Council Minutes 20071009 (regular Session)

EWING TOWNSHIP COUNCIL 2 Jake Garzio Drive, Ewing, New Jersey 08628

REGULAR SESSION OCTOBER 9TH, 2007 - 7:00 P.M. President Summiel called the meeting to order at 7:05 pm and read the Open Public Meetings Statement. The notice requirements provided for in the “Open Public Meetings Act” have been satisfied. Notice of this meeting was properly given in a notice which was transmitted to the Times of Trenton and the Trentonian, filed with the Clerk of the Township of Ewing and posted in the Ewing Township Municipal Complex, all on the 4th day of January 2007. ROLL CALL ƒ ƒ ƒ ƒ ƒ

Mr. Cox – Present Mr. Murphy - Present Mr. Steinmann – Present Ms. Wollert - Present President Summiel – Present

David Thompson, Administrator John Barrett, CFO Mike Hartsough, Attorney Robert Mannix (CMX – formerly Schoor DePalma) Kim Macellaro, Deputy Clerk

Chief Robert Coulton gave quarterly update on the police department. He indicated that motor vehicle theft and arson are down from last year and that there were seven arrests made with regard to the drive by shooting on Theresa Street. Most of the individuals are still in jail. The Operation Cease Fire Program is holding presentations and is working closely with community groups. Councilmen Murphy and Steinmann asked Chief Coulton about various issues and the Chief responded. President Summiel thanked Chief Coulton for coming and welcomed the public to ask questions. The Chief responded to questions and comments by Kate Tuttle (8 Locke Court), Donald Roscoe Brown (1005 Scenic Drive) and Charles Green (979 Bear Tavern Road) STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA Charles Green wanted clarification on the application to the Local Finance Board on the agenda. CFO Barrett responded. Russ Staniec (13 Cory Drive) questioned the planned development ordinance, which President Summiel said he would discuss during the public hearing portion of the agenda. CONSENT AGENDA: The Clerk read the Consent Agenda: (Resolution #07R-151) 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $288,176.44. 2. Approval of minutes of the meeting of September 24th (Agenda) and September 25th (Regular). 3. A Resolution authorizing a cancellation in the amount of $1,010.95 for August 1st and November 1st tax quarters for property owner: Estate of Ellis Pierson for property known as Silvia Street, due to township now owning property.

4. A Resolution authorizing a performance guarantee release for APCO Petroleum (Block 445, Lot 34) as recommended by Township Engineers CMX (Project #05 01112 03 – 06). 5. A Resolution authorizing the conduct of a 50/50 raffle sponsored by the Prospect Heights Ladies Auxiliary on March 16th, 2008. 6. A Resolution approving Justin A. Rojo as a junior member of the Prospect Heights Volunteer Fire Department. 7. A Resolution approving Anthony David Bartolone as a member of the Prospect Heights Volunteer Fire Department. 8. A Resolution approving Keegan J. Slate as a junior member of the Prospect Heights Volunteer Fire Department. 9. A Resolution authorizing the Glendale Civic Association, Inc. to hold a (children’s Halloween) parade on October 31st, 2007. 10. A Resolution authorizing Mount Carmel Guild (State Registration Identification #494-4-32062; Ewing License #RL-1200) to conduct an armchair race to be held at Trenton Country Club, 201 Sullivan Way, West Trenton, NJ 08628 on October 12th, 2007 from 7:00 – 11:00 p.m. Mr. Steinmann moved the Consent Agenda, seconded by Mr. Murphy. ROLL CALL Mr. Cox Mr. Murphy Mr. Steinmann Ms. Wollert President Summiel

YES YES YES YES YES

ORDINANCE (S) FOR FIRST READING AND INTRODUCTION 1. (Ord. 07-24) The Clerk read AN ORDINANCE AMENDING THE EWING TOWNSHIP SALARY ORDINANCE ESTABLISHING LONGEVITY COMPENSATION OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF EWING FOR THE FISCAL YEAR 2007-2008 (2007) Ms. Wollert moved the ordinance, seconded by Mr. Murphy. ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION President Summiel said that Council should defer to #5, which was an ordinance added under the agenda session earlier. This ordinance already had a first reading a few months ago, but due to some changes Council should defeat the old ordinance and then re-introduce it for first reading tonight.

