BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

MAY 29, 2012

8:00 p.m.

MINUTES

1. CALL TO ORDER; OPENING STATEMENT: This meeting is being held in compliance

with Public Law 1975, Chapter 231, Sections 4 and 13, as notice of this meeting and the agenda thereof had been reported to The Citizen and the Morris County Daily Record and The Star Ledger on January 4, 2012 and posted in the municipal building.

Mayor Gormally called the meeting to order at 8:00 p.m.

2. ATTENDANCE AND FLAG SALUTE

All Council members were present except for Deputy Mayor Happer, who arrived at 8:02 p.m.. Also in attendance were Borough Attorney James Bryce, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

3. COMMUNITY ANNOUNCEMENTS

Mayor Gormally mentioned that the Borough hosted a lovely Memorial Day ceremony, and he publicly acknowledged all the work done by the DPW, the Police Department, and the Memorial Day Committee.

Mayor Gormally also mentioned that the High School Track Team had recently taken first place in the Liberty Division of the Northwest Jersey Athletic Conference.

Councilman Jackson reminded Council members that the Primary election would be held on Tuesday, June 5^th.

Councilman McWilliams said that the Solid Waste Committee public presentation would be held on Tuesday, June 6^th at 7:30 pm at the High School.

Councilman Shaw took a moment to publicly thank Eileen Wilson and the League of Women Voters, as well as his colleagues who participated, for the success of the “Borough Council goes to Briarcliff” event.

4. PUBLIC COMMENT

Mayor Gormally opened the public comment portion of the meeting with consent of the Council. Mayor Gormally explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

With no one wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.

The Council paused briefly in order to have a Borough Council photo taken by Allison Fenton.

MAY 29, 2012

MINUTES

PAGE TWO

5. SPECIAL PRESENTATION – ENVIRONMENTAL COMMISSION

-Sustainable Jersey

Jackie Bay, Chair of the Environmental Commission, told the Council that this Bronze Level Certification was an accomplishment for the Environmental Commission and for all of Mountain Lakes. The Borough created a Green Team by Resolution in June of 2009, and the process of applying for Sustainable Jersey certification took two years. Ms. Bay spoke about the certification process and about the different areas in which the Borough was able to achieve its minimum requirement of 150 points. Sylvia Petillo, Hopatcong Mayor and Sustainable Jersey Board Trustee, presented the plaque to the Borough Council. She encouraged the Council to try to attain the next level of certification, Silver, which requires at least 350 points. Mr. Frank Sanchez, a High School faculty member, spoke to the Council about plans to reach the Silver level by increasing the involvement of the schools and students.

Mayor Gormally commended all those involved in the process of Sustainable Jersey certification.

In order to accommodate the members of the public who were in attendance, Mayor Gormally amended the agenda by moving up the Solid Waste Committee report, previously listed under the Council Report section of the agenda.

Solid Waste Committee - Councilman McWilliams said that the Committee had three goals: to improve the variety of items recycled, to lower costs, and to maintain the decorum and look of the town. He mentioned that Mountain Lakes had the twelfth (12^th) best recycling rate in the County, but that the Borough could take ownership of its recycling and take advantage of a revenue stream that was currently being enjoyed by vendors. He commended the DPW on increasing the diversity of items residents could bring to the facility for recycling. He said that the Committee had decided against a formal community survey, as the current program for homeside garbage collection and recycling works well and time was of the essence. The Committee will host a public presentation on June 6^th at 7:30 pm at the High School. Councilman McWilliams said he expected the work of the Committee would continue after the RFP (Request for Proposal) was completed, as more resident education regarding recycling and the use of green bags had been deemed necessary by Committee members.

6. ORDINANCE 06-12

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK FOR CALENDAR YEAR 2012 PURSUANT TO N.J.S.A. 40A:4-45.14

WHEREAS, the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Borough Council of the Borough of Mountain Lakes in the County of Morris finds it advisable and necessary to increase its Calendar Year 2012 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, amounting to $48,800.06 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next succeeding years.

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NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the Calendar Year 2012 budget year, the final appropriations of the Borough of Mountain Lakes shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $170,800.21, and that the Calendar Year 2012 municipal budget for the Borough of Mountain Lakes be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

If adopted this ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

7. ORDINANCE 07-12

ORDINANCE AMENDING CHAPTERS 71, 137, AND 204 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROHIBITING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC SPACES AND PROVIDING FOR PERMITS FOR BLOCK PARTIES.

BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, as follows:

Section 1. Chapter 71, entitled “Alcoholic Beverages,” shall be amended by the inclusion of new Article III to be entitled “Consumption and Possession of Alcoholic Beverages in Public Spaces,” which shall read in its entirety as follows:

ARTICLE III.

