* CALLING OF THE ROLL:    

                                                                 Perez

                                                                 Smith

 

* PUBLIC PORTION* CONSENT AGENDA – RESOLUTION # 2010 - 90

84 – Resolution authorizing payment to Cully D. Lewis for snowplowing assistance

85 – Transfer of Funds

86 – Resolution urging the elimination of 4% Cap on Local Tax Levy

87 – Resolution amending 2010 Temporary Budget Appropriations

88 – Bills as per list

89 – Appointment of Municipal Court Administrator

 

 

* CLOSED SESSION (IF NEEDED)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION

# 2010 – 90

CONSENT AGENDA

 

The following routine items and resolutions are to be adopted in unison as a Consent Agenda:

84 – Resolution authorizing payment to Cully D. Lewis for snowplowing assistance

85 – Transfer of Funds

86 – Resolution urging the elimination of 4% Cap on Local Tax Levy

87 – Resolution amending 2010 Temporary Budget Appropriations

88 – Bills as per list

89 – Appointment of Municipal Court Administrator

 

 

 

 

 

 

 

 

 

 

March 8, 2010

 

I am pleased to report that there are no taxes, which I deem to be uncollectible for the year 2009, to be cancelled.

 

Respectfully submitted,

 

Denise Jawidzik

 

Denise Jawidzik

Tax Collector

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION

#2010 – 85

 

TRANSFER OF FUNDS

 

The following funds shall be transferred:

 

 

 

 

 

 

 

 

WHEREAS, as a result of the 2006 Legislature’s Special Session on Property Tax, P.L. 2007, c. 62 implemented the Joint Committee’s recommendations of establishing homestead credits to reduce property taxes, imposing a 4% cap on local tax levies and permits the Local Finance Board to define capital and non-bondable current expenses; and

 

WHEREAS, in the preamble of the law it states that the “…Joint Committee found that property tax levy caps have been shown to hold down rising property taxes, and therefore, the Legislature should develop a property tax levy cap that accomplishes this goal but does not lead to unintended, adverse consequences”; and

 

WHEREAS, in the face of its own budget problems, the state eliminated the availability of the homestead relief to all but seniors and the disabled, yet failed to adjust the levy cap, which continues to cause problems in local budgeting; and

 

WHEREAS, the 4% cap on local tax levies was touted as crucial to controlling government spending and would force governments to “live within their means and encourage public officials to elevate the public interest” has adversely impacted not only municipal budgets but the ability of local officials to make sound decisions that meet the needs of their town and the demands of the taxpayers; and

 

WHEREAS, the 4% tax levy cap has proven to be counterproductive to sound fiscal policies forcing municipalities to draw down fund balances and reserves during good economic times and increase taxes during bad economic times; and

 

WHEREAS, the tax levy cap has forced municipalities to postpone infrastructure maintenance, eliminate programs and services for the needy and defer statutory expenses; and

 

WHEREAS, the 4% cap does not take into consideration expenses outside the control of local officials such as tax appeals, utility and other energy costs, state mandates, library appropriations or arbitrator’s decisions; and

 

WHEREAS, prior to the levy cap municipalities could reduce their debt, realize savings and use that savings to implement new programs without increasing taxes; with the levy cap municipalities must reduce their levy by the savings; and

 

WHEREAS, after several budget cycles municipalities have attempted to make short-term and long-term structural changes to their budget to bring down long term cost;

 

NOW, THEREFORE, the governing body of the Borough of Helmetta in the county of Middlesex, State of New Jersey hereby urges the Legislature to eliminate the arbitrary 4% tax levy cap.

