BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

MAY 12, 2014

7:30 PM EXECUTIVE SESSION

8:00 PM PUBLIC SESSION

 

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 8, 2014 and posted in the municipal building.

 

Mayor Happer called the meeting to order at 8:00 p.m in the municipal building.

2.             ROLL CALL

 

Ms. Reilly called the roll. All Council members were present. Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Acting Chief Financial Officer D. Timothy Roberts, Borough Auditor Timothy Vrabel., Borough Superintendent Anne Mucci and Business Administrator Daniel Borgo.

 

3.             PLEDGE OF ALLEGIANCE

Mayor Happer led the salute to the flag.

4.             EXECUTIVE SESSION                                                                                                       NONE

                 

5.             COMMUNITY ANNOUNCMENTS

Councilman Albergo announced that he and Councilman McWilliams had spoken with the Environmental Commission and the Solid Waste Committee and had agreed in principle to merge the two groups into one. He said he would speak more about the merge during Council Reports.

 

Councilman McWilliams said that the Mountain Lakes Volunteer Fire Department was holding its annual Dinner Dance this Saturday night at the Zeris Inn at 6:00 pm. The Department would be honoring its members and the mutual aid departments from the surrounding communities.

 

Deputy Mayor Holmberg offered thanks to the League of Women Voters and to President Jayne Wolkenstein for facilitating a successful “Borough Council Goes to Briarcliff” event.

 

Mayor Happer announced that Deputy Mayor Holmberg would review the details of the Discussion Item on the School Election. After his review, Mayor Happer stated that he would open up the public comment session for comments to include any public comment on the Discussion Item.

 

Deputy Mayor Holmberg provided an overview of his discussion item regarding the timing of the School Election. He noted that the Borough is one of twenty-four (24) municipalities in the State that has chosen to maintain a school election in April instead of moving the election to November, coinciding with the General Election as allowed by State law, and mentioned the low voter turnout in the recent school election.

 

6.             PUBLIC COMMENT

                Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than five (5)                 minutes and no yielding of time to another person.

 

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

 

Fred Kanter - Hanover Road, Mountain Lakes

Mr. Kanter said he believes it is a requirement for the Council to choose a Borough Attorney each year and that there was is no record of a selection in 2013. In addition he said that it is unacceptable that fifty percent (50%) of the plants chosen for Cove Park have died. He also stated that Cove Park as redone is not conducive to fishing.

 

 

 

 

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Councilwoman Bravo responded to Mr. Kanter’s comments about Cove Park and stated that the Borough has been consulting with Tony Cerbo from Cerbo’s Garden Center and will be replanting the dead plants, some of which Mr. Cerbo will supply at no cost. In addition, she stated that the Borough will be placing a temporary fence at the location until the plants have a chance to grow and fill in. This temporary fencing could be in place for three or four years. Mr. Kanter commented that the fence would not help fishermen, and Councilwoman Bravo stated that the public must be kept off the plants until they have a chance to take root and to take hold. She stated that the Borough made a commitment to the Cove Park project and would honor that commitment by allowing the plants to grow.

 

Kim Sheppell – Melrose Road

Ms. Sheppell discussed the school election and said that although low voter turnout was disheartening, does that necessitate taking the vote away completely. She said she felt that increased voter turnout in November was irrelevant if voters cannot vote on the school budget. She encouraged the Council not to vote to move the school election and cited setting a good example for children that having a voice is a privilege.

 

LaVonne Feigeles – Boulevard

Ms. Feigeles said she was frustrated by low voter turnout but moving the school election to November meant sacrificing transparency and accountability. She said voters would not be voting on the actual school budget in November since there are many exceptions to CAP and the capped portion of the budget does not represent true taxpayer liability. She thanked the Borough Council for publicizing the meeting and allowing the public the opportunity to express their views on the school election.

 

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

 

 

7.             DISCUSSION ITEMS:

                -School Election

 

The Council discussed some of the issues regarding the April school election, such as cost, low voter turnout, and budget oversight. It was mentioned that the decision to move the school election until November could be made by either the Board of Education or the Borough Council at any time. Deputy Holmberg reported that the Board of Education had already discussed moving the school election at its last meeting, and will be discussing it again at the May 20th meeting with possible action expected at the June 2nd meeting.