CONSUMPTION AND POSSESSION OF

ALCOHOLIC BEVERAGES IN PUBLIC SPACES

§ 71.11. Consumption and possession of alcoholic beverages in public spaces.

The consumption and possession of alcoholic beverages in public spaces within the Borough is prohibited. This prohibition shall not apply when a permit has been issued pursuant to § 204-31 for a “Block Party” which includes permission for the possession and consumption of alcoholic beverages or § 173-1E in certain parks and other locations.

Section 2. Chapter 173, entitled “Parks and Recreation,” Section 173-1, shall be amended by the following amendment to Subsection E which shall read in its entirety as follows:

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E. The use or possession of alcoholic beverages in Borough parks is only permitted in designated areas, between the hours of 12:00 Noon and 9:00 PM and a permit issued by the Borough is required. Any resident applying for such permit must submit a Facilities Use Request Form, as well as a Hold Harmless Agreement. Both must be submitted to the Borough Manager at least fourteen (14) prior to the date requested. In addition, a $25.00 permit fee and $100.00 refundable deposit are required at the time of approval. The use or possession of alcoholic beverages is only permitted at the following locations:

(1) Birchwood Picnic Area

(2) Island Beach Picnic Area

(3) Briarcliff Park

(4) Taft Field

(5) Alden L. Haswell (Midvale) Field

(6) Esplanade Park

No Alcoholic beverages will be permitted on any Borough owned and operated beach facilities.

Section 3. Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes, Section 111-3 entitled "Fee schedules," shall be amended by the inclusion of the following new fees in Subsection A. as follows:

(9) Permit for a Block Party under §71-2 ……..…..$25.00 plus a $100.00 refundable deposit

(10) Permit to allow the consumption of alcohol at an event in a Borough Park under §173-1E ………………… $25.00 plus a $100.00 refundable deposit.

Section 4. Chapter 204 of the Revised General Ordinances of the Borough of Mountain Lakes, entitled “Streets and Sidewalks,” shall be amended by the inclusion of new Article V to be entitled “Block Parties,” which shall read in its entirety as follows:

ARTICLE V

BLOCK PARTIES

§ 204-31. Permit for Block Parties.

Block Parties on Borough streets and roads shall be permitted only after obtaining a permit from the Borough Manager. Permits for “Block Parties” must be submitted to the Borough Manager at least fourteen (14) days prior to the date requested. Each application must include the following: Block Party Request Form, Borough Hold Harmless Agreement and diagram of requested area. Each application will require a $25.00 permitting fee, as well as a $100.00 refundable deposit. Approved permits are valid during the hours of 12:00 Noon until 9:00 PM on the date requested. Alcoholic beverages may be permitted in conjunction with a block party permit if specific permission is requested and granted. Nothing contained herein shall authorize the sale of alcoholic beverages without the proper license or permit.

Section 5. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.

Section 6. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 7. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on June 11, 2012.

The Council discussed the Ordinance, and many Council members were opposed to the language regarding the permitting of block parties. Mr. Tovo said a permitting process for block parties was desirable, as it allowed the Borough to make the determination that there were no conflicting events and enough barricades available, as well as to avoid parallel street closings. The consensus of the Council was that the Manager would put together a permitting process for block parties, but this would be done administratively and would not be included in this Ordinance. Additionally, there would be no fee for block parties. The attorney will redraft the Ordinance for the next meeting.

MAY 29, 2012

MINUTES

PAGE FIVE

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

8. ORDINANCE 08-12

ORDINANCE AMENDING CHAPTER 40 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES INCLUDING ESTABLISHING A HISTORIC PRESERVATION COMMITTEE AND ESTABLISHING SPECIAL ZONING REQUIREMENTS FOR CONTRIBUTING DWELLINGS

BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, as follows:

Section 1. Chapter 40, Land Use Administration, Article VI, “Historic Preservation,” hereby amended to read in its entirety as follows:

ARTICLE VI

Historic Preservation

§ 40-46 Intended purposes and objectives.

The intention of this article is to effectuate and encourage the protection, enhancement and perpetuation of historic structures and historic landscapes within the Borough, to implement the historic preservation element of the Master Plan, and to advance the following public purposes:

A. To foster civic pride in the history and architecture of Mountain Lakes and promote the heritage and community identity of Mountain Lakes;

B. To promote appreciation of historic resources for the education, pleasure and welfare of the local population;

C. To encourage beautification and private reinvestment in historic resources and surrounding properties;

D. To discourage the unnecessary demolition of historic resources;

E. To encourage the proper maintenance and preservation of historic resources.

§ 40-47 Historic Preservation Committee.

