M I N U T E S Regular Council Meeting Council Chambers Tuesday, October 13, 2015 8:00pm CALL THE MEETING TO ORDER Council President Bromberg called the meeting to order at 8:03 pm in the Council Chambers located at 406 Rivervale Road, River Vale, New Jersey 07675. SALUTE TO FLAG Council President Bromberg asked all in attendance to rise and join him in a Salute to the Flag. SUNSHINE LAW STATEMENT ROLL CALL Council President Bromberg read the Sunshine Statement into the record, as follows: In accordance with the provisions set forth in the Open Public Meetings Law, notification of this meeting has been sent to all officially appointed Township newspapers and notice is posted at the Municipal Office. Councilman Ben-Yishay, Councilman Donovan, Councilwoman Sieg and Council President Bromberg were present. Councilman Criscuolo was absent. Also present: Mayor Glen Jasionowski, Business Administrator/CFO Gennaro Rotella, Township Attorney Silvana Raso, Township Engineer Christopher Statile and Township Clerk, Karen Padva. Mayor s Comments ********************************* Mayor Jasionowski was pleased to report that the Township received nine (9) proposals for the needs analysis for the new Police Department. The Mayor explained that Gennaro, the Police Chief and himself are reviewing the proposals and will narrow down the group to two or three for the Council to review. The Mayor next announced that the Microsoft Surfaces are in and are in the process of being programed. He added that for any Council members that would like training they would have Doug available here at Town Hall. The Mayor also thanked all the members of Town Hall. They have been very busy pushing through a lot of work and have had a lot on their plates. Lastly, the Mayor wished Gennaro Rotella a Happy Birthday! Council Comments Councilman Ben-Yishay had no comments this evening. Councilman Donovan commented that he is looking forward to their work Session this evening. 1
Councilwoman Sieg had no comments. Council President Bromberg had no comments this evening. Business Administrator s Report ******************************** Mr. Rotella announced that this Sunday is River Vale Day scheduled from 11:00 to 3:00. He added that Anne Catalano does a phenomenal job organizing this well attended event. He also announced that on Saturday, October 24 the Township will be holding its Annual Free Rabies Clinic from 8:30 to 10:00 at the DPW garage. Township Engineer s Report Mr. Statile reported that the 2015 Road Resurfacing program is complete with only striping the stop signs and crosswalks needing to be done. This project was done on budget and while the weather was good. It also included the United Water work and paving at the Cherrywood Townhouses which the developer will be reimbursing directly to the contractor. Mr. Statile next reported that the DOMUS project should be complete and open by the end of the year. And United Water is replacing the water main on Pascack Avenue due to too many breaks in the line. The work should take approximately (3) weeks and once completed United Water will fully mill and repave the street. The Engineer continued with an update on the Cart Path resurfacing project at the Country Club. He had a pre-construction meeting with the contractor. The work is scheduled to start on November 16 th and should take approximately a week to complete. Regarding the Rivervale Road Embankment Stabilization project he explained that they are waiting on Verizon to relocate their wires on the poles. And the tree removal work may be starting as well. The Mayor stressed that he wants to over communicate to the public that for approximately 7 or more months the road will be closed. He would like to see this information posted on the website and email blasts to be sent out. Mr. Rotella added that he has spoken to the Police Chief about notifying the residents as well. Mr. Statile noted that this is a regional closure and the work may start in January. Mr. Statile concluded with a brief update of grant applications to the NJDOT for both Polar Road and Rockland Avenue. And he is following up on the last few punch list items for the Cherrywood Townhomes which is very near completion. ******************************** 1 st Hearing of the Public Motion by Councilman Donovan; second by Councilman Ben-Yishay to open the meeting to the public. 2
