TOWNSHIP OF DENVILLE MUNICIPAL COUNCIL REGULAR MEETING 7:30 P.M. DATE APRIL 22, 2014 KUSER, GABEL GOLINSKI LYDEN TOWNSHIP ATTORNEY OTHERS:

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1 TOWNSHIP OF DENVILLE MUNICIPAL COUNCIL REGULAR MEETING 7:30 P.M. DATE APRIL 22, 2014 PUBLIC COMMENTS: COUNCIL REQUESTS THAT PUBLIC COMMENTS BE LIMITED TO (3) THREE MINUTES PER PERSON PRESENTATIONS: COUNCIL REQUESTS THAT PRESENTATIONS BE LIMITED TO (30) MINUTES OR LESS AND MUST BE PRE-ARRANGED WITH THE MUNICIPAL CLERK SALUTE TO THE FLAG INVOCATION NOTICE OF PUBLIC MEETING ROLL CALL MEETING OPENED: ----, MEETING CLOSED: KUSER, GABEL GOLINSKI LYDEN SCOLLANS SMITH PRESIDENT FITZPATRICK, IN ATTENDANCE.MAYOR ANDES ~ADMINISTRATOR WARD TOWNSHIP ATTORNEY OTHERS: II CEREMONIAL MATTERS AND/OR PRESENTATIONS II PRESENTATION BY CFO MICHAEL GUARINO 2014 MUNICIPAL BUDGET FOR ADOPTION RESOLUTION RESOLUTION AUTHORIZING ADOPTION OF YEAR 2014 TOWNSHIP OF DENVILLE BUDGET AND PUBLIC HEARING COUNCIL LIAISON/COMMITTEE REPORTS

2 MAYOR'S REPORT ADMINISTRATOR'S REPORT PUBLIC PORTION CORRESPONDENCE MATTERS OF OLD AND/OR NEW BUSINESS II #6-14. ORDINANCE(S) FOR ADOPTION AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF DENVILLE, CHAPTER 19, LAND USE, ARTICLE 5, ZONE REGULATIONS, IN ORDER TO REGULATE THE LOCATION OF HOTELS IN THE TOWNSHIP OF DENVILLE II #7-14 AN ORDINANCE TO AMEND CHAPTER II-A, FEES, OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF DENVILLE WITH REGARD TO CONSTRUCTION FEES #8-14 AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY TO AMEND CHAPTER IV, GENERAL LICENSING, SECTION 4-11, SIDEWALK CAFES

3 II ORDINANCE(S) FOR INTRODUCTION #10-14 AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY TO REGULATE PARKING ON THOMPSON ROAD AND FOX HILL ROAD II #11-14 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,672,355 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,345,100 BOND OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF #12-14 ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS OR PURPOSES IN THE SUM OF $261,000 FROM THE OPEN SPACE TRUST FUND OF THE TOWNSHIP OF DENVILLE #13-14 ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS OR PURPOSES IN THE SUM OF $227,500 FROM THE WATER CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP OF DENVILLE #14-14 ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS OR PURPOSES IN THE SUM OF $138,500 FROM THE GENERAL CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP OF DENVILLE

4 #15-14 ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS OR PURPOSES IN THE SUM OF $120,500 FROM THE SEWER CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP OF DENVILLE II ITEMS FOR DISCUSSION ANDIOR ACTION II II. RESOLUTIONS # CONSENT AGENDA ITEMS II R-14-92# RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF A TAX SALE CERTIFICATE IN THE AMOUNT OF $1, R-14-93# RESOLUTION ENDORSING SUBMISSION OF 2013 RECYCLING TONNAGE GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION R-14-94# R-14-95# R-14-96# RESOLUTION AUTHORIZING RAFFLE LICENSES IN THE TOWNSHIP OF DENVILLE RESOLUTION AUTHORIZING REINSTATEMENT OF THE ORIGINAL SEWER ASSESSMENT INSTALLMENT PLAN FOR CERTAIN PROPERTIES IN THE TOWNSHIP OF DENVILLE RESOLUTION AUTHORIZING ISSUANCE OF SPECIAL ONE DAY ABC LIQUOR LICENSE R-14-97# RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF A TAX SALE CERTIFICATE IN THE AMOUNT OF $2,102.06

5 R-14-98# RESOLUTION AUTHORIZING APPLICATION FOR THE 2014 UNITED STATES DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP (BVP) GRANT IN THE AMOUNT OF $5, NON CONSENT RESOLUTIONS R R A RESOLUTION OF THE TOWNSHIP OF DENVILLE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UNITED BOW HUNTERS OF NEW JERSEY FOR THE MANAGEMENT OF DEER FOR THE PERIOD COMMENCING SEPTEMBER 6,2014 AND ENDING FEBRUARY 19, 2015 RESOLUTION AUTHORIZING CHANGE ORDER #41N THE AMOUNT OF A $2,500 DECREASE IN THE CONTRACT WITH RIEFOLO CONSTRUCTION COMPANY RELATIVE TO ADDITIONS AND ALTERATIONS TO THE VALLEY VIEW FIRE COMPANY #3 R A RESOLUTION AUTHORIZING CHANGE ORDER #51N THE AMOUNT OF A $14, DECREASE IN THE CONTRACT WITH RIEFOLO CONSTRUCTION COMPANY RELATIVE TO ADDITIONS AND ALTERATIONS TO THE VALLEY VIEW FIRE COMPANY #3 R R R RESOLUTION OF THE GOVERNING BODY OF THE TOWNSHIP OF DENVILLE PURSUANT TO N.J.SA 40A:11-6 RATIFYING THE AWARD OF AN EMERGENCY CONTRACT WITHOUT COMPETITIVE BIDDING AS AN EXCEPTiON TO THE BIDDING STATUTES RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH GARDEN STATE FIREWORKS FOR THE JULY 4,2014 FIREWORKS EXHIBITION RESOLUTION AUTHORIZING FIRST EXTENSION AND ADDENDUM TO CONTRACT WITH FIELD PRO ENTERPRISES, LLC