A. Establishment.

There is hereby established within the Borough a Historic Preservation Committee, hereinafter referred to as the "Committee,” whose members shall serve without compensation.

B. Responsibilities.

The Committee shall have the responsibility to:

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(1) Prepare a survey of historic sites of the Borough pursuant to criteria identified in the survey report;

(2) Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements and to the Council for the adoption of historic preservation provisions, standards and criteria in the land use ordinances;

(3) Advise the Council on any features of the annual capital budget that have historic preservation implications;

(4) Advise the Planning Board and Zoning Board of Adjustment on applications for development;

(5) Provide guidance to the Zoning Board of Adjustment when applicants seek clarification concerning applicability and eligibility under the Bulk Incentives set forth in this ordinance and on appeals from any decision to deny eligibility for the Bulk Incentives.

(6) Advise and assist applicants for construction permits, if requested by said applicants, in advance of a formal application concerning applicability and eligibility under the Bulk Incentives set forth in this ordinance.

(7) Carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.

(8) Evaluate historic sites included in the community-wide survey against the criteria for the New Jersey Register of Historic Places and the National Register of Historic Places and prepare nominations for consideration of the State Historical Preservation Officer.

C. Membership.

The Committee shall consist of seven members and two alternates who shall be appointed by the Mayor, with the advice and consent of the Borough Council.

D. Qualifications.

Members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology or a related discipline, to the extent that such professionals are available in the Borough. Committee membership shall include other persons who have demonstrated special interest, knowledge or experience in history, architecture or a related discipline. Members may reside outside of the Borough if no resident is qualified, except that no more than two members of the Committee shall be nonresidents. Alternate members shall meet the qualifications of regular voting members and shall be designated as Alternate No. 1 and Alternate No. 2 at the time of appointment.

E. Terms.

The initial terms of office of the first regular Committee members shall be for one, two, three or four years, to be designated by the Mayor in making such appointments in the following manner: one member shall be appointed for one year, two members shall be appointed for two years, two members shall be appointed for three years and two members shall be appointed for four years. The initial terms of office for the first alternate members of the Committee shall be for one year and two years, respectively. The term of each member shall expire on December 31 of the last year of each member's term. All members of the initial Committee shall be appointed within 90 days of the final passage of this article. The terms of appointment of succeeding Committee members shall be for four years each for regular voting members and two years each for alternate members, to expire on December 31 of the last year of such succeeding member's term. Notwithstanding any other provision herein, the term of any member common to the Committee and the Planning Board or the Zoning Board of Adjustment shall be for that person's term of membership on the Planning Board or Zoning Board of Adjustment.

F. Organization.

At its annual organization meeting, the Committee shall elect from its membership a Chairperson to serve as presiding officer of the Committee. The Committee shall also elect a Vice Chairperson from its membership and select a Secretary who may or may not be a member of the Committee.

G. Training.

Each year, a majority of Committee members shall attend a conference or training session in historic preservation or a related field. Failure to obtain adequate training may result in removal from the Committee.

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H. Vacancies.

A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only, and the appointment shall be made by the Mayor, with the advice and consent of the Borough Council, within 60 days of the vacancy.

I. Removal.

A member of the Committee may be removed by the Borough Council for cause; provided, however, that such member shall be entitled to a public hearing if he or she requests it.

J. Records and procedures.

The Committee shall keep minutes and records of all meetings and proceedings, including but not limited to voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be matters of public record. All meetings shall comply with the Open Public Meetings Act, N.J.S.A. 10:4-7 et seq. The Committee shall adopt such other procedural rules for the conduct of its business as it deems necessary and advisable. No Committee member shall vote or participate in any meeting concerning any matter in which he or she has a direct or indirect personal interest, monetary or otherwise.

K. Quorum.

A quorum for the transaction of business shall be four regular and/or alternate members.

§ 40-48 Designation of historic landmarks and historic districts.

The Committee shall maintain a comprehensive historic survey of the Borough to identify historic resources. The initial survey shall be the survey conducted in conjunction with, and included in, the nomination of the Mountain Lakes Historic District for listing on the New Jersey Register of Historic Places and the National Register of Historic Places in 2005.

§ 40-49 Special zoning requirements for contributing dwellings.

A. Bulk Incentives.

In order to provide an incentive for the preservation of contributing dwellings within historic districts, the bulk requirements in the Borough zoning ordinance have been modified to provide greater flexibility in alterations to existing contributing dwellings in historic districts that satisfy the eligibility requirements set forth in this § 40-49.