5. (Ord.07-16) AN ORDINANCE AMENDING THE EWING TOWNSHIP SALARY ORDINANCE ESTABLISHING LONGEVITY COMPENSATION OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF EWING FOR THE FISCAL YEAR 2007-2008 (2007) WHEREAS, the Township has entered into collective bargaining agreements establishing longevity pay for years of service to the Township; and WHEREAS, the Township Council recognizes the need for uniformity of benefits for all employees whether or not covered by a collective bargaining agreement; and WHEREAS, the Township Council desires to establish longevity pay for non-contractual Township employees; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that the Salary Ordinance establishing compensation of Officers and Employees of the Township of Ewing for the fiscal year 2007-2008 is hereby amended as follows: Section 1. In addition to the Salaries payable, all employees not covered by a collective bargaining agreement, except for elected officials, shall be paid longevity pay as follows: a. Upon the anniversary date of the completion of five (5) years of service, the annual sum of $1,325.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. b. Upon the anniversary date of the completion of ten (10) years of service, the annual sum of $1525.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. c. Upon the anniversary date of the completion of fifteen (15) years of service, the annual sum of $1,725.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. d. Upon the anniversary date of the completion of twenty (20) years of service, the annual sum of $1,925.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. e. Upon the anniversary date of the completion of twenty five (25) years of service, the annual sum of $2,325.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. Any employee who shall complete twenty four (24) years of service during fiscal year 2007-2008 shall be considered to have completed twenty five (25) years of service solely for purposes of qualifying for longevity pay referred to herein. f. Upon the anniversary date of the completion of thirty (30) years of service, the annual sum of $2,725.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. g. Upon the anniversary date of the completion of thirty five (35) years of service, the annual sum of $3,125.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals. h. Upon the anniversary date of the completion of forty (40) years of service, the annual sum of $3,525.00, adjusted for partial year of eligibility, payable in installments at regular payroll intervals.

Section 2. This Ordinance shall be retroactive to July 1, 2007 and shall take effect upon final passage and publication according to law.

STATEMENT This Ordinance amends the Salary Ordinance of the Township of Ewing for the purposes of establishing longevity pay for employees.

The public hearing was closed. Mr. Steinmann moved the ordinance, seconded by Mr. Murphy. ROLL CALL Mr. Cox Mr. Murphy Mr. Steinmann Ms. Wollert President Summiel

NO NO NO NO NO

The ordinance was defeated. 1. (Ord.07-19) The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING AMENDING CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, SECTION 29, TO MODIFY THE USES PERMITTED AND THE REQUIREMENTS FOR PLANNED DEVELOPMENTS. (2007) WHEREAS, Chapter 15, Land Development Ordinance, Chapter 29 regulates, in part, Planned Developments; and WHEREAS, it is the desire of the Township Council to expand the types of uses permitted in Planned Developments and to adopt regulations related to the expansion of uses for the betterment of the public; NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Ewing that Chapter 15, LAND DEVELOPMENT CODE, of the Code of the Township of Ewing, SECTION 29, REQUIREMENTS FOR PLANNED DEVELOPMENTS is hereby amended as follows: Section 1. Chapter 15, LAND DEVELOPMENT CODE, Section 29, REQUIREMENTS FOR PLANNED DEVELOPMENTS is hereby amended to incorporate the additions and deletions highlighted by underlining and strikeovers as follows: 15-29 REQUIREMENTS FOR PLANNED DEVELOPMENTS. 15-29.1 Purpose. The Ewing Township Planning Board has determined that, while the Zone plan for the township is effective in providing for a variety of land uses and in separating conflicting land uses, it is in the best interests of the township to provide an alternative method to the development of larger sites which permits a greater variety and mix of land uses pursuant to a coordinated plan. Such planned developments may consist of several different types of uses, open space, an on-site circulation system for vehicles, bicyclists and pedestrians and facilities for community services, such as recreation, social activities and security to benefit the users of the planned development. Finally, planned developments are intended to enable creative design and development of larger sites without adversely impacting surrounding land uses, particularly existing residential neighborhoods. The requirements for planned developments provided in this section apply where planned developments are listed as permitted uses in the zoning district. To the extent that the following provisions differ from the requirements of the zoning district(s) otherwise applicable to the site or other requirements of the township’s land development ordinance, the provisions of this section shall govern.

