Borough Council

AGENDA COUNCIL BUSINESS MEETING June 12, 2024 1. Call Meeting to Order 2. Sunshine Law - Notice of this meeting has been duly advertised in compliance with the provisions of the open public meetings law. Please be advised that this meeting will be recorded for possible later playback. 3. Flag Salute 4. Roll Call 5. Resolution 2024:106 Executive Session BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the Mayor and Council are now going into closed session to discuss Legal Updates and Personnel. a. Legal updates b. Personnel 6. Payment of Bills 7. The following reports have been filed and are available in the respective offices for review and will be included in the minutes: a. Tax Collector’s Report b. Sewer Report c. Treasurer’s Report d. Engineer’s Report 8. Second Reading Ordinance 2024:09 Privately Owned Salt Storage Ordinance 9. Second Reading Ordinance 2024:10 Amend Section 250-7F – Multiple Inspections 10. Second Reading Ordinance 2024:11 Non-Contractual Salary Ordinance 11. Second Reading Ordinance 2024:12 Amend Article I. General Penalty 1-1 Violations and penalties 12. First Reading Ordinance 2024:13 Model Tree Removal/Replacement Ordinance 13. First Reading Ordinance 2024:14 Amend Ordinance Chapter 276 – Solid Waste & Recycling (by Title only) Page 1 of 23 14. First Reading Ordinance 2024:15 Amend Chapter 150-35 Fees (by Title only) 15. First Reading Ordinance 2024:16 Amend Chapter 345 – Vehicles & Traffic 16. First Reading Ordinance 2024:17 Bamboo Ordinance 17. First Reading Ordinance 2024:18 Amend Chapter 240 – Property Maintenance Code 18. CONSENT AGENDA: The items listed below are considered routine by the Borough of Lindenwold and will be enacted by one motion. There will be no formal discussion of these items. If discussion is desired, this item will be removed from the Consent Agenda and will be considered separately. Resolution 2024:107 – 2024:116 Resolution 2024:107 MOU – Camden County Department of Health WHEREAS, the Borough of Lindenwold recognizes there is a need to provide a Congregate Nutrition Site for our seniors, and WHEREAS, a Memorandum of Understanding has been authorized by the Camden County Department of Health and Human Services Division of Senior and Disabled Services located at 520 Market Street, Camden, New Jersey, by agreement adopted and approved by Camden County on May 16, 2024, to provide Congregate Nutrition services at the Borough of Lindenwold Senior Center, located at 2119 South White Horse Pike, Lindenwold, New Jersey, and for the Lindenwold Senior Center to participate in the Camden County food services program, and WHEREAS, the Memorandum of Understanding is in effect from June 1, 2024 through December 31, 2024, for the purposes set forth in the Memorandum of Understanding. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Mayor is authorized to execute on behalf of Lindenwold Borough, the Memorandum of Understanding with Camden County Department of Health and Human Services Division of Senior and Disabled Services for a Congregate Nutrition Site. Resolution 2024:108 Allowing Disabled Vets to Park in Disabled Parking Spots RESOLUTION IN SUPPORT OF THE NJ STATE LEGISLATIVE BILL A2193 - CREATION OF LICENSE PLATES THAT ALLOW DISABILED VETERANS TO PARK IN PARKING SPOTS RESERVED FOR PERSONS WITH DISABILITIES Page 2 of 23  WHERAS, the bill requires the creation of license plates that allow disabled veterans to park in parking spots reserved for persons with disabilities. WHEREAS, disabled veteran means a resident of this State who is certified by the federal Department of Veterans Affairs as having any degree of service-connected disability. WHERAS, the plates allow disabled veterans to park in a parking space or zone that is restricted for use by a person with a disability, provided that the disabled veteran displays the veteran's valid, unexpired qualified disabled veteran license plate on the motor vehicle while parked in the parking space of zone. NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Lindenwold is in support of the NJ State Legislative Bill A2193 that requires creation of license plates that allow disabled veterans to park in parking spots reserved for persons with disabilities. Resolution 2024:109 Municipal Aid Application FY 2025 RESOLUTION: Approval to submit a grant application and execute a grant contract with the New Jersey Department of Transportation for the Linden Avenue & Oak Avenue FY2025 Roadway Improvement Project. NOW, THEREFORE, BE IT RESOLVED that Mayor & Borough Council of Lindenwold formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2025- Lindenwold Roadway Improvements, Linden & Oak Avenues - 00175 to the New Jersey Department of Transportation on behalf of Lindenwold Borough. BE IT FURTHER RESOLVED that Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of Lindenwold and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Certified as a true copy of the Resolution adopted by the Borough Council of the Borough of Lindenwold on this 12th day of June, 2024 Resolution 2024:110 Chapter 159 – Clean Communities 2024 WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and Page 3 of 23 WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $49,313.76 from the New Jersey Solid Waste Administration and wishes to amend its 2024 Budget to include this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 in the sum of $49,313.76 which is now available as a revenue from the State of New Jersey, and BE IT FURTHER RESOLVED that a like sum of $49,313.76 and the same is hereby appropriated under the caption of: Clean Communities Program BE IT FURTHER RESOLVED that the Borough Clerk forward two (2) copies of this resolution to the Director of Local Government Services for certification. Resolution 2024:111 Chapter 159 – Carver Avenue Improvements WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $246,218 from the New Jersey Department of Transportation Municipal Aid Program and wishes to amend its 2024 Budget to include this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 in the sum of $246,218 which is now available as a revenue from the State of New Jersey, and BE IT FURTHER RESOLVED that a like sum of $246,218 and the same is hereby appropriated under the caption of: New Jersey Department of Transportation Municipal Aid Carver Avenue Improvements Page 4 of 23  BE IT FURTHER RESOLVED that the Borough Clerk forward two (2) copies of this resolution to the Director of Local Government Services for certification. Resolution 2024:112 Chapter 159 – Local Recreation Improvement Grant WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $73,000 from the State of New Jersey and wishes to amend its 2024 Budget to include a portion of this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 in the sum of $73,000 is now available as a revenue from the New Jersey Department of Community Affairs, and BE IT FURTHER RESOLVED that a like sum of $73,000 and the same is hereby appropriated under the caption of: 2024 Local Recreation Improvement Grant – Carlton Rouh Park BE IT FURTHER RESOLVED that this resolution be sent to the Director of Local Government Services for certification. Resolution 2024:113 Renew Liquor License 2024-2025 BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the following liquor licenses are hereby approved for the year 2024- 2025: LICENSEE NUMBER Laurelwood Liquors (Angel Preet 1 LLC) 0422-44-006-007 P & J Bros.(Balsamo’s) 0422-33-003-008 Wah Way Inc.(Paul’s) 0422-33-002-005 La Esperanza 0422-33-007-012 Veer Liquors Inc.(Pike) 0422-44-015-007 URVI Wine LLC (Canals) 0422-32-011-011 Page 5 of 23 Don Tequila Bar/Grill LLC 0422-33-012-016 CLUB LICENSEE Lindenwold Moose 0422-31-014-001 POCKET LICENSE: Kuber Ganga of Lindenwold LLC 0422-33-010-005 Krish of Lindenwold LLC (Topica) 0422-33-009-007 Resolution 2024:114 Pet Licensing Late Fee AUTHORIZING A GRACE PERIOD FOR LATE FEES CHARGEABLE PURSUANT TO ORDINANACE CHAPTER 150. FEES WHEREAS, Ordinance Chapter 150. Fees – Article I. Fee Schedule – 150-7 - Dogs and other animals. Section G. Dogs and cats not registered by March 31 are subject to a late fee of $25; and WHEREAS, the Borough of Lindenwold believes it appropriate to delay the charging of Late Fees incurred pursuant to Ordinance Chapter 150 until June 15, 2024, for licenses renewed, or to be renewed, as required in Section 150-7G of the Borough Ordinances. NOW THEREFORE BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold that Late Fees chargeable pursuant to Borough Ordinance 150 shall be held in abeyance, and such late fees shall be chargeable commencing June 15, 2024, for any license as required pursuant to Section 150-7G of the Borough Ordinances. Resolution 2024:115 Authorizing Disposal of Surplus Property WHEREAS, the Borough of Lindenwold is the owner of certain surplus property which is no longer needed for public use; and WHEREAS, the Mayor and Council are desirous of selling said surplus property in an as is condition without express or implied warranties. NOW THEREFORE, be it RESOLVED by the Borough of Lindenwold, as follows: The sale of the surplus property shall be conducted through GovDeals pursuant to Resolution 2023:48 to participate in the Cooperative Purchasing Program with National Intergovernmental Purchasing Alliance Co. and administered by Sourcewell for the purchase of goods, products and services. The terms and conditions of the agreement entered into with GovDeals, #012821-GDI, is available online at govdeals.com and also available from the Borough of Lindenwold. The sale will be