B. Bulk Incentives eligibility requirements.

Contributing dwellings will be eligible for the Bulk Incentives when all of the following conditions are satisfied with respect to any alterations made after the Effective Date:

(1) Street-facing facades. The alterations to all street-facing facades must be compatible with the existing or original structure:

(a) The proportion between the width and height of the proposed alterations must be compatible with any street-facing facade of the existing or original structure.

(b) The proportions and relationships between doors and windows in street-facing facades must be compatible with the existing or original structure.

(c) Any alterations consisting of side additions to a street-facing facade must have a minimum setback of 12 inches from the plane of the existing street-facing facade, and any associated roofline must have a minimum setback of 12 inches from the existing roof line.

(d) The following exceptions to the foregoing minimum setback requirements will be permitted where there is, on the Effective Date, an existing side addition or side porch to a street-facing facade:

[1] an existing open-air porch that does not comply with the 12-inch setback requirement may be enclosed within the existing plane of the porch,

[2] an existing side addition that does not comply with the 12-inch setback requirement may be extended a further five feet to the side of the same plane as the existing side addition.

All of the foregoing exceptions are subject to compliance with the overall bulk requirements.

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(2) Height and roof shapes. The height of the proposed alterations must be compatible with the existing structure. The design of the roof and any dormers must be compatible with the existing roof and dormers. Any alterations must preserve the existing or original roof ridge, roof pitch and overhangs of the existing or original structure, and new or altered dormers must be compatible with the typical styles of dormers associated with the original structure.

(3) Architectural details. Architectural details and materials must be incorporated as necessary to relate the new with the old and to preserve and enhance the character-defining features of the existing or original structure. Windows may be replaced as long as they contain real or simulated divided lights, grille patterns, sizes and shapes that are compatible with the typical style of windows associated with the original structure and otherwise comply with the requirements of this subparagraph (3).

(4) Retention of original structure. After completion of the proposed alterations:

(a) 100% of the existing street-facing facade width and height must be retained intact consistent with the other requirements of this § 40-49B.

(b) At least 75% of the floor area of the original structure as it existed on December 31, 1931 must remain. Interior renovations and any restoration to match the original will not be deducted in determining compliance with the 75% requirement.

C. Modified bulk requirements.

The following modified bulk requirements will apply to contributing dwellings that satisfy the eligibility requirements set forth in § 40-49B:

(1) Limit on FAR:

Zone Contributing Dwellings

R-AA 16%

R-A 21%

(2) Limit on ILC:

Zone Contributing Dwellings

R-AA 24%

R-A 30%

(3) Minimum side setback (each side and combined total both sides):

Zone Contributing Dwellings

R-AA 20 ft. minimum side setback; minimum total of 50 ft. both sides

R-A 20 ft. minimum side setback; minimum total of 50 ft. both sides

(4) Pre-existing nonconforming setbacks and height:

(a) A contributing dwelling with a side setback of less than 20 feet as of the Effective Date that satisfies the eligibility requirements set forth in § 40-49B will still be eligible for the Bulk Incentives, and will not require a variance solely with respect to such existing nonconforming side setback, provided that (1) after the completion of the proposed alteration, the contributing dwelling complies with the requirement that there be a minimum total side setback of 50 feet on both sides, and (2) the proposed alteration does not result in an increase in the bulk of the portion of the contributing dwelling within the existing nonconforming side setback.

(b) A contributing dwelling with a front or rear setback of less than the applicable minimum setback set forth in the zoning ordinance as of the Effective Date that satisfies the eligibility requirements set forth in § 40-49B will still be eligible for the Bulk Incentives, and will not require a variance solely with respect to such existing nonconforming front and/or rear setback, provided that the proposed alteration does not result in an increase in the bulk of the portion of the contributing dwelling within the existing nonconforming front and/or rear setback.

(c) A contributing dwelling with a height (in stories or feet) in excess of the applicable maximum height set forth in the zoning ordinance as of the Effective Date that satisfies the eligibility requirements set forth in § 40-49B will still be eligible for the Bulk Incentives, and will not require a variance solely with respect to such existing nonconforming height, provided that the proposed alteration does not result in an increase in the portion of the contributing dwelling that exceeds such maximum height.

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D. Documentation and approval of Bulk Incentives eligibility.

(1) Eligibility for Bulk Incentives will be determined by the Zoning Officer.

(2) Whenever an applicant seeks Borough approval of a construction permit in reliance on the Bulk Incentives, the applicant shall submit all of the following as part of the submission of the applicant's application for such permit:

(a) A fully completed checklist and certification in the form of Appendix A to this article from a New Jersey licensed professional architect that the proposed alteration complies with all of the requirements of § 40-49B and that the architect is familiar with the publication entitled, “Historic Mountain Lakes – Restoration and Renovation Handbook.” In order to enable access to the foregoing publication by certifying architects, the Committee shall publish such publication on its website and make physical copies of such publication available upon written request.