15-29.2

Standards Applicable to all Planned Developments. The following

standards shall apply to all forms of planned developments as defined in this section:

a.

Use Restrictions. 1.

2.

b.

Permitted uses within a planned development shall be those uses listed as permitted uses in the zoning district and shall also include highway business hotel lodging facility as defined in Chapter 15-8, restaurants and banks. Accessory uses not specifically listed in these zones but which are supportive services and incidental to an office park are also permitted with approval of the planning board. Except as otherwise provided herein, planned industrial developments and/or planned commercial developments shall be permitted only if the land which is to be used for the planned development is located in the Industrial Park 1 (IP-1) Zone and/or an Office Park (OP-1 or OP-2) Zone. Planned commercial developments or planned industrial developments may include land which is residentially zoned, except such planned development shall be designed so that the residentially zoned land may be improved only as open space, landscaped buffer, storm water detention facilities, streets and recreation facilities dictate, a variable width planted buffer may be provided. The board may approve a buffer width less than the minimum prescribed in Table 1 provided that a commensurate buffer width greater than the minimum requirement is provided elsewhere on the site and that site cross-sections depicting a proposed landscape buffer design treatment between a planned development and abutting residentially zoned lands indicates that an effective landscape screen can be achieved. No buffer shall be less than ten (10’) feet unless the abutting use is permanently reserved open space.

Definitions. 1.

Restaurant: Any establishment, which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed. A restaurant may include carry-out services. A restaurant shall not include drive-through or window service.

2.

b. c.

Bank: Any bank, credit union or other financial institution in which business of a financial nature is transacted, with or without the inclusion of any drive-thru facilities.

Perimeter Buffers. Planted buffers shall be provided along the perimeter of any Planned Development in accordance with the minimum width parameters of Table 1 below. As set forth in Table 1, where a proposed use (vertical column) within a Planned Development is located near a tract boundary line that is common with an abutted use (horizontal row), the buffer width indicated in Table 1 shall be provided except as otherwise provided for herein. Where Interstate 95 serves as a zone district boundary, no buffering is required along such boundary. Where a tract boundary line is also a street line, the street buffer requirements in paragraph f g. herein shall apply. Roads, utility easement and stormwater management facilities may be located within a perimeter buffer, provided that in such cases where the buffer abuts residential zoned lands additional landscaping is provided to achieve effective screening and softening of the overall visual impact of the planned development viewed from an adjacent residential area. Where the abutting land use is vacant land, the buffer width shall be the greatest applied to a permitted use in the zoning district of the abutting property. Every required buffer may contain berms, deciduous and evergreen trees and shrubs, inclusive of ornamental trees and shrubs, as well as groundcovers or a combination of these features to achieve an effective landscape screen. Design of buffer areas to achieve an effective landscape screen shall follow the

guidelines and standards outlined in paragraph f g herein. The number, type and size of buffer plantings shall be shown on the site plan. To the extent that environmental constraints and physical or planned development design conditions dictate, a variable width planted buffer may be provided. The Board may approve a buffer width less than the minimum prescribed in Table 1 provided that a commensurate buffer width greater than the minimum requirement is provided elsewhere on the site and that site cross sections depicting a proposed landscape buffer design treatment between a planned development and abutting residentially zoned lands indicates that an effective landscape screen can be achieved. No buffer shall be less than ten (10’) feet unless the abutting use is permanently reserved open space.

Table 1 Minimum Buffer Requirements at Tract Perimeter of Planned Developments 1-Family Detached Residential

Quasi-Public/ Institutional

Office

Industrial Warehousing

1-Family Detached Residential

25 feet

25 feet

50 feet

100 feet

Office

100 feet

25 feet

10 feet

25 feet

Industrial/Warehousing

100 feet

50 feet

25 feet

10 feet

Quasi-Public/Institutional

25 feet

10 feet

25 feet

50 feet

Other

100 feet

50 feet

75 feet

10 feet

Restaurants

100 feet

50 feet

75 feet

10 feet

Banks

100 feet

50 feet

75 feet

10 feet

Child Care Facility

100 feet

50 feet

75 feet

10 feet

Hotels

100 feet

50 feet

75 feet

10 feet

Abutting Use Proposed Use

c. d

d. e

Intensity of Development. 1.

