Pending Ordinances and Resolutions

 

 

KNOWLTON TOWNSHIP, COUNTY OF WARREN

ORDINANCE 2020-06

AN ORDINANCE OF THE TOWNSHIP OF KNOWLTON AMENDING CHAPTER 174 SECTION 14.1 TO REQUIRE CERTAIN LOCATIONS TO REQUIRE A PARKING PERMIT AND CHAPTER 174 SECTION 3(G)(9)

 

WHEREAS , the Mayor and Committee of the Township of Knowlton have determined that it is necessary to require that certain parking locations be subject to regulation; and

 

WHEREAS , the Mayor and Committee of the Township of Knowlton have further determined that it is necessary to regulate such parking by requiring permits to be obtained and to establish reasonable restrictions regarding same; and

 

WHEREAS , the Township of Knowlton Ordinance § 174-14.1 provides a schedule identifying such areas where parking permits are required; and

 

WHEREAS , the Mayor and Committee of the Township of Knowlton wish to revise and update said schedule so as to add Columbia Street and a portion of Washington Street to said schedule.

 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Committee of the Township of Knowlton, Warren County, New Jersey, as follows:

 

Section 1 . The Code of the Township of Knowlton is hereby amended by revising Chapter 174, Section 14.1 to read as follows:

§ 174-14.1Schedule IA: Permit Parking.

 

In accordance with the provisions of §  174-3G , no person shall park a vehicle at any time upon any of the following described streets or parts thereof, unless the vehicle shall bear a valid permit:

 

Name of Street Location

Station Road

For a distance of 2,785 feet from Route 94 to its intersection with

Kill Road on both sides of the roadway

Columbia Street

From the River to Decatur on both sides of the roadway

Washington Street

From Columbia Street to Green Street on both sides of the roadway

 

Section 2. The Code of the Township of Knowlton is hereby amended by revising Chapter 174, Section 3(G)(9) as follows:

§ 174-3(G) Parking only on Certain Streets

(9) Any vehicle parked in violation of the parking permit regulations will be subject to a fine of $100.00 or removal pursuant to this section. Persons in possession of parking permits who misuse them, including obtaining them for purposes other than hunting, fishing, biking, and hiking, are subject to revocation of the permits for one year and a fine of $150.00. Any person(s) found to possess an invalid, expired, or counterfeit permit shall be subject to a fine of $150.00

 

Section 3 . All prior ordinances that are inconsistent with this ordinance are repealed. All ordinances are hereby amended to be consistent with this ordinance and all ordinances, including this one, shall be construed consistent with the express purpose of this ordinance.

Section 4. This ordinance shall be construed consistent with the purpose stated in section 1 hereof. If any part of this ordinance is invalidated by a court of competent jurisdiction, the remainder of this ordinance shall be saved to the full extent possible. This ordinance amends provisions of the Knowlton Township Code only where stated herein; otherwise this ordinance is amendatory and supplementary to existing provision of the Township of Knowlton Code.

Section 5. This ordinance shall take effect immediately upon approval and publication of notice of adoption as provided by law

INTRODUCTION: August 10, 2020

Motion: Starrs

Second; Cuntala

Committee poll: Cuntala—aye, McNinch—aye, Shipps—aye, Van Horn—aye, Starrs—aye

 

 

 

TOWNSHIP OF KNOWLTON

COUNTY OF WARREN, STATE OF NEW JERSEY

RESOLUTION 2020- 111

 

RESOLUTION ACCEPTING BID FOR SALE OF BLOCK 55 and LOT12 IN ACCORDANCE WITH ORDINANCE -2019-02

 

 

WHEREAS, pursuant to Ordinance 2019-02, the Township of Knowlton authorized a sale by public auction of certain parcels of real property owned by the Township; and

 

WHEREAS, one of the properties auctioned is designated as Block 55 Lot 12 (hereinafter the “Property”); and

 

WHEREAS, as to the Property, at auction the Township received 1 bid for the .1-acre parcel, the highest of which was $2,000; and

 

WHEREAS, the Township Committee has determined that it is in the best interests of the Township to accept the highest bid.