 

Mayor Happer mentioned that when the law was passed in 2012 allowing the movement of the school election, the Board of Education had requested that the Borough Council not make the decision to move the election but to allow the Board of Education to send out and evaluate a school survey. Dr. Anne Mucci, Superintendent of Schools, reported that at the time the survey results indicated residents favored maintaining an April school election. However, she said the survey result has not translated into voter turnout at the polls. In response to a question from Mayor Happer, Mr. Borgo, the Business Administrator, noted that a public presentation of the school budget and a public hearing on the budget would still be held if the election were moved to November.

 

Mayor Happer stated that he was in favor of moving the election to November although he would let the Board of Education take the lead on the decision. He pointed out that residents vote only for their elected municipal officials and not directly on the municipal budget, and this would be similar for the school system if the election was moved to November. Councilwoman Bravo agreed with Mayor Happer’s position, as did Councilmen Lester and McWilliams.

 

Deputy Mayor Holmberg said he was more likely to be in favor of maintaining an April election. He said the money spent on the school election was money well spent and a small price to pay in order to have a voice on a nineteen million dollar ($19,000,000) budget. He said low voter turnout could be interpreted as a sign of confidence in the school administration. He said continuing efforts to educate and empower people to vote would be better ways to affect voter turnout than moving the election. Councilman Albergo agreed with the Deputy Mayor’s position and said he felt it would be difficult to give up the budget oversight, and Councilman Borin concurred.

 

The consensus of the Council was that they delay a decision on moving the election based on the outcome of the Board’s discussions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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8.             ORDINANCE 04-14

 

                ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND                 ESTABLISHING A GROUNDWATER RESOURCE AREA AND REGULATING THE USE OF LAND WITHIN THAT AREA

 

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. Article VI of Chapter 102 of the Revised General Ordinance of the Borough of Mountain Lakes presently titled “Groundwater Management in the Prime Aquifer Area” shall be re-titled “Groundwater Resource Area Regulations” and shall be amended to read, in its entirety, as follows:

 

ARTICLE VI:  Groundwater Resource Area Regulations

 

§ 102-30. Findings.

 

The governing body of Mountain Lakes finds that:

 

A.  The groundwater underlying this municipality is a major source of existing and future water supplies, including drinking water.

 

B.  The groundwater aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams, which also constitute a major source of water for drinking, commercial and industrial needs.

 

C.  Accidental spills and discharges of toxic and hazardous materials may threaten the quality of these groundwater supplies and related water sources.

 

D.  Contaminated water from any source is a detriment to the health, welfare and comfort of the residents of this municipality, and other users of these water resources.

 

E.  Spills or discharges of hazardous substances or hazardous wastes may contaminate or pollute water. As a preventive measure, the proximity of such materials to sources of water supplies, such as public community wells, should be restricted so that there will be sufficient time to find and clean up such spills or discharges before water supplies become contaminated.

§ 102-31. Purpose.

 

The purpose of this article is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the municipality to ensure a supply of safe and healthful drinking water for the present and future generations of local residents, employees and the general public in this municipality, as well as users of these water supplies outside this municipality. Areas of land surrounding each public community well, known as "groundwater resource areas" (GWRAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for groundwater contamination can be reduced. The purpose of the regulations contained in this article is to prevent the migration of potential pollutants from areas within a GWRA into groundwater that is withdrawn from a public community well.

 

§ 102-32. Statutory authority.

 

The Borough of Mountain Lakes is empowered to regulate these activities under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use to secure a safe and adequate drinking water supply for its residents. With the authority to implement the Water Resource Ordinance, Mountain Lakes Borough is also obligated to insure that its provisions are carried out in a manner which is  consistent with N.J.A.C. 7:14B. The Health Department of this municipality has autonomous power granted by the State Legislature to develop this article to protect public health, safety and welfare, as set forth in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq., and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq.

 

§102-33. Definitions.

 

As used in this article, the following terms shall have the meanings indicated:

 

ADMINISTRATIVE AUTHORITY - The Planning Board or Board of Adjustment and the Health Department, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

 

APPLICANT - Person applying to the Health Department, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this article that would be located within a regulated Groundwater resource area.

 

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AQUIFER - A formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.

 

BEST MANAGEMENT PRACTICES (BMP) - Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.

 

CONTAMINATION - The presence of any harmful or deleterious substances in the water supply.