Unless otherwise provided herein, the overall intensity of development as a result of a planned development shall not exceed the building coverage or floor area ratio which would occur if the site were developed in accordance with the underlying zoning districts, or where two or more nonresidential districts occur, the combined total of those districts taken as a whole. Within a planned development only, floor area ratio shall mean the ratio of the gross leasable floor area to the area of the lot or tract.

2.

The maximum allowable floor area ratio may be increased to 0.25, subject to the discretion of the planning board, provided that the planning board shall find that the requirement of this section have been met.

32.

Planned commercial developments or planned industrial developments which include land which is residentially zoned may include such land for the purposes of application of the conditions and standards herein.

Height and Bulk Standards for Planned Developments. 1.

Subject to paragraph (b) below, buildings within planned developments may be freely disposed and arranged within a tract and shall conform to the standards for height, bulk and setbacks as set forth in Table 2.

2.

Clustering of buildings and the provision of structured parking are strongly encouraged to minimize the amount of site disturbance and stormwater runoff, preserved open space, provide more efficient distribution of infrastructure and encourage pedestrian circulation on the site.

3.

Building Height Exceptions With in Planned Developments.

(a)

In order to encourage distinctive architectural designs which integrate and effectively screen rooftop mechanical equipment, elevator penthouses, stair enclosure and similar features, screened mechanical equipment enclosures may either be ten (10’) feet from the perimeter walls of a building or integral with the front façade of the building if designed as an architectural extension of the façade containing similar building materials. Such rooftop screening structures may exceed the permitted building height by up to sixteen (16’) feet, provided that the screened-in areas do not exceed thirty (30%) percent of the roof area on which they are located.

(b)

An architectural feature not intended for human occupancy and designed as an identity structure for a planned development complex shall not exceed one hundred and twenty (120’) feet in height from the averaged finished grade level around the perimeter of the building, subject to the airport hazard regulations in the Ewing Land Development Ordinance and the approval of the applicable county agencies and the Federal Aviation Administration (FAA).

(c)

In a planned development which includes an R-1 Zone, four storied buildings shall not be permitted within an area located five hundred (500’) feet from an abutting R-1 Zone District boundary line.

Table 2 Standards for Height, Bulk and Setbacks for Planned Developments

Building Type

Height of Principal Building

Height of Accessory Buildings and Structures

Building Setback from Tract Perimeter²

Building Setback from Public Street

Minimum Separation Between Buildings

Maximum Tract Coverage

Maximum Tract Building Coverage

Maximum FAR

Minimum Tract Open Space Rating

Office, Hotel, Restaurant, Bank, Child Care Facility

3-story and 45 ft; 4-story and 60 ft. ¹

40 ft.

100 ft.

50 ft.

50 ft.

50%

25%

0.220.25

0.50

Industrial/ Warehousing

40 ft.

25 ft.

100 ft.

75 ft.

50 ft.

70%

35%

N/A

0.30

Quasi-Public/ Institutional

2-story and 50 ft.

25 ft.

50 ft.

50 ft.

20 ft.

50%

25%

N/A

N/A

40 ft.

40 ft.

Buffer Width in Table 1

50 ft.

50 ft.

70%

35%

N/A

0.30

Other

Note: ¹ 4-storied buildings shall not be permitted within a designated area adjacent to an R-1 Residential District as described in subsection 15-29.2d, 3(c).

Note: ² Where a public street is also the tract perimeter, the “Building Setback from Public Street” shall control.

e. f

Parking and Loading Requirements for Planned Developments. Parking shall be provided within planned developments in accordance with the following: 1.

Nonresidential uses. Parking for office uses located within planned industrial developments and planned commercial developments shall provide off-street parking at a ratio of four (4) parking spaces per one thousand (1,000) square feet of gross leasable floor space. Other permitted uses within a planned development shall provide off-tract parking in accordance with the parking requirements of subsection 1536.8 of this chapter. Parking shall be distributed to minimize the walking distance to building entrances. Parking decks and parking garages are encouraged. Parking lots shall be designed to minimize the opportunities to cut across parking aisles through the use of planting islands. Provisions for safe pedestrian circulation between buildings and between buildings and parking shall be included in the design for the planned development. The layout of parking areas shall be in accordance with subsections 1536.1 through 15-36.7 of this chapter, except that stall dimensions may be nine (9’) feet wide by eighteen (18’) feet deep and twenty-four (24’) foot aisles for perpendicular parking. The compact car provisions of subsection 15-36.3.b shall be applied to office and industrial uses only.