6 R R R RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF A TAX SALE CERTIFICATE IN THE AMOUNT OF $44, RESOLUTION REFUNDING THE PAYMENT OF TAXES OVERPAID FOR CALENDAR YEAR 2013 IN THE AMOUNT OF $2, RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO APPLIED LANDSCAPE TECHNOLOGIES, INC. FOR THE VETERAN'S MEMORIAL PARK FIELD IMPROVEMENTS MINUTES FOR ADOPTION MOTION TO ADJOURN

7 ORDINANCE # 6-14 BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF DENVILLE, CHAPTER 19, LAND USE, ARTICLE 5, ZONE REGULATIONS, IN ORDER TO REGULATE THE LOCATION OF HOTELS IN THE TOWNSHIP OF DENVILLE BE READ BY TITLE ON SECOND READING AND A HEARING HELD THEREON: COUNCIL PRESIDENT: MOTION TO READ BY TITLE ROLL CALL OPEN PUBLIC HEARING CLOSE PUBLIC HEARING BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF DENVILLE, CHAPTER 19, LAND USE, ARTICLE 5, ZONE REGULATIONS, IN ORDER TO REGULATE THE LOCATION OF HOTELS IN THE TOWNSHIP OF DENVILLE BE PASSED ON FINAL READING AND THAT A NOTICE OF FINAL PASSAGE BE PUBLISHED IN THE ISSUE OF THE CITIZEN. COUNCIL PRESIDENT: MOTION TO ADOPT ROLL CALL ON ADOPTION ORDINANCE # 6-14 AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF DENVILLE, CHAPTER 19, LAND USE, ARTICLE 5, ZONE REGULATIONS, IN ORDER TO REGULATE THE LOCATION OF HOTELS IN THE TOWNSHIP OF DENVILLE NOTICE IS HEREBY GIVEN THAT THE ABOVE ENTITLED ORDINANCE WAS REGULARLY, DULY AND FINALLY PASSED AT A MEETING OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, HELD ON DONNA I. COSTELLO, RMC/CMC MUNICIPAL CLERK

8 RevO AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF DENVILLE, CHAPTER 19, LAND USE, ARTICLE 5, ZONE REGULATIONS, IN ORDER TO REGULATE THE LOCATION OF HOTELS IN THE. TOWNSHIP OF DENVILLE WHEREAS, it is the intent of this ordinance to regulate the location of hotels in the Township of Denville. This ordinance removes hotels as permitted uses in the 1-1 industrial zone in the Township of Denville and conditionally allows hotels in the 1-2 zone only. The intent of this ordinance is to restrict the location of these uses to parcels within the municipality that would have access to the Federal Highway System without significant impact upon the local road network and hence this ordinance utilizes a distance requirement for access to a federal highway; and WHEREAS, this ordinance also allows hotels to be located in certain 1-2 zoned lands and to contain accessory uses in accordance with specific regulations. This ordinance utilizes a combination of floor area ratio, height limitations and maximum building footprints to control the total amount of development on a specific site. The ordinance implements a floor area ratio bonus for hotel uses in the 1-2 zone. For each percent in excess of the minimum required landscaped area, this ordinance permits an additional two percent of floor area ratio to a maximum floor area ratio of This ordinance intentionally does not allow for the maximization of the floor area ratio and building footprint at the same time in order to allow for flexibility in the design process. NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the Township of Denville, County of Morris, State of New Jersey, as follows: SECTION 1. Chapter 19, Land Use, of the Code of the Township of Denville, Article 1, General Provisions, , Definitions, is hereby amended to add the following definitions to read as follows: "Canopy shall mean a roof like cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building. Canopy, fixed shall mean a canopy that is constructed with a rigid frame than can not be retracted, folded or collapsed. Hotel shall mean a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, fitness and health centers, entertainment, personal services, recreational facilities and limited retail. Landscaping shall mean to adorn or improve (a section of ground) by contouring and by planting flowers, shrubs, trees and other natural ground covers. Parapet shall mean the extension of the main walls of a building above the roofline. Poriico shall mean an open sided structure attached to a building and sheltering an entrance or serving as a semi-enclosed space." pldllordholeluse2014lzone.docx 1