(b) In order to facilitate the Committee’s periodic review of certifications made under this § 40-49D pursuant to § 40-49F, three additional copies of the applicant's application for a construction permit, including the checklist and certification required under § 40-49D(2)(a), to be delivered to the Committee.

(3) If the Zoning Officer determines that, notwithstanding the submission of the checklist and certification required under § 40-49D(2), the applicant's application for a construction permit does not comply with the requirements of § 40-49B, the Zoning Officer shall deny the application and provide the applicant with a written statement of the grounds for such denial.

(4) The applicant may appeal a denial of an application under § 40-49D(3) to the Zoning Board of Adjustment following the procedures under the zoning ordinance applicable to denials of zoning permits generally. The applicant may combine such appeal with an application to the Zoning Board of Adjustment for a variance.

(5) The Planning Board may also determine eligibility for Bulk Incentives in connection with any application for a subdivision involving a lot on which a contributing dwelling is located. Eligibility for Bulk Incentives shall be determined using the procedures set forth in § 40-49D(2). Where the subject application for a subdivision does not involve any alterations to the Contributing Dwelling, eligibility for Bulk Incentives will be measured based on any alterations that have been made to the contributing dwelling after the Effective Date and prior to the date of the proposed subdivision. The applicant may appeal a denial by the Planning Board of eligibility for Bulk Incentives under this § 40-49D(5) to the Council following the procedures under the land use ordinance applicable to denials of subdivision applications generally.

E. Requests for clarification.

An applicant or architect may request clarification from the Zoning Board of Adjustment for a determination whether a given structure is eligible for the Bulk Incentives or whether a proposed alteration meets the eligibility requirements set forth in § 40-49 for the Bulk Incentives. The Committee will act in an advisory capacity in such requests to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall render its decision no later than 60 days after the date a request is submitted.

F. Review of certifications.

In order to evaluate the effectiveness of the certification process required under § 40-49D(2) in effectuating the purposes of this ordinance, the Committee shall from time to time review applications that have been submitted in reliance on the Bulk Incentives and the accompanying checklists and certifications required under § 40-49D(2) and may make recommendations to the Planning Board regarding potential revisions to this article based on the results of such review.

G. Records relating to alterations to contributing dwellings.

(1) Whenever a question arises, for purposes of this article, as to the condition of a contributing dwelling on the Effective Date, the applicant and the applicant’s certifying architect shall have the burden of establishing what the condition of the contributing dwelling was on the Effective Date.

(2) In order to facilitate establishing what the condition of contributing dwellings was on the Effective Date, all applicable Borough departments will maintain copies, which may be in hard copy or digital format, of files relating to applications for construction permits relating to contributing dwellings and make such files available to prospective applicants and their certifying architects for inspection and copying upon request. In addition, the Committee may create and maintain a photographic record of contributing dwellings to be used in documenting the condition of contributing dwellings.

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§ 40-50 Demolitions and relocations.

A. Demolition of a contributing dwelling.

(1) For any application for a demolition permit for a contributing dwelling, the Construction Official shall issue a demolition permit provided that all of the following requirements have been fully met:

(a) Demolition Notice Publication.

[1] The applicant shall cause to be published in the official newspaper of the Borough a notice setting forth the following:

[A] The applicant's intent to demolish, including a description of the subject property (by block and lot as well as by physical location) and a description of the contributing dwelling to be demolished; and

[B] The anticipated time frame(s) associated with the demolition.

[2] A copy of the notice shall be delivered to the Committee either in person at the Borough Hall or by certified mail within the first five days of the Notice Period.

(b) Notice Period. The "Notice Period" shall commence on the date the notice is published and shall run for a period of time of 90 days.

(c) Documentation. During the Notice Period, the applicant shall, on not less than 10 days prior notice from the Committee, provide access for a period of four hours during the Notice Period to all interior and exterior areas of the contributing dwelling proposed for demolition to permit documentation of the contributing dwelling. Such documentation may include photographs, floor plans, measured drawings, an archeological survey, and any other comparable form of documentation stipulated by the Committee. Additional access will be at the discretion of the applicant.

(d) Confirmation of Compliance. At the conclusion of the Notice Period, if the applicant still wishes to demolish the subject contributing dwelling, the applicant shall perform the following:

[1] File an application for a demolition period with the Construction Official; and

[2] Provide the Construction Official with an affidavit of publication from the official newspaper of the Borough including a copy of the notice that appeared in the newspaper and a statement of the date on which the said notice appeared in the newspaper; and

[3] Provide the Construction Official with an affidavit of delivery relating to the notice to the Committee including a copy of the notice and proof of delivery in person at the Borough Hall or mailing by certified mail; and

[4] Notify the Construction Official whether the Committee has provided a notice pursuant to § 40-50(1)(c), and confirm that the applicant has complied in all respects with its obligations under such subparagraph.