 

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to State Senator Barbara Buono, Assemblymen Barnes and Deignan, the New Jersey State League of Municipalities and the Office of the Governor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION #88 -   PAYMENT OF BILLS - (detailed listing at end)

 

 

 

 

 

RESOLUTION

#2010 – 89

 

     WHEREAS, the Municipal Court Administrator, Kristy Gelsinon, resigned from her position; and

 

     WHEREAS, this vacant position must be filled;

 

     NOW THEREFORE BE IT RESOLVED, that upon advertising for this position, receiving resumes and doing an interview that

 

STACY A. KITSON

 

be and is hereby appointed to serve as MUNCIPAL COURT ADMINISTRATOR at the rate of $20.00 per hour with a term to expire 12/31/10.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) has advised the Borough of Helmetta (the “Borough”) of the necessity to replace the Borough’s existing flood damage prevention ordinance with the model ordinance provided by the NJDEP; and

 

            WHEREAS, the model ordinance provided by NJDEP is intended to provide municipalities with guidance in developing ordinances that meet the FEMA Map Modernization Program minimum requirements; and

 

            WHEREAS, the FEMA Map Modernization Program is a program that helps communities better prepare for flood disasters by identifying flood hazard and flood zone areas; and

           

            WHEREAS, the Borough Council desires to amend the Borough Code in order to replace the existing flood control ordinance with the model ordinance promulgated by the NJDEP. 

 

            NOW, THEREFORE, BE IT ORDAINED, by Borough Council of the Borough of Helmetta that Chapter 36 of the Borough Code entitled “Flood Damage Prevention” is hereby deleted in its entirety and replaced with the following:

 

 

 

A.        The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Helmetta of Middlesex County New Jersey does ordain the following contained herein.

 

A.        The flood hazard areas of the Borough of Helmetta are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.         These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

A.        It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

            (1) To protect human life and health;

 

            (2) To minimize expenditure of public money for costly flood control projects;

 

            (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

 

            (4) To minimize prolonged business interruptions;

 

            (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;

 

            (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

 

            (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

 

            (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

 

 

 

A.        In order to accomplish its purposes, this ordinance includes methods and provisions for:

 

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

 

(2) Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;

 

(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

 

(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and,

 

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

 

 

§ 36-5. Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"Appeal" means a request for a review of the Construction Code Official's interpretation of any provision of this ordinance or a request for a variance.

 

"Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

 

"Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

 

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

 

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

 

"Development" means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

 

"Digital Flood Insurance Rate Map" (DFIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

 

"Elevated building" means a non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

 

"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters and/or

            (2) The unusual and rapid accumulation or runoff of surface

waters from any source.

 

 

"Flood Insurance Study" (FIS) means the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

 

"Flood plain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

 

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

 

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

"Historic Structure" means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved State program as determined by the Secretary of the Interior; or

                        (b) Directly by the Secretary of the Interior in States without approved programs.

 

"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.

 

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

 

"Manufactured home park or manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

 

"New construction" means structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

 

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.

 

"Recreational vehicle" means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the longest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

 

"Start of Construction" for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

 

Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

 

"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

 

"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

 

"Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

 

(1)        Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

 

"Variance" means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance.

 

 

 

 

 

 

 

 

 

 

This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

 

 

In the interpretation and application of this ordinance, all provisions shall be:

     (1) Considered as minimum requirements;

     (2) Liberally construed in favor of the governing body; and,

     (3) Deemed neither to limit nor repeal any other powers granted under State statutes.

 

 

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

 

This ordinance shall not create liability

y on the part of the Borough of Helmetta or any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

 

A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 36-7. Application for a Development Permit shall be made on forms furnished by the Construction Code Official and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

 

Specifically, the following information is required:

(1)        Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

 

(2)        Elevation in relation to mean sea level to which any structure has been flood-proofed;

 

(3)        Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 36-17B; and,

 

(4)        Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

 

 

The Construction Code Official is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.

 

Duties of the Construction Code Official shall include, but not be limited to:

 

A. Permit Review

 

(1)        Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

 

(2)        Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

 

(3)        Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of Section 36-18A are met.

 

B. Use Of Other Base Flood And Floodway Data

 

When base flood elevation and floodway data has not been provided in accordance with Section 36-7, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Construction Code Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 36-17A, SPECIFIC STANDARDS, Residential Construction, and 36-17B, SPECIFIC STANDARDS, Nonresidential Construction.

