MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND COMMITTEE OF THE TOWNSHIP OF WANTAGE, HELD AT THE WANTAGE TOWNSHIP MUNICIPAL BUILDING, 888 STATE HIGHWAY 23, WANTAGE, N.J. ON THE DATE OF JULY 21, 2005

Mayor Parker Space called the meeting to order, and requested the Clerk to call the roll.
Upon roll call, the following members of the governing body were present:
Mayor Space, Committee members Parrott, DeBoer.
The following members were absent: None.
Also present: Township Attorney Michael Garofalo

Mayor Space led the assembly in the Salute to the Flag.
Mayor Space stated, “This meeting is being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It has been properly noticed and posted to the public, and certified by the Clerk."

Joanne Kanapinski, Land Use Board, Harold Pellow, Township Engineer were present in the audience.

General review and consideration took place regarding proposed Ordinance 2005-12, dealing with the definition of Minor Site Plan. Mr. Parrott addressed a concern with the wording of the ordinance where “or renovations” will fall under and the 400’ limitation. The Committee agreed to amend the ordinance to exclude renovations that do not exceed 800 square feet and introduce the ordinance at the regular meeting this evening.

General review and consideration took place regarding proposed Ordinance 2005-03, dealing with Aquifer Protection and Well Monitoring. The original recommendation of the Land Use Board was to require a five gallon per minute minimum in this ordinance. The State and County currently require only _ gallon per minute per bedroom, which makes the five gallon recommendation excessive. The five gallon recommendation was taken off the table. The public was given an opportunity to voice their concerns, most of which revolved around who was specifically affected by this proposed ordinance. The Committee informed the public that the gallon per minute requirement would apply only to new applications which come before the Land Use, but would require all individuals to dig before you build. Since there were questions regarding what amount, if any, above _ gallon per minute should be stipulated in the ordinance, the Committee agreed to table further discussion of this proposed ordinance until the regular meeting this evening.

General review and consideration took place regarding proposed Ordinance 2005-16, dealing with a qualifying map for residential cluster developments. Mr. Doherty presented a recommendation from Harold Pellow. The Committee agreed to introduce this ordinance this evening.
General review and consideration took place regarding proposed Ordinance 2005-17, dealing with amending the existing Developer Fee Ordinance. The ordinance applies to affordable housing requirements being collected when a building permit is issued. Mr. Garofalo stated that this amendment is good for the public, and should be considered although it may be challenged. The Committee agreed to introduce this ordinance this evening.

The public questioned if “developer” applies to individual homeowners. The Committee informed the public that any building permit following a subdivision does apply to the COAH requirement regardless of when the subdivision was originally approved.

Ann Smulewicz asked for an opportunity to publicly thank the Committee for their outstanding work in responding to the concerns of “Save Rural Wantage.” Mayor Space thanked her and also commended the way in which the public voiced their concerns.

Mr. Doherty requested clarification from the Committee regarding whether or not the ordinance applies to calculating the 1% fee based upon “improvements and existing land value” for both commercial and residential development. The calculations have, so far, been calculated on improvements only. Mr. Parrott stated he believes the “roll back tax” cover the land and feels that the calculation should apply to improvements only. The Committee decided to introduce the ordinance at the regular meeting this evening as written.

General review and consideration took place regarding the possible need for an ordinance regulating the placement of obstructions on public roads (this request stems from a complaint regarding basketball hoops interfering with school bus access). The Committee, rather than introducing an ordinance which may be costly to enforce, requested Mr. Doherty to ask the public to be cognizant of this concern via our Website and/or a newsletter. The public asked if there were any state laws currently in existence which would cover such a situation. Mr. Garofalo stated that the state only allows municipalities to introduce an ordinance of their own to enforce their individual concerns, but there is no current statue alone which would apply without a local ordinance in place.

The governing body discussed negotiations with Sussex Borough for regional contribution agreements, and strategies for addressing the affordable housing obligations of Wantage Township. Mr. Doherty requested that specific discussions involving details of negotiations with Sussex Borough take place in closed executive session in accordance with the exclusions permitted under the Open Public Meetings Act. General discussion took place regarding some options which the Township is currently considering including RCA planning being undertaken by David Troast, farmland preservation for SCARC homes and what is involved in the three year evaluation which will be performed by the state.
Mr. Doherty gave a brief overview of what COAH requirements are at this time and how future obligations may be calculated. Mr. Garofalo added that COAH will be projecting whether the housing element plan is reasonable, but the trigger will be actual development. COAH will also be assessing the township’s plan to see whether the Township has enough tools available to meet this obligation. Mr. Doherty asked if the 1% assessment would cover this obligation. The answer was no, and that is why other tools such as RCA, SCARC credit, etc. are being considered and the Township is utilizing professionals such as Mr. Troast in this regard.

Since there was no further regular business to discuss, Mayor Space opened the meeting to the public at this time for any questions or comments involving the good and welfare of the community.

As the public was permitted to ask questions as each item was discussed, there was no one from the public who wished to come forward at this time.

There being no other items for the consideration of the governing body at this time, Mr. DeBoer moved to adjourn the meeting. Mr. Parrott seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

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James R. Doherty, Administrator Clerk