Bob Fortsch 511 Bernita Drive Mr. Fortsch commented that the Police Department Golf Outing was outstanding. He also extended his compliments to both Officer Josh and Dispatcher Judy who both did an outstanding job. He s looking forward to next year s outing. Mayor Jasionowski commented that he recently spoke to Det. Sgt. DeVoe who reported that the Junior Police Academy starts this Monday night and this year s class will be the largest in River Vale history. There are 163 student enrolled in this year s program which is very impressive. The Mayor commended Sgt. DeVoe for doing a fantastic job. There being no further questions or comments motion by Councilman Donovan; second by Councilwoman Sieg to close the meeting to the public. RESOLUTIONS ************************* Motion by Councilman Donovan; seconded by Councilman Ben-Yishay to approve Resolution #2015-200 as follows: Resolution #2015-200 RESOLUTION APPROVING MINUTES September 21, 2015 REGULAR MEETING BE IT RESOLVED, by the Township Council of the Township of River Vale that the minutes of the September 21, 2015 Regular Meeting of the Township Council are hereby approved. ROLL CALL VOTE Councilman Ben-Yishay, Councilman Donovan, and Council President Bromberg voted yes. Councilwoman Sieg abstained. Councilman Criscuolo was absent. ************************ Motion by Councilman Ben-Yishay; seconded by Councilman Donovan to approve Resolutions #2015-201 through #2015-216 with the exception of #2015-213 as a Consent Agenda as follows: Resolution #2015-201 RESOLUTION CONFIRMING CONTRACT WITH APPROVED STATE VENDOR FOR CONTRACTING UNITS PURSUANT TO N.J.S.A. 40A:11-2a (BEYER FORD) WHEREAS, the Township of River Vale, pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c), may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and WHEREAS, the Township of River Vale has the need on a timely basis to purchase the following vehicle for the River Vale Police Department utilizing State contracts; (1) 2015 Dodge Durango 3
AND WHEREAS, the Township of River Vale intends to enter into a contract with a Referenced State Contract Vendor through this resolution and properly executed contracts, which shall be subject to all the conditions applicable to the current State contracts. NOW THEREFORE BE IT RESOLVED, that the Township of River Vale authorizes the Purchasing Agent to purchase the above listed vehicle from those approved New Jersey State Contract vendors, pursuant to all conditions of the individual State contracts; and BE IT FURTHER RESOLVED, that the governing body of the Township of River Vale pursuant to N.J.A.C. 5:30-5.5 (b), the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer. Resolution #2015-202 RESOLUTION AUTHORIZING NOT TO EXCEED LIMITATIONS FOR CHRISTOPHER STATILE FOR THE 2015 ROAD RESURFACING PROGRAM WHEREAS, on September 18, 2015 the Township Engineer, Christopher P. Statile, P.A. submitted a proposal to provide full time inspection services for the 2015 Road Resurfacing project; and WHEREAS, the Chief Financial Officer has certified the availability of funds in the Capital Account. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of River Vale that not to exceed limitations are hereby approved and established in the amount of $24,500.00 for the firm of Christopher P. Statile, P.A. Resolution #2015-203 RESOLUTION AUTHORIZING NOT TO EXCEED LIMITATIONS TO CHRISTOPHER STATILE FOR THE CART PATH RESURFACING PROJECT (PHASE 3) WHEREAS, on September 18, 2015 the Township Engineer, Christopher P. Statile, P.A. submitted a proposal to provide planning, design and construction monitoring services for Phase 3 of the Cart Path Resurfacing project; and WHEREAS, the Chief Financial Officer has certified the availability of funds in the Golf Course Capital Account. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of River Vale that not to exceed limitations are hereby approved and established in the amount of $6,525.00 for the firm of Christopher P. Statile, P.A. Resolution #2015-204 4
RESOLUTION APPROVING THE RAFFLE LICENSE FOR HEALING THE CHILDREN NEW JERSEY BE IT RESOLVED that the following license to conduct a Tricky Tray raffle is issued to: NAME: LOCATION OF RAFFLE: DATE OF RAFFLE: Healing the Children New Jersey 112 5 th Avenue Hawthorne, NJ 07506 Estate at Florentine Gardens 97 Rivervale Road River Vale, NJ 07675 November 12, 2015 (7:00pm to 10:00pm) I.D. #: 238-4-27791 RAFFFLE LICENSE: RL 445 BE IT FURTHER RESOLVED that said license shall be issued subject to all rules and regulations of the Legalized Games of Chance Control Commission of the State of New Jersey. Resolution #2015-205 RESOLUTION ACKOWLEDGING REVIEW AND DISCUSSION OF THE BEST PRACTICE INVENTORY (2015) BE IT RESOLVED, by the Township Council of the Township of River Vale that all members of the governing body present at the regularly scheduled meeting of the Township Council on October 13, 2015 have reviewed and discussed the 2015 Best Practice Inventory prepared by the Chief Financial Officer. Resolution #2015-206 RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE BLOODBORNE PATHOGEN PROFESSSIONAL AGREEMENT WITH THE COUNTY OF BERGEN (2016-2017) BE IT RESOLVED, by the Township Council of the Township of River Vale that the Mayor is hereby authorized to sign the above mentioned agreement with the County of Bergen to coordinate and provide Bloodborne Pathogen Training to all Township employees and volunteers at risk for occupational exposure. Resolution #2015-207 RESOLUTION TAX LIEN REDEMPTION WHEREAS, the property located at 620 Fairway Terrace (Block 1715, Lot 57.01) has been redeemed. The Tax Collector has received (1) one check in the amount of $ 13,513.67 for payment of the lien (Certificate No. 15-00003); and 5
WHEREAS, the Township is holding the $ 46,000.00 premium in a Trust Account for the above mentioned lien. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of River Vale that the Treasurer is hereby by authorized to issue two (2) municipal checks in the amounts of $ 13,513.67and $ 46,000.00 respectively payable as follows: US Bank Cust BV001 Trst & Crdtrs 50 South 16 th Street Suite 2050 Philadelphia, PA 19102-2513 Resolution #2015-208 RESOLUTION APPOINTING MUNICIPAL REPRESENTATIVE FOR OPEN SPACE COMMITTEE (2015-2016) WHEREAS, the Township of River Vale has entered into a Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act NJSA 40A:8A-1 et seq. to participate in the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund; and WHEREAS, said Agreement requires that one municipal representative be appointed by the governing body of the community to be part of the Open Space Trust Municipal Park Improvement Program Regional Committee for the term of one year coinciding with the fiscal year July 1, 2015 through June 30, 2016. NOW, THEREFORE, BE IT RESOLVED, that the governing body hereby appoints Business Administrator/CFO Gennaro Rotella as its representative to participate on the Open Space Trust Municipal Program Regional Committee. Resolution #2015-209 APPROVE APPOINTMENT OF BERGEN COUNTY COMMUNITY DEVELOPMENT REPRESENTATIVES FOR THE FISCAL YEAR JULY 1, 2015 TO JUNE 30, 2016 WHEREAS, the Township of River Vale has entered into a Three Year Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act NJSA 40A:8A-1 et seq. and Title I of the Housing and Community Development Act of 1974; and WHEREAS, said Agreement requires that one Municipal Representative be appointed by the Governing Body of the community to be part of the Community Development Regional Committee for the term of one year coinciding with the fiscal year July 1 through June 30. NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of River Vale hereby appoints Business Administrator/CFO Gennaro Rotella and his alternate, Councilwoman Denise Sieg to participate on the Community Development Regional Committee. 6
Resolution #2015-210 R E S O L U T I O N CHAPTER 159 WHEREAS, N.J.S.A. 40A:4087 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount. NOW THEREFORE BE IT RESOLVED that the Township Council of the Township of River Vale hereby requests that the Director of Local Government Services approve the insertion of an item of revenue in the budget of the year 2015 in the sum of $9,876.00 which is now available from the Bergen County Department of Health Services for the Township s participation in the Alliance to Prevent Substance Abuse program. BE IT FURTHER RESOLVED that the sum of $ 9,876.00 is hereby appropriated under the caption of Public and Private Programs. Resolution #2015-211 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO GRANT AGREEMENT WITH BERGEN COUNTY FOR SENIOR CITIZENS ACTIVITIES (2015-2016) BE IT RESOLVED, that the Mayor and Council of the Township of River Vale wish to enter into a grant agreement with the County of Bergen for the purpose of using $ 4,125.00 in 2015-2016 in Community Development Block Grant funds for Senior Citizens Activities; BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize the Mayor to be a signatory for the aforesaid grant agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize the Chief Financial Officer to sign all County vouchers submitted in connection with the aforesaid project; and BE IT FURTHER RESOLVED that the Mayor and Council recognize that the Township of River Vale is liable for any funds not spent in accordance with the Grant Agreement; and that liability of the Mayor and Council is in accordance with HUD requirements. Resolution #2015-212 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO GRANT AGREEMENT WITH BERGEN COUNTY FOR HANDICAP ACCESSIBLE BATHROOMS AMBULANCE CORP. (2015-2016) BE IT RESOLVED, that the Mayor and Council of the Township of River Vale wish to enter into a grant agreement with the County of Bergen for the purpose of using $ 45,000.00 in 2015-2016 7