(2) Permit Fee. The fee for an application for a demolition permit for a contributing dwelling set forth in Chapter 111 shall be increased by a defined amount over the otherwise applicable fee for non-contributing dwellings, which amount shall initially be $500 as of the Effective Date and shall thereafter be adjusted from time to time.

(3) Assignment. No assignment of the rights granted by a demolition permit to demolish shall be permitted.

(4) Expiration of Approval. In cases where demolition is permitted, the demolition permit shall be valid for one year from the date of issuance of the permit. The one year period shall not be extended.

B. Applicability of Bulk Incentives.

(1) Relocations. A contributing dwelling will not be ineligible for Bulk Incentives solely because it has been relocated from its original site to another location within the boundaries of the historic district.

(2) Replacement Dwellings. The Bulk Incentives set forth herein will not be available for a building which replaces a demolished or relocated contributing dwelling.

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§ 40-51 General.

A. Other requirements unaffected.

The requirements of this article shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.

B. Powers of other boards and committees.

No duties or powers of the Committee shall supersede or infringe on the powers of other Borough boards and committees.

APPENDIX A CHECKLIST AND CERTIFICATION FOR ELIGIBILITY FOR BULK INCENTIVES

This Checklist and Certification must be completed, sealed and certified by a licensed architect.

ELIGIBILITY FOR BULK INCENTIVE

Applicant _______________________________________________________________

Address_________________________________________________________________

Owner __________________________________________________________________

Address_________________________________________________________________

Block Number__________________________Lot(s)_____________________________

Application Number______________________

Certification that the proposed alterations comply with all of the requirements of § 40-49B. Certain terms are used as defined in the Mountain Lakes Land Use Administration Ordinance:

______ The alterations to all street-facing facades will be compatible with the existing or original structure. (§ 40-49B(1))

______ The proportion between the width and height of the proposed alterations will be compatible with any street-facing facade of the existing or original structure. (§ 40-49B(1)(a))

______ The proportions and relationships between doors and windows in street-facing facades will be compatible with the existing or original structure. (§ 40-49B(1)(b))

______(If applicable, check here and confirm below that one of the requirements below applies) Alterations include side additions to a street-facing facade.

______ Any alterations consisting of side additions to a street-facing facade will have a minimum setback of 12 inches from the plane of the existing street-facing facade, and any associated roofline will have a minimum setback of 12 inches from the existing roof line. (§ 40-49B(1)(c))

______ There was, on [the Effective Date], an existing side addition or side porch to a street-facing facade (§ 40-49B(1)(d)):

______ an open-air porch that existed on [the Effective Date] and does not comply with the 12-inch setback requirement will be enclosed within the existing plane of the porch, and overall bulk requirements will be complied with. (§ 40-49B(1)(d)[1])

______ a side addition that existed on [the Effective Date] and does not comply with the 12-inch setback requirement will be extended no more than a further five feet to the side of the same plane as the existing side addition, and overall bulk requirements will be complied with. (§ 40-49B(1)(d)[2])

______ The height of the proposed alterations will be compatible with the existing structure. (§ 40-49B(2))

______ The design of the roof and any dormers will be compatible with the existing roof and dormers. (§ 40-49B(2))

______ Any alterations will preserve the existing or original roof ridge, roof pitch and overhangs of the existing or original structure. (§ 40-49B(2))

______ (If applicable, check here and confirm that the requirement below applies) Alterations include new or altered dormers.

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______ Any new or altered dormers will be compatible with the typical styles of dormers associated with the original structure. (§ 40-49B(2))

______ Architectural details and materials will be incorporated as necessary to relate the new with the old and to preserve and enhance the character-defining features of the existing or original structure. (§ 40-49B(3))

______ (If applicable, check here and confirm that the requirement below applies) Windows will be replaced or have been replaced since [the Effective Date].

______ The replacement windows contain real or simulated divided lights, grille patterns, sizes and shapes that are compatible with the typical styles of windows associated with the original structure and otherwise comply with the requirements of this subparagraph (3). (§ 40-49B(3))

______ After completion of the proposed alterations, 100% of the existing street-facing facade width and height will be retained intact consistent with the other requirements of this checklist. (§ 40-49B(4)(a))

______ After completion of the proposed alterations, at least 75% of the floor area of the original structure as it existed on December 31, 1931 will remain. (Interior renovations and any restoration to match the original will not be deducted in determining compliance with the 75% requirement.) (§ 40-49B(4)(b))

______ I have read and am familiar with the publication entitled, “Historic Mountain Lakes – Restoration and Renovation Handbook.” (Available on the Mountain Lakes Historic Preservation Committee website, or upon written request to the Mountain Lakes Historic Preservation Committee.)

