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MINUTES – MENDHAM TOWNSHIP COMMITTEE

Morris County , New Jersey

January 9, 2006

Mayor Krieg called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey

ROLL CALL Present: Mayor Krieg, Mr. Pierson, Mr. Phelan,

Mr. Schrier, Ms. Florek

Absent:

Also Present: Christopher Falcon, Esq., Township Attorney

Stephen Mountain , Township Administrator

Penny Newell, Township Clerk

SALUTE TO THE FLAG

Mayor Krieg read the following statement:

STATEMENT OF ADEQUATE NOTICE: “Adequate notice of this meeting of the Township Committee of the Township of Mendham was given as required by the Open Public Meetings Act as follows: Notice was given to the Observer Tribune and the Daily Record on December 26, 2005; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on December 26, 2005.”

OLD BUSINESS

Mr. Phelan reported a successful meeting of the subcommittee for the new firehouse and it was determined that a formal report will be presented to the Township Committee at the next meeting.

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public.

Susan Salisbury, Hamilton Drive : said she is in favor or an ordinance requiring residents to remove trash containers from curbside within a timeframe following trash collection.

Debbie Faiello, 2 Hamilton Drive : said she is also supportive of such an ordinance and feels it would be good for the entire Township to not have to see trash containers for days.

George McKinnell, 28 W. Main Street : would like to go on record that the majority of the members of the fire department are in favor of a bay to house the antique truck and he also said that there may be problems with not doing that at the same time as the firehouse construction. He also asked if there was any update on the FEMA grant. Mr. Mountain replied that he has not been able to confirm the grant status with FEMA as of this date. Ms. Florek responded to Mr. McKinnell, noting that her company does a lot of public bidding and she feels it is a good idea to include options in the bid documents. Mr. Schrier also responded to Mr. McKinnell saying that the subcommittee concluded that the plans for the firehouse should move forward.

Nick Monahan, 20 W. Main Street: said his property adjoins Patriot’s Path and last year a tree fell over and crushed a trampoline in his backyard; this year another limb fell and the DPW did a great job cleaning up, however, he suggested that someone should take a look at the trees along the Path in order to prevent future potential injuries from falling trees. Mr. Mountain will follow up.

George McKinnell, 28 W. Main Street : noted that two months ago he reported a tree leaning across Patriot’s Path behind his house and it is still there.

Ernie Maw, Buddy Lane : said that Patriot’s Path from Township Hall to Cold Hill Road is Township property.

George Koenig, Ironia Road : reported on initiatives regarding the state agricultural development committee and that the Morris County Agriculture Development Board did pass a policy that address equine regulations. It is his concern that not just equine, but any other animals should be included in regulations to limit the number per acre. Mayor Krieg responded that the Township Committee has passed a resolution supportive of the County plan and that resolution was passed on to the State.

No others present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

NEW BUSINESS

1. Ordinance 1-2006 – First Reading

ordinance to regulate the prompt removal of solid waste and solid waste containers from curbside following the date for scheduled collection and disposal thereof and supplementing chapter xxxi of the mendham township ordinance code entitled “solid waste management”

Ms. Florek said she is supportive of the ordinance with the exception of the section regarding the brush collection. Mr. Phelan added that it is difficult to determine the timeframe for the brush collection. Following some discussion, the Committee agreed to eliminate the reference to brush collection from the ordinance.

Mr. Pierson made a motion to adopt Ordinance 1-2006, as amended; Mr. Schrier seconded the motion. The second reading and public hearing will be scheduled for January 24, 2006 .

ROLL CALL – All present voted YES.

A copy of Ordinance 1-2006 is attached hereto and made a part hereof.

2. Ordinance 2-2006 – First Reading

ORDINANCE SUPPLEMENTING THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM WITH A NEW CHAPTER XXV ENTITLED “HISTORIC PRESERVATION”

The Committee considered not introducing the ordinance at this time because of some changes that were made since the last discussion. Mr. Falcon said the changes were very limited to clarification of enforcement actions and the addition of Schedule D, which is a checklist for the application.

Mr. Schrier then made a motion to adopt on first reading. Mr. Phelan said they should act on tabling the ordinance first, making such a motion.

ROLL CALL to table ordinance: Ms. Florek and Mr. Phelan voted YES. Mr. Schrier, Mr. Pierson and Mayor Krieg voted NO.