 

DEVELOPMENT - The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.

 

DISCHARGE - Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.

 

DRY WELL - A subsurface storage facility that receives and temporarily stores roof runoff. A dry well may be either a structural chamber and/or an excavated pit filled with aggregate in accordance with the requirements of the Borough Engineer.

 

GROUNDWATER - Water contained in interconnected pores of a saturated zone in the ground, also known as "well water." A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric.

 

HAZARDOUS SUBSTANCE - Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.

 

HAZARDOUS WASTE - Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.

 

MAXIMUM CONTAMINANT LEVEL – The maximum permissible level of a contaminant in water which is delivered to any user of a public community water system.

 

NAICS - North American Industrial Classification System pursuant to the North American Free Trade Agreement of 1993.

 

NJDEP - New Jersey Department of Environmental Protection.

 

PERSON - Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency or an agent or employee thereof.

 

POLLUTED WATER - In the content of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.

 

POTENTIAL POLLUTANT SOURCE (PPS) - An activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this article potential pollutant sources are defined in § 102-36.

 

PPS - Potential Pollutant Source.

 

PUBLIC COMMUNITY WELL - A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

 

SOLE SOURCE AQUIFER - Any drinking water aquifer upon which more than 50% of a population group depends and for which there is no practicable or affordable alternate water supply, as certified by the United States Environmental Protection Agency.

 

TIME OF TRAVEL (TOT) - The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.

 

TIER 1 GROUNDWATER RESOURCE AREA - That area of land within a GWRA from which groundwater may enter the well within two years. (See maps referenced under § 102-34.)

 

TIER 2 GROUNDWATER RESOURCE AREA - That area of land within a GWRA from which groundwater may enter the well within five years. (See maps referenced under §102-34.)

 

TIER 3 GROUNDWATER RESOURCE AREA - That area of land within a GWRA from which groundwater may enter the well within 12 years. (See maps referenced under § 102-34.)

 

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WELLHEAD - The well borehole and appurtenant equipment.

 

GROUNDWATER RESOURCE AREA (GWRA) - An area described in plan view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.

 

GWRA - Groundwater resource area.

 

§ 102-34. Establishment of groundwater resource areas and maps.

 

A.  Groundwater resource area maps.

 

(1) The delineations of groundwater resource areas are shown on a map entitled “ Groundwater Resources Protection Area – Borough of Mountain Lakes” dated February 3, 2014 which is adopted herein by reference.  A copy of this map is available in the office of the Borough Clerk.

 

(2) Groundwater resource areas, as shown on the maps described in Subsection A(i), shall be considered to be superimposed over any other established zoning district. Land in a Groundwater resource area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.

B.  Assignment of restriction within groundwater resource areas. Properties located wholly or partially within a Groundwater resource area shall be governed by the restrictions applicable to the Groundwater resource area.

 

§ 102-35. Regulation of groundwater resource areas for public community wells.

 

A.  The Administrative Authority for administering the provisions of this article shall be the Planning Board or Board of Adjustment, Zoning Officer and the Health Department of Mountain Lakes acting jointly and in consultation.

 

B.  Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of Mountain Lakes and which is located within a delineated GWRA, as defined in §102-34, that involves a potential pollutant source (PPS), as defined in §102-36, shall comply with the requirements of this article.

 

C.  Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this article, shall file an operations and contingency plan, as required by §102-38, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this article, shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Health Department of Mountain Lakes, and shall be available to the public for inspection.

 

D.  Any change in land use or activity that adds a major or minor potential pollutant source (PPS), as defined in §102-36, shall be prohibited within a Tier 1 GWRA.

 

E.  Any change in on-site land use or activity that adds a major PPS, as defined in §102-36, shall be prohibited within a Tier 2 GWRA.

 

F.  Any change in on-site land use or activity that involves any PPS, as defined in §102-36, within any GWRA, that is not prohibited pursuant to Subsection D or E, shall comply with the best management practice standards, as defined in §102-38.

 

G.  Exemptions:

 

(1)  Retail sales establishments that store and handle hazardous materials for resale in their original containers. This exemption shall not preclude the submission of a best management practices and the operations and contingency plan in accordance with § 102-37 and 102-38.

 

(2)  Police, fire and emergency medical service facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with § 102-37 and 102-38.

