Ordinances - 2015

BOROUGH OF MILFORD ORDINANCE NO. 826-2015 CALENDAR YEAR 2015 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS , the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS , the Common Council of the Borough of Milford in the County of Hunterdon finds it advisable and necessary to increase its CY 2015 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS , the Common Council of the Borough of Milford hereby determines that a 3.5 % increase in the budget for said year, amounting to $37,346.03 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Common Council of the Borough of Milford hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED , by the Common Council of the Milford, in the County of Hunterdon, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2015 budget year, the final appropriations of the Borough of Milford shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $37,346.03, and that the CY 2015 municipal budget for the Borough of Milford be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

ATTEST: ____________________ KAREN DYSART, RMC MUNICIPAL CLERK

Introduction : January 20, 2015 Public Hearing : February 17, 2015 Adoption : February 17, 2015 Publication : February 26, 2015 FINAL ADOPTION - ROLL CALL VOTE AYES

NAYS

ABSTAIN

ABSENT

Heller, C.. LaFevre, N.. Schepens, H. Sniffin, G. Rehl, R.

x x x

x

x

White, R. x

BOROUGH OF MILFORD ORDINANCE NUMBER 827-2015 AN ORDINANCE APPROPRIATING THE SUM OF $5,000.00 CURRENTLY LOCATED WITHIN THE CAPITAL IMPROVEMENT FUND FOR COMPUTER UPDATES WHEREAS, there are currently funds, raised by the current and previous budgets, within the Capital Improvement Fund of the Borough of Milford and, WHEREAS, it is deemed appropriate to make use of $5,000.00 for the allowable capital improvement for computer updates. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Council of the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: Section 1 The sum of $5,000.00 presently located in the Capital Improvement Fund is hereby appropriated for computer updates. Section 2 In connection with the amount authorized in Section 1 hereof, the Mayor and Council makes the following determinations.

a) The purpose described in Section 1 hereof is not a current expense and is an improvement which the Borough may lawfully make as a general capital improvement. b) The period of usefulness of the purpose described in Section 1 hereof is not in the limitation of the Local Bond Law and the reasonable life thereof is at least five (5) years.

Section 3

All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency. This ordinance shall take effect immediately after final passage, approval, and publication as provided by law.

Section 4

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction

: January 20, 2015 : February 17, 2015 : February 17, 2015 : February 26, 2015

Public Hearing

Adoption Publication

FINAL ADOPTION ROLL CALL VOTE NAME AYES

NAYS

ABSTAIN

ABSENT

Heller, C. LaFevre, N. Schepens, H. Sniffin, G. Rehl, R.

x x x x

x

White, R.