______ To the best knowledge of the person signing this certification, any alterations to the structure that were performed after [the Effective Date] and prior to the date hereof and still exist as of the date hereof fully comply with the requirements of § 40-49B.

Certified by: __________________________ Print Name:___________________________

License #: ___________________________ Date:_______________________________

Section 2. Chapter 40, Land Use Administration, Section 40-3, entitled “Definitions”, is hereby amended to include the following additional definitions:

BULK INCENTIVES – The modified bulk zoning requirements applicable to contributing dwellings satisfying the eligibility requirements set forth in § 40-49.

COMMITTEE – The Historic Preservation Committee established pursuant to the provisions of this article.

COMPATIBLE – When used in connection with a component of an alteration, shall mean the component is consistent or in keeping with the original structure or the existing structure. In order to be compatible, a component of an alteration is not required to be identical to components of the original structure or the existing structure. Being compatible includes both restoration and replacement of the original structural component.

CONTRIBUTING DWELLING – (1) One of the dwellings that (a) were constructed on or before December 31, 1931, (b) are listed as “contributing buildings” within the Mountain Lakes Historic District in the National Register of Historic Places Registration Form for the Mountain Lakes Historic District, (c) are described as a “Hapgood” or “Belhall” structure in the National Register of Historic Places Registration Form for the Mountain Lakes Historic District, and (d) have not been demolished prior to the Effective Date; and (2) such other structures as are designated as “contributing dwellings” by ordinance upon the recommendation of the Committee and the Planning Board. The Committee shall publish a listing of contributing dwellings on its website.

DEMOLITION OR DEMOLISH – The razing, dismantling or destruction, whether entirely or in significant part, of any designated building, structure, site, object or improvement.

EFFECTIVE DATE – ________, 2012.

EXISTING– When used in connection with a structure or a component or feature of a structure, refers to such structure as it existed on the Effective Date.

HISTORIC DISTRICT – The Mountain Lakes Historic District in the New Jersey Register of Historic Places and the National Register of Historic Places.

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HISTORIC RESOURCE – Any buildings, structures, sites, objects, improvements or landscapes which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.

ORIGINAL STRUCTURE – The structure as it existed when originally constructed.

REPLACEMENT – The act or process of replicating any exterior architectural feature that is used to substitute for a deteriorated or extensively damaged architectural feature.

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

STREET-FACING FACADE – The facade of a structure that (i) faces a street which abuts the property on which the structure is located and which is actively used as a roadway for vehicular traffic by the public, and (ii) is either parallel to, or at an angle of not more than 45 degrees to, such street. Corner lots and “through lots” shall be considered to have two street-facing facades.

Section 3. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Each of the provisions of this Ordinance relating to Bulk Incentives are inseparable from the remainder or any portion thereof, and if any section or provision of this Ordinance relating to Bulk Incentives, including the limitations on eligibility for Bulk Incentives, shall be held invalid in any Court of competent jurisdiction, then all provisions of this Ordinance relating to Bulk Incentives shall be invalid.

Section 4. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 5. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on June 25, 2012.

The Council discussed some of the points of the Ordinance, particularly as to how it related to the demolition process, including the notice of publication, the notification period, and historic documentation of the home.

Mayor Gormally made a motion to amend the Ordinance by eliminating 40-50, Section A, “demolition of a contributing dwelling”. Councilman Shaw seconded the motion. The motion was defeated by a roll call vote of two “Ayes” (Shaw, Gormally) and five “Nays” (McWilliams, Holmberg, Jackson, Bravo, Happer).

Councilman Jackson made a motion to amend the Ordinance with minor language changes documented by the Attorney. Deputy Mayor Happer seconded the motion. The motion was passed unanimously by a roll call vote of seven “Ayes” and no one responding “Nay”.

Mayor Gormally made a motion to amend 40-50, Section A1(a)1, eliminating the “demolition notice publication” and Section A1(d)2, eliminating the “affidavit of publication”, and changing A1(b) “notice period” from ninety (90) days to 60 (days) and changing the “Notice Period” to be defined as the date the notice would be delivered to the Committee. Councilman Shaw seconded the motion. The motion was defeated by a roll call vote of three “Ayes” (Holmberg, Shaw, Gormally) and four “Nays” (McWilliams, Jackson, Bravo, Happer).