 

(3)  Municipal, county and state government facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with § 102-37 and 102-38.

 

(4)  The use of any hazardous material solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.

 

(5)  The transportation of a hazardous material through the GWRA, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such hazardous material.

 

(6)  Preexisting facilities, but not expansion of same, that would qualify as a  continuance of an existing nonconforming uses.

 

(7)  A NJDEP approved discharge to groundwater permit (DGW) for remediation of groundwater cleanup in any Tier GWRA.

 

 

 

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H.  This article is supplementary to other laws and ordinances in this municipality. Where this article or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this article shall supersede. These rules and regulations shall in no way affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.

 

I.  The use limitations noted herein shall be considered as limitations stipulated in the permitted list of uses in each zone. The activities regulated herein shall be considered limitations accessory to permitted uses in each zone.

 

§ 102-35. Potential pollutant sources.

 

The following are major and minor potential pollutant sources (PPS) subject to the requirements of this article. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 12.12.

 

A.  Major PPSs include:

 

(1)  Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills.

 

(2)  Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials.

 

(3)  Any use or activity requiring the underground storage of a hazardous substance or waste greater than an aggregate total of 50 gallons and regulated by NJDEP under provisions of the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-­21 et seq.).

 

(4)  Aboveground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.

 

(5)  Any industrial treatment facility lagoon.

 

(6)  Automotive service center (repair and maintenance).

 

(7)  Landfill.

 

(8)  Dry-cleaning facility (except retail distribution only of dropoff and pickup of dry cleaning only).

 

(9)  Road salt storage facility.

 

(10)  Cemetery or funeral homes or such facilities with embalming facilities.

 

(11)  Truck or bus maintenance yard.

 

(12)  Site for storage and maintenance of heavy construction equipment and materials.

 

(13)  Site for storage and maintenance of equipment and materials for landscaping.

 

(14)  Livestock operation.

 

(15)  Quarrying and/or mining facility.

 

(16)  Asphalt and/or concrete manufacturing facility.

 

(17)  Junkyard/auto recycling and scrap metal facility.

 

(18)  Farm or residential underground storage of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

 

(19)  Underground heating oil storage tank for on-site consumption with a capacity greater than 2,000 gallons.

 

B.  Minor PPSs include:

 

(1)  Any use or activity requiring the underground storage of hazardous substance or waste of 50 gallons or less.

 

(2)  Underground heating oil storage tank for on-site consumption with a capacity of 2,000 gallons or less.

 

(3)  Sewage treatment facility.

 

(4)  Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in Subsection C.)

 

 

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(5)  Industrial waste line. (See conditions in Subsection C.)

Septic leaching field.

 

(6)  Facility requiring a groundwater discharge permit issued by the NJDEP pursuant to N.J.S.A. 7:10-14A et seq.

 

(7)  Stormwater line within 100 feet of a regulated well. (See conditions in Subsection C.)

 

(8)  Waste oil collection, storage and recycling facility.

 

(9)  Agricultural chemical bulk storage and mixing or loading facility, including crop dusting facilities.

 

(10)  Aboveground storage of hazardous substance or waste in quantities of 2,000 gallons or less. (See conditions in Subsection C.)

 

(11)  Any facility with a NAICS Code number included under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table II(N)A, with a toxicity number of II or greater.

 

C.  Conditions:

 

(1)  Sanitary sewer lines, industrial waste lines and stormwater lines may be located no closer than 100 feet to a regulated well, and only if they are constructed of watertight construction (that is steel, reinforced concrete, PVC or other suitable material as approved by the Borough utility authority).

 

(2)  Manhole and/or connections to a sanitary sewer system are restricted within 100 feet of a regulated well.

 

(3)  Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties with NAICS codes not listed in Appendix A may be located no closer than 100 feet to a regulated well.

 

(4)  Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with § 102-37 herein and shall be located no closer than 100 feet to a regulated well. The new aboveground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent properties.

 

(5)  An aboveground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with § 102-37 herein and shall be located no closer than 100 feet to a regulated well.

 

§102-36. Best management practice performance standards.