x

BOROUGH OF MILFORD ORDINANCE NO. 828-2015

AN ORDINANCE TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION OF EACH OFFICER AND EMPLOYEE OF THE BOROUGH OF MILFORD AND THE METHOD OF PAYMENT OF SUCH COMPENSATION BE IT ORDAINED by the MILFORD BOROUGH COMMON COUNCIL of the Borough of Milford, in the County of Hunterdon, State of New Jersey, as follows: MAYOR…………………… ..............................................................$ 2,800.00 Per Year COUNCIL .......................................................................................$ N/A COUNCIL .......................................................................................$ 2,200.00 Per Year COUNCIL........................................................................................$ 2,200.00 Per Year COUNCIL........................................................................................$ 2,200.00 Per Year COUNCIL........................................................................................$ 2,200.00 Per Year COUNCIL........................................................................................$ 2,200.00 Per Year TAX COLLECTOR/TAX SEARCH OFFICER ..................................$ 12,105.00 Per Year Long Term Care Payment (Tax Collector) ....................................$ 2,200.00 Per Year CHIEF FINANCIAL OFFICER/TREASURER..................................$ 15,000.00 Per Year CERT MUNICIPAL CLERK/REG/DOG AGT/ASSESS OFFICER ............$ 44,475.00 Per Year COAH LIAISON/PAIC REPRESENTATIVE.....................................$ 1,000.00 Per Year SUPR. CERTIFYING PENSION/ADMIN. FIRE OFFICIAL RIMS ...$ 4,368.00 Per Year ZONING OFFICER .........................................................................$ 4,038.00 Per Year CERTIFIED PUBLIC WORKS MANAGER ....................................$ 19,749.00 Per Year BOROUGH MAINTENANCE I-Public Works ..................................$ 42,588.00 Per Year BOROUGH MAINTENANCE II-Public Works .................................$ 36,036.00 Per Year SUPERINTENDENT WATER DEPARTMENT ...............................$ 50,274.00 Per Year SUPERINTENDENT SEWER UTILITY...........................................$ 50,849.00 Per Year TAX ASSESSOR.............................................................................$ 11,000.00 Per Year FIRE OFFICIAL ..............................................................................$ 5,241.00 Per Year PLANNING BOARD CLERK...........................................................$ 8,775.00 Per Year EMERGENCY MANAGEMENT OFFICIAL .....................................$ 1,432.00 Per Year MAGISTRATE ................................................................................ $ 2,000.00 Per Year COURT CLERK/ADMINISTRATOR ................................................$ 12,000.00 Per Year PROSECUTOR ...................................................................................... $ 1,620.00 Per Year PUBLIC DEFENDER ......................................................................$ 1,000.00 Per Year RECYCLING COORDINATOR …...................................................$ 563.00 Per Year HEAD LIBRARIAN OF MILFORD PUBLIC LIBRARY.................... $ 25,538.00 Per Year TREASURER OF MILFORD PUBLIC LIBRARY............................ $ 1,713.00 Per Year CUSTODIAN OF MILFORD PUBLIC LIBRARY............................. $ 1,389.00 Per Year WATER/SEWER COLLECTOR ......................................................$ 960.00 Per Year DEPUTY CLERK/REGISTRAR/TAX COLLECTOR .......................$ 17.86 Per Hour GENERAL LABORER.....................................................................$ 16.98 Per Hour CLERICAL/PART TIME...................................................................$ 17.86 Per Hour SEWER UTILITY/PART TIME/GRADE II ........................................$ 19.93 Per Hour SCHOOL CROSSING GUARD.......................................................$ 16.20 Per Hour ASSISTANT LIBRARIAN OF MILFORD PUBLIC LIBRARY................... $ 12.10 Per Hour SUBSTITUTE LIBRARIAN OF MILFORD PUBLIC LIBRARY...... ......... $ 12.10 Per Hour 1. The Mayor and Council Commissioners shall be paid quarterly on the 15 th day of March, June, September and December. 2. The following salaries and wages shall be paid on the 15 th and the last working day of each month: Borough Clerk, Tax Collector, Borough Maintenance, Supt. Public Utilities, Chief Financial Officer/Treasurer, Head Librarian and General Laborers. 3. All remaining salaries and wages shall be paid monthly. Verification of overtime and/or other compensation must be submitted by the end of the month in which it was earned. 4. The duties and terms of employment of the Borough’s officers and employees, except as otherwise provided by Statute, shall be as set forth in an Ordinance of the Governing Body. The hours of employment and other pertinent information pertaining to the offices and

positions shall be set forth in a Resolution of the Governing Body. 5. Those employees who are employed on a full-time basis, as defined by N.J.S.A. 52:14- 17.26 , shall also be eligible for the New Jersey State Health Benefits Program, and the Borough of Milford, pursuant to Milford Borough Resolution RE2011-108 has established that employees are deemed to be employed on a full-time basis if said employee works a minimum of twenty-five (25) hours per week. 6. The Treasurer shall present monthly to the Governing Body for approval, warrants drawn to the order of the Borough of Milford Payroll Account as follows: a. In advance for all employees whose salaries are on an annual or weekly basis when such salaries are due and payable prior to the next Regular Meeting of the Governing Body. b. At the first meeting of the Governing Body in January each year there shall be approved an account to be designated “The Borough of Milford Payroll Account” and from time to time the Treasurer, upon receipt of a warrant for the amount due to such payroll account, shall deposit the same to the credit of the Payroll Account, charging the appropriate budgetary accounts therewith. c. The Treasurer shall thereafter draw checks on said payroll account to the employees entitled to payment therefrom. d. At each regular meeting of the Governing Body, the Treasurer shall submit for the approval or ratification as the case may be, the necessary payrolls for the amount due the officers and employees for compensation. The payroll shall be considered by the Governing Body in due course and approved if found to be correct. e. In case of error adjustment in the payroll, the Treasurer shall, and it shall be his/her duty to see that such error adjustment is properly corrected and an appropriate record made thereof. f. Such officers as may be designated by the Governing Body are hereby authorized to sign warrants drawn in favor of the payroll upon due notice that the appropriate payrolls have been approved by the proper committee and by the proper certifying authorities, which certifying authorities and committee shall be those designated in the Resolution mentioned in Section 5 thereof. 7. All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.

ATTEST:

_______________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction:

01/20/2015 02/02/2015 02/17/2015 02/26/2015

Public Hearing:

Adoption: Publication

FINAL ADOPTION ROLL CALL VOTE

NAME

AYES

NAYS

ABSTAIN

ABSENT

Heller, C. x LaFevre, N..

x x x

Rehl, R.

Schepens, H. Sniffin, G.

x x

White, R.