9 Rev01.14.l4. SECTION.2.. Chapter 19, Land Use, 01 toe Code ouhe Township of Denville,Article 5, 'Zone Regulations, , Map and Schedule', Schedule of Area, Yard & Bulk Requirements, is hereby amended and supplemented by the additiori of a new footnote (10), keyed to Primary Use to read as follows:. "(10) See section (b) for ceinditional use standards pertaining solely to Hotel Development in the 1-2 Industrial District." SECTION 3. Chapter 19, Land Use, of the Code of the Township of Denville,Articie 5, Zone Regulations, , Parking and Loading, subsection , Off-Street Parking in Npnresidential.;Z:ones,.is. hereby amended with respect tei Hotel only to read as follows: "TYPE OF BUILDING OR USE. Hotel Restaurant Convention/Conference Facilities Banquet/Ballroom Facilities. MINIMUM NUMBER OF SPACES 1.2 parking spaces per guest room plus the parking required forthe sum of all other uses on site including, but not limited to: As specified elsewhere in this schedule 1 for each 150 sq. ft. GFA 1 lor each 100 sq. ft. GFA" ~'. SECTION 4. Chapter 19, Land Use, of the Code of the Township of Denville, Article '5, Zone Regulations, , Conditional Uses, is hereby amen~ed and supplemented by the addition of a new subsection, , Hotels, to read as follows: " Hotels and their accessory facilities shall be permitted in compliance with of this chapter: SECTION 5. Chapter 19, Land Use,of the Code of the Township of Denville, Article 15, lone Regulations, , 1-1 Industrial District, subsection , PrirTlary Intended. Use, the introductory paragraph only, is hereby amended to read as follows: " Primary Intended Use. This zone is designated for offices for business, professional, executive or administrative purposes, scientific or research laboratories, industrial and manljfacturing uses and indoor commercial.recreation. The intensity of operations shall not exceed' the limitations imposed by the performance standards hereiriafter set forth in this Section. Also permitted in this District are: u. SECTION 6. Chapter 19, Land Use, of the Code olthe Township of Denville, Article 5, Zone Regulations, , 1-2 Industrial District, is here:by amended in the following particulars only: a. Tallows: Subsection , Prim'l!Y Intended Use, is hereby amended to read as:. ""!'hjs zone is designed for offices for business, professional, executive or administrative purposes, scientific or research laboratories and industrial and manufacturing uses as well as anything' permitted in the 1-1 Zone, provided, however,. retail sales and services are only permitted as accessory uses to a permitted or conditional use as specified below:" pldtiordhoteiuse2014izone.doe:j( I. 2

10 Rev01.14.l4. b.. Subsection , Permitted Conditional Uses, is hereby amended and supplemented by the addition of paragraph b. to read as follows: "b. Hotels 1. Minimum Lot size: 2 acres 2. Setbacks. All hotel buildings shall meet" the following yard setbacks:. (a) FrOnt Yard: 75 feet Allowable incursions into front yard setback: (b) (c) i. Portico may extend 40 feet into front yard ii. Canopy may extend 5 feet into front yard Side Yard: 40 feet Rear Yard: 75 feet 3. ' Location requirements. (a) All hotels must be located within 2,640 feet (1/2 mile) from access to a federal highway. Measurements shall be made as the site is accessed and not radially. (b) May not be located in "A". "AE" FEMA Flood Zones as these are high risk flood areas. 4. Maximum Floor Area Ralio: 0.25 (a) Notwithstanding the maximum floor area ratio, for each One percent (1 %) increase in landscaped pervious area over and above the 10% required, an increase in floor area ratio of 0.02 wilr be permitted up to a maximum floor area ratio of i. ii. For a landscaped area to be included in this calculation: it must be at least 5 feet in depth. To take advantage of this FAR b onus, no parking variance or impervious surface variance may be requested. :.: 5. Maximum Height in Stories: 5 6. Maximum Height in Feet: 55 (b) Allowable extensions of height. i.. HVAC and similar mechanical equipment and roof appurtenan ces. [1] Requires that all such appurtenances do not occupy more than 10 percent (10%) of the total roof surface; and. [2J Are less than 10 feet in height; and [3] Are screened from visibility. ii. A p'arapet may extend 5 feet above maximum height. 7. Maximtlm Height of Portico: 22 feet n\rlt\ordf.lafeiuse2014rzone.dogx 3

11 ~. Rev ;. 8. Maximum Building Coverage: 0.20 (a) Any proposed.portico or fixed' canopy shall be included in the building coverage calculation. '" 9. Maximum Impervious Coverage (total): Parkin(J: As required by Mixture of hotel use and any use below. in accordance with the following regulations: (a) (b) (c) Conference center: Maximum of 50% of the square footage of. entire hotel use. Restaurant: Maximum 7,500 square feet Retail or personal services shall be allowed provided that they are entirely contained with the hotel building, have no direc! access to the outside and shall not have exterior signs or other appurtenances Central Entrance Required. All hotel buildings shall contain a central entrance leading to a common lobby area, which lobby area shall contain the registration and seryice desk., which service desk shall be manned 24 hours a day and be 'situated in the lobby area so that guests who are entering or leaving the hotel may be clearly observed. Access to the sleeping rooms shall be only through hallways extending from the common lobby area. The door to each sleeping room shall open upon the hallways.. No sleeping r09m on the first floor of the hotel shall contain exterior doors other than the door opening upon the hallways. ) 13. Landscaping: 'A minimum of ten percent (10%)' of the lot shall be landscaped;.parking lots abutting adjacent properties shall include a minimum 10 foot wide landscaping area Garbage and Refuse Collection.,. (a) (b) All storage of garbage and other refuse shall be in compliance. with Ord. 3-13A.. No. garbage or other refuse coliec;tion container shall be located closer than 10 feet from a property line. 15. Generator.,;... (a) (b) If a generator is utilized, it must be located on the roof of the structure, or be adequately screened with either fencing or. landscaping or both.. A generator shall not be located Gioser.than 45 feet from a property line.... pldtiordhoteiuse2014izone.docl(