Councilman Shaw made a motion to eliminate the publication requirement. Councilman Holmberg seconded the notion. The motion was passed by a roll call vote of five “Ayes” (McWilliams, Holmberg, Shaw, Happer, Gormally) and two “Nays” (Jackson, Bravo).

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Mayor Gormally made a motion to amend 40-50, Section A(c) to include “in the alternative, the applicant may supply the information set forth herein consistent with guidelines developed by the Committee. Councilman Shaw seconded the motion. The motion was passed unanimously by a roll call vote of seven “Ayes” and no one responding “Nay”.

The Council then voted on the amended Ordinance, which included minor language changes, the elimination of the publication requirement, and an alternative means of historical documentation provided by the applicant.

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

9. ORDINANCE 09-12

ORDINANCE AMENDING CHAPTER 45 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROVIDING FOR THE APPOINTMENT OF A DEPUTY TAX COLLECTOR

BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, as follows:

Section 1. Chapter 45 of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the inclusion of new section 45-14 which shall be entitled “Deputy Tax Collector” and shall read in its entirety as follows:

45-14 Deputy Tax Collector

A. Establishment. There is hereby created the position of Deputy Tax Collector.

B. Appointment and term. The Deputy Tax Collector shall be appointed by the Borough Council for an indeterminate term and shall be an at will employee of the Borough.

C. Powers and duties. The Deputy Tax Collector shall perform the duties and carry out the responsibilities assigned to the position by the Tax Collector and Borough Manager and shall, in the absence of the Tax Collector, perform on a temporary basis the duties of the Tax Collector.

Section 2. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.

Section 3. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 4. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on June 11, 2012

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Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

10. *RESOLUTIONS

R78-12 Payment of Bills

11. *MINUTES

May 14, 2012 (Regular)

Deputy Mayor Happer presented non-substantive changes to the minutes. Councilman Shaw and Councilwoman Bravo abstained from voting on the May 14, 2012 Minutes as they were not in attendance at that meeting.

Council Member	By:	2^nd:	Yes	No	Abstain	Absent
McWilliams			X
Holmberg		X	X
Jackson			X
Bravo			X		X
Shaw	X		X		X
Happer			X
Gormally			X

12. ATTORNEY REPORT

Review of Meeting Minutes

Mr. Bryce discussed the review of Executive Minutes with the Borough Council. It was determined that each time Executive Minutes are reviewed for approval by the Council, a list of redacted Executive Minutes should be attached by the Borough Clerk. If the Council determines a topic on the list of redacted Executive Minutes has had a change in status, it shall be brought to the attention of the Clerk and Attorney. The Borough Clerk and Attorney will then review all redacted minutes associated with the topic. If the determination is made that the matter has been resolved and there is no cause for the Executive Minutes to remain redacted, the Clerk will present a Resolution to the Council authorizing the release of redacted minutes at the next meeting.

13. MANAGER REPORT

Mr. Tovo offered kudos to Mr. Prusina and the DPW crew for their efforts surrounding the Memorial Day celebration. He also mentioned the installation of a new flagpole at Birchwood.

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Budget Update

Mr. Tovo said the Borough has made substantial progress closing out the 2011 financial records and expects to have the Annual Financial Statement (AFS) completed early next week.

Deputy Mayor Happer asked about the deferred charge in the 2012 budget relating to Police Overtime. Tim Roberts explained that, due to an emergency that arose in 2011, the Borough was able to spend the money in 2011 but defer payment of the funds until 2012

Mr. Roberts said it appears that the tax increase for 2012 will be approximately 3.7%, which equates to $120 per average home. He said that a determination is still being made about the best course of action regarding the paying down of debt. He and Mr. Tovo are working in conjunction with the Finance Committee to review the different options available and to decide on the best recommended course of action for the Borough.

Mr. Roberts said that the 2012 budget will be receiving a full review from the State.

14. COUNCIL REPORTS

Solid Waste Committee (previously discussed, see Agenda Item #5)

Shade Tree Commission - Councilwoman Bravo said the Shade Tree may be making a future presentation to the Council and is considering recommending some changes to the Tree Protection Ordinance.

Zoning Board of Adjustment – Councilman Shaw said the Board is considering a revision to the application fees.

15. PUBLIC COMMENT

Mayor Gormally opened the second public comment portion of the meeting with the consent of the Council.

With no one wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.

16. ADJOURNMENT at 11:26 p.m.

*Consent agenda

Attest: May 29, 2012

Motion made by Councilman McWilliams, second by Deputy Mayor Happer, to adjourn the meeting at 11:54 p.m., with all members in favor signifying by “Aye”.

________________________________ _______________________________

Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor