. Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by the Superior Court of New Jersey. 131A 8. Use of Funds A. The expenditure of all funds shall conform to the Spending Plan approved by the Superior Court of New Jersey. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Superior Court of New Jersey to address the Township of Monroe s fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or State standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity listed as permitted in COAH's Rules and specified in the Court-approved Spending Plan. B. At least thirty percent (30%) of all development fees collected and interest earned on such fees shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of the median income for Housing Region 3, in which the Township of Monroe is located. 1) Affordability assistance programs may include, but are not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, moving expenses not to exceed $500 per family, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs. 2) Affordability assistance to households earning 30 percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning 30 percent or less of median income. The use of development fees in this manner may entitle the Township of Monroe to bonus credits pursuant to N.J.A.C. 5:97-3.7. 3) Payments in lieu of constructing affordable housing units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement. 4) Monroe Township has adopted the following specific affordability assistance programs: a) Rent subsidies for low- and moderate- income households based upon size of household and number of bedrooms in apartment. i. One-bedroom, low-income unit $55.00 per month subsidy. ii. One-bedroom, moderate-income unit $100.00 per month subsidy. iii. Two-bedroom, low-income unit $100.00 per month subsidy. iv. Two-bedroom, moderate-income unit $200.00 per month subsidy. v. Three-bedroom, low-income unit -- $150.00 per month subsidy. vi. Three-bedroom, moderate-income units -- $250.00 per month subsidy.
Page 11 households: b) The following additional assistance is offered to very low-income i. Payment of "moving expenses" based upon verified receipts, in an amount not to exceed One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per household. ii. iii. Rental security deposit Deposits paid to landlord to be returned to the Township Affordable Housing Trust Fund upon termination of tenancy. Rent subsidies for very low-income households based upon number of bedrooms in apartment: (a) (b) (c) One-bedroom $75.00 per month subsidy. Two-bedroom $125.00 per month subsidy. Three-bedroom -- $175.00 per month subsidy. c) Buyer assistance. The Township may pay the following from the Affordable Housing Trust Fund to, or on behalf of, low- and moderate-income households to assist with the purchase of an affordable unit in which the buyer's household will reside: i. Payment of closing costs: i.e., title work and policy, reasonable attorney s fees for closing of title, preparation of survey, homeowners insurance, recording fees, and other necessary closing expenses to third parties, not to exceed one thousand five hundred dollars ($1,500.00) per unit. ii. Payment of lender fees: i.e., mortgage points, application fees, appraisal fees, bank attorney review fees, and necessary mortgage closing expenses, not to exceed one thousand five hundred dollars ($1,500.00) per unit. iii. The total buyer assistance per unit shall not exceed three thousand dollars ($3,000.00) for the above referenced assistance grants. iv. Down payment assistance in the form of a repayable loan, to be repaid to the Township of Monroe Affordable Housing Trust Fund upon the resale of the affordable housing unit (said assistance not to exceed ten percent (10%) of the purchase price). Down payment assistance is subject to approval by the lender. 5) A low- or moderate-income household may not be denied affordability assistance unless funding is no longer available from the Affordable Housing Trust Fund. C. The Township of Monroe may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18. D. No more than 20 percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program. 1) In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses. 2) Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the Superior Court of New Jersey s monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council s regulations and/or actions are not eligible uses of the Affordable Housing Trust Fund.
Page 12 131A 9. Monitoring The Township of Monroe shall file such monitoring reports and forms necessary to comply with the Superior Court of New Jersey s monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Monroe Township s affordable housing program, as well as to the expenditure of revenues and implementation of the Housing Element and Fair Share Plan approved by the Court. 