 

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of Knowlton, in the County of Warren, State of New Jersey, as follows:

 

SECTION 1. The Township Committee accepts the bid of Mr. Craig Wood in the amount of $2,000for the purchase of the real property designated as Block55, Lot 12in “as is” condition.

 

SECTION 2. Closing shall take place on or before ___________.

 

SECTION 3. The sale of the Property is “as is” without conditions and the Township makes no statements on either land or environmental issues.

 

SECTION 4. The Mayor and Clerk are hereby authorized to execute the attached contract in substantially the same form.

 

SECTION 5. The Township Attorney is hereby authorized to prepare and the Mayor and Clerk are hereby authorized to execute all documents necessary to effectuate the sale and transfer of the Property.

SECTION 6. In the event the successful bidder fails to close on the Property, he/she shall forfeit the ten percent (10%) deposit.

 

SECTION 7. This resolution shall take effect immediately.

 

Date: September 14, 2020

Motion:

Second:

Roll Call:

 

I hereby certify the foregoing to be a true copy of a resolution adopted by the Township Committee of the Township of Knowlton, Warren County, State of New Jersey at a meeting held on September 6, 2020.

 

__________________________

Kristin Shipps, Municipal Clerk

 

 

RESOLUTION 2020- 112

RESOLUTION OF THE TOWNSHIP OF KNOWLTON
AUTHORIZING THE USE OF THE PUBLIC RIGHTS-OF-WAY BY

PLANET NETWORKS, INC.

 

WHEREAS, Planet Networks Inc. ("Planet Networks") is a provider of telecommunications services

that is authorized by the New Jersey Board of Public Utilities to provide local exchange and

interexchange telecommunications services throughout New Jersey; and

 

WHEREAS, Planet Networks has petitioned the municipality for consent to use the public rights-of-

way to place its telecommunication facilities aerially on existing and new utility poles and/or

in underground conduit; and

 

WHEREAS, the Federal Communications Commission has held that that "an effective prohibition

[under the Telecommunications Act of 1996] occurs where a state or local legal requirement

materially inhibits a provider's ability to engage in any of a variety of activities related to its

provision of a covered service ... not only by rendering a service provider unable to provide an

existing service in a new geographic area or by restricting the entry of a new provider in providing

service in a particular area, but also by materially inhibiting the introduction of new services or

the improvement of existing services." Declaratory Ruling and Third Report and Order, WT

Docket No. 17-79; WC Docket No. 17-84, FCC-18-133A1, at para. 36, p. 15-16; and

 

WHEREAS, Planet Networks has or will enter into agreements with the utility companies for the

use of their poles; and

 

WHEREAS, N.J.S.A. 48:3-19 provides that "[t]he consent of the municipality shall be obtained for

the use by a person of the poles of ' -another person unless each person has a lawful right to

maintain poles in such street, highway or other public place;" and

 

WHEREAS, N.J.S.A. 27:16-6 provides, in part that "[t]he board of chosen freeholders shall not

grant an easement, right of way, or use in, under or over, any portion of a county road in a

municipality, unless the governing body of the municipality ... shall consent thereto;" and

 

WHEREAS, N.J.S.A. 46:17-8 provides that "[a]ny telegraph or telephone company organized

under the laws of this or any other State, or of the United States may erect, construct and

maintain the necessary poles, wires, conduits, and other fixtures for its lines, in, upon, along, over

or under any public street, road or highway, upon first obtaining the consent in writing of the

owner of the soil to the erection of such poles, and through, across or under any of the waters

within this State and upon, through or over any other land, subject to the right of the owners

thereof to full compensation for the same."

 

WHEREAS, N.J.S.A. 54:30A-124(a) provides that a municipality may not impose any fees, taxes,

levies or assessments in the nature of a local franchise, right of way, or gross receipts fee, tax,

levy or assessment against telecommunications companies but that a municipality may impose

reasonable fees for actual services made by any municipal agency; and

 

WHEREAS, it is in the best interests of the municipality and its citizens to grant consent to Planet

Networks.