conducted online after publication in the Courier Post and the address of the auction site is govdeals.com. The sale is being conducted pursuant to Local Finance Notice 2021-18. Page 6 of 23 A list of the surplus property to be sold is as follows: #71 2007 FORD F-150 PICK-UP P.W. 1FTRX14W77FB63999 MG-76878 #D-1 2014 FORD EXPLORER POLICE 1FM5K8AR7EGA60461 L84-DNL #L-03 2017 FORD EXPLORER POLICE 1FM5K8AR8HGC26409 23697-MG #L-07 2017 FORD EXPLORER POLICE 1FM5K8AR6HGC26408 23695-MG #L-12 2017 FORD EXPLORER POLICE 1FM5K8AR6HGC26407 23696-MG Was L-15 2015 FORD EXPLORER POLICE 1FM5K8ARXFGB26390 23691MG #L-16 2017 FORD EXPLORER POLICE 1FM5K8AR6HGC26406 23698-MG #L-17 2017 FORD EXPLORER POLICE 1FM5K8AR6HGA94492 23651-MG Was L-19 2015 FORD EXPLORER POLICE 1FM5K8AR3FGB26389 15564-MG #L-20 2013 FORD EXPLORER POLICE 1FM5K8AR6DGB84560 MG-95941 Was D-1 2014 FORD EXPLORER POLICE 1FM5K8AR7EGA60461 L84-DNL The surplus property as identified shall be sold in an as-is condition without express or implied warranties with the successful bidder required to execute a Hold Harmless and Indemnification Agreement concerning use of said surplus property. The Borough of Lindenwold reserves the right to accept or reject any bid submitted. Resolution 2024:116 Certificate of Compliance EEOC Governing Body Certification of Compliance with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” WHEREAS, N.J.S.A. 40A:4-5 as amended by P.L. 2017, c.183 requires the governing body of each municipality and county to certify that their local unit’s hiring practices comply with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964,” as amended, 42 U.S.C. § 2000e et seq., (April 25, 2012) before submitting its approved annual budget to the Division of Local Government Services in the New Jersey Department of Community Affairs; and WHEREAS, the members of the governing body have familiarized themselves with the contents of the above-referenced enforcement guidance and with their local unit’s hiring practices as they pertain to the consideration of an individual’s criminal history, as evidenced by the group affidavit form of the governing body attached hereto. NOW, THEREFORE BE IT RESOLVED, That the Council of the Borough of Lindenwold, hereby states that it has complied with N.J.S.A. 40A:4-5, as amended by P.L. 2017, c.183, by certifying that the local unit’s hiring practices comply with the above-referenced enforcement guidance and hereby directs the Clerk to cause to be maintained and available for inspection a certified copy of this resolution and the required affidavit to show evidence of said compliance. I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON June 12, 2024. Page 7 of 23 19. Open to Council 20. Open to Public 21. Close to Public 22. Adjournment SECOND Reading of Ordinances Ordinance 2024:09 - Privately-Owned Salt Storage Ordinance SECTION I. Purpose: The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This ordinance establishes requirements for the storage of salt and other solid de- icing materials on properties not owned or operated by the municipality (privately-owned)* in Lindenwold Borough to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. SECTION II. Definitions: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. A. “De-icing materials” means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow. B. “Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. C. “Storm drain inlet” means the point of entry into the storm sewer system. D. “Permanent structure” means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). 1. Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials; 2. The design shall prevent stormwater run-on and run through, and the fabric cannot leak; Page 8 of 23 3. The structure shall be erected on an impermeable slab; 4. The structure cannot be open sided; and A fabric frame structure is a permanent structure if it meets the following specifications: 5. The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall. E. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. SECTION III. Deicing Material Storage Requirements: A. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th, but no longer than 30 days without prior written approval from the Department: 1. Materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run- through; 2. Materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, and/or ditches or other stormwater conveyance channels; 3. Materials shall be formed in a cone-shaped storage pile; 4. All storage piles shall be covered as follows: a. The cover shall be waterproof, impermeable, and flexible; b. The cover shall extend to the base of the pile(s); c. The cover shall be free from holes or tears; d. The cover shall be secured and weighed down around the perimeter to prevent removal by wind; e. Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. (1) Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly- cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used. 5. The site shall be free of all de-icing materials between April 16th and October 14th. Page 9 of 23 B. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of solid deicing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 -April 15. C. The property owner shall designate a person(s) responsible for operations at the site where these materials are stored, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. SECTION IV. Exemptions: This ordinance does not apply to facilities where the stormwater discharges from salt storage activities are regulated under another NJPDES permit. SECTION V. Enforcement: This ordinance shall be enforced by the [Police Department and/or other Municipal Officials of Lindenwold Borough during the course of ordinary enforcement duties. SECTION VI. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall upon conviction thereof, before the Municipal Court of Lindenwold Borough, be subject to a fine not exceeding $500.00 or imprisonment in the County Jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge before whom such a violation occurs or continues. SECTION VII. Severability: Each section, subsection, sentence, clause, and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this Ordinance. SECTION VIII. Effective Date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. ORDINANCE 2024-10 Amend Section 250-7F, Multiple Inspections Section 250-7F, Multiple Inspections F. Multiple inspections. It is the intent of this ordinance that each rental unit be inspected at least once a year but not necessarily more than once a year, except as set forth in Subsection G. In those instances where a unit is inspected for a reason other than the annual inspection under this ordinance, either through a certificate of occupancy inspection or a New Jersey DCA inspection occurring within the preceding twelve-month period, that inspection shall count as the annual Page 10 of 23 inspection under this ordinance provided the same is permitted by the Administrative Code of the State of New Jersey. The owner shall be responsible for providing proof to the Local Housing Inspector that said inspection(s) was made and for obtaining written confirmation from the Borough that said inspection(s) satisfies the requirements of this chapter. The owner shall provide written proof of any New Jersey DCA inspection to the Housing Inspector, including the results of the DCA inspection. The owner shall only obtain a waiver of the Borough annual inspection once in every Five (5) year period, as a result of a scheduled DCA inspection. In the event a scheduled DCA inspection is postponed or otherwise rescheduled to a following year for any reason, the Owner shall be limited to a waiver of the Borough annual inspection as required pursuant to this Section, only for the year in which the DCA inspection was originally scheduled by the DCA, or otherwise claimed to be originally scheduled by the Owner. It shall be the responsibility of the owner to notify the Borough of any rental units that have been inspected, by either the Borough or State of New Jersey, within the preceding 12 months. The owner shall notify the Borough in writing, of the previous inspections, for which the owner is seeking exemption under this provision, within 10 calendar days of the scheduled inspections. Failure on the part of the owner to provide written notice of the previous inspections shall be construed as a waiver of any exemption, and the Borough shall have the right to inspect all rental units, pursuant to the provisions of this ordinance. ORDINANCE 2024-11 Non-Contractual Salary Ordinance BE IT ORDAINED by the Mayor and Borough Council of the Borough of Lindenwold, County of Camden and State of New Jersey as follows: SECTION 1. The following salaries shall be paid at the time designated to the officers and non-union employees of the Borough of Lindenwold, County of Camden and State of New Jersey while in the employ of the Borough of Lindenwold, who hold or are appointed to the positions enumerated below beginning January 1, respectively. 2024 TITLE PAYABLE ANNUAL Administrator Bi-weekly 25,173 Superintendent of Public Works Bi-weekly 122,247 Assistant Superintendent of Public Works Bi-weekly 10,200 Mechanic I Bi-weekly 64,817 Mechanic II Bi-weekly 65,357 Mechanic III Bi-weekly 60,325 Sewer Superintendent Bi-weekly 95,298 Borough Clerk Bi-weekly 87,404 Assistant Municipal Clerk Bi-weekly 61,911 Municipal Search Clerk Quarterly 732 Municipal Treasurer/Chief Financial Officer Bi-weekly 116,876 Account Clerk Bi-weekly 45,304 Municipal Tax Collector Bi-weekly 45,046 Property Maintenance Supervisor Bi-weekly 75,000 Housing Inspector I Bi-weekly 50,357 Housing Inspector II Bi-weekly 43,357 Housing Inspector III Bi-weekly 39,416 Crew Supervisor Bi-weekly 75,554 Crew Supervisor II Bi-weekly 75,045 Page 11 of 23 Court Administrator Bi-weekly 65,795 Deputy Court Administrator Bi-weekly 51,918 Police Administrative Services Manager Bi-weekly 58,650 Public Works Supervisor Bi-weekly 81,183 Custodian Bi-weekly 18.290/hr Only the above named positions are entitled to health benefits. 