Mr. Pierson then seconded Mr. Schrier’s motion to adopt upon first reading.

*Mr. Pierson left to answer a fire call at this point; the Committee agreed to delay the roll call until his return*

3. Resolution R2006-14

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPPOINTING FIRE SUBCODE OFFICIAL/FIRE INSPECTOR

WHEREAS, Robert Westenberger has been serving as the Township Fire Subcode Official and Fire Official since October 11, 2005 ; and

WHEREAS, the Township Administrator has recommended that Robert Westenberger be permanently appointed to the positions of Fire Official and Fire Subcode Official effective January 1, 2006 .

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that Robert Westenberger be appointed Fire Official and Fire Subcode Official and will be compensated as follows for 2006:

1. Fire Official Salary $6,500

2. Fire Subcode Salary $12,000

3. As Fire Official – the sum of $35 for each certificate issued in compliance with the requirements of N.J.S.A. 52:27D-198.1 respecting smoke-sensitive alarm devices in structures to be sold or leased and the sum of $20.00 for each reinspection.

4. Reimbursement for use of personal motor vehicle at the currently approved rate per mile (48.5)

Ms. Florek made a motion to adopt R2006-14; Mr. Schrier seconded the motion.

ROLL CALL – All present voted YES.

4. Resolution R2006-15

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING TEMPORARY EMPLOYEE IN THE OFFICE OF THE BOROUGH AND TOWNSHIP OF MENDHAM MUNICIPAL COURT

WHEREAS, Resolution R2005-125, adopted on October 26, 2004, appointed Ingrid O’Connor, fill in on a temporary basis for 15 hours per week in the Office of the Municipal Court; and

WHEREAS, Ingrid O’Connor continues to provide Deputy Court Clerk services to the Office of the Municipal Court.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that Ingrid O’Connor be compensated at an hourly rate of $18.50, effective January 1, 2006 .

Ms. Florek made a motion to adopt R2006-15; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

5. Resolution R2006-16

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

WHEREAS, it is deemed appropriate that the Township Committee discuss the matters hereafter mentioned without the presence of the public in accordance with the provisions of R.S. 10:412b, being section 7b of the Open Public Meetings Act.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

Matters relating to:

[x] personnel [ ] contract negotiations

[ ] acquisition of property [x] litigation

[ ] attorney/client privilege

shall be discussed by the Township Committee without the presence of the public. It is anticipated that these matters can be disclosed to the public when further action is taken in connection with the discussion.

Mr. Schrier made a motion to adopt R2006-16; Ms. Florek seconded the motion.

ROLL CALL – All present voted YES.

6. Resolution R2006-17

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING THE SUBMITTAL OF APPLICATION TO THE RURAL UTILITIES SERVICE AND WASTE DISPOSAL PROGRAM OF THE USDA

WHEREAS, the Township of Mendham intends to file an application for Federal Assistance to the Rural Utilities Service and Waste Disposal Program which is administered by the Unites States Department of Agriculture; and

WHEREAS, the loan is for funding for the Mendham East Wastewater Treatment Facility Disposal System Improvements made between July 2002 and July 2005; and

WHEREAS, pursuant to Federal Assistance guidelines, notice will be given of a public hearing scheduled for January 24, 2006 .

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the Chief Financial Officer and the Township Administrator are hereby authorized to complete and submit the application to the Rural Utilities Service and Waste Disposal Program of the USDA; and

BE IT FURTHER RESOLVED that a Notice of Public Information Meeting will be published in the DAILY RECORD on January 12, 2006 for the Public Information Meeting scheduled for January 24, 2006 .

Mr. Schrier made a motion to adopt R2006-17; Mr. Phelan seconded the motion.

ROLL CALL – All present voted YES.

ADMINISTRATOR REPORT

1. Mr. Mountain asked the Committee to respond to his proposed budget meeting schedule.

2. Mr. Mountain noted that there would be a presentation to the Committee on January 24, 2006 regarding the emergency services building. He also noted that the police headquarters site plan would be before the Planning Board in February or March.

3. Mr. Mountain said he has spoken with Tom Zellman regarding the possibility of the County handling dispatch services for the Township and is waiting for a meeting date. He said Washington Township is not willing to participate at the levels proposed for dispatch service.