 

Any applicant proposing any change in land use or activity that involves any PPS, as defined in §102-36, that would be located either wholly or partially within any GWRA shall comply with and operate in a manner consistent with the following best management practices, and Mountain Lakes Borough is also obligated to insure that its provisions are not carried out in a manner which is not inconsistent with N.J.A.C. 7:14B.:

 

A.  All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the groundwater or surface waters.

 

B.  Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.

 

C.  Secondary containment structures.

 

(1)  Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures which may include but not be limited to:

 

(i)  Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances, for the duration of a spill event.

 

(ii)  Curbing.

 

(iii)  Gutter, culverts and other drainage systems.

 

(iv)  Weirs, booms and other barriers.

 

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 (v)  Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.

 

(vi)  Drip pans.

 

(2)  All secondary containment and diversionary structures for underground storage tanks shall be consistent with N.J.A.C. 7:14B.

 

D.  Secondary containment and diversionary systems, structure or equipment must meet the following standards:

 

(1)  The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.

 

(2)  The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area, plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.

 

(3)  In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.

 

(4)  No manufacturing area, processing area, transfer area, dike storage area, or other storage area, or secondary containment/diversion system appurtenant thereto shall drain into a watercourse, or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP-approved industrial wastewater treatment or pretreatment facility, or other NJDEP-approved facility. Exceptions to this provision shall be for retail gasoline, diesel fuel and residential home heating oil dispensing wherein the procedures are in conformance with NJDEP standards and contain stormwater runoff controls in conformance with NJDEP requirements.

 

(5)  Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.

E.  Stormwater shall be managed so as to prevent contamination of groundwater, and so as to be in accordance with applicable laws and regulations of the State of New Jersey, and of Mountain Lakes.

 

§ 102-37. Operations and contingency plan.

 

A.  Any applicant proposing any change in land use or activity that involves any PPS, as defined in §102-36, that would be located either wholly or partially within any GWRA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:

 

(1)  Types of PPS proposed for the site;

 

(2)  Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;

 

(3)  Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;

 

(4)  Means to be used to contain or remediate accidental spillage of such materials;

 

(5)  Means to notify the administrative authority about any accidental spillage of such materials;

 

(6)  Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in § 102-37, to protect groundwater quality in the GWRA and minimize the risk of potential groundwater contamination.

 

B.  The administrative authority shall review and shall approve or reject any operations and contingency plan prior to approving or denying the application for a land use change or activity.

 

C.  Any operations and contingency plan submitted shall be available for public review and comment.

 

§ 102-38. Enforcement.

 

A prompt investigation shall be made by the appropriate personnel of the Health Department of Mountain Lakes, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this article is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this article shall be construed to preclude a municipality's right, pursuant to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this article. Each day a violation continues shall be considered a separate offense.

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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 May 27, 2014.

 

Prior to the introduction Mr. Tovo said the title of the Ordinance would be changed to “Ordinance Amending the Revised General Ordinances of the Borough of Mountain Lakes and Establishing a Wellhead Protection Area and Regulating the Use of Land Within That Area”. He said that the term “groundwater resource area” would be changed to “Wellhead” to maintain consistency with terminology used by the Department of Environmental Protection (DEP). In addition, Mr. Tovo pointed out that the Ordinance includes a three (3) tier system instead of the single tier system originally envisioned, due once again to the desire to remain consistent with DEP standards.

 

Mr. Tovo stated that the proposed Ordinance was the result of many years of deliberation and a great deal of discussion about how to improve protection for the Borough’s aquifer. Mr. Tovo said the Environmental Commission was very comfortable with the proposed Ordinance and the language, as well as the three (3) tier system. Councilman Borin offered compliments to the Environmental Commission, particularly to Margaret Gossett and Jackie Bay, who were both in the audience, and Khizar Sheikh, for their time and efforts on behalf of this project.

 

Mr. Tovo said that the proposed Ordinance complements the Borough’s recommendations for redevelopment, as it is necessary to protect the quality of water and the water source when considering ideas for progress.