2024 TITLE PAYABLE ANNUAL Mayor Monthly 9,000 Marriage Officiant Monthly 200 per ceremony Council Members Monthly 8,000 Tax Assessor Bi-weekly 32,303 Tax Assessor-Pine Hill Bi-weekly 22,180 Tax Search Clerk Quarterly 1,195 Municipal Court Judge Monthly 37,673 School Traffic Guard Bi-weekly 15.13/hr. Fire Sub-Code Official Monthly 7,237 Fire Sub-Code Official Monthly 10,000 Effective 5/1/24 Electrical Sub-Code Official Monthly 14,076 Electrical Sub-Code Official Monthly 10,000 Effective 5/1/24 Plumbing Sub-Code Official Monthly 12,507 Emergency Management Coordinator Monthly 7,500 Asst. Emergency Management Coordinator Monthly 4,500 Construction Official Monthly 30,600 Construction Official Monthly 40,000 Effective 5/1/24 Code Enforcement Officer Trainee, Part Time Bi-Weekly 20.288/hr. Laborer, Part Time Bi-weekly 17.850/hr. Clerk, Part Time Bi-weekly 22.381/hr. Court Clerk, Part Time Monthly 186.44 per session Court Attendant, Part Time Bi-Weekly 86.15 per session Sanitary Code License Inspector Bi-Weekly 2,653 Class III Special Law Enforcement Officer Bi-Weekly 32.00/hr. SECTION 2. The salaries and wages herein described and specified shall take effect January 1, 2024 and shall apply to the year 2024 and all years subsequent thereto, unless and until same have been changed as specified and provided by law. ORDINANCE 2024-12 Amend Chapter 1. General Provisions Article I. General Penalty; Construal of Provisions Section 1-1. Violations and penalties § 1-1Violations and penalties. A. Maximum penalty. For violation of any provisions of this chapter, any other chapter of this Code or any other ordinance of the Borough, the maximum penalty, upon conviction, shall be one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not Page 12 of 23  exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days. In the event that the legislature authorizes an increase in penalties in accordance with N.J.S.A. 40:49-5, then and in that event it is the intent of this subsection that any and all such increased penalties shall apply to any violations occurring hereunder. 1- [Amended 12-12-2018 by Ord. No. 2018-116] FIRST Reading of Ordinances Ordinance 2024:13 - Tree Removal-Replacement Ordinance WHEREAS, the New Jersey Department of Environmental Protection 2023 Tier A MS4 Permit Renewal requires municipal permittees to adopt and enforce a municipal wide Tree Removal and Replacement Ordinance where the municipality has jurisdiction; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Lindenwold, County of Camden, State of New Jersey, as follows: SECTION I. Purpose: An ordinance to establish requirements for tree removal and replacement in Lindenwold Borough to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare. SECTION II. Definitions: For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory. A. “Applicant” means any “person”, as defined below, who applies for approval to remove trees regulated under this ordinance. B. “Critical Root Radius (CRR)” – means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6” DBH would have a CRR = 6”x1.5’ = 9’. C. “Diameter at Breast Height (DBH)” means the diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the Page 13 of 23 tree. For species of trees where the main trunk divides below the 4 ½ foot height, the DBH shall be measured at the highest point before any division. D. “Hazard Tree” means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. [Municipalities may choose to require a Licensed Tree Expect to make all Hazard tree determination] 1. Has an infectious disease or insect infestation; 2. Is dead or dying; 3. Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; 4. Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or 5. Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE). E. “Person” means any individual, resident, corporation, utility, company, partnership, firm, or association. F. “Planting strip” means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. G. “Resident” means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed. H. “Street Tree” means a tree planted in the sidewalk, planting strip, and/or in the public right- of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges. I. “Tree” means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. J. “Tree Caliper” means the diameter of the trunk of a young tree, measured six (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (12) inches above the soil line. Page 14 of 23  K. “Tree removal” means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species. SECTION III. Regulated Activities: A. Application Process: 1. Any person planning to remove a street tree, as defined as Tree removal, with DBH of 2.5” or more or any non-street tree with DBH of 6” or more on their property shall submit a Tree Removal Application to the Borough of Lindenwold Code Enforcement Official. No tree shall be removed until municipal officials have reviewed and approved the removal in accordance with this Ordinance. All Site Plans filed with the Township Planning/Zoning Board shall comply with the requirements of this Ordinance as part of its application filed with the Board. B. Tree Replacement Requirements: 1. Any person who removes one or more street tree(s) with a DBH of 2.5” or more, unless exempt under Section IV, shall be subject to the requirements of the Tree Replacement Requirements Table below. 2. Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of 6” or more per acre, unless otherwise detailed under Section IV, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with Appendix A attached hereto and incorporated by reference. Replacement tree(s) shall: 1. Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in the table below; 2. Be planted within twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the municipality; 3. Be monitored by the applicant for a period of two (2) years to ensure their survival and shall be replaced as needed within twelve (12) months; and Page 15 of 23  4. Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements. Tree Replacement Requirements Table: Category Tree Removed Tree Replacement Criteria (See Appendix A) (DBH) 1 DBH of 2.5” (for Replant 1 tree with a minimum tree caliper of 1.5” for each street trees) or 6” (for tree removed non-street trees) to 12.99” 2 DBH of 13” to 22.99” Replant 2 trees with minimum tree calipers of 1.5” for each tree removed 3 DBH of 23” to 32.99” Replant 3 trees with minimum tree calipers of 1.5” for each tree removed 4 DBH of 33” or Replant 4 trees with minimum tree calipers of 1.5” for each greater tree removed C. Replacement Alternatives: 1. If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following: a. Plant replacement trees in a separate area(s) approved by the municipality. b. Pay a fee of (amount to be set by municipality) per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees. SECTION IV. Exemptions: All persons shall comply with the tree replacement standards outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption including photographs and/or statements from New Jersey licensed tree experts per N.J..A. 45:15C-11 or an arborist. A. Residents who remove less than four (4) trees per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. [The number of trees removed is a rolling count across a five-year period. For example, if 3 trees from category 1 are removed in July 2023, the ‘count’ resets to zero in July 2028. However, if 1 tree from category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.] Page 16 of 23  B. Tree farms in active operation, nurseries, fruit orchards, and garden centers; C. Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality; D. Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan. E. Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan; F. Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife; G. Hazard trees may be removed with no fee or replacement requirement. SECTION V. Enforcement: This ordinance shall be enforced by the Borough Zoning Officer or designee in consultation with the Borough Engineer. SECTION VI. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine of not less than the amount of the required replacement tree(s) and cost of planting, as determined by the Borough Engineer. SECTION VIII. Severability: Each section, subsection, sentence, clause, and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this Ordinance. SECTION VIII. Effective Date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. Introduced: June 12, 2024 Adopted: July 10, 2024 Appendix A Page 17 of 23  Approved list of Replacement tree Species and Planting Standards for Lindenwold Borough ROW Tree List Large Deciduous Trees (50-70’) Acer rubrum ’Armstrong’ ‘Armstrong’ Red Maple Red Fall Leaf Color Acer rubrum ’Autumn Blaze’ ‘Autumn Blaze’ Red Maple Orange/Red Fall Leaf Color Acer rubrum ’Bowhall’ ‘Bowhall’ Red Maple Narrow Habit Acer saccharum ‘Green Mountain’ ‘Green Mountain’ Sugar Maple Orange/Red Fall Leaf color Acer saccharum ‘Bowhall’ ‘Bowhall’ Sugar Maple Narrow Habit Gleditsia tricanthos inermis ‘Halka’ ‘Halka’ Honeylocust Small