ORDINANCE DIED – NEVER INTRODUCED SEE ORD. 832-2015

BOROUGH OF MILFORD Ordinance No. 829-2015

ORDINANCE OF THE BOROUGH OF MILFORD, COUNTY OF HUNTERDON, STATE OF NEW JERSEY, REGULATING OUTDOOR DINING AND SEATING WITHIN THE BOROUGH, AND ESTABLISHING PENALTIES FOR THE VIOLATION OF THIS CHAPTER.

WHEREAS, the Borough of Milford finds it desirable and in the best interest of the Borough to provide an additional license, permitting sidewalk dining for businesses licensed to serve food in designated areas in the Borough of Milford; and WHEREAS, the Borough’s purpose underlying this Chapter is to increase patronage at local dining establishments; enhance the ambiance of the Borough as a tourism destination; and promote the Borough’s outdoor resources; and WHEREAS, the Borough believes promoting sidewalk dining on the public right of way will add to the ambiance of the Borough as a river front community; and WHEREAS, the Borough seeks to permit sidewalk dining on the public right of way in a manner that is consistent with the health, safety and general welfare of the public; and WHEREAS, the Borough’s first priority in creation of this Ordinance is to assure that travel, safety and welfare of the public are not jeopardized in the promotion of patronage at local dining establishments; and WHEREAS, the Borough seeks to establish strict regulations and conditions to obtaining and retaining a sidewalk dining license; and WHEREAS, the Borough seeks to allow sidewalk dining on the public right of way, provided that the regulations and conditions noted below are complied with; and WHEREAS, at the request of the business community, the Borough is allowing the service of alcoholic beverages in the outside sidewalk dining areas in a manner that is consistent with each licensee’sbusiness liquor license, New Jersey state law and/or New Jersey’s “Bring your Own” alcohol laws, and this Ordinance; and WHEREAS, the Borough desires to monitor and review the effect of this ordinance from time to time, and retain the ability to revoke sidewalk dining licenses in the event that (1) they are determined to threaten the public health, safety or general welfare, or (2) businesses do not strictly comply with the terms of this ordinance and the Chapters of the Borough of Milford General Ordinances pertaining to sidewalk dining; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Common Council of the Borough of Milford, County of Hunterdon, and State of New Jersey, as follows: CHAPTER 169 OUTDOOR DINING §169-1 Purpose The allowance of sidewalk dining in the Downtown Business Zone will benefit the community by establishing an attractive and welcoming environment for diners during the warmer months of the year. The outdoor dining should encourage increased patronage at the restaurants and surrounding businesses, and outdoor seating should add to the character and ambience of Milford’s downtown area. This Chapter establishes the regulations for this activity so that the interests of the Borough of Milford are preserved along with the health, safety, and welfare of both its citizens and the patrons dining and sitting outside within the Borough. §169-2 Definitions As used in this Chapter, the following terms shall have the meanings indicated: 1. Outdoor Dining Area: The area that extends in a rectangle from the facade of the Principal Building to a line parallel to and set back five feet (5’) from the curb of the road and is bounded on the sides by the side lot lines. 2. Principal Food Establishment: The establishment actually located within the building adjacent

to the Outdoor Dining Area that has a current Permanent Food License. Examples of such food establishments include a restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial eating establishment, private, public or non-profit organization, institution or group preparing, storing or serving food, catering kitchen, commissary, box-lunch establishment, retail bakery, meat market, delicatessen, grocery store, or public food market, or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public. 3. Operation Period: Outdoor dining is permitted all year round. §169-3 Terms and Regulations Each Principal Food Establishment shall be entitled to provide and maintain outdoor seating for food consumption in the Outdoor Dining Area subject to the following requirements: A. Each Principal Food Establishment that desires to provide an outdoor dining area shall provide to the Milford Borough Zoning Officer an Outdoor Dining Plan, consisting of a scale drawing that indicates: 1. The Principal Building, any buildings directly adjacent to the Principal Building, the sidewalk in front of the Principal Building, and identification of the street on which the Outdoor Dining Area will front; 2. Any proposed semi-permanent fixtures, equipment or structures, including, without limitation, any signs, equipment, tables, chairs, umbrellas, planters or any other fixture that is intended to remain on the sidewalk directly outside the Principal Building; 3. A statement of the seating capacity for the Principal Building and the proposed seating for the Outdoor Dining Area; and 4. A signed statement attesting to the fact that the Principal Building does not have any current Building or Health code violations. B. The Outdoor Dining Area may only operate during the approved hours of operation of the Principal Food Establishment. C. No permanent fixtures, equipment or structures shall be placed in the Outdoor Dining Area. D. Any Primary Food Establishment providing outdoor dining shall provide and maintain an unobstructed pedestrian passageway consisting of an area of the sidewalk, parallel to the curbline, at least five feet (5’) in width which shall be unobstructed by any structure or equipment, including, but not limited to tables, chairs, trees, light poles, and trash receptacles. E. No fixtures, equipment or structures used in the operation of the Outdoor Dining Area may be placed in a location that could restrict ingress and egress from the Principal Building or adjacent buildings, nor which could restrict or obstruct the ingress to and egress from vehicles parked along any street or roadway. F. The Outdoor Dining Area shall be kept free and clear of refuse and clutter, and tables are to be cleared within a reasonable time of a patron exiting the premises. G. No additional signs, banners, or similar advertisements or decorations may be utilized unless submitted and approved in accordance with the provisions of the Milford Borough Code regulating the display of signs. H. Sale and consumption of alcoholic beverages in the Outdoor Dining Area are subject to the same rules that apply to the Principal Food Establishment. If the Principal Building has a valid liquor license, they must notify the Alcohol Beverage Commission to seek approval for an extension of the license to the outdoor area. This extension must be obtained separately from the underlying Outdoor Dining license. §169-4 Permitted Subject to Approval. Sidewalk Dining shall be permitted provided that the dining establishment has complied with this Chapter, obtained all appropriate licenses for service of food, and other approvals as may be required by the Borough of Milford’s Joint Land Use Board, the Milford Borough Zoning Officer, the Hunterdon County Division of Public Health Services, New Jersey State Code Enforcement Official or any other agency or official having jurisdiction. Should the sidewalk be in the County right of way then in addition to the above approvals, all County approvals and requirements must be meet before application for a license pursuant to this Chapter.