2.

f. g.

Off-street loading requirements. Loading spaces shall be provided for planned developments in accordance with subsection 15-36.10 of this chapter. Loading spaces may occupy a side or rear yard if such spaces are effectively screened to shield such spaces from public view to the extent practicable at the closest access street frontage.

Landscaping Requirements. 1.

Design of buffer areas. All required buffer areas that include existing wooded areas that are less than one hundred (100’) feet in width and containing a plant association dominated by deciduous trees of six (6”) inch caliper or greater shall be supplemented along the exterior edge within the required buffer area by landscape material that may include naturalized groupings of native shrubs, evergreen trees (Eastern Red Cedar, American Holly, indigenous conifers) or combinations of such plantings to the extent allowed by current environmental regulations. Buffer areas without existing wooded areas that abut existing residential uses shall be designed to form an effective landscape screen between nonresidential and residential uses.

2.

Parking area buffers. Landscaped buffers of not less than twenty five (25’) feet in width shall separate all off-street surface parking areas from the nearest street line of a public street. When such street separates the tract from a residential zone, the required buffer shall be fifty (50’) feet. Treatment of such buffers may contain berms, groupings of trees and shrubs and groundcovers or a combination of these features to achieve an effective screen adjacent to such parking areas. Street trees must be of indigenous species where required and shall be planted at a minimum size of three (3”) inch caliper and spaced at intervals of fifty (50’) feet or in an alternate spacing pattern depending on tree species and overall site design theme proposed for the planned development. Where berming is provided, it shall be designed with side slopes not to exceed three to one (3:1) and shall undulate and overlap where space allows.

3.

Interior roads. Interior roads within a planned development shall be landscaped with street trees pursuant to the requirements of subsection 15-73.19 of this chapter.

4.

Preserved open space. To the greatest extent possible, preserved open space should be designed into the planned development where the maximum preservation of significant natural features can be achieved

without the need for extensive replacement planting. Where new plantings are necessary, they should be shown on the landscape plan submitted with the preliminary major site plan submission. The landscape plan must be professionally prepared and incorporate a balanced mix of trees and shrubs appropriate to the use of the open space. Canopy species trees greater than six (6”) inch caliper at breast height, must be located on the site plan.

g.h.

Lighting Requirements for Planned Developments. Site lighting shall be provided for planned developments only to the extent that it is needed for the public safety and welfare. The number, spacing and height of pole mounted parking lot lighting shall be designed to concentrate lighting where it is needed and to minimize ambient night glow from the site. The standards contained in this chapter shall be used to determine appropriate illumination levels for each section of a planned development.

h.i

Utility Installations. All utilities for planned developments shall be installed underground at a depth and at such location as will minimize risk or interruption of services. All utilities shall be installed in accordance with the applicable ordinances, regulations and standards of any Federal, State, or local governmental agency, authority or utility unless otherwise authorized by the regulating entity.

i.j

Traffic and Economic Impacts. Applicants of all planned developments shall submit the following in addition to the Environmental Impact Analysis required in section 15-83.3 of this chapter.

j. k

1.

A thorough and detailed traffic engineering impact analysis to determine the adequacy of existing streets and intersections in the immediate vicinity of the planned development and the effect of the additional traffic on the environs and surrounding areas.

2.

A comprehensive fiscal impact analysis

Trash Collection and Recycling. All applications for approval of planned developments shall include a solid waste collection and recycling plan consistent with the requirements of section 15-64 of this chapter.

15-29.3 Additional Requirements for Planned Commercial and Industrial Developments. a.

Design Guidelines. 1.

Buildings shall be designed in accordance with an architectural theme, including signage, which is coordinated with site lighting, street furniture, landscaping, architectural project identity features, and other appurtenances in order to create a sense of place.

2.

Loading areas and docks should be designed into building corners or otherwise be located so as to be at least partially hidden from view.

3.

Each façade shall be finished with compatible materials and design treatments.

4.