12 'RevOU Signs. Signs shall'~omply with the provisions set forth in ~19'5.9D8. '17. No vehicles, trailers and/or commercial vehicles shall be permitted to be stored on-site or within the parking.iot unless the operator is a registered guest of the hotel.' SECTION 7, The Township Clerk is hereby directed to give notice at least ten days prior to hearing on the adoption orthis Ordinance to the County Planning Board a nd. to all other persons.entitled thereto pursuant to N.J,S.40:55D-15 and N.J.S. 40:55D-63 (if required), Upon the adoption of this Ordinance after public hearing thereon,' the Township Clerk is further.. directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Morris County Planning Board as required by N.J.S. 40:55D-16, The Clerk shall also forthwith transmit a copy' of this Ordinance after final passage to the Township Tax Assessor as required by N.J.S. 40: SECTION 8, All ordinances or parts of ordinances in conflict or inconsistent with any part of this ordinance are hereby repealed to the extent that. they are in such conflict or inconsistent. SECTION 9, This ordinance may be renumbered for codification purposes.. SECTION 10. This ordinance shall take effect after passage and publication as soon as. practicable and in the manner provided by law, SECTION.11, In the event that any seotion, part or provision of this ordinance shall be held to be unenforceable or invaiid by any court, such holding shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid. BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE ATTEST: APPROVED: DONNA I.. COSTELLO, RMC/CMC MUNICIPAL CLERK MAYOR THOMAS W. ANDES TOWNSHIP OF DENVILLE... I hereby certify the foregoing to be a true copy of an ordinance adopted by the Municipal Council of the Township of Denville at its meeting held on ~,L -01 J -, 2014 Donna L Costeilo, RMC/CMC.. pldtiordh6teiuse2014izone.doox 5

13 ORDINANCE # 7-14 BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE TO AMEND CHAPTER II-A, FEES, OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF DENVILLE WITH REGARD TO CONSTRUCTION FEES BE READ BY TITLE ON SECOND READING AND A HEARING HELD THEREON: COUNCIL PRESIDENT: MOTION TO READ BY TITLE ROLL CALL OPEN PUBLIC HEARING CLOSE PUBLIC HEARING BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE TO AMEND CHAPTER II-A, FEES, OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF DENVILLE WITH REGARD TO CONSTRUCTION FEES BE PASSED ON FINAL READING AND THAT A NOTICE OF FINAL PASSAGE BE PUBLISHED IN THE ISSUE OF THE CITIZEN. COUNCIL PRESIDENT: MOTION TO ADOPT ROLL CALL ON ADOPTION ORDINANCE #7-14 AN ORDINANCE TO AMEND CHAPTER II-A, FEES, OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF DENVILLE WITH REGARD TO CONSTRUCTION FEES NOTICE IS HEREBY GIVEN THAT THE ABOVE ENTITLED ORDINANCE WAS REGULARLY, DULY AND FINALLY PASSED AT A MEETING OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, HELD ON DONNA I. COSTELLO, RMC/CMC MUNICIPAL CLERK

14 - AN ORDINANCE TO AMEND CHAPTER II-A, FEES, OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF DENVILLE WITH REG.ARD TO CONSTRUCTION FEES BE IT ORDAINED, by the Municipal Council of the Township of Denville, in the County of Morris and State of New Jersey, as follows: SECTION 1. Chapter II-A, Fees, of the General Ordinances of the Township of Denville is hereby amended and supplemented will) respect to Plumbing Subcode, Fire '. Subcode, Building Subcode and Electrical SUbcode only in the following particulars:. " a. 2A~7 PLUMBING SUBCODE, is hereby amended and supplemented by the addition of the following fee: "Review of revised plans Fee'. $50.00' b. 2A-8 FIRE SUBCODE, is hereby amended and supplemented by the.. addition of the following fee: "Review of revised plans $50.00'..,. c. 2A-9 BUILDING SUBCODE, is hereby amended and supplemented by the additio,n of the following fee: "RevieW of revised plans $50.00' d. 2A-10 ELECTRIC SUBCODE, is hereby amended and supplemented by the addition of the following fee:. "Review of revised plans $50.00' SECTION 2. All Ordinances of the Township of Denville which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION-3. If any section, subsection, sentence, clause of phrase of this --- Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of tliis Ordinance. ~\DT\ORDFees '.