§169-5 Borough Approval of Sidewalk Dining License. Any dining establishment seeking a license for sidewalk dining pursuant to this chapter must make application to the Milford Borough Clerk or a designee thereof annually in conjunction with the submission of an application for an “Outdoor Dining” license. Approval must be received from the Milford Borough Clerk or a designee thereof and all other requirements for consumption of alcohol at the sidewalk dining areas must also be obtained, when applicable, before the dining establishment may begin to set up any sidewalk dining areas. §169-6 Application and Information to be provided. The application for a sidewalk dining area license shall be on Borough forms, completely filled out and submitted to the Milford Borough Clerk or a designee thereof, and in accordance with a schedule to be set by the Milford Borough Clerk or a designee thereof, with the following items and information to be provided: A. Scaled layout of proposed tables, chairs, trash/recycling receptacles, bus trays and low barriers, showing dimensions of tables, chairs, trash/recycling receptacles and overall area with respect to the building façade, sidewalk space, existing poles, signs, trees or other sidewalk installations. The layout shall address all issues required in Section §169-3. B. Whether the dining establishment seeks to allow for consumption of alcoholic beverages in the sidewalk dining area, and if so, whether the dining establishment is licensed and approved by the New Jersey Division of Alcoholic Beverage Control to serve alcohol in the Outdoor Dining Area. C. A detailed narrative, supported by a plan of relevant information, describing the method of serving tables, the proposed hours of outdoor service, where alcohol will be consumed at the Outdoor Dining Area and how it will be served, and the method of outdoor litter control and trash/recycling handling. D. Photographs or diagrams indicating the style, colors, sizes and materials used for tables, chairs, umbrellas and other property in the operation of the Outdoor Dining Area. E. A description of the existing buildings on either side of the dining establishment. F. A non-refundable application fee shall be paid to the Borough at the time the application is submitted to the Borough as follows: 1) $100.00 – For dining establishment which shall not allow the service or consumption of alcohol in the Outdoor Dining Area. 2) $200.00 – For dining establishment which will allow service and / or consumption of alcohol in the Outdoor Dining Area. G. Proof that the County has approved the placement of tables etc., and service of food, alcohol etc. in its right of way, if applicable. H. Proof of approval from the New Jersey Division of Alcoholic Beverage Control, when applicable. §169-6 Processing, Criteria for Review of Application, and Continued Use of License. In the processing applications for sidewalk dining, the Milford Borough Zoning Officer or a designee thereof shall confer as necessary with the Construction Official, the Borough Clerk and the Borough Engineer, and shall use the following factors to determine to provide, or continue to provide, a license for outdoor dining: 1. Pedestrian safety. 2. Level of pedestrian traffic in the area. 3. Vehicular safety. 4. Level of vehicular traffic in the area. 5. Public safety. 6. The management plan for clean up, litter control, and trash/recycling handling. 7. Impact on existing landscaping. 8. Potential interference with police or fire safety. 9. Interference with use and enjoyment of adjacent property owners. 10. Present and past deviation from compliance with the terms of this Chapter and other provisions pertaining to sidewalk dining areas. 11. Adequacy of the design plan submitted pursuant to Section §169-3.