Mr. Schrier added that the County is now looking at 2007 for all towers to be available so it may not be too hopeful for the County to participate this year.

4. Mr. Mountain reported that the road overlay schedule would be downsized because of an increase in the cost of material.

Mayor Krieg said he received a phone call from a resident complaining about the Star Ledger distributing newspapers in driveways. He also noted new regulations allowing for municipalities to increase the maximum penalty for violations of local ordinances. He suggested discussion of this at the next meeting.

The Committee, earlier in the meeting, decided to wait for Mr. Pierson’s return before voting on the introduction of the HPAC ordinance. Mr. Pierson returned at this point in the meeting. Mr. Phelan said he was not in agreement with that decision.

Previously Mr. Schrier had made a motion to adopt Ordinance 2-2006 upon first reading and Mr. Pierson had seconded the motion.

Ms. Florek asked about section 24B-8(b) that addresses alterations that go to the Board of Adjustment. She also noted that 24B-8.1(d) (ii) would permit a demo permit one year prior to putting a house on the market and then a new owner could demo the house upon acquisition. Mr. Pierson said they should look at that in the future. Mayor Krieg said that the HPAC could search for a buyer once they know a homeowner has applied for a demo permit. Mr. Phelan said it is important to not prevent a review by the HPAC. He suggested that the intent of the ordinance may have loopholes and they may be trying to create legislation to accomplish something that may not be accomplishable. Mr. Schrier said it is important to enact a law that expresses the intention of this municipality, which is to preserve historic homes. Ms. Florek said a one-year delay may not deter a developer and asked about imposing a delay on alterations. Mr. Pierson said he would like to see something to prevent the loss of historic homes and he would support, with some reservations, the one-year delay for demolition. He encouraged the Committee to support the ordinance as written. Mr. Phelan asked if the regulations pertain to every property on Schedule A. He asked if a homeowner has the right to not be on the list. Mr. Falcon said anyone is entitled to challenge any action. Mr. Phelan asked if someone can have their house entered onto a historic register and does the HPAC currently know of any homes not on the list that by definition should be.

ROLL CALL for adoption upon first reading: Mr. Pierson, Mr. Schrier and Mayor Krieg voted YES. Mr. Phelan and Ms. Florek voted NO.

A copy of Ordinance 2-2006 is attached hereto and made a part hereof.

Presentation by Construction Technology Corporation: Anthony Bastardi, CEO. Mr. Bastardi gave a slide presentation of various projects his corporation has undertaken and reviewed the benefits of the Township contracting for management services in connection with both the firehouse and police headquarters construction projects.

OPEN ITEMS LIST

The Open Items List was reviewed and updated.

CORRESPONDENCE

1. NJLM Mayors Fax Advisory (5)

2. Highlands Water Protection and Planning Council/Grant Summary

3. Patriot Media/accomplishments in 2005

4. Senator Bucco/response to R2005-143

5. NJ-American Water Company/new headquarters location

6. Morris County Green Table/1/17/06 program

LEGISLATIVE REPORT

APPROVAL OF BILL LIST

The Township Committee approved the charges listed by department which list is attached hereto and made a part hereof.

HEARING PERSONS PRESENT

Upon motion duly made and seconded the meeting was opened to the public.

Ernie Maw, Buddy Lane : said he appreciates being appointed as one of the Township’s historians. He also noted that he has sent several letters to the Committee expressing his feelings about the historic preservation ordinance and he remains in disagreement with the ordinance. He said so many things of historic nature have been lost by rules in place.

Nick Monahan, 20 W. Main Street : said he has issues with the historic ordinance because his house is on the list and he sees no reason for it to be on the list. He asked if he could request removal from the list. He said why create another law that requires a homeowner to take action, why not make it voluntary. Mr. Schrier said there is a concern that this ordinance takes away property rights. Mr. Monahan said it would be nonsensical to pass something that doesn’t work.

Sam Tolley, 15 Woodland Road : said the key concern is change and focusing on a few old homes. He said that the list includes houses, foundations, outcroppings, etc. that have nothing to do with history – only has to do with being old. He said the list is inaccurate and suggested that cable channel 25 be used to publicize the ordinance prior to its adoption because he feels that the residents have not been given enough information about the issue.. On another issue, Mr. Tolley suggested calling on non-republicans in the Township to help navigate the state government and the FEMA grant issue. He said he doubts that Mendham Township will get any FEMA money because it is a republican town.