 

NOW THEREFORE BE IT RESOLVED THAT :

 

1) That the governing body does hereby grant permission and authority to Planet Networks,

Inc. to install fiber optic cables and related facilities on existing utility poles within the public

right-of-way and to install new utility poles, upon the following terms and conditions:

 

  • Planet Networks shall adhere to all applicable federal, State, and local laws in connection with its use of the public right - of-way.

 

  • Planet Networks shall obtain any applicable permits in connection with the installation of its facilities;

 

  • Planet Networks shall i ndemnify, defend and hold harmless the municipality, its officials, agents, and employees, from and against any claim of liability, damages or loss resulting in bodily injury or property damage arising out of Planet Network's use of the public right-of-way, except to the extent such loss, injury or property damage resulting from theacts or omissions of the municipality.

 

  • Planet Networks shall procure and maintain, at its cost and expense, commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence and shall include the municipality as an additional insured on saidinsurance policy.

 

  • Planet Networks shall be responsible for the repair of any damage to pavement or anystructure arising from its construction, installation or maintenance of its facilities.

 

  • Notwithstanding any provision contained herein, neither the municipality nor Planet Networks shall be liable to the other for consequential, incidental, exemplary, or punitive damages on account of any activity pursuant to this consent.

 

  • That the Township of Knowlton is hereby authorized to execute and the Clerk to attest to anyother documents necessary to effectuate the terms of this resolution.

 

STATEMENT: This resolution authorizes and consents to Planet Networks, lnc.’s installation of

fiber optic cables and related facilities on new and existing utility poles and conduits within the public rights-of-

way.

 

Date: September 14, 2020

Motion:

Second:

AIF:

I hereby certify the foregoing to be a true copy of a resolution adopted by the Township Committee of the Township of Knowlton, Warren County, State of New Jersey at a meeting held on September 14, 2020.

 

__________________________

Kristin Shipps, Municipal Clerk

 

 

TOWNSHIP OF KNOWLTON

COUNTY OF WARREN, STATE OF NEW JERSEY

RESOLUTION 2020-113

 

RESOLUTION MEMORIALIZING KNOWLTON TOWNSHIP’S ROUTE 80 “S-CURVE” SAFETY, MOBILITY AND CONGESTION TRANSPORTATION PROBLEM STATEMENT

 

WHEREAS, the curvy section of Route 80 between mile post 0.0 to 1.5 in Knowlton and Hardwick Townships, which travels through the Delaware Water Gap, is known as the S-Curve; and

WHEREAS, this portion of highway serves as entrance to the Delaware Water Gap National Recreation Area (DWGNRA) and Worthington State Forest; and

WHEREAS, on July 22, 2020, as a result of extensive research compiled by the resident I80 Coalition, Knowlton Township submitted a S-Curve Safety Problem Statement to the New Jersey Department of Transportation (NJDOT) focused on issues of Safety, Mobility, and Congestion in the narrow four-lane “s-curve” section; and

WHEREAS, the S-Curve was built in the 1950s, before the DWGNRA and Worthington State Forest were established, when freight traveled primarily by railroad, not highways, and when traffic volumes were low, and it has never been improved or upgraded to meet today’s highway standards and park use; and

WHEREAS, the first curve of the S-Curve, mile post 0 -1.0, contains seven design deficient NJDOT I80 Right of Way (ROW) entrance and exit ramps; and

WHEREAS, these seven ramps were not designed to be access points for the four high occupancy parking lots which are the property of either NJDOT, DWGNRA, or NJWST and directly border NJDOT I80 Right of Way (ROW); and

WHEREAS, although no accident study was available for review focused on mile post 0-1.0, area residents and local Fire and Rescue report this section to be known to have many multi vehicle accidents each year, including tractor trailers that flip over the edge,and down the embankment, with several known fatalities in recent years; and

WHEREAS , a NJDOT 2018 Dewberry Engineering Crash Analysis of mile post 1.0 to 1.5 studying New Jersey State Police (NJSP) accident reports from January 1, 2001 to December 31, 2016 identified 633 motor vehicle accidents with three fatalities and 226 injuries. 367 accident reports involved wet roadway conditions including 22 that specifically referenced ponding of water and / or hydroplaning and there was no direct evidence that water, mud or debris flow was coming over the concrete barrier from the mountain slope; and