12. Compliance with County conditions where applicable.

§169-7 Insurance and Hold Harmless Agreement. No “Outdoor Dining” license shall be issued before the Borough receives proof of the following: A. Insurance. 1. Each applicant must supply the Borough with a certificate of insurance to hold harmless the Borough, showing limits of not less than $1,000,000 bodily injury and property damage, combined single limit of liability; and for any establishments that are permitted to allow or sell alcoholic beverages, the applicant shall also provide for liquor liability insurance with not less than $2,000,000 bodily injury and property damage, combined single limit of liability. The Borough must be added to the liability insurance policy of the permit applicant, as an additional insured. The policy or policies of insurance must be with a company or companies authorized to do business in the State of New Jersey and shall be delivered to the Borough, with evidence of payment of premiums therefore. If the dining establishment abuts a County right of way in addition to the above, the County shall be added as an additional insured. 2. The Borough shall be designated by applicant to be notified by the insurance company in the event of cancellation of insurance for any reason. 3. In the event that the insurance required by this Chapter is canceled for any reason, then the applicant’s Outdoor Dining license shall automatically be revoked and terminated without the need for the Borough to take any further action and such applicant shall not be permitted to engage in the provision of Outdoor Dining unless and until a new license is issued after submission of a new application and satisfaction of all conditions of this chapter. B. Hold Harmless. Permit applicants must also agree to save, hold and keep harmless and indemnify the Borough from and for any and all payments, expenses, costs, attorney fees and from any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omission by the permit applicant or the permit applicant’s agents, employees, guests, licensees, invitees, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the use by the permit applicant and the conduct of the permit applicant’s business within that portion of the Outdoor Dining Area for which a permit was issued to the respective applicant. An application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant’s agreement to indemnify the Borough as aforesaid. However, in addition, applicant shall execute a hold harmless agreement in a form supplied by the Borough. If the dining establishment abuts a County right of way, in addition to the above, an application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant’s agreement to also indemnify the County. Further, the applicant shall also execute a hold harmless agreement in a form supplied by the Borough indemnifying the Borough and County. §169-8 No Grant of Property Right. The Borough of Milford reserves its right to amend, terminate or repeal this Chapter and accordingly no property rights are granted to any person(s) or entities by virtue of this Chapter. All person(s) or entities seeking to comply with this Chapter are hereby given express notice that any expenditures of funds, or other costs, in reliance on the provisions of this Chapter shall be at their sole expense. All person(s) or entities seeking to comply with this Chapter are hereby given express notice that they bear the sole risk of loss for any expenditures and costs in the event this Chapter is amended, terminated or repealed. The foregoing reservations apply to any use of either the Borough of Milford’s or Hunterdon County’s respective right of ways. §169-9 Violations and Penalties In the event of non-compliance with any provision of this Chapter, a written notice of violation shall be issued by the Borough’s zoning officer or other authorized agent or official of the Borough of Milford. Upon notice of a violation, the violator shall remove all outdoor benches, tables, chairs and other outdoor facilities until such time as the violation is completely abated. Each and every day the violation continues will be considered a separate offense subject to a separate punishment by fine and/or community service. Any person in violation of any provision of this section shall be liable for a separate fine for each

offense of not less than one hundred dollars ($100.00) nor more than five hundred ($500.00) dollars and/or community service for each offense.

§169-10 Repealer All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistencies. §169-11 Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid, preempted or unconstitutional by any court or Federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of this ordinance and such holding shall not affect the validity of the remaining portions hereof. §169-12 Effective Date This Ordinance shall take effect immediately upon final publication as provided by law. _____________________ JAMES A. GALLOS MAYOR ATTEST: _____________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction : February 2, 2015 Public Hearing : Adoption : Publication : FIRST READING - ROLL CALL VOTE Council Member Motion Secon d Ayes Nays Abstain Absent/Ineligible Carole Heller Noralie LaFevre Ronald Rehl Henri Schepens

George Sniffin Robert White

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Motion Secon d

Ayes

Nays

Abstain

Absent/Ineligible

Carole Heller Noralie LaFevre Ronald Rehl Henri Schepens George Sniffin Robert White

BOROUGH OF MILFORD ORDINANCE NUMBER 830-2015

AN ORDINANCE APPROPRIATING THE SUM OF $6000.00 CURRENTLY LOCATED WITHIN THE CAPITAL FUNDS OF THE GENERAL FUND AND THE WATER FUND AND THE SEWER FUND FOR THE PURCHASE OF A TRAILER WHEREAS, there are currently funds located in the Capital Funds of the General Fund and the Water Fund and the Sewer Fund, and WHEREAS, it is deemed appropriate to make use of $2,000.00.00 from the General Capital Fund, and $2,000.00 from the Water Capital Fund, and $2,000.00 from the Sewer Fund for the allowable capital purchase of a trailer, NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: Section 1 The sum of $2,000.00 presently located in the General Capital Fund, and the sum of $2,000.00 located in the Water Capital Fund and the sum of $2,000.00 located in the Sewer Capital Fund are hereby appropriated for the purchase of a trailer.