in Community Development Block Grant funds for Handicapped Accessible Improvements to the Bathrooms at the Ambulance Corp. Building; BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize the Mayor to be a signatory for the aforesaid grant agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize the Chief Financial Officer to sign all County vouchers submitted in connection with the aforesaid project; and BE IT FURTHER RESOLVED that the Mayor and Council recognize that the Township of River Vale is liable for any funds not spent in accordance with the Grant Agreement; and that liability of the Mayor and Council is in accordance with HUD requirements. Resolution #2015-214 RESOLUTION CONFIRMING THE APPOINTMENTS NEW MEMBERS TO THE RIVER VALE VOLUNTEER FIRE DEPARTMENT WHEREAS, the Board of Officers of the River Vale Volunteer Fire Department are recommending the appointment of the following resident as new members of the River Vale Volunteer Fire Department: Dejan Braunstein Brett Boretti NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of River Vale that the appointments of Dejan Braunstein and Brett Boretti are hereby confirmed. Resolution #2015-215 REFUND (River Vale Day Vendor Fee) WHEREAS, the following individual has requested a refund of the River Vale Day Vendor fee; and WHEREAS, the Treasurer has certified the availability of funds in the Recreation Account. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of River Vale that said refund is approved and the Treasurer is hereby authorized to issue a municipal check payable to: Jill Thompson 124 Grand Avenue Park Ridge, NJ 07656 $ 30.00 8
Resolution #2015-216 RESOLUTION APPROVING THE RAFFLE LICENSE FOR ACADEMY OF THE HOLY ANGELS BE IT RESOLVED that the following license to conduct an on premises 50/50 raffle is issued to: NAME: LOCATION OF RAFFLE: DATE OF RAFFLE: AHA Parents Guild 315 Hillside Avenue Demarest, NJ 07627 Estate at Florentine Gardens 97 Rivervale Road River Vale, NJ 07675 November 24, 2015 (6:30pm to 10:30pm) I.D. #: 102-5-15835 RAFFFLE LICENSE: RL 446 BE IT FURTHER RESOLVED that said license shall be issued subject to all rules and regulations of the Legalized Games of Chance Control Commission of the State of New Jersey. ROLL CALL VOTE Councilman Ben-Yishay, Councilman Donovan, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Criscuolo was absent. ******************************* Motion by Councilman Ben-Yishay; seconded by Councilwoman Sieg to approve Resolution #2015-213 as follows: Resolution #2015-213 REFUND (Mets Tickets) WHEREAS, the following individuals have requested a refund for tickets purchased to attend a Mets game on October 2 nd which was cancelled due to inclement weather; and WHEREAS, the cost of each ticket was $89.00; and WHEREAS, the Treasurer has certified the availability of funds in the Recreation Account. 9
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of River Vale that said refund are approved and the Treasurer is hereby authorized to issue municipal checks payable as follows: Mark Bromberg $ 89.00 Lisa DeProspero $ 178.00 Bob Fortsch $ 178.00 Dale Friedman $ 178.00 Martha Gallo $ 445.00 Ray Harvey $ 356.00 Gennaro Rotella $ 89.00 Ike Young $ 89.00 ROLL CALL VOTE Councilman Ben-Yishay, Councilman Donovan and Councilwoman Sieg voted yes. Council President Bromberg abstained. Councilman Criscuolo was absent. *************************** Ordinances for 1 st Reading ORDINANCE #306-2015 Motion to Introduce: Second: Councilman Donovan Councilwoman Sieg AN ORDINANCE OF THE TOWNSHIP OF RIVER VALE, COUNTY OF BERGEN NEW JERSEY AMENDING CHAPTER 225 OF THE CODE, ENTITLED TREE REMOVAL BE IT ORDAINED by the Township Council of the Township of River Vale that Chapter 225 Tree Removal is amended as follows: 225-2. Definitions. ENFORCEMENT OFFICER the Township Engineer, Construction Code Official or Department of Public Works Superintendent. TREE any living woody perennial plant having a trunk diameter of at least four inches measured at four feet above the natural ground level. If a plant has multiple stems, then the aggregate of the stem diameters and/or the aggregate of the circumferences shall be used in determining whether the plant is a tree. 225-4. Permit Required. B. The following acts are hereby regulated and shall require the below-referenced permit. 10