 

C. Information To Be Obtained And Maintained

 

(1)        Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

 

            (2)        For all new or substantially improved flood-proofed structures:

 

(a)        verify and record the actual elevation (in relation to mean sea level); and

                        (b)        maintain the flood-proofing certifications required in Section 36-12(3).

 

(3)        Maintain for public inspection all records pertaining to the provisions of this ordinance.

 

D. Alteration Of Watercourses

 

(1)        Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

 

(2)        Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.

 

E. Interpretation Of Firm Boundaries

 

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 36-15.

 

 

A.        Appeal Board

 

(1) The Mayor & Council shall hear and decide appeals and requests for variances from the requirements of this ordinance.

 

(2) The Mayor & Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Construction Code Official in the enforcement or administration of this ordinance.

 

(3) Those aggrieved by the decision of the Mayor & Council or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in New Jersey Statutes and New Jersey Rules of Court.

 

(4) In passing upon such applications, the Mayor & Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

 

(a) the danger that materials may be swept onto other lands to the injury of others;

                        (b) the danger to life and property due to flooding or erosion damage;

(c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d) the importance of the services provided by the proposed facility to the community;

                        (e) the necessity to the facility of a waterfront location, where applicable;

(f) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(g) the compatibility of the proposed use with existing and anticipated development;

(h) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area;

(i) the safety of access to the property in times of flood for ordinary and emergency vehicles;

(j) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

(k) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

 

(5) Upon consideration of the factors of Section 36-15A(4) and the purposes of this ordinance, the Mayor & Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

 

(6)        The Construction Code Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

 

B. Conditions For Variances

 

(1)        Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a)-(k) in Section 36-15A(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

 

 (2)       Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

 

 (3)       Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

 

 (4)       Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

(5)        Variances shall only be issued upon:

 

(a)            a showing of good and sufficient cause;

(b)            a determination that failure to grant the variance would result in exceptional hardship to the applicant; and,

(c)            a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 36-15A(4) or conflict with existing local laws or ordinances.

 

(6)        Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

 

In all areas of special flood hazards the following standards are required:

 

 

 

A.         Anchoring

 

1.          All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

 

2.         All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

 

B.         Construction Materials And Methods

 

1.         All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

 

2.         All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

 

C.        Utilities

 

1.         All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

 

2.         New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;

 

3.         On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

 

4.         Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

 

D.        Subdivision Proposals

 

1.         All subdivision proposals shall be consistent with the need to minimize flood damage;

 

2.         All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

 

3.         All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,

 

4.         Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

 

E.         Enclosure Openings

All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade.  Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

 

 

In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 36-7, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 36-14B, Use Of Other Base Flood Data, the following standards are required:

 

A. Residential Construction

 

1.         New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated to or above base flood elevation;

 

2.         require within any AO zone on the municipality's DFIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

 

B. Nonresidential Construction

In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities either: 

1.         Elevated to the level of the base flood elevation; and

 

2.         Within any AO zone on the municipality's DFIRM that all new Construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;

 

3.         Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

 

4.         Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

 

5.         Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Section 36-14C(2)(b).

 

C.        Manufactured Homes

 

1.         Manufactured homes shall be anchored in accordance with Section 36-16A(2).

            2.         All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

 

 

 

Located within areas of special flood hazard established in Section 36-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

 

            A.        Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

 

B.         If Section 36-18A is satisfied, all new construction and substantial improvements must comply with ARTICLE V, PROVISIONS FOR FLOOD HAZARD REDUCTION.

 

            C.        In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

 

 

BE IT FURTHER ORDAINED, if any part or parts of this Ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this ordinance.

 

BE IT FURTHER ORDAINED, that this Ordinance shall become effective immediately upon final passage and publication in accordance with the law.

 

                                                BOROUGH OF HELMETTA COUNCIL

 

 

BOROUGH OF HELMETTA

NOTICE OF PUBLIC HEARING

 

The foregoing Ordinance was introduced and passed on first reading by the governing body of the Borough of Helmetta at a meeting held on                   , 2010 and will be considered for final passage after a public hearing at a meeting of the said governing body to be held on                    , 2010 at the Borough of Helmetta Municipal Building, 60 Main Street, Helmetta, New Jersey, at 7:00 p.m. prevailing time, at which time any interested member of the public may comment on said Ordinance. During the week prior to and up to and including the date of such meeting or further consideration, copies of said Ordinance in its entirety may be obtained from the Municipal Clerk.