Mr. Schrier said he is offended by the remark inferring that the Township is not interested in telling people about their rights. Mr. Tolley said that if they knew about the issue they would be here this evening.

No others present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

Upon motion duly made and seconded the Committee went into closed session at 10:51 p.m.

Personnel matters were discussed. An item of litigation was reviewed and issues regarding the firehouse project were also discussed.

Upon motion duly made and seconded the Committee returned to open session at 11:20 p.m. With no further business to come before the Committee, upon motion duly made and seconded the meeting adjourned at 11:20 p.m

Respectfully submitted:

________________________

Penny Newell, Township Clerk

Attachments:

Approved Bill List

Ordinance 1-2006

Ordinance 2-2006

ORDINANCE 1-2006

ORDINANCE TO REGULATE THE PROMPT REMOVAL OF SOLID WASTE AND SOLID WASTE CONTAINERS FROM CURBSIDE FOLLOWING THE DATE FOR SCHEDULED COLLECTION AND DISPOSAL THEREOF AND SUPPLEMENTING CHAPTER XXXI OF THE MENDHAM TOWNSHIP ORDINANCE CODE ENTITLED “SOLID WASTE MANAGEMENT”

BE IT ORDAINED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

Section 1. Chapter XXXI entitled “Solid Waste Management” of the Revised General Ordinances of the Township of Mendham , 1998, as amended and supplemented is further amended by the addition thereto at the end of the existing sections of a new section to read as follows:

31-4 Removal of Solid Waste and Solid Waste Containers

31-4.1 Definitions. As used in the section:

Solid Waste shall have the meaning ascribed to it in Section 31-1.1

“Definitions” and is intended to include Garbage, Recyclable Materials, Bulky Trash, Yard Waste and all varieties of various wastes lawfully placed at Curbside for collection and disposal.

31-4.2 It shall be unlawful for any resident, owner or tenant of a property within the Township to leave at Curbside any Solid Waste or Solid Waste container for longer than 48 hours following the date of scheduled removal thereof by the applicable person or entity authorized to collect and dispose of the same except that in the case of brush collection it shall be unlawful to leave brush at Curbside for one week beyond the period scheduled for the pick up of brush by the applicable person authorized to collect and dispose of the same.

31-4.3 Violations and Penalties. Any person who violated or neglects to comply with any of the provisions of this section shall, upon conviction, be punishable by a fine not exceeding five hundred ($500.00) dollars.

b. To encourage alteration and construction that will be in keeping with the historic character of the Township.

c. To maintain and preserve an appropriate and harmonious setting for historic buildings and districts within the Township.

d. To discourage demolition of historic buildings within the Township.

e. To increase the public’s awareness of the Township’s historic character by defining and describing historic districts and buildings, by preserving historic documents, photographs, artifacts and other objects, by collecting oral histories, and communicating through educational programs, special events and publications.

24B-2 DEFINITIONS

In addition to the definitions set fotth in Chapter XII, the following definitions shall apply to this Chapter XXIVB:

Alteration

Any work that changes the appearance of any exterior façade of a historic building.

Contributing:

Any building, structure, site or object that is identified as an historic component of a Historic district.

Demolition:

Demolition is the razing, dismantling or destruction, in whole or in substantial part, of a designated historic building. Demolition also includes the removal of a designated historic building from its present location or its repositioning on its present site.

Historic Building:

Any building or structure listed in Schedule A of this Chapter.

Ordinary Repairs and Maintenance

Repairs and maintenance to repair or prevent deterioration, wear or damage to a building in order to return the building as nearly as practicable to the condition and appearance existing prior to the occurrence of the deterioration, wear or damage.

24B-3 HISTORIC PRESERVATION ADVISORY COMMISSION (HPAC)

24B-3.1 The Historic Preservation Advisory Commission is hereby established. The Township Committee shall appoint its membership which shall be comprised of nine members plus two alternates whose composition and terms of service shall comply with N.J.S.A. 40:55D-107.

24B-3.2 The Mendham Township Committee shall designate from its members a

non-voting liaison between the HPAC and the Township Committee.