(1) A Tree Removal Permit shall be required prior to the cutting for removal of more than one (1) tree on a tax lot within any twenty-four month period. Any tree removal conducted in conjunction with the issuance of a Soil Moving Permit or Building Permit shall require the replacement of two trees for every tree removed regardless of the number removed. All tree replacement shall be in accordance with Section 225-5D. Donations to the Shade Tree Fund may be approved when the required replacement is not feasible. 225-5. Application for Permit. D. All tree replacements, including those for an approved tree removal permit, shall meet the following: (1) Reforestation for replacement of all non-exempt tree removal is 2 trees for every tree removed. (2) Replanted trees shall be at least 2 1/2 inches in diameter caliper, measured at breast or chest height, and shall be nursey stock, balled in burlap and staked upon planting per municipal standards provided by the Municipal Engineer or in accordance with the New Jersey Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forestry Services, as detailed in the most recent Program Guidelines. Trees for reforestation shall be indigenous of the site from which trees have been removed, consistent with the species found and /or being considered for removal, and in accordance with the above state publication. (3) The location of replanted trees shall be determined by the following schedule of preference when at all possible: 225-8. Exceptions. (a) In the development location where the trees are removed. (b) Within the building or tax lot containing the removed trees. (c) Within the streets rights-of-way bounding the site and/or in the same block. (d) At the discretion of the Township Engineer or his/her designee, a contribution may be made (for all or a portion of the required replanted trees) to the Township s Shade Tree Fund based on current market values as determined by the Township Engineer of the required replacement trees in lieu of on-site reforestation. A. The removal of any tree as ordered by the Enforcement Officer. B. Any tree located on publicly owned land and removed by the appropriate public agency with the consent of the Enforcement Officer. 11
C. Any tree that poses imminent danger to life or property. If prior notification of the removal of said tree pursuant to this chapter has not been given to the Enforcement Officer prior to removal, then notification must be provided within three days of such removal. D. Any dead tree or substantially diseased tree as a result of natural causes or storm damage where: (1) The person desiring to destroy or remove the tree is the owner of the land upon which the tree is located; (2) The person notifies the Enforcement Officer of the desire to remove the tree; and (3) The Enforcement Officer verifies that the tree is dead and substantially diseased as a result of natural causes. Sections E and F of this section remain unchanged. 225-9. Violations and Administrative Penalties. A. The Enforcement Officer or his/her designee is designated as the enforcing agent for the Section. Upon review of as-built plans or site inspection of any development application or soil movement activity, the Township Engineer shall inform the Enforcement Officer of any violations. B. Any individual, corporation or association violating any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $1,000 per offense. The cutting, destruction or removal of each tree shall constitute a separate offense. 225-11. Fees. A. The fee for a tree removal permit shall be set forth as follows: Number of Trees Fee 6 to 10* $150 11 to 20 $250 21 to 50 $500 51 and over $1,000 plus an additional $100 for each additional 5 trees or part thereof. NOTE: *There is no fee for removal of five or less trees in any twenty-four month period. B. Notwithstanding the fee schedule, no permit fee shall be required for the removal of a dead or hazardous tree, provided that the applicant and/or property owner satisfies all the other requirements of this chapter. This Ordinance shall take effect following adoption and approval in a time and manner prescribed by law. 12
ROLL CALL VOTE Councilman Ben-Yishay, Councilman Donovan, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Criscuolo was absent. ORDINANCE #307-2015 Motion to Introduce: Second: Councilman Ben-Yishay Councilwoman Sieg AN ORDINANCE OF THE TOWNSHIP OF RIVER VALE, COUNTY OF BERGEN NEW JERSEY AMENDING CHAPTER 142 OF THE CODE, ENTITLED LAND USE ARTICLE XXXVII TREE PRESERVATION AND REMOVAL BE IT ORDAINED by the Township Council of the Township of River Vale that Chapter 142, Article XXXVII is amended as follows: 142-169. Definitions. TREE Any living woody perennial plant having a trunk diameter of at least four inches measured at four feet above the natural ground level. If a plant has multiple stems, then the aggregate of the stem diameters and/or the aggregate of the circumferences shall be used in determining whether the plant