Smaller support businesses and services should either be incorporated within the ground floor of office buildings or designed to front along connecting interior roads where short-term street parking is permitted in front of businesses without precluding necessary access by emergency vehicles.

5.

Buildings should be arranged to enable and encourage pedestrian movement between uses and buildings. The site plan should include a pedestrian and bicycle pathway plan, inclusive of paved crosswalks with appropriate signage.

6.

b.

Open space within office or industrial developments shall include sitting and outdoor eating areas. Provision for active and passive recreational facilities is encouraged.

Signage. Each application for development approval of a planned commercial development or planned industrial development shall include a comprehensive signage and graphics plan. The signage plan shall comply with the following requirements:

1.

Freestanding site identification signs. Freestanding signs shall be subject to the height and size limitations in Table 3. All freestanding signs shall be either of monument or skirted pylon design with individual external illumination or internally illuminated channelized letters and shall be designed to match the architectural theme of the buildings within the planned development. Sign size or area shall be calculated from the outermost dimensions of the support structure excluding architectural detailing, structural bases and supports, as illustrated in Figure 4. Height shall be measured from the averaged finish grade at the base of the sign to the top of the support sign structure.

2.

Freestanding off-lot hotel identification signs (i.e. a freestanding hotel identification sign within the planned development but not on the hotel lot itself). Freestanding off-lot hotel identification signs shall be subject to the same regulations as freestanding site signs and shall be subject to the height and size limitations for a Collector Street as stated in Table 3. The Township may approve a Ewing Township sign within the planned development which is not subject to the regulations of this subsection. The sign area of a township sign shall not be included in the total sign area allocated for the development.

3.

Development project signs. Development project signs located on a collector, arterial or state highway may follow the limitations of the state highway designation, per Table 3. Such development signs may consist of two separate paired signs along the same entry. The aggregate square feet of the paired signs, shall not surpass the limitations for those of a single sign. The paired signs should relate to each other architecturally, graphically and refer to the same project identity.

Table 3 Height and Size Limitations for Freestanding Project Identification Signs

Number Permitted

Maximum Height with adjacent or opposite residential

Maximum Size with adjacent or opposite residential

Maximum Height without adjacent or opposite residential

Maximum Size without adjacent or opposite residential

I-95 Interstate Highway

1 per 1,000 feet frontage

N/A

N/A

30 feet

250 square feet

State Highway

1 per access drive when at least 200 feet apart

10 feet monument only

50 square feet

10 feet monument only

60 square feet

Arterial Street

1 per access drive when at least 200 feet apart

10 feet monument only

50 square feet

10 feet monument only

60 square feet

Collector street

1 per building

10 feet monument only

50 square feet

10 feet monument only

60 square feet

Local Street or Interior access Roads

Entrance/exit

3 feet

4 square feet

3 feet

4 square feet

2 4.

Freestanding building identification signs. Building identification signage on internal streets within a planned development shall be subject to the location and size limitations of Table 4. All signage shall be of internally backlit channelized letters Sign size or area shall be calculated from the outermost limits of the text graphics.

5.

Façade Signs. A façade sign is one which is located on or attached to the façade of a building. On buildings three (3) stories and above such signage shall not exceed an aggregate area of one hundred eighty (180) square feet, with the maximum of three (3) signs on a single building. Any one sign cannot exceed sixty (60) square feet and six (6) feet in height. On buildings two (2) stories and below, refer to the requirements of the zoning district as specified in subsection 15-37.16(F). Street numbers located on each building shall not be counted against the calculated area of the façade signs.

Table 4 Building Identification signs for Planned Commercial/Industrial Developments

Freestanding Building (Primary) Identification Facing interior street Building (Secondary) Identification - at driveway entrances to buildings

36.

7.

Number Permitted

Maximum Size

Maximum Height

Not to Exceed 1 per building

21 Square feet

10 feet

1 per main public business entrance; 1 per secondary entrance driveway not to exceed 3 per building

-11 square feet at main driveway

-8 feet at main driveway

-8 square feet at secondary driveway

-4 feet at secondary driveway

Directional signs. Directional signs shall be permitted in accordance with the following: (a)

Access directional signs. Directional signs indicating the path of motorists and pedestrians from the access points from public streets into and out of a site. These signs are limited to four (4) square feet in area and five (5’) foot – six (6”) inches in height. Traffic directional signs, fire lane and similar signage may be provided as part of a comprehensive signage plan and included as part of the directional sign category.