15 SECTION 4. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law. BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE ATTEST: APPROVED: DONNA I. COSTELLO, RMC/CMC MUNICIPAL CLERK MAYOR THOMAS W. ANDES TOWNSHIP OF DENVILLE 2

16 ORDINANCE # 8-14 BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY TO AMEND CHAPTER IV, GENERAL LICENSING, SECTION 4-11, SIDEWALK CAFES BE READ BY TITLE ON SECOND READING AND A HEARING HELD THEREON: COUNCIL PRESIDENT: MOTION TO READ BY TITLE ROLL CALL OPEN PUBLIC HEARING CLOSE PUBLIC HEARING BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY TO AMEND CHAPTER IV, GENERAL LICENSING, SECTION 4-11, SIDEWALK CAFES BE PASSED ON FINAL READING AND THAT A NOTICE OF FINAL PASSAGE BE PUBLISHED IN THE ISSUE OF THE CITIZEN. COUNCIL PRESIDENT: MOTION TO ADOPT ROLL CALL ON ADOPTION ORDINANCE # 8-14 AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY TO AMEND CHAPTER IV, GENERAL LICENSING, SECTION 4-11, SIDEWALK CAFES NOTICE IS HEREBY GIVEN THAT THE ABOVE ENTITLED ORDINANCE WAS REGULARLY, DULY AND FINALLY PASSED AT A MEETING OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY, HELD ON DONNA I. COSTELLO, RMC/CMC MUNICIPAL CLERK

17 AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, STATE OF NEW JERSEY TO AMEND CHAPTER IV, GENERAL LICENSING, SECTION 4:11, SIDEWALK CAFES BE IT ORDAINED, by the Municipal Council of the Township of Denville, in the County of Morris and State of New Jersey, as follows: SECTION 1. Chapter IV, General Licensing, Section 4-11, Sidewalk Cafes, is hereby amended and supplemented in its entirety to read as follows: "4-11 SIDEWALK CAFES Purposes. The sidewalk cafe regulations as established by this section are designed to. permit sidewalk cafes to be established on public property in locations where they shall be determined to be appropriate by these regulations and all applicable related ordinances to promote and protect the public health, safety and general welfare. These general purposes shall include, among others, the following specific purposes: a. To insure that' adequate space will be provided for pedestrian circulation through areas where sidewalk cafes are established and to insure adequate access to adjoining properties and businesses. b. To encourage the establishment of sidewalk cafes as one means of developing a pleasant and distinctive shopping atmosphere Definitions. As used in this section: a. "Restaurant" shall mean a retail food establishment licensed by the Division of Health which provides indoor seating for dining and restroom facilities for use by patrons in accordance with the requirements of the NJ Uniform Construction Cod\l as codified at N.JAC. 5: et seq. and as the same may be from time to time amended and supplemented. b. "Sidewalk cafe" shall mean the extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building, to the extent that food is permitted to be served and consumed at the tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is located. A sidewalk cafe may contain readily removable tables and chairs, but shall be otherwise unenclosed by fixed walls and open to the air except for retractable awnings, umbrellas or other nonpermanent covers provided such covers do not interfere with pedestrian circulation. PJDT/OrdCh4Sldewa!kCafes 1

18 License Required. Any person, firm or corporation may operate a sidewalk cafe (hereinafter called a "cafe") within the Township of Denville in any zone in which such use is permitted on a sidewalk adjacent to an existing restaurant operated by such person, firm or corporation upon obtaining a license from the Division of Health. Such license shall allow the operation of a cafe from April 1 through and including November 1 of any calendar year and may be renewed annually during the month of January. No license shall be issued by the Division of Health for the operation of a cafe to a person, persons, firm, or corporation other than the person: persons, firm, or corporation who holds the retail food establishment license from the Division of Health for the restaurant where the cafe shall be operated Application Procedures; Requirements and Fee. a. Application and fee. Each applicant for a license shall submit a written application on the form provided by the Division of Health, together with a nonrefundable fee to the Division of Health in the amount set forth at Chapter 2A of the Township Code. All applications for a given calendar year and the application fess must be submitted to the Division of Health by February 15 of the applicable calendar year. No application will be accepted without the fee. In the event that an application, application fee, or other required docurnent as described in this section is received later than February 15, a non refundable late fee of one hundred ($100.00) dollars in addition to the license fee as set forth at Chapter 2A of the Township Code must be paid in order for the application to be considered. The 'application shall state the name and address of the applicant, the property owner if other than the applicant, the person preparing the development plans and the written authorization of the owner of the property to submit the application if the applicant is not the owner. b. Development plans. The following information shall be shown on all development plans: 1. The applicant's entire property and the adjacent sidewalk area to be used. 2. The design, number and location of all temporary structures proposed including tables, chairs, planters, awnings and other equipment as well as lighting and electrical outlet locations, if any. 3. Capacity of existing restaurant and proposed cafe. 4. Proposal for providing adequate pedestrian circulation as detailed herein in section e 5 below. 5. Name, title and seal, if applicable, of person who prepared the development plan. 6. Statement that a public restroom is available in the existing restaurant. PIDTJOrdCh4SidewalkCafes 2

19 c. Review of development plans. Prior to the issuance of a license pursuant to this section, the development plans and application shall be reviewed by the health officer and construction official/zoning officer. The health offic;er shall review the development plans for compliance with N.J.A.C. 8: et seq. and as the same may be from time to time amended and supplemented together with the. sanitary requirements detailed in this section and any applicable local hea Ith ordinances. The construction official/zoning officer shall review the development plan for compliance with applicable New Jersey Uniform Construction Code requirements and requirements detailed in this section relative to the placement of tables, chairs, planters, awnings, lighting, and electrical outlets as well as dimensions and distances. The health officer and construction official/zoning officer shall either approve or recommend modifications of the plans within 20 days of submission of the plans.. d. Conditions for issuance of license. Upon approval by the health officer and construction official/zoning officer of the application arid plans submitted by the applicant pursuant to this section, the health officer shall issue a license to the applicant provided the applicant has furnished the following to the township: 1. An agreement signed by the applicant to repair any damage - caused to the sidewalk in the operation of the cafe at the expense of the applicant. The township may require a bond to be filed by the applicant in an amount to be determined by the township to secure the repair of any damage to the sidewalk. 2. An agreement signed by the applicant indemnifying and holding the township harmless against loss, including costs and expenses, resulting from injury to person(s) or property as a direct or indirect result of the operation of the cafe or for injury to person(s) or property occurring on the premises occupied by the cafe. The applicant shall provide a certificate of insurance as evidence of the required general liability policy to the township, and naming the township as a named insured, in the amount of not less than one million ($1,000,000.00) dollars. e. Rules, regulations and specifications. A cafe authorized and operated pursuant to this section shall comply with all of the following rules, regulations and specifications: 1. The applicant and/or operator shall fully comply with all plans submitted and approved by the division of health and construction official/zoning officer under the terms of this section. 2. Within 30 minutes after the closing of the cafe, the operator shall have all furniture, utensils, or any other materials used in the operation of the cafe or within the area used by the cafe, and all customers, removed from the sidewalk area, provided that furniture may remain outside if stored in a neat and orderly manner. Said closing shall be not later than 10:00 p.m. 3. Music, if any, shall be kept at a reasonable level that is not unnecessarily loud or objectionable to persons in or around the area. P/DT/OrdCh4SIdewalkCafes 3

20 4. The operator shall maintain an area for pedestrian movement free of any obstruction a distance of 6 feet from the curb. The operator shall provide that tables, chairs, and other materials do not interfere with these required open areas and pedestrian traffic. Chairs next to the pedestrian walkway shall be placed at a 90 degree angle so as not to obstruct the pedestrian walkway. Where there are obstructions, such as light posts and mailboxes, which would cause the pedestrian aisle to be less than four feet wide, the construction official/zoning officer shall have the discretion to approve an alternate arrangement. 5. The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq., also known as Chapter XXIV of the New Jersey Sanitary Code, and as the same may be from time to time amended.and supplemented along with the sanitary requirements detailed in this section. 6. The operator shall comply with all other ordinances of the Township of Denville. 7.. A license issued under the provisions of this Ordinance shall limit the operation of a sidewalk cafe to that area within the confines of the frontage of the licensed premises. At no time shall the tables, chairs and other accessory items used in connection with the operation of the licensed cafe extend to the frontage or any portion thereof of any adjacent business, building or property., Notice of Violation: Failure to Comply. Upon a finding by the Division of Health or construction official/zoning officer that an applicant has violated any provisions of this section, notice shall be given to the applicant to correct said violation. Upon failure to immediately correct said violation: the health officer or construction official/zoning officer may revoke the applicant's license to operate a sidewalk cafe. Upon the revocation of such license, the applicant shall be entitled to a hearing before the governing body within 30 days, upon notice thereof, provided that a hearing is requested by the applicant in writing, within five days of revocation of the license Sale and Consumption of Alcoholic Beverages. The area encompassed within a cafe authorized pursuant to this section shall be considered duly licensed for sale and consumption of alcoholic beverages, provided that such area is part of the licensed premises pursuant to a valid alcoholic beverage control. license issued by the Township of Denville and that there is compliance with all Alcoholic Beverage Commission regulations. Such license is separate from, and must be obtained in addition to, the license to operate a sidewalk cafe issued pursuant to this section Sanitary Requirements. The licensee shall comply with the following Division of Health requirements: PIDT/OtdCh4SidewalkCafes 4