is a tree. 142-174. Criteria for plan approval and compliance. D. The removed trees are to be replaced according to the following formula: Where a Tree Removal Permit is required, two replacement trees shall be planted on the subject tax lot for every tree removed. All tree replacement shall be in accordance with Chapter 225-5D of the Township Ordinance. This Ordinance shall take effect following adoption and approval in a time and manner prescribed by law. ROLL CALL VOTE Councilman Ben-Yishay, Councilman Donovan, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Criscuolo was absent. Ordinances for 2 nd Reading & Public Hearing ****************************** Motion by Council Donovan; second by Councilman Ben-Yishay to open the Public Hearing on Ordinance #305-2015. 13
Motion by Councilman Donovan second by Councilman Ben-Yishay to closed the Public Hearing on Ordinance #305-2015 ORDINANCE #305-2015 Motion to Adopt: Second: Councilman Ben-Yishay Councilwoman Sieg AN ORDINANCE OF THE TOWNSHIP OF RIVER VALE, COUNTY OF BERGEN NEW JERSEY AMENDING CHAPTER 142 OF THE CODE, ENTITLED LAND USE REGULATING THE USE OF TEMPORARY STORAGE CONTAINERS WHEREAS, the use of Temporary Storage Containers, also referred to as Portable Storage Containers (PSCs) has increased within the Township of River Vale; and WHEREAS, it is in the best interest of the residents of the Township of River Vale to regulate the use of such Temporary Storage Containers to maintain the residential quality of the Township residents as well as visual and environmental impact in the Township of River Vale ; WHEREAS, the Mayor and Council have determined that the general health, welfare and safety of the residents of the Township of River Vale will be improved by regulating the time, location, duration, size and content of such PSCs; and BE IT ORDAINED by the Township Council of the Township of River Vale that Chapter 142 is amended as follows: TEMPORARY STORAGE CONTAINERS Section 1. Definition. A Temporary Storage Container also referred to as Portable Storage Containers (PSCs), shall mean a container designed for the outdoor storage of personal property for temporary or permanent use, which is to be delivered and removed by vehicle. Section 2. Permit required. No Temporary Storage Container shall be allowed on any private property in the Township of River Vale unless a Storage Container Permit is issued prior to the placement of such unit for the length of time as provided herein: 1. The owner or occupant of the site where the unit is to be placed shall apply for a Storage Container Permit to the Construction Code Official or his designee. The applicant shall pay, upon issuance of the Storage Container Permit, a required fee of Fifty Dollars ($50.00). 2. The Storage Container Permit shall be valid for sixty (60) days. Upon the request of the owner or occupant of the site to renew the permit, the Construction Code Official or his designee shall inspect the site where the PSC is located to determine whether such permit should be extended. Such permit may be extended up to four (4) additional thirty (30) day period(s) upon the approval of the Construction Code Official or his designee. An additional fee of Thirty Dollars ($30.00) shall be paid for the extension of such permit for thirty (30)-day additional period. In no event shall a container 14
be placed on any site in the Township of River Vale for more than one hundred eighty (180) days within a 12 month period without approval of the Zoning Board of Adjustment, said approval to be in the form of a duly adopted and memorialized resolution authorizing said container for a period in excess of the one hundred eighty (180) day aggregate limit set forth herein. 3. No such permit shall be issued to any user who is in violation of any zoning or property maintenance ordinance of the Township of River Vale unless approved by the zoning official. Furthermore, the owner or occupant of any property upon which a PSC is in place upon the effective date of this section shall be required to obtain a permit under this section within thirty (30) days of the effective date hereof. Section 3. Regulations. 