WHEREAS , the NJDOT 2011 HNTB I80 Rockfall Mitigation Project Concept Development Report (2011 Rockfall CDR) identified crushed and clogged drainpipes in each of the four proposed project areas A, B, C and D; and

WHEREAS, although the NJDOT has known since 2011 that mile post 1.0 – 1.5 S-Curve section of I80 is design deficient, and the crash analysis conducted in 2018 noted this section has been known to have a 58% higher than the state average accident rate, the NJDOT has not introduced this problem into their Capital Improvements Program; and

WHEREAS, the seven entrance and exit ramps in the first section of the S-Curve between mile post 0.0 and 1.0 have not been upgraded since the 1950s,do not meet today’s acceleration and deceleration standards; and

WHEREAS, the DWGNRA and NJWSF note parked vehicles and visitor volume on these 7 ramps, with visitors attempting to park and walk on these ramps as well as the shoulder of I80, negatively impacts traffic on the interstate; and

WHEREAS, the DWGNRA 2019 Draft Visitor Use Management Plan noted this critical safety issue including it as a Near Term Goal, “Conduct a Traffic Safety Management Study with Federal Highway Administration (FHWA)”; and

WHEREAS, the Pennsylvania Department of Transportation (PennDOT) in its Purpose and Need Statement for the upcoming Monroe County I80 Expansion Project located 3 miles west of the S-Curve, noted the need to plan for the expected doubling of traffic volumes by 2045, citing 2013 volumes averaged approximately 47,300-70,500 vehicles par day to increase to 89,200 – 132, 800 vehicles per day; and

WHEREAS, In February 2012, Members of Knowlton Fire and Rescue (KTFR), concerned about public safety due to the high number of S-Curve accidents, and their members’ safety responding to these accidents, especially due to lack of suitable shoulders, sent a letter to NJDOT requesting signage; and

WHEREAS, in the Spring of 2012 Members of KTFR met with Knowlton and Hardwick Township Officials, Senator Oroho, Assemblywoman Allison Little McHose, and Assemblyman Gary Chiusano, District 24 (D24) soliciting support for their request for Signage in the S-Curve; and

WHEREAS, in April 2012, D24 sent a letter to NJDOT supporting the request for “the installation of warning signals to alert fast moving motorists of the dangerous road conditions ahead”; and

WHEREAS, in June 2019,US Congressman Josh Gottheimer sent a letter to NJDOT requesting “common-sense solutions to make the ‘S’ curve safer” by: lowering the speed limit to 35 mph, prominently displaying the speed limit with brightly-illuminated, flashing signs; and

WHEREAS, between August 2019 – May 2020, NJDOT did install warning signs before the S-curve alerting motorist of the dangerous S-Curve ahead, new speed limit signs before the S-Curve, more than 5 new arrow signs on one curve where they never existed before, and more than 9 arrow signs that had been taken out by tractor trailer accidents over the years and never replaced; and

WHEREAS, in July 2019, NJDOT responded to Congressman Gottheimer’s request to lower the speed limit to 35mph, stating this was not permitted as per N.J.P.L. 1997, Chapter 415, R.S.39:4-98; and

WHEREAS, in Sept. 2019, Congressman Gottheimer asked NJDOT to review N.J.P.L. 1997, Chapter 415, R.S.39:4-98 regarding the speed limit on interstate highways, to double check that the speed limit in the S-Curve cannot be lowered as previously claimed; and

WHEREAS, a Oct. 25, 2019, NJDOT Commissioner wrote in response to Congressman Gottheimer, “as the Commissioner of NJDOT, I have the authority to change the speed limit on an interstate whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than a reasonable or safe under the condition found to exist at any intersection or other place upon any part of highway”; and

WHEREAS, the Oct. 25, 2019, NJDOT letter referenced above also stated the NJDOT’s Bureau of Traffic Engineering will conduct a speed study along this portion to make a determination regarding the speed limit throughout the “S-Curve”; and

WHEREAS, to date, concerned Knowlton residents, local municipalities, local official and EMS have not seen nor heard any communication regarding the outcome of the speed study and the speed limit remains at 50mph; and

WHEREAS, the above noted history begins in 2011 and documents a neglect of known drainage issues, federal design deficiencies, a reluctance to take action on requested ways to make the S-Curve safer, and incorrectly interpreted law that is designed to allow for the possibility of lowering the speed limit when deemed appropriate; and

WHEREAS, neither NJDOT nor the North Jersey Transportation Planning Authority have S-Curve safety issues on publicly available future project lists.