24B-3.3 The HPAC shall elect annually a Chairman, a Vice Chairman and a Secretary, each of whom must be drawn from the HPAC’s C membership

24B-3.4 The HPAC shall adopt internal rules and procedures for the conduct of its business subject to the following:

a. A quorum for the conduct of business shall be a majority of HPAC members.

b. Decisions of the HPAC shall be determined by a majority vote of the members constituting the quorum.

c. All HPAC minutes and records are public records subject to the provisions of N.J.S.A. 47:1A-1, et seq. All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6, et. Seq.).

d. HPAC meetings shall be scheduled at least once every month, or as often as required to fulfill its obligations as advisors to the Planning Board, Board of Adjustment and construction/demolition permit applications.

e. No HPAC member shall act on any matter in which he or she has any personal, professional or financial interest.

24B-4 DESIGNATION OF HISTORIC BUILDINGS AND DISTRICTS

24B-4.1 Historic districts and buildings within the Township listed on the Inventory of Historic Houses, Buildings and Schoolhouses, attached as Schedule A “Inventory of Historic Houses, Buildings and Schoolhouses” to this Chapter and made a part hereof. Historic districts are indicated in the map of Historic Districts included in the Mendham Township Master Plan.

istoricHistoH

24B-4.2 The HPAC shall periodically recommend additions, deletions or both to the Inventory of Historic Houses, Buildings and Schoolhouses. Such additions shall comply with the U.S. Secretary of the Interior’s definition of historic buildings. For each proposed addition, the HPAC shall provide a description of the building, its location and an assessment of its historic significance.

24B-4.3 The HPAC shall forward its recommendations to the Planning Board for consideration as an addition to the Master Plan and also to the Township Committee for consideration as an addition or deletion to the Inventory of Historic Houses, Buildings and Schoolhouses.

24B-4.4 The final decision relating to the designation of a historic building shall be made by the Township Committee at a public meeting not less than 45 days after the date of issuance of notice to the owner of the building.

24B-5 ACTIONS REQUIRING REVIEW BY THE HPAC

24B-5.1 Advisory review by the HPAC is required for building permit applications pertaining to historic buildings. Advisory review is also required for commercial structures at sites located either in or adjacent to a registered historic district.

24B-5.2 HPAC review is required for all applications involving demolition pertaining to a historic building. Review of demolition applications will be handled pursuant to subsection 24B-8.1(b) or 24B-8.1(d).

24B-6 APPLYING FOR HPAC REVIEW

24B-6.1 A completed Application for HPAC review (attached as Schedule B to this Chapter and made a part hereof) shall be completed and submitted to the HPAC by the applicant.

24B-6.2 For alteration applications, the applicant shall also provide six copies of site plans and elevations, or sketches, of the proposed construction, including description, drawings or sketches of any portions of the structure to be removed or demolished.

24B-6.3 For demolition applications (See Section 24B-2 – Demolition)

a. The applicant shall allow HPAC members or designated representatives access to the building for purposes of photo documentation and a building-condition assessment.

b. The applicant shall notify, by certified mail, return receipt required, all landowners whose property line is within 200 feet of the proposed demolition site. Notification is to be mailed within ten (10) days following determination of a complete application and shall consist of a letter, the content of which is to be consistent in style and content with Schedule C.

24B-6.4 The application and related documents from the applicant shall be reviewed for completeness in accordance with the Checklist set forth in Schedule D. If the HPAC determines that the information supplied is insufficient, the application shall be returned to the applicant with a written report indicating the application’s deficiencies.

24B-7 EVALUATION CRITERIA

24B-7.1 For all alteration applications, the following criteria shall be considered:

a. The impact of the proposed change on the historic character of the building and district in which it is located.

b. The importance of the building to the Township and the extent to which its historic significance could be affected to the detriment of the public.

c. The extent to which the proposed action would affect the public’s view of a historic building.

d. Visual factors according to those standards promulgated by the U.S. Secretary of the Interior.

24B-7.2 For all demolition applications, the following criteria shall be considered:

a. The impact that relocation of demolition of the building will have on the historic character of the area.

b. The extent to which retention would encourage or contribute to the study of and interest in local, state or national history, would stimulate interest and study of architecture and design, or would educate citizens about local culture and heritage.

c. In the event of a proposed relocation of the historic building:

i. Whether there is a compelling reason for not removing the building from its present site.

ii. The extent of the historic loss to the present site and to the district in which it is presently located.

iii. The probability of significant damage to the building during the relocation process.

iv. The visual compatibility the building would have with the other buildings with which it will be visually related in the proposed new location.