 

Mr. Tovo stated that, if introduced, the proposed Ordinance would be sent to the Planning Board, for a review of consistency with the Master Plan, and to the DEP for their review and approval. He said he would expect the DEP to take a few months for their review. Therefore, the public hearing date is yet to be determined.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Albergo

 

X

X

 

 

 

 

 

 

 

 

 

Borin

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

Lester

 

 

X

 

 

 

 

 

 

 

 

 

McWilliams

X

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

                VOTE AS INTRODUCED ON MAY 12, 2014                                

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.             ORDINANCE 05-14

                ORDINANCE AMENDING CHAPTER 245 AND 40 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF                 MOUNTAIN LAKES

 

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 245, Section 245-20 entitled “Supplementary bulk regulation,” of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the following amendment to subsection A. which shall read in its entirety as follows:

 

A.  Lakefront exceptions.

(1)  It is the intent of this subsection that the view of the lake afforded existing houses or principal buildings on lakefront property shall be maintained to the extent reasonably achievable, balancing the rights of all parties. Where there is a neighboring house or principal building on an adjacent property, the setback distance from the lake of any proposed new house, addition or accessory structure shall be no less than the setback of the neighboring house or principal building, or 25 feet, whichever is greater. Where there are neighboring houses or principal buildings, on each side, on adjacent properties, the new setback distance shall be no less than the setback of a line drawn between the setbacks of the neighboring houses or principal buildings, or 25 feet, whichever is greater. Where the adjacent property is Borough-owned property, the next adjacent neighboring house or principal building shall be used to establish the setback as described above.  This provision shall not apply to accessory structures 5 feet or less in height.

 

BOROUGH OF MOUNTAIN LAKES

MAY 12, 2014

PAGE TEN

 

 

(2) No structure shall be located within 25 feet of the shoreline of a lake, of the bank of a watercourse or within delineated wetlands.

 

Section 2.             Chapter 40, “Land Use Administration,” Section 40-3 entitled “Definitions,” of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the following amendment to the definition of “Setback line,” which shall read its entirety as follows:

 

SETBACK LINE

That line to which a building and any porches, patios or carports, whether to not enclosed, must be set back from the street line or lot lines. The setback distance shall be measured at right angles to the street line or lot line.  Short entrance stairs, driveways and walkways shall be excluded from setback requirements.

 

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.

 

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 May 27, 2014.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

 

 

 

 

 

 

Borin

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

Lester

 

 

X

 

 

 

 

 

 

 

 

 

McWilliams

X

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

X

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

                VOTE AS INTRODUCED ON MAY 12, 2014                                

 

 

 

 

 

 

 

 

 

 

 

 

 

10.          BUDGET RESOLUTION 79-14

                Read Budget By Title Only

               

RESOLUTION AUTHORIZING THE 2014 BUDGET TO BE READ BY TITLE ONLY

      

WHEREAS, N.J.S.A. 40A:4-8 provides that the Budget be read by title only at the time of public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing a complete copy of the approved Budget, as advertised, has been posted in the Municipal Building, the local public library and copies have been made available by the Clerk to persons requesting them; and

 

WHEREAS, these conditions have been met.

 

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey that the Budget shall be read by title.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

Borin

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Holmberg

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MAY 12, 2014

PAGE ELEVEN

 

 

11.          PUBLIC HEARING ON 2014 MUNICIPAL BUDGET

                Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than five (5)                 minutes and no yielding of time to another person.

 

Mayor Happer stated that the notice of public hearing on the adoption of the municipal budget had been published and would be held tonight as scheduled. However, he advised those in attendance that as a result of the State’s review of the budget, there is the need for a budget amendment before the budget can be finalized.

 

Mayor Happer said that he would request a motion to amend the budget following the public hearing. The amendment will include the change required by the State. Mayor Happer stated that the Council would then vote to amend the budget previously introduced .The amendment to the budget would be published and there will be a public hearing on the amendment scheduled for the May 27th Borough Council meeting, at which point members of the public would be entitled to comment on the budget amendment. Following the public hearing on May 27th, Mayor Happer said the Council will be asked to vote on the budget as amended and the budget adoption process would be concluded.

 

Mayor Happer opened the public comment hearing with the consent of the Council. Mayor Happer 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 Happer closed the public comment portion of the meeting.