 

 

ATTEST:         _______________________________________________

                        SANDRA BOHINSKI, MUNICIPAL CLERK

 

 

 

BOROUGH OF HELMETTA

NOTICE OF FINAL PASSAGE

 

Notice is hereby given that Ordinance No. 2010-       as entitled above has been finally adopted on final reading by the governing body of Borough of Helmetta after a public hearing, at a meeting held on                                 , 2010. Said Ordinance shall take effect in accordance with law.

 

ATTEST:         ________________________________________________

                        SANDRA BOHINSKI, MUNICIPAL CLERK

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WHEREAS, N.J.S.A, 40:48-2.12a authorizes the governing body of any municipality to make, amend, repeal and enforce ordinances to regulate buildings and structures and their use and occupation, to prevent and abate conditions therein harmful to the health and safety of the occupants of said buildings and structures and the general public in the municipality; and

 

WHEREAS, the Mayor and Council have determined that it is necessary to amend the Borough’s current landlord registration ordinance in order to provide for registration of every rental unit in the Borough; and

 

WHEREAS, the Mayor and Council believe it is in the public interest to require that all rental units (with the exception of owner-occupied properties) be registered with the Borough in order to provide for better regulations and to ensure the safety of all tenants and the quality of life for all residents in the Borough of Helmetta.

 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Borough Council of the Borough of Helmetta that Chapter 24 of the General Code of the Borough of Helmetta is hereby amended as follows (additions underscored, deletions struckthrough):

 

Section 1.

 

CHAPTER 24 LANDLORD REGISTRATION

 

SECTION 24 — 1 DEFINITIONS.

 

“Apartment” shall mean and include that portion of a dwelling unit rented or offered for rent, for living and dwelling purposes, to one individual or family unit together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.

 

"Available for Rent to Tenant" shall mean fit for habitation as defined by the Statutes of the State of New Jersey, codes and Ordinances of the Borough of Helmetta.

 

"Dwelling" shall mean and include that portion of a building or structure rented or offered for rent to one or more tenants or family units.

 

Dwelling Unit" shall mean and include that portion of a building or structure rented or offered for rent to one or more tenants or family units.

 

"Maintenance" or "Property Maintenance" shall mean the cleanliness and proper working order and upkeep of all areas and facilities of the complex used by the tenants and the public.

 

 

"Occupants of Rental Units" or "Tenants" shall mean those persons who have leased the unit from the owner regardless of the type of tenancy under which they occupy the unit.

 

"Owner" shall mean any person who owns any legally cognizable interest in any apartment complex including but not limited to outright ownership, ownership through a partnership, corporation or limited liability corporation.

 

“Related Persons” shall mean any grandparent/grandchild, parent/child, or sibling relationship. 

 

"Rental Property" shall mean any structure or building which contains one or more individual residential rental units other than owner occupied structures or buildings.

 

"Individual condominium units" shall be treated as separate and individual rental properties.

 

"Rental Unit" shall mean and include that portion of a dwelling, building or structure rented or offered for rent, for living and dwelling purposes to individuals or family units.

 

"Reside" shall mean to live or dwell permanently or continuously for ten or more days; to occupy a place as one's domicile.

 

"Owner Occupied" shall mean the primary residential dwelling unit of the owner.

 

SECTION 24 — 2 LICENSE REQUIRED. No person, corporation or business entity shall offer any residential property for rent, lease or let any residential property to any person or persons without first obtaining a license. This Chapter shall not apply to owner-occupied properties wherein the person or persons renting shall be related to the owner of the property.

 

SECTION 24 — 3 RENTAL UNIT REGISTRATION APPLICATION. The applicant shall provide the information required on the Rental Unit Registration Application form, available from the Borough Clerk.