Section 2

A. The purpose described in Section 1 hereof is not an operating expense and is a purchase which the Borough may lawfully make as a capital purchase. B. The period of usefulness of the purpose is not in the limitation of the Local Bond Law, and the reasonable life thereof is at least five (5) years. All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency. This ordinance shall take effect immediately after final passage, approval, and publication as provided by law.

Section 3

Section 4

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction :

02/02/2015 02/17/2015 02/17/2015 02/26/2015

Public Hearing:

Adoption Publication

: :

BOROUGH OF MILFORD ORDINANCE NUMBER 831-2015 AN ORDINANCE APPROPRIATING THE SUM OF $53,760.00 CURRENTLY LOCATED WITHIN THE CAPITAL FUNDS OF THE MILFORD SEWER UTILITY FOR SLUDGE VALVE REPLACEMENT WHEREAS, there are currently funds located in the Capital Funds of the Milford Sewer Utility, and WHEREAS, it is deemed appropriate to make use of $53,760.00 from the allowable capital improvement of a sludge valve replacement, NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: Section 1 The sum of 53,760.00 presently located in the Sewer Capital Improvement Fund is hereby appropriated for a sludge valve replacement. Section 2 In connection with the amount authorized in Section 1 hereof, the Mayor and Council makes the following determinations. a. The purpose described in Section 1 hereof is not an operating expense and is a purchase which the Borough may lawfully make as a capital purchase. b. The period of usefulness of the purpose described in Section 1 hereof is not in the limitation of the Local Bond Law, and the reasonable life thereof is at least five (5) years. Section 3 All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency.

Section 4

This ordinance shall take effect immediately after final passage, approval, and publication as provided by law.

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction : March 02, 2015 Public Hearing: : March 16, 2015 Adoption : March 16, 2015 Publication : March 26, 2015

FIRST READING - ROLL CALL VOTE

Council Member

Intro.

Adopt.

Second

Ayes

Nays

Abstain

Absent

Carole Heller

x

x

Noralie LaFevre

x

x

Ronald Rehl

x

x

Henri Schepens

x

George Sniffin

x

Robert White

x

SECOND READING & FINAL ADOPTION - ROLL CALL VOTE

Council Member

Intro.

Adopt.

Second

Ayes

Nays

Abstain

Absent

Carole Heller

x

x

Noralie LaFevre

x

Ronald Rehl

x

x

Henri Schepens

x

George Sniffin

x

Robert White

x

x

BOROUGH OF MILFORD ORDINANCE 833-2015

ORDINANCE OF THE BOROUGH OF MILFORD, COUNTY OF HUNTERDON, STATE OF NEW JERSEY, REGULATING OUTDOOR DINING AND SEATING WITHIN THE BOROUGH, AND ESTABLISHING PENALTIES FOR THE VIOLATION OF THIS CHAPTER.

WHEREAS, the Borough of Milford finds it desirable and in the best interest of the Borough to provide an additional license, permitting outdoor dining for businesses licensed to serve food in designated areas in the Borough of Milford; and WHEREAS, the Borough’s purpose underlying this Chapter is to increase patronage at local dining establishments; enhance the ambiance of the Borough as a tourism destination; and promote the Borough’s outdoor resources; and WHEREAS, the Borough believes promoting outdoor dining on the public right of way will add to the ambiance of the Borough as a river front community; and WHEREAS, the Borough seeks to permit outdoor dining on the public right of way in a manner that is consistent with the health, safety and general welfare of the public; and WHEREAS, the Borough’s first priority in creation of this Ordinance is to assure that travel, safety and welfare of the public are not jeopardized in the promotion of patronage at local dining establishments; and WHEREAS, the Borough seeks to establish strict regulations and conditions to obtaining and retaining an outdoor dining license; and WHEREAS, the Borough seeks to allow outdoor dining on the public right of way and outdoor dining at licensed food establishments in areas on private property and not in the public right of way, provided that the regulations and conditions noted below are complied with; and WHEREAS, at the request of the business community, the Borough is allowing the service of alcoholic beverages in the outside outdoor dining areas in a manner that is consistent with each licensee’s business liquor license, New Jersey state law and this Ordinance; and WHEREAS, the Borough desires to monitor and review the effect of this ordinance from time to time, and retain the ability to revoke outdoor dining licenses in the event that (1) they are determined to threaten the public health, safety or general welfare, or (2) businesses do not strictly comply with the terms of this ordinance and the Chapters of the Borough of Milford General Ordinances pertaining to outdoor dining; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Common Council of the Borough of Milford, County of Hunterdon, and State of New Jersey, as follows: §169-1 Purpose The allowance of outdoor dining in the Downtown Business Zone will benefit the community by establishing an attractive and welcoming environment for diners during the warmer months of the year. The outdoor dining should encourage increased patronage at the restaurants and surrounding businesses, and outdoor seating should add to the character and ambience of Milford’s downtown area. This Chapter establishes the regulations for this activity so that the interests of the Borough of Milford are preserved along with the health, safety, and welfare of both its citizens and the patrons dining and sitting outside within the Borough. §169-2 Definitions As used in this Chapter, the following terms shall have the meanings indicated: 1. Outdoor Dining Area: For areas within the public right of way, the area that extends in a rectangle from the facade of the Principal Building to a line parallel to and set back five feet (5’) from the curb of the road and is bounded on the sides by the side lot lines. For areas located on private property and not within the public right of way, the area designated by the Primary Food Establishment as the area for outdoor dining provided that it does not in any way encroach upon or interfere with the public right of way, ingress to or egress CHAPTER 169 OUTDOOR DINING