21 a. No fruit, vegetables and other food shall be stored or displayed for sale in the cate authorized by this section. b. No food or drinks served at outdoor seating areas shall be prepared other than in the interior areas of the retail food establishment approved by the Division of Health for such use. c. All equipment used in the outdoor seating area, including but not limited to chairs and tables, shall be nonabsorbent, smooth, easily cleanable, of corrosiveresistant material, and meet the requirements of the New Jersey Sanitary Code at N.JAC. 8: et seq., as the same may be from time to time amended and supplemented. d. No -food service equipment shall be stored in or permanently mounted to any area of the outdoor dining area. e. Containers used in the conveyance of soiled tableware shall not be permanently stored outdoors. Soiled tableware shall be promptly removed to the establishment's equipment washing area after patron use. f. Smoking shall be prohibited in the outdoor dining area. Such areas shall be marked by a sign approved by the Division of Health indicating the prohibition of smoking. g. Each licensee is responsible for keeping the area of the outdoor dining. area and the adjacent walks and streets clean, free of litter and food wastes, free of nuisances and sanitary at all times. Areas must be cleaned at the beginning of each business day, at closing time and as often as needed so as to prevent unsanitary conditions. h. Effective control measures shall be utilized to minimize, prevent and eliminate the presence and entry of rodents, flies, and all other vermin into the establishment. Outdoor dining areas and all other parts of the establishment shall be kept in such condition so as to prevent t~e breeding, harborage or feeding of all vermin. i. The licensee shall provide adequate receptacles for the depositing of waste by patrons as deemed necessary by the Division of Health. Such receptacles shall have lids and designed so as to preclude the entry, harborage, or breeding of vermin. Such receptacles shall be constructed of easily cleanable non-absorbent material and shall be:) maintained in a sanitary manner at all times. The licensee shall ensure that waste receptacles are routinely serviced so as to prevent overflow of contents upon the ground. Waste receptacles owned and maintained by the township shall not be used by the licensee for depositing of waste generated by the establishment including the outdoor cafe Enforcement. a. The health officer shall investigate violations related to and enforce all applicable requirements set forth in N.JAC. 8: et seq. and as the same may be P/DT/OrdCh4SidewalkCafes 5

22 from time to time amended and supplemented along with the sanitary requirements delailed in this section and any applicable local health ordinances. b. The construction official/zoning officer shall investigate violations related to and enforce all applicable requirements set forth in New Jersey Uniform Construction Code and requirements detailed in this section relative to the placement of tables, chairs, planters, awning, lighting, electrical outl.ets along with dimensions and distances. c. Violations of section (e) 2 & 3 shall be investigated and enforced by the Township Police Department.". SECTION 2. All Ordinances of the Township of Denville that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause of phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 4. The 'provisions of this ordinance may be renumbered for purposes of codification. SECTION 5. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law. BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE ATIEST: APPROVED: DONNA I. COSTELLO, RMC/CMC MUNICIPAL CLERK MAYORTHOMAS W. ANDES TOWNSHIP OF DENVILLE I hereby certify the foregoing to be a true copy of an ordinance adopted by the Municipal Council of the Township of Denville at its meeting held on ij-~c;l -, 2014 Donna I. Costello, RMC/CMC P/DT/OrdCh4SIdewalkCafes 6

23 ORDINANCE # BE IT RESOLVED THAT AN ORDINANCE ENTITLED: AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY TO REGULATE PARKING ON THOMPSON ROAD AND FOX HILL ROAD BE INTRODUCED AND READ BY TITLE ON FIRST READING: COUNCIL PRESIDENT: MOTION TO INTRODUCE DISCUSSION ON ORDINANCE ROLL CALL ON INTRODUCTION BE IT RESOLVED THAT AN ORDINANCE ENTITLED AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS AND STATE OF NEW JERSEY TO REGULATE PARKING ON THOMPSON ROAD AND FOX HILL ROAD BE PASSED ON FIRST READING BE IT FURTHER RESOLVED THAT SAID ORDINANCE SHALL BE CONSIDERED FOR FINAL PASSAGE AT THE MEETING OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE ON AT 7:30 P.M. IN THE EVENING, PREVAILING TIME, AT THE MUNICIPAL BUILDING IN SAID TOWNSHIP OF DENVILLE AT WHICH TIME AND PLACE ALL PERSONS INTERESTED SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD CONCERNING SAID ORDINANCE. BE IT FURTHER RESOLVED THAT THE MUNICIPAL CLERK BE AUTHORIZED AND DIRECTED TO ADVERTISE THIS ORDINANCE IN THE CITIZEN ACCORDING TO LAW. COUNCIL PRESIDENT: MOTION TO PASS ON FIRST READING ROLL CALL

24 #10-14 AN ORDINANCE OF THE TOWNSHIP OF DENVILLE, COUNTY OF MORRIS, AND STATE OF NEW JERSEY TO REGULATE PARKING ON THOMPSON ROAD AND FOX HILL ROAD BE IT ORDAINED, by the Municipal Council of the Township of Denville, in the County of Morris, and State of New Jersey, as follows: SECTION 1. For purposes of this Ordinance, the term "school days" shall mean those days on which any public or private school is open to students for classroom instruction. SECTION 2. No person shall park a vehicle upon any of the following described streets or parts of streets between the hours specified on school days: Name of Street Side Hours Location Thompson Road Both 10:00 a.m. Entire length to 2:00 p.m. SECTION 3. No person shall park a vehicle at any time upon any of the following described streets or parts of streets: Name of Street Fox Hill Road Both Location From N.J. Route No. 53 to the Boundary line with Parsippany-Troy Hills Township SECTION 4. Appropriate signs shall be erected and maintained as required by the NJ Department of Transportation. SECTION 5. All ordinances of the Township of Denville that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. P\WT\OrdTrafficnocodeprking 1

25 SECTION 6. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 7. This Ordinance shall take effect as required by law, upon the posting of appropriate signs. BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE ATTEST: APPROVED: DONNA I. COSTELLO, RMC/CMC MUNICIPAL CLERK MAYOR THOMAS W. ANDES TOWNSHIP OF DENVILLE I hereby certify the foregoing to be a true copy of an ordinance adopted by the Municipal Council of the Township of Denville at its meeting held on,2014 Donna I. Costello, RMC/CMC P\VlT\OrdTrafficnocodeprking 2