131A 10. Ongoing Collection of Fees A. The ability of the Township of Monroe to impose, collect and expend development fees shall expire July 1, 2025, unless prior thereto the Township of Monroe has filed an adopted Housing Element and Fair Share Plan with the Superior Court of New Jersey or with such other State agency having jurisdiction over the adoption and enforcement of Rules in connection with the implementation of the Fair Housing Act and approval of municipal Housing Elements and Fair Share Plans, has petitioned for Substantive Certification or a Judgment of Compliance, and has received approval of its Development Fee Ordinance. B. If the Township of Monroe fails to renew its ability to impose and collect development fees prior to July 1, 2025, it may be subject to forfeiture of any or all uncommitted funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c. 222 (C. 52:27D-320). Section 2. repealed. All ordinances or parts of ordinances inconsistent herewith are hereby Section 3. If any section, subdivision, sentence, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective. Section 4. provided by law. This Ordinance shall take effect upon final passage and publication as SO ORDAINED as aforesaid. Michele Arminio, 9 Nathaniel St. Mrs. Arminio asked if this was what was formerly known as COAH; Council President Dalina answered yes. She commented that she sees a lot of Developer s Fees and asked if this goes into the Township s budget; Assistant Township Attorney Schaffer answered that the funds go into the Affordable Housing Trust and is used in accordance with the spending plan. She added that the Special Court Master saw that there were additional fees that we could collect therefore this amendment is being made. Mayor Tamburro added that age restricted units are a part of the number of units we are obligated to build; we took the maximum amount of age restricted units which was 25%. As Councilman Leibowitz and Council Vice-President Schneider moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-006 ORDINANCE REPEALING AND REPLACING CHAPTER 131A-1, ET SEQ. OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED AFFORDABLE HOUSING DEVELOPMENT FEES TO REFLECT AMENDMENTS TO THE FAIR HOUSING ACT. ROLL CALL: Councilwoman Miriam Cohen Councilman Blaise Dipierro Councilman Michael Leibowitz Council Vice-President Elizabeth Schneider Council President Stephen Dalina
Page 13 Copy of Ordinance Duly Filed. O-3-2017-006 UPON MOTION made by Councilman Leibowitz and Council Vice-President Schneider, an Ordinance of which the following is the title was moved on second reading for final passage: O-3-2017-007 ORDINANCE AMENDING CHAPTER 131 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED AFFORDABLE HOUSING TO EXTEND AFFORDABILITY CONTROLS ON REHABILITATED OWNER OCCUPIED SINGLE FAMILY HOMES. ORDINANCE as follows: (O-3-2017-007) BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that Chapter 131 9.D.1 of the Code of the Township of Monroe be and is hereby amended to read as follows: (1) Rehabilitated owner-occupied single family housing units that are improved to code standards shall be subjected to affordability controls for at least ten (10) years. Section 2. repealed. All ordinances or parts of ordinances inconsistent herewith are hereby Section 3. If any section, subdivision, sentence, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective. Section 4. This Ordinance shall take effect upon final passage and publication as provided by law. SO ORDAINED, as aforesaid. There was no public discussion. As Councilman Leibowitz and Council Vice-President Schneider moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-007 ORDINANCE AMENDING CHAPTER 131 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED AFFORDABLE HOUSING TO EXTEND AFFORDABILITY CONTROLS ON REHABILITATED OWNER OCCUPIED SINGLE FAMILY HOMES. ROLL CALL: Councilwoman Miriam Cohen Councilman Blaise Dipierro Councilman Michael Leibowitz Council Vice-President Elizabeth Schneider Council President Stephen Dalina Copy of Ordinance Duly Filed. O-3-2017-007 UPON MOTION made by Council Vice-President Schneider and Councilwoman Cohen, an Ordinance of which the following is the title was moved on second reading for final passage: O-3-2017-008 ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED FEES. (MTUD and Construction Dept. amendment of fees) ORDINANCE as follows: (O-3-2017-008) BE IT ORDAINED by the Council of the Township of Monroe, County of Middlesex, State of New Jersey that Chapter 39 of the Code of the Township of Monroe is hereby amended as follows: (new text is in red and underlined, text to be deleted is struck)
Page 14 SECTION 1. 39-1. Title 39-1. Title. 39-2. Purpose. 39-3. Fees enumerated. 39.4. Board of Education exemption. This chapter shall be known as the Codification of Fees and Costs of the Township of Monroe 39-2. Purpose This chapter is adopted in order to advise the citizens of the township, and any and all persons doing business with the township, of the various fees charged for services rendered by the departments of township government and to provide ready access to any and all such information. 39-3. Fees Enumerated C. Construction Fees Section 39-3C, BUILDING SUBCODE FEES SCHEDULE II Schedule #3 includes Use Groups: Add I-4 J. Monroe Township Utility Department fees and charges. PART 1 SEWER SERVICE SECTION A DEFINITIONS A UNIT shall be defined as follows: 1. Residential: RATE SCHEDULE EFFECTIVE DECEMBER 25, 2016 MAY 1, 2017 (a) Each single-family dwelling. (b) Each single-family apartment dwelling in a multiple family structure or structures. (c) For users, other than residential: including each tenant in a non-residential building, an Equivalent Dwelling Unit of sewage flow shall be deemed to equal gallons per day of sewage flow. Example: 138 gal/day x 365 days = 50,370 gal/year or 12,593 gallons per quarter = one unit. 2. Definitions: Customer shall be the owner of the property. For existing multi-family or nonresidential customers with multiple meters the MTUD will continue as a courtesy to send the bills to the Tenant with a copy to the Owner. The Owner is responsible for payment of the bills. If the bill(s) are unpaid a lien will be placed on the property. BOD shall mean the capacity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade.