from the subject property. 2. Principal Food Establishment: The establishment actually located within the building adjacent to the Outdoor Dining Area that has a current Permanent Food License. Examples of such food establishments include a restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial eating establishment, private, public or non-profit organization, institution or group preparing, storing or serving food, catering kitchen, commissary, box-lunch establishment, retail bakery, meat market, delicatessen, grocery store, or public food market, or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere, and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public. 3. Operation Period: Outdoor dining is permitted all year round. §169-3 Terms and Regulations Each Principal Food Establishment shall be entitled to provide and maintain outdoor seating for food consumption in the Outdoor Dining Area subject to the following requirements: A. The Outdoor Dining Area may only operate during the approved hours of operation of the Principal Food Establishment. B. No permanent fixtures, equipment or structures shall be placed in the Outdoor Dining Area within the public right of way. C. Any Primary Food Establishment providing outdoor dining shall provide and maintain an unobstructed pedestrian passageway consisting of an area of the sidewalk, parallel to the curbline, at least five feet (5’) in width which shall be unobstructed by any structure or equipment, including, but not limited to tables, chairs, trees, light poles, and trash receptacles. D. No fixtures, equipment or structures used in the operation of the Outdoor Dining Area may be placed in a location that could restrict ingress and egress from the Principal Building or adjacent buildings, nor which could restrict or obstruct the ingress to and egress from vehicles parked along any street or roadway. E. The Outdoor Dining Area shall be kept free and clear of refuse and clutter, and tables are to be cleared within a reasonable time of a patron exiting the premises. F. No additional signs, banners, or similar advertisements or decorations may be utilized unless submitted and approved in accordance with the provisions of the Milford Borough Code regulating the display of signs. G. No alcohol will be served in outdoor dining unless approved by the Division of Alcohol Beverage Control Commission. “Bring your own bottle” consumption of alcohol shall not be Outdoor Dining shall be permitted provided that the dining establishment has complied with this Chapter, obtained all appropriate licenses for service of food, and other approvals as may be required by the Borough of Milford’s Joint Land Use Board, the Milford Borough Zoning Officer, the Hunterdon County Division of Public Health Services, New Jersey State Code Enforcement Official or any other agency or official having jurisdiction. Should any outdoor dining area be in the County right of way then in addition to the above approvals, all County approvals and requirements must be met before application for a license pursuant to this Chapter. §169-5 Borough Approval of Outdoor Dining License. Any dining establishment seeking a license for outdoor dining pursuant to this chapter must make application to the Milford Borough Clerk or a designee thereof annually in conjunction with the submission of an application for an “Outdoor Dining” license. Approval must be received from the Milford Borough Clerk or a designee thereof and all other requirements for consumption of alcohol at the outdoor dining areas must also be satisfied, when applicable, before the dining establishment may begin to set up any outdoor dining areas. §169-6 Application and Information to be provided. permitted within any Outdoor Dining Area. §169-4 Permitted Subject to Approval.