Leaflets Ginkgo biloba Ginkgo Yellow Fall Leaf color Ginkgo biloba ‘Princeton Sentry’ ‘Princeton Sentry’ Ginkgo Narrow Habit Gymnocladus dioicus Kentucky Coffeetree Plantanus x acerifolia 'Columbia' `Columbia’ Planetree Exfoliating Bark Platanus occidentalis American Sycamore Exfoliating Bark Quercus alba White Oak Quercus phellos Willow Oak Quercus rubra Red Oak Sophora japonica 'Regent' 'Regent' Scholar Tree Late Summer Flowers Tilia americana 'Redmond' ‘Redmond' Linden Tilia cordata ‘Greenspire’ ‘Greenspire’ Linden Ulmus americana 'Princeton' 'Princeton’ American Elm Ulmus 'Morton' Accolade' Accolade' Elm Zelkova serrata ‘Green Vase' ‘Green Vase’ Zelkova Zelkova serrata ‘Village Green' ‘Village Green’ Zelkova Medium Deciduous Trees (30-40’) Cladrastis kentukea Yellowwood White, Wisteria-like Spring Flowers Koelreuteria paniculata Goldenrain Tree Yellow flowers early summer Prunus kwanzan Kwanzan Cherry Pink flowers in spring Under Wire Deciduous Trees (20-30’) Amelanchier x grandiflora 'Autumn Brilliance' Serviceberry White Spring Flowers Cercis canadensis ‘Alba’ White Eastern Redbud White flowers early spring Cercis canadensis ‘Forest Pansy’ ‘Forest Pansy’ Redbud Purple flowers early spring Maackia amurensis Amur maackia White, Spikey Summer Flowers Syringa reticulata 'Ivory Silk' Japanese Tree Lilac Spring White Flower Panicles Ordinance 2024:14 Amend Ordinance Chapter 276 – Solid Waste & Recycling (by Title only) Ordinance 2024:15 Amend Chapter 150-35 Fees (by Title only) Page 18 of 23  Ordinance 2024:16 Amend Chapter 345 Vehicles & Traffic AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 345 (“VEHICLES AND TRAFFIC”) BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, AS FOLLOWS: SECTION 1. Purpose and Intent. The amendment(s) set forth herein shall serve the purpose of establishing reasonable and impartial regulations with regard to vehicular traffic within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 345 (“Vehicles and Traffic”) is hereby amended so as to include new Article III, to be entitled “Turn Prohibitions,” which Article shall read as follows: Article III Turn Prohibitions § 345-8 No Left Turns. No person shall make a left turn at any of the following locations: Name of Street Location White Horse Pike Egress driveway located on Block 154, Lots 1.01 and 4.01 (U.S. Route 30) (commonly known as 701 South White Horse Pike) SECTION 3. Repealer. Any and all other ordinances inconsistent with any of the terms and provisions of this ordinance are hereby repealed to the extent of such inconsistencies. SECTION 4. Severability. In the event that any section paragraph, clause phrase, term, provision or part of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, clause, term, provision or part thereof directly involved in the controversy in such judgment shall be rendered. SECTION 5. Effective Date. This ordinance shall take effect upon final passage and publication as provided by law. Page 19 of 23  Ordinance 2024:17 – Bamboo Ordinance AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD CHAPTER 240-10 (“MAINTENANCE OF EXTERIOR PREMISES AND BUILDINGS”) BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, AS FOLLOWS: SECTION 1. Purpose and Intent. The amendment(s) set forth herein shall serve the purpose of establishing reasonable and impartial regulations with regard to bamboo and other invasive plants within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 240- 10 (“Maintenance of Exterior Premises and Buildings”) is hereby amended so as to include a new sub-paragraph G, to be entitled “Invasive Plants,” which Article shall read as follows: § 240-10 (G) Invasive Plants. 1. As used in this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata, and shall include all species of invasive spreading bamboo. Invasive plants shall include, but not be limited to, ragweed, multiflora rose, kudzu-vine, poison ivy, and all other native and non-native vines and vegetation that grow out of place and are competitive, persistent, and pernicious. 2. No person shall plant running bamboo within the boundaries of the Borough of Lindenwold unless that person is a landscape architect licensed pursuant to P.L.1983, c.337 (C.45:3A-1 et al.) or a home improvement contractor registered with the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.2004, c.16 (C.56:8-136 et seq.), or an employee or contractor of a licensed landscape architect or registered home improvement contractor, and the person plants the running bamboo in compliance with the requirements of this section. 