 

 

12.          BUDGET AMENDMENT 80-14

                RESOLUTION TO AMEND BUDGET

                                                                                                                                                                               

WHEREAS, the local municipal budget for the year 2014 was approved on the 14th day of April, 2014; and                                                                                                                                                                                               

WHEREAS, the public hearing on said budget has been held as advertised; and                                                                                                                                                                               

WHEREAS, it is desired to amend said approved budget.                                                                                                                                                                        

NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Mountain Lakes, County of Morris that the amendments to the approved budget of 2014 be made:                                                                                                                                                          

Summary of Revenues                                                                                                                     From                                      To                          

6. Amount to be Raised by Taxes for Support of Municipal Budget:                                                                                                        

                a) Local Tax for Municipal Purposes Including Reserve for Uncollected Taxes    5,604,564.50                         5,649,827.13

                                Total Amount to be Raised by Taxes for Support of Municipal Budget    5,604,564.50                         5,649,827.13      

7. Total General Revenues                                                                                                                                8,556,508.11                         8,601,770.74                

                                                                                                                                                                               

General Appropriations                                                                                                                                                                   

8. (A) Operations - Within "CAPS"                                                                                                                                                                   

                Employee Group Health Insurance                                                                                 395,000.00                            386,880.00         

                Total Operations - Within "CAPS"                                                                                     4,769,420.00                         4,761,300.00      

                Total Operations Including Contingent - Within "CAPS"                                              4,769,420.00                         4,761,300.00      

                                Detail:                                                                                                                                                                   

                                Other Expenses (Including Contingent)                                                          2,156,720.00                         2,148,600.00      

(H-1) Total General Appropriations for Municipal Purposes Within "CAPS"                           5,293,883.69                         5,285,763.69      

8. (A) Operations - Excluded from "CAPS"                                                                                                                                                                    

                Employee Group Health Insurance                                                                                                 -                                8,120.00              

                Total Other Operations - Excluded from "CAPS"                                                          266,400.00                            274,520.00         

                Total Operations - Excluded from "CAPS"                                                                     440,793.61                            448,913.61         

                                Detail:                                                                                                                                                                   

                                Other Expenses                                                                                                   440,793.61                            448,913.61         

 

8. (E) Deferred Charges - Municipal - Excluded from "CAPS"                                                                                                                                                   Special Emergency Authorizations - 5 Years (N.J.S. 40A: 4-55)                                               100,000.00                            200,000.00                

                Total Deferred Charges - Municipal - Excluded from "CAPS"                                   100,000.00                            200,000.00         

(H-2) Total General Appropriations for Municipal Purposes - Excluded from "CAPS"          1,709,256.11                         1,817,376.11      

(O) Total General Appropriations - Excluded from "CAPS"                                                        1,709,256.11                         1,817,376.11      

(L) Subtotal General Appropriations                                                                                                                7,003,139.80                         7,103,139.80                

(M) Reserve for Uncollected Taxes                                                                                                 1,553,368.31                         1,498,630.94      

                9. Total General Appropriations                                                                                       8,556,508.11                         8,601,770.74      

                                                                                                                                                                               

BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office of the Director of the Division of Local Government Services for his certification of the local municipal budget so amended.                                                                                                                                                                                                                            

BOROUGH OF MOUNTAIN LAKES

MAY 12, 2014

PAGE TWELVE

 

 

BE IT FURTHER RESOLVED, that this complete amendment, in accordance with the provisions of N.J.S.A. 40A:4-9, be published in the Daily Record three (3) days prior to the public hearing and that said publication contain notice of public hearing on said amendment to be held at Borough Hall on May 27, 2014 at 8:00 o'clock (p.m.).                                                                                                                   

 

Prior to the vote on the Resolution to Amend the Budget, Mr. Tovo said that as a result of the timing of FEMA reimbursements, the State had decided that the Borough fund more money in the 2014 budget towards the repayment of the five (5) year emergency loan taken to cover expenses for hurricane cleanup .

 

Mr. Tovo said that due to the State’s decision, the recommendation had been made to adjust the Reserve for Uncollected Taxes (RUT) from 94.56 to 94.76, which is still less than last year’s RUT amount of 94.96. In addition, the tax rate will increase from 1.95% to 2.87%, but still remain $19,000 below the tax levy cap. Mr. Tovo said that the good news about the State’s decision to accelerate the loan repayment schedule was that it would help decrease debt and therefore decrease the amount needed to be raised in taxes for 2015.

 

In response to Council questions, Mr. Vrabel said the Borough had legally adopted a five (5) year emergency per State statute and he felt it unusual that the State was accelerating the repayment schedule.