Page 15 Suspended Solids shall mean solids that either float on the surface or are in suspension in water, sewage, or other liquids and those which are removable by laboratory filtration. Chlorine Demand is the difference between the amount of chlorine applied to a treated supply and the amount of free combined or total available chlorine remaining at the end of the contract period. GREASE: Grease is defined to include the accumulation of oils, fats, cellulose, starch, proteins, wax, or grease, whether emulsified or not, in the Sewer System of Utility Department. These are substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred-fifty (150 Fahrenheit) (0 degrees 65 degrees Celsius). GREASE GENERATING ESTABLISHMENTS: Grease generating establishments, shall mean all retail food establishments, catering establishments, commercial food preparation facilities, meat processing facilities, and other establishments that may be capable of accumulating and discharging grease into the Sewer System. OWNER: Owner shall mean individual, person, firm, company, association, society, corporation, or group upon whose property the building or structure is located or will be constructed. In the event that one entity owns the building while another entity owns the property then the Owner is the latter of the two. SECTION B ANNUAL SEWER SERVICE CHARGES Classification 1. Residential (as defined in Section A (1) above). Minimum Annual Service Charge $259.00 $259.00per unit 2. All users other than residential: (a) For the first unit or portion thereof, a minimum annual service charge of $259.00. (b) For those users, whose quarterly sewage flow exceeds 12,593* gallons based on metered water consumption or actual sewage flow the rate shall be as follows: Quarterly usage (#of Gallons) Rates From: To: 0 12,593 12,953<<<gallons $64.75$64.75 per quarter per qtr. 12,59312,953<<<gallons per qtr. And over $64.75 plus $7.00 $5.68 per 1,000 gallons (c) All water consumption readings shall be those obtained by the Utility Department from its own billing records where the Utility Department is supplying the water, or from the water company furnishing water to the respective units. If a customer obtains its water supply from a private well or an un-metered public water supply, then the user shall install a meter, location of which is to be approved by the Utility Department. In the event the user fails to install said meter after receiving notice from the Utility Department, then such installation shall be made by the Utility Department. In either case, the costs of the meter and the installation thereof shall be borne by the user. The meter shall be of the type approved by the Utility Department and may be purchased from the Utility Department. Prices of meters will be furnished upon request to the Utility Department. (d) In the event that estimated usage should prove to be inaccurate, the Utility Department reserves the right to recalculate prior Annual Service Charges with the difference charged to or credited to the user. (e) In the event a customer claims a substantial water use, the waste product of which does not pass into the sewer system, the customer shall have an option of specifically metering the waste usage which does not flow into the sewer system and the water so used shall be deducted from the total water usage in computing annual water consumption. All customers shall have the option of installing a sewer meter at the customer s cost and expense and in the event of such an installation, the readings on
Page 16 said sewer meter shall be substituted for the annual water consumption as set forth in subsection (b) hereof. (f) An industrial cost recovery surcharge shall be collected by the Utility Department for those users whose sewage characteristics exceed one or more of the following standards: 1. Biochemical oxygen demand (BOD) greater than 200 parts per million (PPM). 2. Suspended solids greater than 250 PPM. 3. Chlorine demand in excess of 15 PPM. For such users the industrial cost recovery surcharge shall be based on the most recent and highest cost in the Schedule of Rates charged by Middlesex County Utilities Authority plus a twenty-five percent administrative fee for only those characteristics that are higher than the above standards. In addition, surcharges shall only be charged for the specific characteristic(s) above the maximums listed above. Where the industrial cost recovery surcharge is charged to another municipality, the charge shall be based on the Schedule of Rates charged by Middlesex County Utilities Authority plus a ten percent administrative fee. The characteristics of the sewage waste shall be determined from actual samplings or other approved means, and shall be based upon analysis made in accordance with the procedure outlined in the latest edition of Standard Methods of Analysis of Water and Sewage published by the American Public Health Association. The Utility Department may require the installation of automatic samplers at the cost of the owner to obtain representative samples during a calendar quarter, or as may be required. The cost of sampling and analysis will be borne by the customer. (g) Control of Grease. No person or business shall discharge or cause to be discharged into the Sewer System, any water or waste containing more than one hundred (100) PPM by weight of fats, oils or grease. In the event it is determined that blockage of an Utility Department sewer main is a result of the discharge from any grease generating establishment, all costs incurred by the Utility Department will be charged to the Owner of said grease generating establishment. Such costs can include but are not limited to, cost of clearing the blockage; damages to sewer lines; administrative, legal, and engineering costs; cleanup of pollution to surrounding soils or water; and reimbursement of any penalties imposed by regulatory agencies. In addition to such other remedies as may be provided by law for violation of these regulations, the Utility Department may add or required to be added by the owner of said premises, such bacteria formulations and/or other recognized chemical formulations, to the Sewer System servicing grease generating establishments regulated herein. The Utility Department may charge the cost thereof as an additional sewer use charge to the Owner who is in violation of any provision of this regulation. All food establishments shall install and regularly/properly service grease traps of sufficient capacity to eliminate the discharge of oil and grease. In the event of any violation of this regulation or of any improper unauthorized use of any portion of the sewer system by any owner, then the Owner shall in the discretion of the Director be penalized a maximum of Five Hundred ($500.00) Dollars for each violation or improper unauthorized use. Each Day in which a violation or improper unauthorized use occurs, shall be deemed a separate offense. For purposes of this regulation, two (2) test readings showing more than 100 parts per million by weight of fats, oils or grease within a calendar month shall be deemed to be presumptive evidence of a violation occurring in each day of that calendar month. SECTION C PAYMENT OF ANNUAL SEWER SERVICE CHARGES 1. All sewer service charges are payable quarterly in advance.