NOW, THEREFORE, BE IT RESOLVED , this resolution memorializes the Knowlton Township Committee’s submission of the S-Curve Safety, Mobility and Congestion Transportation Problem Statement Request on July 22, 2020.

BE IT FURTHER RESOLVED, the Township Committee of Knowlton supports Congressman Gottheimer’s June 2019 request for a speed study and requests an update from the NJDOT on the timeline for the speed study.

 

BE IT FURTHER RESOLVED , the Township Committee of Knowlton requests arrow signs be put up on the Westbound, Mount Tammany side just before the entrance to the NJDOT lot to alert eastbound motorists of the sharp curve to the right where no arrow signs exist.

 

________________________________

Kristin Shipps, Municipal Clerk

September 14, 2020

Motion:

Second:

 

TOWNSHIP OF KNOWLTON

WARREN COUNTY, STATE OF NEW JERSEY

RESOLUTION 2020-115

 

RESOLUTION AUTHORIZING ENTRY OF SHARED SERVICE AGREEMENT FOR MUNICIPAL COURTSERVICES BETWEEN KNOWLTON TOWNSHIP AND THE TOWNSHIP OF ALLAMUCHY

 

WHEREAS , the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et. seq., authorizes municipalities to enter into agreements for the exchange and sharing of services; and

WHEREAS , N.J.S.A. 2B:12-1(c) allows two or more municipalities, by ordinance or resolution, to agree to provide jointly for courtrooms, chambers, equipment, supplies and employees for their municipal courts and agree to appoint judges and administrators without establishing a joint municipal court; and

WHEREAS , Allamuchy and Knowlton recognize the benefit to their respective communities in sharing Municipal Courts; and

 

WHEREAS, Allamuchy and Knowlton agree that a partnership to advance this shared service should be developed between the entities and is authorized by N.J.S.A.2B:12-1, et seq. and N.J.S.A.40A:65-1, et. seq.; and

 

WHEREAS, reductions in state aid and increased operating expenses are leading many municipalities in New Jersey to consolidate municipal courts; and

 

WHEREAS, the consolidation of municipal court operations can save costs by reducing the number of court facilities, reducing staff size, sharing court security measures, expanding management’s scope of control and consolidating administrative oversight, and

 

WHEREAS, at this time both Knowlton and Allamuchy are desirous of entering into the attached Shared Service Agreement, subject to approval by the Administrative Office of the Courts and the Vicinage Assignment Judge.

 

NOW, THEREFORE, BE IT RESOLVED, as follows:

 

  • All of the statements of the preamble are repeated and are incorporated herein by this referencethereto as though the same were set forth at length.

 

  • On behalf of the Township of Knowlton, the Mayor and the Clerk are hereby authorized to execute the Shared Services Agreement with the City of North Wildwood that is annexedhereto as Exhibit “A” and any other documents necessary in furtherance of same.

Date: September 14, 2020

Motion:

Second:

Committee Polled-- Cuntala-- McNinch-- Shipps-- Van Horn-- Starrs--

 

CERTIFICATION:

I hereby certify the foregoing to be a true copy of a resolution adopted by the Township Committee of the Township of Knowlton, Warren County, State of New Jersey at a regular meeting held on September 14, 2020

 

 

________________________

Kristin Shipps, Municipal Clerk

 

 

TOWNSHIP OF KNOWLTON

COUNTY OF WARREN, STATE OF NEW JERSEY

 

RESOLUTION 2020-116

 

RENEWAL OF LIQUOR LICENSES FOR 2020-2021

L’Auberg De France t/a Buckwood Bistro

 

WHEREAS, the following renewal application has been completed, the proper fees have been paid to the Division of Alcoholic Beverage Control and the Township of Knowlton; and

 

WHEREAS, the licensee is qualified according to all statutory, regulatory and local government NJABC laws and regulation.