The application for a outdoor dining area license shall be on Borough forms, completely filled out and submitted to the Milford Borough Clerk or a designee thereof, and in accordance with a schedule to be set by the Milford Borough Clerk or a designee thereof, with the following items and information to be provided: A. A non-refundable application fee shall be paid to the Borough at the time the application is submitted to the Borough along with the annual food license: 1) $25.00 – For the initial application for an Outdoor Dining Area located within the public right of way and for each renewal application for which there is any change in the Outdoor Dining Area located within the Public Right of Way; 2) $10.00 for each renewal application for which there is a no change in the Outdoor Dining Area located within the Public Right of Way; and 3) There shall be no fee charged for any application, either original or renewal, for any Outdoor Dining Area which is situated entirely on private property and does not encroach into the public right of way. B. Proof that the County has approved the placement of tables etc., and service of food, alcohol etc. in its right of way, if applicable. C. Statement that no alcohol served on outdoor dining unless approved by New Jersey Division of Alcoholic Beverage Control, when applicable. The application should identify the applicant and property owner. The application should include a statement that the applicant has been provided a copy of the ordinance which the applicant has read and understood that they will comply with all aspects. §169-6 Processing, Criteria for Review of Application, and Continued Use of License. In the processing of applications for outdoor dining, the Milford Borough Zoning Officer or a designee thereof shall confer as necessary with the Borough Clerk. §169-7 Insurance and Hold Harmless Agreement. No “Outdoor Dining” license shall be issued before the Borough receives proof of the following: A. Insurance. 1. Each applicant must supply the Borough with a certificate of insurance to hold harmless the Borough, showing limits of not less than $1,000,000 bodily injury and property damage, combined single limit of liability; and for any establishments that are permitted to allow or sell alcoholic beverages, the applicant shall also provide for liquor liability insurance with not less than $2,000,000 bodily injury and property damage, combined single limit of liability. The Borough must be added to the liability insurance policy of the permit applicant, as an additional insured. The policy or policies of insurance must be issued by a company or companies authorized to do business in the State of New Jersey and shall be delivered to the Borough, with evidence of payment of premiums therefore. If the dining establishment abuts a County right of way in addition to the above, the County shall be added as an additional insured. 2. The Borough shall be designated by applicant to be notified by the insurance company in the event of cancellation of insurance for any reason. 3. In the event that the insurance required by this Chapter is canceled for any reason, then the applicant’s Outdoor Dining license shall automatically be revoked and terminated without the need for the Borough to take any further action and such applicant shall not be permitted to engage in the provision of Outdoor Dining unless and until a new license is issued after submission of a new application and satisfaction of all conditions of this chapter. B. Hold Harmless. Permit applicants must also agree to save, hold and keep harmless and indemnify the Borough from and for any and all payments, expenses, costs, attorney fees and from any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omission by the permit applicant or the permit applicant’s agents, employees, guests, licensees, invitees, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the use by the permit applicant and the conduct of the

permit applicant’s business within that portion of the Outdoor Dining Area for which a permit was issued to the respective applicant. An application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant’s agreement to indemnify the Borough as aforesaid. However, in addition, applicant shall execute a hold harmless agreement in a form supplied by the Borough. If the dining establishment abuts a County right of way, in addition to the above, an application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant’s agreement to also indemnify the County. Further, the applicant shall also execute a hold harmless agreement in a form supplied by the Borough indemnifying the Borough and County. §169-8 No Grant of Property Right. The Borough of Milford reserves its right to amend, terminate or repeal this Chapter and accordingly no property rights are granted to any person(s) or entities by virtue of this Chapter. All person(s) or entities seeking to comply with this Chapter are hereby given express notice that any expenditures of funds, or other costs, in reliance on the provisions of this Chapter shall be at their sole expense. All person(s) or entities seeking to comply with this Chapter are hereby given express notice that they bear the sole risk of loss for any expenditures and costs in the event this Chapter is amended, terminated or repealed. The foregoing reservations apply to any use of either the Borough of Milford’s or Hunterdon County’s respective right of ways. §169-9 Violations and Penalties In the event of non-compliance with any provision of this Chapter, a written notice of violation shall be issued by the Borough’s zoning officer or other authorized agent or official of the Borough of Milford. Upon notice of a violation, the violator shall remove all outdoor benches, tables, chairs and other outdoor facilities until such time as the violation is completely abated. Each and every day the violation continues will be considered a separate offense subject to a separate punishment by fine and/or community service. Any person in violation of any provision of this section shall be liable for a separate fine for each offense of not less than one hundred dollars ($100.00) nor more than five hundred ($500.00) dollars and/or community service for each offense. §169-10 Repealer All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistencies. §169-11 Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid, preempted or unconstitutional by any court or Federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of this ordinance and such holding shall not affect the validity of the remaining portions hereof. §169-12 Effective Date This Ordinance shall take effect immediately upon final publication as provided by law. _____________________ JAMES A. GALLOS MAYOR ATTEST: _____________________ KAREN DYSART, RMC MUNICIPAL CLERK

Introduction : May 4, 2015 Public Hearing : June 1, 2015 Adoption : June 1, 2015 Publication : June 18, 2015