(b)

Internal directional signs. Directional signs indicating internal circulation on large sites with two or more separate buildings. Such directional signage may contain identification or informational messages useful to guide employees and visitors from one building to another and may be up to eighteen (18) square feet in area and eight (8’) feet in height, but must be no closer than fifty (50’) feet from the tract perimeter.

Flag poles. Each building shall be allowed a maximum of three (3) flag poles not to exceed forty (40) feet in height, which may be illuminated.

c.

Findings for Planned Developments. Prior to approval of any planned development, the planning board shall find as required by N.J.S.A. 40:55D-45 the following facts and conclusions: 1.

That the departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to the planned development.

2.

That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

3.

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

4.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

5.

In the case of proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

Section 2. If any section or part of this Ordinance shall be declared invalid by the judgment of any court or competent jurisdiction, such section or part shall be deemed to be severable from the remainder of this Ordinance. Section 3. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT This Ordinance amends the Land Development Ordinance of the Township of Ewing to modify the uses permitted and the requirements for Planned Developments.

Mr. Steinmann made a motion to open the public meeting, seconded by Mr. Murphy. Russ Staniec (13 Cory Drive) questioned the ordinance. Mr. Mannix the Township Engineer and Chairman of the Planning Board, Richard Owen commented on this ordinance. Russ Staniec, Kim Welebir (10 Currier Way) and Dawn Gabriel (5 ? Avenue) questioned various aspects of the ordinance. Mr. Mannix responded. After discussion, the public hearing was then closed. Mr. Steinmann moved the ordinance, seconded by Ms. Wollert. ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

2. (Ord.07-21) The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER, TO ADD THE DESIGNATION OF ONE HANDICAPPED PARKING SPACE ON BEECHWOOD AVENUE. (2007) BE IT ORDAINED by the Township Council of the Township of Ewing that the Revised General Municipal Ordinances of the Township of Ewing be amended to add the designation of one (1) handicapped parking space on Beechwood Avenue, as follows:

Section 1: Section 225-52, entitled “Schedule V: Handicapped Parking on Streets.” of the Revised General Municipal Ordinances of the Township of Ewing is hereby amended to add the following designation of one handicapped parking space: Name of Street

Location

Beechwood Avenue

One parking space in front of 347 Beechwood Avenue

Section 2 This Ordinance shall take effect after final passage and publication according to law. STATEMENT This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing to add the designation of one (1) handicapped parking space on Beechwood Avenue for a disabled resident of 347 Beechwood Avenue. Mr. Cox made a motion to open the public meeting, seconded by Mr. Murphy. There being no comments, the public hearing was closed. Ms. Wollert moved the ordinance, seconded by Mr. Cox.

ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

3. (Ord.07-22) The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER AMENDING THE ADMINISTRATION OF GOVERNMENT SECTION OF THE CODE REQUIRING CRIMINAL BACKGROUND CHECKS FOR ALL PAID AND VOLUNTEER FIRE PERSONNEL AND EMERGENCY MEDICAL TECHNICIANS. (2007) WHEREAS, N.J.S.A. 40A:14-9 requires paid firefighters to submit to background checks for purposes of determining the subject's qualifications for employment, volunteer work or other performance of services, and WHEREAS, it is in the best interests of the Township to require not only paid fire personnel but also volunteer personnel serving as firefighters and Emergency Medical Technicians to submit to background checks as well, and WHEREAS, the Township Council desires to amend the Township Administrative Code to insure that a public safety service provider is of good moral character; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that Chapter 2, ADMINISTRATION OF GOVERNMENT, Section 2-51, Additional functions of Department of Public Safety of the Revised General Municipal Ordinances of the Township of Ewing be amended by adding the following NEW provision as follows: Section 1: Section 2-51.1 Qualifications of members. In addition to the qualifications required by law and elsewhere in this Code, no person shall be appointed to provide services either as a paid or volunteer Emergency Medical Technician or as a member of the paid or volunteer fire department, unless the person: (1) is sound in body and of good health;

(2) is of good moral character; and (3) has not been convicted of any criminal offense involving moral turpitude. For the purposes of this section, each applicant shall submit to the Township the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The Township is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. If any section or part of this Ordinance shall be declared invalid by Section 2. the judgment of any court or competent jurisdiction, such section or part shall be deemed to be severable from the remainder of this Ordinance. Section 3 This Ordinance shall take effect after final passage and publication according to law. STATEMENT This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing to require criminal background checks for all paid and volunteer Fire personnel and Emergency Medical Technicians. Mr. Steinmann made a motion to open the public hearing, seconded by Mr. Murphy. There being no comments, the public hearing was closed. Mr. Steinmann moved the ordinance, seconded by Ms. Wollert.

ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

4. (Ord.07-23) The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER AMENDING THE ADMINISTRATION OF GOVERNMENT SECTION OF THE CODE AUTHORIZING CRIMINAL BACKGROUND CHECKS. (2007) WHEREAS, the Township Council of the Township of Ewing adopted Ordinance No. 03-17 amending the Code of the Township of Ewing to conduct background checks of any person with unsupervised direct access to minors participating in any Township sponsored or co-sponsored programs in connection with the Ewing Recreation League, and WHEREAS, Section 2 of Ordinance No. 03-17 provided that said ordinance shall expire December 31, 2007, and WHEREAS, the Township Council desires to rescind and delete Section 2 of Ordinance No. 03-17 thereby providing that the provisions of Code Section 2-40.1 et. seq. as set forth in Ordinance No. 03-17 continuing unless otherwise modified; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that the Revised General Municipal Ordinances of the Township of Ewing be amended as follows:

Section 1: Section 2 of Ordinance No. 03-17 is hereby rescinded and deleted thereby making the provisions of Code Section 2-40.1 et. seq. as set forth in Ordinance No. 03-17 continuing unless otherwise amended. This Ordinance shall take effect after final passage and publication Section 2 according to law. STATEMENT This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing to rescind and delete Section 2 of Ordinance No. 03-17. Mr. Steinmann made a motion to open the public hearing, seconded by Ms Wollert. There were no comments. The public hearing was closed. Mr. Steinmann moved the ordinance, seconded by Mr. Cox.

ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

NEW BUSINESS 1. The Clerk read R07-152 A RESOLUTION OF THE TOWNSHIP OF EWING MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:4-45.47. Mr. Cox moved the resolution, seconded by Mr. Murphy.

ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

2. The Clerk read R07-153 A RESOLUTION AUTHORIZING THE AWARD OF A BID FOR LASERFICHE DOCUMENT IMAGING SERVICES TO AMI IMAGING, LLC.

Mr. Steinmann moved the resolution, seconded by Mr. Murphy.

ROLL CALL Mr. Cox Mr. Murphy Mr. Steinman n Ms. Wollert President Summiel

YES YES YES YES YES

COUNCIL REPORTS Mr. Murphy reported that there was a second hearing for the illegal students. There was a guilty plea and tuition is being paid back to the school board as well as the fine to the municipality. Mr. Cox complimented Mr. Steinmann on his efforts on Community Fest. He also complimented Ron Prykanowski for running a “Taste of

Ewing”. Ms. Wollert commended Ron Prykanowski for setting up the “Taste of Ewing” and also complimented Councilman Steinmann for his efforts with Community Fest. She was disappointed that these two events were not printed in the daily local papers. President Summiel also wanted to echo the sentiments of his colleagues with regard to the “Community Fest” and the “Taste of Ewing” and a job well done by all. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Robert Byron (1631 Prospect Street) asked about Ordinance #05-35 regarding putting leaves on the street. He noted that according to the Ordinance, yard waste that is not containerized is not allowed during the seven days prior to the scheduled collection date. Council responded. Mildred Russell (119 King Avenue) commented that leaves are supposed to be bagged until your scheduled pick up. People putting it out ahead of time should be fined. Kate Tuttle (8 Locke Court) expressed her concern about passing an ordinance requiring residents to bag leaves. John Kucker (Mountainview Road) asked if there was community composting where you can take the leaves yourself. Charles Green made comments about the budget.

There being no further business President Summiel asked for a motion to adjourn. Mr. Murphy so moved, seconded by Ms. Wollert. The meeting was adjourned at 9:36 pm.

______________________________ Les Summiel, Council President

______________________________ Stephen W. Elliott, Municipal Clerk