 

A.        The owner of every rental unit, with the exception of two-family owner-occupied properties in the Borough of Helmetta shall file a Rental Unit Registration Statement with the Borough Clerk, the form of which is on file with the Borough Clerk. The Borough Clerk shall provide a copy of the Statement to the Police Chief, the Construction Official, the Code Enforcement Official, the Fire Chief and the local school board. When providing the copy of the Statement to any other person or entity requesting it, the providing party shall redact the names and addresses, age and gender of the tenants.

 

B.         The Rental Unit Registration Statement shall be filed on an annual basis on or before January 1 of each year.

            (1). Owners of rental property that have registered prior to the enactment of this ordinance shall not be effected until January 1, 2010, upon which time these owners must register in accordance with this Chapter.

            (2)    If the Rental Unit Registration Statement is not filed on or before the due date, there shall be a fifty dollar ($50.00) late fee plus twenty dollars ($20.00) per month for each month, or portion thereof, that the Statement is filed after July 31^st of the year in which it is due.  

 

C.        The Rental Unit Registration Statement shall include:

 

(l). The name and address of all record owners of the rental unit, building or of the rental business, including all general partners in the case of a partnership and all members in the case of a Limited Liability Company and all shareholders in the case of a private Corporation.

 

(2)        The name and address of a person who resides in Middlesex County and is authorized to accept notices from a tenant or the Borough, to issue receipts for these notices and to accept service of process on behalf of the record owner.

 

(3)        The name and address of the managing agent and, if applicable, the name, address and telephone number of the superintendent, janitor custodian or other person employed to provide regular maintenance services, and the name, address and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the dwelling or any dwelling unit, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building or unit, including the making of repairs.

 

(4)        The number of tenants occupying each unit. The information contained in the Statement must set forth information for each unit and must include all tenants in each unit.

 

(5)        The name and address of all holders of recorded mortgages on the property.

 

(6)        The name and address of the fuel oil dealer servicing the unit and the grade of oil used if fuel oil used to heat the unit and the landlord furnishes heat.

 

(7)        The owner shall provide a floor plan of each unit depicting the number, dimensions and location of each room in the unit. No space shall be used for sleeping purposes which has not been so designated as a sleeping area on the sketch provided by the owner and approved by the Construction and Code Enforcement Officials, which shall be on file with the Construction Official.

 

(8)        Such other information as may be required by the Borough.

 

D.        In the event the tenancy changes during the year, the landlord, owner or managing agent shall, within thirty (30) days of the change in tenancy, provide an updated Rental Unit Registration Statement for every unit in which a change in tenant has occurred. This shall be in addition to the requirements for obtaining a Certificate of Occupancy for the change of tenancy. A change shall mean the addition or deletion in the number of persons included in the annual statement.

 

 

 

SECTION 24 – 4   LICENSE FEE.

 

A.        The annual license fee shall be $100.00, which includes an inspection and one subsequent re-inspection (to be completed within 30 days of a failed initial inspection).

 

B.         In the event the rental unit is in a multiple dwelling requiring an annual renewal of the certificate of occupancy, the cost for the annual certificate of occupancy shall be included in this license fee unless the annual certificate of occupancy fee would be greater than the license fee in which case the greater fee shall be charged. This shall not apply to any certificate of occupancy required by change of tenant or owner, for which the normal fee shall be charged.

 

C.        In the event ownership of the unit is transferred during the license year, the new owner shall apply for a license within ten (10) days of the transfer and the fee shall be prorated accordingly.

 

D.        At the option of the Landlord, the annual fee may be paid in quarterly increments, due on the first day of each quarter beginning January 1st. If payment is not made by the 10th day of the month in which the quarterly installment is due, interest shall accrue at the rate of ten percent (10%) per annum on the unpaid balance.

 

SECTION 24 — 5. REVOCATION OF LICENSE.

 

A.        In the event convictions for violations of this or any other Borough ordinance, statute or regulation concerning rental units in the Borough of Helmetta are received by a licensee of a rental unit, the Mayor and Council may, upon notice to the licensee, schedule a hearing to revoke the license.