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

Borin

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Holmberg

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.          *RESOLUTIONS:

                R81-14   Resolution Authorizing the Refund of Overpayment of Water and Sewer Fees – Block 64, Lot13.02, 49 Melrose Road

                R82-14   Resolution Authorizing 2014 Municipal Employees’ Salary

                R83-14   Resolution Authorizing the Payment of Bills

 

Prior to the Consent Agenda vote, the Council consensus was to pull Resolution 82-14 from the Consent Agenda and carry it until the May 27, 2014 meeting.

 

14.          *MINUTES:

                April 28, 2014 (Regular)

 

15.          *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS                                          NONE

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

X

X

 

 

 

Borin

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

X

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               

16.          ATTORNEY REPORT

 

Mr. Oostdyk reported that the County tax appeals were heard by the County Board of Taxation. He said the Borough had fewer County tax appeals in 2014. Mayor Happer pointed out that the reassessment authorized by the Borough Council had benefitted the community and resulted in few tax appeals.

 

 

BOROUGH OF MOUNTAIN LAKES

MAY 12, 2014

PAGE THIRTEEN

 

 

17.          MANAGER’S REPORT

 

Mr. Tovo reported that he had done some research into the idea of having a sister city and had supplied some information in the Council packet for review, including a list of surrounding municipalities who participated in the program. He said the biggest benefit of having a sister city was promoting education and dialog between communities of different cultures. He mentioned that the cost to join the program was $150. Councilman Lester asked Mr. Tovo to reach out to the Madison administrator for thoughts on how the program has benefitted them.

 

Mr. Tovo said that Boulevard resurfacing project is progressing and that the Boulevard has been milled down to Overlook Road. He expects three (3) more days of milling followed by an additional three (3) days of paving. He hopes the project will be complete by next Monday.

 

Mr. Tovo offered thanks to Councilman McWilliams for his quick read on the personnel policy and procedure manual. Mayor Happer asked Mr. Tovo to distribute the manual to all Council members, and asked that it be discussed at two (2) separate Council meetings in the near future. Mr. Tovo said he will look at the meeting schedule and inform the Council of the discussion dates. The legal review of the manual will take place simultaneously with the Council review.

 

Councilman Lester asked Mr. Tovo to follow up with Mr. Prusina regarding the beach signs. He said he would like to see the entrance sign reflect that no dogs are allowed on the beach.

 

18.          COUNCIL REPORTS

 

Environmental Commission – Councilman Albergo reported the Commission has been focused on the introduction of the wellhead protection Ordinance. He mentioned the merge of the Commission and the Solid Waste Committee. Councilman McWilliams asked Mr. Tovo for comments on the merge and Mr. Tovo said he felt that keeping a solid waste component on a committee or commission would prove useful during the next round of contract negotiations for the solid waste contract.

 

Communications Advisory Committee – Councilman Lester said the Committee would be meeting Wednesday.

 

Zoning Board of Adjustment – Councilwoman Bravo said the Board just heard an application which made her again realize the importance of the two Ordinances introduced tonight.

 

Finance Advisory Committee – Councilman Borin said the last meeting was excellent and that Mr. Roberts and Mr. Tovo had presented their five (5) year management and budget plan. Councilman Borin said this would be a very helpful forecasting tool.

 

Historic Preservation Committee – Councilman Borin said he had an email exchange regarding the digitization of records and wanted to report that all Hapgood papers are saved on CD, government papers from 1911-1930 have been scanned and saved, and the HPC is downsizing maps so they too can be scanned. He said the HPC actively has a program in place for the digitization of records.

 

19.          PUBLIC COMMENT

                Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than five (5)                 minutes and no yielding of time to another person.

 

Mayor Happer opened the public comment portion of the meeting with the consent of the Council. Mayor Happer 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 Happer closed the public comment portion of the meeting.

 

20.          ADJOURNMENT at 10:00 PM

 

Motion made by Deputy Mayor Holmberg, second by Councilman Albergo, to adjourn the meeting at 10:00 p.m., with all members in favor signifying by “Aye”.

 

 

*Indicates Consent Agenda Item

Matters listed as Consent Agenda Items are considered routine and will be enacted by one motion of the Council and one roll call vote. There will be no separate discussion of these items unless a Council member requests an item be removed for consideration.

 

ATTEST:                MAY 12, 2014

 

________________________________                    

Michele Reilly, RMC, Borough Clerk                                               Daniel J. Happer, Mayor