 

 

NOW THEREFORE BE IT RESOLVED that the Township Committee of the Township of Knowlton, County of Warren, State of New Jersey approves the following NJABC liquor license renewal:

L’ Auberg De France t/a Buckwood Bistro 2113-33-001-002

 

Dated: September 14, 2020

 

Motion:

Second:

Committee Polled: Cuntala--, McNinch--, Shipps--, Van Horn--, Starrs--

 

 

 

I hereby certify the foregoing to be a true copy of a resolution adopted by the Township Committee of the Township of Knowlton, Warren County, State of New Jersey at a regular meeting held on September 14, 2020.

 

 

___________

Kristin Shipps, Municipal Clerk

 

 

 

TOWNSHIP OF KNOWLTON

COUNTY OF WARREN, STATE OF NEW JERSEY

RESOLUTION 2020-114

 

RESOLUTION URGING RESIDENTS TO REQUEST AN ENVIRONMENTAL IMPACT STATEMENT (EIS) ON THE ROUTE 80 ROCKFALL MITIGATION PROJECT

WHEREAS, as the recipient of federal transportation funds for the Route 80 Rockfall Mitigation Project, the New Jersey Department of Transportation (NJDOT) is required to comply with the Federal Highway Administration’s (FHWA) implementation of the National Environmental Protection Act (NEPA) regulations; and

WHEREAS,NEPA requires full disclosure of both positive and negative impacts for a project; and

WHEREAS, an Environmental Impact Statement (EIS) is a rigorous level of study that can be applied to large, complex NJDOT projects and is required by NEPA (under 23 CFR 771.123-127) for actions “significantly affecting the quality of the human environment;” and

WHEREAS, the NJDOT is not currently calling for an EIS on this project and is instead opting for a less substantial review called an Environmental Assessment or EA; and

WHEREAS, this $58 million project may cause social, economic, and environmental impacts that meet the legal definition of “significant” that include:

  • Loss of livelihood for area families: 25% of all jobs in the region are due to travel and tourism, which creates $3.3 billion in economic activity for the region. Four to five years of construction on the main thoroughfare may have serious and longterm consequences for families in this industry
  • Permanent impacts to the scenic resources of a national park: the Delaware Water Gap National Recreation Area
  • Impacts to the Appalachian National Scenic Trail
  • Permanent damage to Mount Tammany, which is part of the Delaware Valley Water Gap MacrositeIBA and is a Natural Heritage Priority Site
  • Permanent impact on rare geology, the Delaware Water Gap, which has national recognition

WHEREAS,in letters dated July 12, 2018 and September 4, 2019 the NJDOT deniedrequests for a study of the economic and commercial impacts of this project on the basis that there will be “unimpeded traffic flow” during this four- to- five-year construction project that will involve using extensive blasting and explosives on Mount Tammany; and

WHEREAS, the NJDOT has written that “unimpeded traffic flow” will occur despite the fact that computer modeling shows tractor-trailers cannot pass through the proposed construction zone’s narrowed and curving lanes without contact; and

WHEREAS,the NJDOT asserts that detours will not be necessary, yet high traffic volume, duration of construction, and requisite blasting with explosives make it likely that congestion will occur; and

WHEREAS,all the above illustrate the critical need for an EIS, which will provide a deeper level of study regarding the impacts of the proposed project.

NOW, THEREFORE, BE IT RESOLVED, the Township Committee of Knowlton urges all citizens to submit a letter requesting an EIS on the Route 80 Rockfall Mitigation Project in Knowlton and Hardwick Townships to the NJDOT and FHWAusing the link at the I80 Coalition website at www.rockdiculous.com . Alternately, letters can also be emailed to: I80rockfall@dot.nj.gov andvaleriya.remezova@dot.gov.

 

September 10, 2020

Motion:
Second:

All in Favor:

 

 

________________________________

Kristin Shipps, Municipal Clerk

 

 

 

 

 

 

Knowlton Township Warren County New Jersey