24B-8 ACTIONS AND REPORTS

24B-8.1 Complete applications shall be considered in accordance with the procedures set forth in Section 24B-6 and this Section 24B-8 and the criteria set forth in Section 24B-7. The HPAC shall advise the applicant in writing of the time, date and place of the meeting at which the application is to be discussed. At the meeting the applicant shall be given an opportunity to present information, documentation or testimony to demonstrate his or her position.

a. For applications of favorable or insignificant impact, the HPAC shall provide a waiver of review.

b. For reviews of applications that are to be heard by the Planning Board or the Board of Adjustment, the HPAC will deliver its report in writing directly to the appropriate Board with copies to the applicant. The HPAC may also provide oral testimony at the appropriate Board meeting. The Planning Board or the Board of Adjustment may implement the demolition delay provisions set forth in subparagraph 24B-8.1 (d) (ii).

c. For reviews of alteration applications that will not be heard by either Board, the HPAC will deliver its report in writing directly to the applicant with copies to the Construction Code Official. The report is advisory only and does not require any specific action by the applicant.

d. For reviews of demolition applications that will not be heard by either Board, the HPAC will deliver its report in writing to the Construction Code Official with copies to the applicant. Reports will result in any of the following actions.

i. Approval or conditional approval for the Construction Code Official to proceed with processing the permit.

ii. Delay of the issuance of the permit for a period of one year form the date the HPAC receives a completed Application for HPAC Review during which time the applicant and the HPAC will solicit offers to preserve, rather than demolish, the historic building. The applicant shall meet the requirements of this Chapter by seeking and considering offers or alternatives that will preserve the property. The building’s owner shall allow the HPAC to place a readily legible and visible sign indicating that offers to preserve the building are invited. The sign shall remain in place until an offer for preservation is accepted or until the demolition delay has expires.

e. Failure of the HPAC to submit a report to the Planning Board, Board of Adjustment or Construction Code Official within forth-five (45) days of the HPAC’s having received a complete application will be interpreted as a favorable finding by the HPAC.

f. The HPAC shall file a quarterly report with the Township Committee on a continuing basis which shall identify actions taken by the HPAC in the preceding 90 days and the status of any pending applications.

24B-98.2 The applicant will be encouraged, but not required, to attend HPAC meetings at which the application is scheduled for discussion.

24B-9 VIOLATIONS AND PENALTIES

24B-9.1 Enforcement of all portions of this Chapter XXIVB involving development applications shall be enforceable pursuant to the provisions of Chapter I of the Revised General Ordinance of the Township of Mendham and in any court of competent jurisdiction of the State of New Jersey as applicable.

24B-9.2 Should any person, including the owner of the property, contractor and those acting at the request of, or by authority of the owner and/or contractor, undertake any activity which is in violation of this Chapter, the owner will be served by the Construction Code Official a notice describing the violation in detail and giving the owner ten (10) days to abate the violation and restore the building to the condition it was in prior to the violation occurring. If the owner cannot be personally served with the notice within the Township, a copy shall be posted on the site and a copy sent to the owner at his address as it appears on the Township’s tax rolls.

24B-9.3 In the event that the violation is not abated within ten (10) days of service or porting on the site, whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the Muncipal Court , charging violation of this Chapter and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this Chapter.

24B-9.4 No building permits shall be issued for a project subject to HPAC review until such time as the review comments have been issued or the passage of forty-0five (45) days from the time an application is determined to be complete, whichever occurs first.

24B-9.5 The Board of Adjustment shall hear appeals regarding the actions of the

HPAC.

24B-10 EXEMPTIONS

HPAC review is not required for the following actions:

Changes to the interior of a building or structure.

Ordinary repair and maintenance as defined by the New Jersey Uniform Construction Code.

Emergency work as defined by the New Jersey Uniform Construction Code.

Minor work as defined by the New Jersey Uniform Construction Code.

24B PERMIT PROCESS

No actions taken or approval granted under the provisions of this ordinance shall relieve an applicant of the need to obtain any other applicable development and/or construction approvals and permits otherwise required by law.

Section 2. This ordinance shall take effect after final passage and publication as required by law.