3. A licensed landscape architect or registered home improvement contractor, or employee or contractor thereof, shall not plant running bamboo on any property within 100 feet of the property boundary line or a public right-of-way unless: (a) the running bamboo is contained by a properly constructed barrier system that prevents the spread Page 20 of 23  of roots underground; or (b) the running bamboo is planted above ground in a container or planter so that it is contained and does not come into contact with the surrounding soil. 4. The owner of any property located within the Borough of Lindenwold, including any agent thereof, shall not permit to exist running bamboo on their property within 100 feet of the property boundary line or a public right-of-way unless: (a) the running bamboo is contained by a properly constructed barrier system that prevents the spread of roots underground; or (b) the running bamboo is planted above ground in a container or planter so that it is contained and does not come into contact with the surrounding soil. 5. The owner of any property located within the Borough of Lindenwold, including any agent thereof, upon which running bamboo exists, or is otherwise planted pursuant to this section, including any subsequent purchaser of the property or person who takes possession of the property pursuant to a foreclosure or other legal action, shall be responsible for maintaining the running bamboo on their property in compliance with subsection 3. and 4. of this section. Any property owner who fails to properly maintain, or otherwise contain, the running bamboo on their property in compliance with this section shall be liable for all damages caused to any adjacent property by the running bamboo, including, but not limited to, the cost of removal of any running bamboo that grows on the adjacent property. 6. If the spread of running bamboo onto an adjacent property is the result of improper planting of the bamboo by a licensed landscape architect or registered home improvement contractor, in violation of subsection 3. of this section, the person who owns the property on which the running bamboo was planted, and who is being held liable for damages to the adjacent property, may seek indemnification from the licensed landscape architect or registered home improvement contractor. 7. All invasive plants must be maintained and kept at a distance of at least 100 feet of the property boundary line or any public right-of-way, with the exception of running bamboo which complies with requirements of subsection 3. and 4. 8. Any person, including any property owner failing to maintain running bamboo on their property in conformity with subsection 3. or 4. of this section, who violates this section shall be subject to a fine, as set forth in Section 1-1 of the Municipal Code of the Borough of Lindenwold. If the violation is of a Page 21 of 23  continuing nature, each day during which it continues shall constitute a separate and distinct offense, subjecting the liable party to a fine for each day the violation continues. SECTION 3. Repealer. Any and all other ordinances inconsistent with any of the terms and provisions of this ordinance are hereby repealed to the extent of such inconsistencies. SECTION 4. Severability. In the event that any section paragraph, clause phrase, term, provision or part of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, clause, term, provision or part thereof directly involved in the controversy in such judgment shall be rendered. SECTION 5. Effective Date. This ordinance shall take effect upon final passage and publication as provided by law. Ordinance 2024:18 – Amend Chapter 240 – Property Maintenance Code Chapter 240. Property Maintenance Code Article IV. Enforcement 240-23. Services of complaints, notices and orders. (Amended 11-5-2024 by Ord. No. 2014-01; 5-10-2023 By Ord. No 2023-07) REVISE Section 240-23A A. “Complaints, Orders, or Notices of Violations issued by the local housing inspector, or their designee, pursuant to this Chapter shall be served upon the owner of the property, and/or a known property manager of the property, either personally or by registered mail. If the whereabouts of such persons is unknown and same cannot be ascertained by the housing inspector, or their designee, in the exercise of reasonable diligence, then the housing inspector, or their designee, shall make an affidavit to that effect, and then the serving of such order or complaint may be made by publishing the Notice once in a newspaper printed or circulated in the Borough of Lindenwold or County of Camden. A copy of such Complaint, Order, or Notice of Violation shall be posted in a conspicuous place on the premises affected by the Complaint, Order, or Page 22 of 23  Notice of Violation. A copy of the Complaint, Order, or Notice of Violation shall be duly recorded or lodged for record with the Camden County Clerk’s Office.” 240-33. Nuisances; abatement or correction by Borough; cost as lien. REMOVE Section C. Page 23 of 23