1. Location. A Temporary Storage Container shall be placed only in the driveway, allotted off street parking spaces, or upon an asphalt, concrete or other improved surface on the property. The following provisions shall also apply: a. No more than one Temporary Storage Container shall be permitted on any single tax map lot. b. No Temporary Storage Container shall be placed in the public easements or rights-ofway, nor shall it obstruct the sidewalk. c. No Temporary Storage Container shall be placed within five (5) feet of a neighboring property line. d. A Temporary Storage Container shall be set back at least fifteen (15) feet from the principal building on the lot. e. No Temporary Storage Container shall occupy an area greater than five per cent (5%) of the total lot area at which it is located. f. The owner or occupant of the site where the unit is to be placed shall utilize existing buffers when determining the location for a Temporary Storage Container to screen the container from adjoining properties. g. A Temporary Storage Container shall not obstruct circulation for vehicles, particularly emergency vehicles. h. A Temporary Storage Container shall not be placed in an area where its placement may reduce parking to a level inconsistent with the Code of the Township of River Vale and the Residential Site Improvement Standards (RSIS). 2. Size. No Temporary Storage Container shall exceed eight (8) feet in height, eight (8) feet in width and sixteen (16) feet in length. 3. Use. A temporary Storage Container shall be utilized on private property only for the limited purpose of temporarily storing common household items such as furniture, clothing or other household belongings, coming from or to a structure on the property that is being renovated or sold. a. The following items are expressly prohibited from being stored or kept within a Temporary Storage Container: hazardous substances, including chemical, flammable or explosive materials, firearms, ammunition, prescription drugs or narcotics, any material or contraband the possession of which is unlawful, food, other than as packaged for sale in cans, jars or bottles and for use by the occupant of the dwelling upon the lot where the unit is permitted, and solid waste, recyclables, construction or demolition debris, commercial items or property for use other than at the premises where the unit is located. 15
b. In no event shall a Temporary Storage Container be used for temporary habitation of humans or animals. 4. Signage. A Temporary Storage Container shall have no signage other than the name, address and telephone number of the person or entity engaged in the business of renting or otherwise placing the unit. 5. Lighting. There shall be no lighting fixtures attached to a Temporary Storage Container, nor shall any lighting fixture be solely utilized to light a container. 6. Maintenance. A Temporary Storage Container shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. When not in use, the container shall be locked at all times. All Temporary Storage Containers used in the Township of River Vale shall be equipped with floors that prevent the intrusion of rats or other vermin into the unit. Section 4. Violations and Penalties. 1. Any person who allows, keeps, places and/or maintains a Temporary Storage Container on a site within the Township of River Vale without obtaining a Storage Container Permit shall be in violation this Chapter. 2. A violation of any provision of this Chapter is punishable by a fine of not less than Five Hundred Dollars ($500.00) per day for the first such violation, and up to One Thousand Dollars ($1,000.00) per day for the second or subsequent violation. Upon and after a third violation, the penalty that may be imposed, in addition to the fine set forth above, may be imprisonment for a period not exceeding ninety (90) days, or both. 3. Any violation issued and fine imposed as a result of a violation of this Chapter shall be imposed against the property owner even if a tenant of the property owner obtained the storage container which resulted in the issuance of a violation or imposition of a fine. Section 5. Invalidity. If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Ordinance. Section 6. Severability. All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. Section 7. Effective Date. 16
This Ordinance shall take effect following adoption and approval in a time and manner prescribed by law. No container in place at the time of adoption shall be exempt from the provisions hereof after thirty days following the effective date hereof. ROLL CALL VOTE Councilman Ben-Yishay, Councilman Donovan, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Criscuolo was absent. 2 nd HEARING OF THE PUBLIC ****************************** Motion by Councilman Ben-Yishay; seconded by Councilman Donovan to open the meeting to the public. There being no questions or comments from the public motion by Councilman Donovan; seconded by Councilman Ben-Yishay to close the meeting to the public. ADJOURNMENT ************************************ Motion by Councilman Ben-Yishay; seconded by Councilwoman Sieg to adjourn the meeting at 8:25pm. ATTEST: Karen Padva Township Clerk Council President Mark Bromberg 17