 

B.         A license shall be revoked only after a hearing before the Governing Body on notice to the licensee. Notice, setting forth the grounds for revocation of the license, shall be served on the licensee, by certified mail, return receipt requested, not less than fifteen (15) days prior to the date of the hearing before the Mayor and Council. At the hearing, the Borough attorney shall represent the Borough and the licensee shall be entitled to be represented by counsel. A majority vote of the members of the Governing Body present, with the Mayor voting only in the case of a tie, shall be sufficient to result in the revocation of the license. Appeal of a revocation of a rental license shall be made within thirty (30) days of the decision, to the Superior Court of New Jersey.

 

 

 

SECTION 24 — 6 EXCEPTIONS. The provisions of this Chapter shall not apply to Public Housing Authorities, Not-for-Profit Housing Corporations and rental property units restricted to senior housing or housing for the developmentally disabled.

 

SECTION 24 — 7 INSPECTIONS.

 

A.        All rental units shall be inspected by the Borough's Code Enforcement Officer and Fire Prevention Official upon every new registration period to determine if the rental property, unit or complex complies with all laws including, but not limited to Property Maintenance Code, Uniform Construction Code, Health Code, Housing Code and Fire Code.

 

B.         In the event the inspection of a rental unit results in an unsatisfactory inspection, the owner or agent shall cause all necessary repairs or corrections to be made within the time prescribed by the applicable official or code, and if not made within that time period, the owner shall be deemed in violation of this Chapter and every day that the violation continues shall constitute a separate and distinct violation subject to the penalty provisions herein

 

C.        All rental units subject to this Chapter shall be subject to inspections to determine their condition in order to safeguard the health, safety and welfare of the occupants of such rental units and of the general public and to determine compliance with this Chapter. The owner, operator, agent and occupant shall make the units available for such inspections and are required to provide the necessary arrangements to facilitate such inspections. Inspections shall be made with the consent of the occupant, who is of legal age to grant such consent, or, absent consent, with an administrative search warrant, unless there is a reason to believe that a violation exists which poses an immediate threat to health or safety, requiring inspection and abatement without delay. Reasonable attempts shall be made to obtain the consent of the occupant.

 

D.        In the event of a refusal of entry for inspection, the inspecting officer may, upon affidavit, apply to the Judge of the Municipal Court for a search warrant setting forth the reasonable basis for believing that a nuisance or violation of this Chapter exists.

 

SECTION 24 — 8 OCCUPANCY.

 

A.        No person shall occupy any rental unit, nor shall the owner permit occupancy of any rental unit unless the unit is registered in accordance with this Chapter.

 

B.         The owner shall post the maximum number of occupants, as determined in accordance with Section 404 of the 1998 International Property Maintenance Code, in a conspicuous area within the rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to allow a greater number of persons than the posted maximum number of occupants to reside in the rental unit.

 

C.        Only those persons whose names are on file as required in this Chapter may reside in the registered premises. It shall be unlawful and a violation of this Chapter for any other person to reside in the premises. This provision may be enforced against the landlord and tenant or other person residing in the premises.

 

D.        No rental unit shall be conducted or maintained in a manner to constitute a nuisance.

 

E.         In every written lease for each rental unit, the Landlord shall include the following:

 

(1)        A statement setting forth the maximum number of residents permitted in the unit and the location of designated and permitted sleeping areas.

 

(2)        A provision that the tenant agrees to reasonable inspections of the demised premises by Borough officials upon reasonable notice to tenant Notice shall be given to Landlord at same time as notice to tenant.

 

SECTION 24 — 9 VIOLATIONS AND PENALTIES. Failure to comply with the provisions of this Chapter shall result in the imposition of a fine in an amount up to $2,000.00. In addition to the fine set forth above, the Court may impose imprisonment for a term not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days, or both. It shall be deemed a separate and distinct violation, subject to the penalty provisions of this Chapter, for each and every day that such violation continues and for each and every rental unit for which the violation continues.

 

BE IT FURTHER ORDAINED, if any part or parts of this Ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this ordinance.