26 ORDINANCE # BE IT RESOLVED THAT AN ORDINANCE ENTITLED: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,672,355 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,345,100 BOND OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF BE INTRODUCED AND READ BY TITLE ON FIRST READING: COUNCIL PRESIDENT: MOTION TO INTRODUCE DISCUSSION ON ORDINANCE ROLL CALL ON INTRODUCTION BE IT RESOLVED THAT AN ORDINANCE ENTITLED BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,672,355 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,345,100 BOND OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF BE PASSED ON FIRST READING BE IT FURTHER RESOLVED THAT SAID ORDINANCE SHALL BE CONSIDERED FOR FINAL PASSAGE AT THE MEETING OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE ON AT 7:30 P.M. IN THE EVENING, PREVAILING TIME, AT THE MUNICIPAL BUILDING IN SAID TOWNSHIP OF DENVILLE AT WHICH TIME AND PLACE ALL PERSONS INTERESTED SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD CONCERNING SAID ORDINANCE. BE IT FURTHER RESOLVED THAT THE MUNICIPAL CLERK BE AUTHORIZED AND DIRECTED TO ADVERTISE THIS ORDINANCE IN THE CITIZEN ACCORDING TO LAW. COUNCIL PRESIDENT: MOTION TO PASS ON FIRST READING ROLL CALL

27 #11-14 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, NEW.JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,672,355 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,345,100 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF. BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section I. The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Township of Denville, in the County of Morris, New Jersey (the "Township") as general improvements. For the several improvements or pullloses described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $1,672,355, including a $260,000 grant from the State of New Jersey Department of Transportation (the "State Grant") for improvements to Diamond Spring Road, as more fully described in Section 3(b) hereof, and further including the aggregate sum of $67,255 as the several down payments for the improvements or purposes required by the Local Bond Law. The down payments have been made available by vittue of provision for down payment 01' for capital improvement purposes in one or more previously adopted budgets.

28 Section 2. In order to finance the cost of the several improvements or purposes not covered by application of the several down payments or the above mentioned State Grant, negotiable bonds are hereby authorized to be issued in the principal amount of $1,345,100 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows: Purpose (a) Various improvements to municipal-owned facilities and the purchase of equipment, consisting of a senior citizen replacement vehicle, DPW phone upgrades, CAD system conversion and the installation of all equipment, all as shown on aud in accordance with the specifications therefor on file in the office of the Township Clerk and hereby approved, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefor and incidental thereto. (b) Improvements to various sh'eets and locations, including construction, reconstruction, surfacing or resurfacing of various roadways, including, but not limited to, Zeek Road, Parks Road, Lugar Road, downtown streetscape (Phase II), First Avenue, Longview Trail, Witt Avenue, Hinchman Avenue, Vista Way, Dayton and Weber, the librmy parking lot, the East Shore Road wall, the Main Street Firehouse parking lot, roof replacement of the Main Street Firehouse and Diamond Spring Road', together with an structures, catch basin repairs, appurtenances, milling, curb and sidewalk reconstruction, drainage Appropriation Estimated Maximum and Estimated Amount of Bonds or Cost Notes $94,605 $90,100 Period of Usefulness 5 years

29 Purpose Appropriation and Estimated Cost Estimated Maximum Amount of Bonds or Notes Period of Usefulness improvements, guide rails, utility poles, equipment and crack sealing, all as shown on and in accordance with the specifications therefore on file in the office of the Township Clerk and hereby approved, which is hereby incorporated by reference as if set folih at (Includes length, including all related costs and expenditures Grant*) incidental thereto and fhrther including all work and materials necessary therefor a.)d incidental thereto. $1,085,300 the State $786, years (c) Acquisition of various vehicles and equipment for the Department of Public Works, including a de-icing system, radio upgrades, a fuel management system, used truck bodies and a bucket truck, pickups, a 4X4 fi ontend loader, together with all attachments accessories and equipment, all as shown on and in accordance with the specifications therefore on file in the office of the Township Clerk and hereby approved, which is hereby incorporated by reference as if set forth at length, including all related costs and expenditures incidental thereto. TOTAL:. $492,450 $469,000 $U45,100 5 years The excess of the appropriation made for each of the impl;ovements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the down payment for each purpose and, as applicable, the State Grant. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in COl1llection with notes issued pursuant to this bond ordinance, and the chief financial

30 officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the govertling body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section 5. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Govertnnent Services. Section 6. The following additional matters are hereby determined, declared, recited and stated: (a) The purposes described in Section 3 of this bond ordinance are not current expenses. They are all improvements that the Township may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby. (b) The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the

31 limitations of the Local Bond Law, is 7.92 years. ( c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $1,345,100, and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d) An aggregate amount not exceeding $250,000 for items of expense listed in and permitted under NJ.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes 01' improvements. Section 7. Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or, if other than as refel1'ed to in Section I hereof, to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such additional funds are so used. Section 8. The Township hereby declares the intent of the Township to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to payor reimburse expenditures for the costs of the purposes described in Section 3(a) of this bond ordinance. This Section 8 is a declaration of intent within the meaning and for purposes of Treasury Regulations. Section 9. The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in