 

BE IT FURTHER ORDAINED, that this Ordinance shall become effective immediately upon final passage and publication in accordance with the law.

 

                        BOROUGH OF HELMETTA COUNCIL

 

 

 

 

 

WHEREAS, the Borough of Helmetta (“Borough”) previously adopted an ordinance governing the Sunday operation of bingos and raffles within the Borough; and 

WHEREAS, this chapter was inadvertently omitted from the last edit of the Borough Code; and

WHEREAS, the Mayor and the Borough Council of Helmetta have determined that it is necessary to now establish a chapter within the Borough Code entitled “Bingo and Raffles on Sundays”.

 

NOW, THEREFORE, BE IT ORDAINED by Borough Council of the Borough of Helmetta that the Code be and hereby is amended to add the following new Chapter:

 

            §25-1. SUNDAY OPERATION LAWFUL.

 

Pursuant to the conditions of N.J.S.A. 5:8-31 of the Bingo Licensing Law and N.J.S.A. 5:8-58 of the Raffles Licensing Law, it shall hereafter be lawful to engage in the abovementioned games on Sundays.

 

§ 25-2. APPLICABILITY OF REGULATIONS.

 

All rules and regulations for the conduct of bingo and raffles adopted by the Legalized Games of Chance Commission for weekdays shall also apply to Sunday games.

 

 

BE IT FURTHER ORDAINED, if any part or parts of this Ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this ordinance.

 

BE IT FURTHER ORDAINED, that this Ordinance shall become effective immediately upon final passage and publication in accordance with the law.

 

                                                            BOROUGH OF HELMETTA COUNCIL

 

 

 

 

 

 

 

 

BOROUGH OF HELMETTA

NOTICE OF PUBLIC HEARING

 

The foregoing Ordinance was introduced and passed on first reading by the governing body of the Borough of Helmetta at a meeting held on                   , 2010 and will be considered for final passage after a public hearing at a meeting of the said governing body to be held on                    , 2010 at the Borough of Helmetta Municipal Building, 60 Main Street, Helmetta, New Jersey, at 7:30 p.m. prevailing time, at which time any interested member of the public may comment on said Ordinance. During the week prior to and up to and including the date of such meeting or further consideration, copies of said Ordinance in its entirety may be obtained from the Municipal Clerk.

 

 

ATTEST:         _______________________________________________

                        SANDRA BOHINSKI, MUNICIPAL CLERK

 

 

 

BOROUGH OF HELMETTA

NOTICE OF FINAL PASSAGE

 

Notice is hereby given that Ordinance No. 2010-       as entitled above has been finally adopted on final reading by the governing body of Borough of Helmetta after a public hearing, at a meeting held on                                 , 2010. Said Ordinance shall take effect in accordance with law.

 

ATTEST:         ________________________________________________

                        SANDRA BOHINSKI, MUNICIPAL CLERK

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF HELMETTA

NOTICE OF PUBLIC HEARING

 

The foregoing Ordinance was introduced and passed on first reading by the governing body of the Borough of Helmetta at a meeting held on                   , 2009 and will be considered for final passage after a public hearing at a meeting of the said governing body to be held on                    , 2009 at the Borough of Helmetta Municipal Building, 60 Main Street, Helmetta, New Jersey, at 7:30 p.m. prevailing time, at which time any interested member of the public may comment on said Ordinance. During the week prior to and up to and including the date of such meeting or further consideration, copies of said Ordinance in its entirety may be obtained from the Municipal Clerk.

 

 

ATTEST:         _______________________________________________

                        SANDRA BOHINSKI, MUNICIPAL CLERK

 

 

 

BOROUGH OF HELMETTA

NOTICE OF FINAL PASSAGE

 

Notice is hereby given that Ordinance No. 2009-       as entitled above has been finally adopted on final reading by the governing body of Borough of Helmetta after a public hearing, at a meeting held on                                 , 2009. Said Ordinance shall take effect in accordance with law.

 

ATTEST:         ________________________________________________

                        SANDRA BOHINSKI, MUNICIPAL CLERK