Borough Council

AGENDA COUNCIL BUSINESS MEETING July 10, 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 2024:123 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. Engineer’s Report 8. Second Reading Ordinance 2024:13 Model Tree Removal-Replacement Ordinance 9. Second Reading Ordinance 2024:14 Amend Ordinance Chapter 276 – Solid Waste & Recycling 10. Second Reading Ordinance 2024: 15 Amend Chapter 150-35 Fees 11. Second Reading Ordinance 2024:16 Amend Chapter 345 – Vehicles & Traffic 12. Second Reading Ordinance 2024:17 Bamboo Ordinance Page 1 of 25 13. Second Reading Ordinance 2024:18 Amend Chapter 240 – Property Maintenance Code 14. Second Reading Ordinance 2024:19 Sewer Utility Improvements 15. Second Reading Ordinance 2024:20 General Capital Improvements 16. 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 2024:124 – 2024:125 Resolution 2024:124 Shared Service Agreement – LED Crosswalk Signs RESOLUTION OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, AUTHORIZING THE PURCHASE, INSTALLATION, AND MAINTENANCE OF SOLAR POWERED FLASHING PEDESTRIAN CROSSWALK SIGNS AND AUTHORIZING A SHARED SERVICES AGREEMENT WITH THE COUNTY OF CAMDEN. WHEREAS, the Borough of Lindenwold maintains an interest in facilitating safe and responsible crosswalk areas for pedestrians along Laurel Avenue aka Laurel Road at the area of the existing school crossing, Chews Landing - Clementon Road at the area of the existing school crossing, and Gibbsboro - Clementon Road at the area of the existing school crossing, all of which are located in the Borough of Lindenwold, on behalf of the residents of the Borough of Lindenwold, and WHEREAS, in furtherance of this interest in maintaining safe and responsible crosswalks, the Borough of Lindenwold has determined to purchase, install, and maintain solar powered flashing pedestrian crosswalk signs in the areas of the existing school crossings located on Laurel Avenue, Chews Landing- Clementon Road, and Gibbsboro Roads, and WHEREAS, Laurel Avenue aka Laurel Road, Chews Landing - Clementon Road, and Gibbsboro - Clementon Road are all under the ownership, control, and operation of the County of Camden, and WHEREAS, the Borough of Lindenwold has requested permission from the County of Camden for Lindenwold to purchase, install, and maintain solar powered flashing pedestrian crosswalk signs in the areas of the existing school crossings located on Laurel Avenue, Chews Landing- Clementon Road, and Gibbsboro Roads. Page 2 of 25 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Borough of Lindenwold is authorized to purchase, install, and maintain solar powered flashing pedestrian crosswalk signs in the areas of the existing school crossings located on Laurel Avenue, Chews Landing- Clementon Road, and Gibbsboro Roads. The concept plans detailing the proposed locations of the crosswalk signs are attached to this Resolution as Exhibit A. BE IT FURTHER RESOLVED that this resolution is contingent upon receiving formal approval from the County of Camden that the Borough may proceed to purchase and install the solar powered flashing pedestrian crosswalk signs. In the event the County of Camden determines that it is in the best interests of the County to purchase and install the crosswalk signs, the Borough of Lindenwold shall be bound by that determination and provide the County of Camden with any assistance that may be required for the installation of the signs. BE IT FURTHER RESOLVED that the Mayor is authorized to execute on behalf of the Borough of Lindenwold, any necessary Shared Service Agreement with the County of Camden to further the purchase and installation of the solar powered flashing pedestrian crosswalk signs. Any shared services agreement shall contain a provision that the Borough of Lindenwold will be solely and exclusively responsible to maintain the solar powered flashing pedestrian crosswalk signs at the specified crosswalk locations. Resolution 2024:125 Transfer Liquor License – Veer Liquors dba Pike Liquors WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Distribution License #0422-44-015-007, heretofore issued to Veer Liquors, Inc. dba Pike Liquors and Mike’s Liquor Inc. WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term, and WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 44 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 44, and WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business, and NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold does hereby approve effective July 10, 2024 the person to person transfer of the aforesaid Plenary Retail Distribution License to Mike’s Liquor Inc. located at 619 S. White Horse Pike, Lindenwold, NJ from Veer Liquors, Inc. dba Pike Liquors and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership as follows: “This Page 3 of 25 license, subject to all its terms and conditions, is hereby transferred to Mike’s Liquor Inc. located at 619 S. White Horse Pike, Lindenwold, NJ effective July 10, 2024. 17. Open to Council 18. Open to Solicitor 19. Open to Public 20. Close to Public 21. Adjournment SECOND 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. Page 4 of 25 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 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. Page 5 of 25  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. 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. Page 6 of 25 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 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: Page 7 of 25  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.] 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. Page 8 of 25 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. Appendix A 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’) Page 9 of 25 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 BOROUGH OF LINDENWOLD ORDINANCE NO. 2024:14 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 276 (“SOLID WASTE AND RECYCLING”) 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 Solid Waste and Recycling Collections within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 276 (“Solid Waste and Recycling”) is hereby amended as follows: § 276-5 Definitions- Resident. “Any person occupying or maintaining a place or residence within the Borough, occupying a single family home, unit in a multifamily dwelling, or condominium unit.” § 276-6 Intention. Section 276A(1) is amended as follows: § 276-A(1) “Where the residential property lies in an area deemed unsuitable by the Superintendent of Public Works, pursuant to § 276-6(E), for automated pickup with the use of Solid Waste or Recycling Cart Containers, residents shall use approved dumpster containers furnished to the property.” Inclusion of a new Section 276-6E as follows: § 276-6(E) The Superintendent of Public Works, or their designee, shall determine if a property subject to Lindenwold Borough Solid Waste or Recycling Collection pursuant to this Chapter, shall be serviced by the use of Solid Waste and Recycling Dumpster Containers or 96 gallon Solid Waste and Recycling Carts. The Superintendent of Public Page 10 of 25  Works, or their designee, shall determine the type of collection service best suited for the property, taking into account any relevant factors including but not limited to the size of the property; topography; number of buildings; number of units; road conditions; road dimensions; size, operation, and any specifications of the collection apparatus utilized by the Borough in collecting solid waste or recyclables; efficiency of collection; fire regulations; number of necessary parking spaces required per ordinance; number of residents residing on the property if known; past history of collections at the property; any data concerning solid waste and recycling generated or collected at the property; and any other information which the Superintendent, or their designee, finds of assistance in making this determination. Nothing in this section shall limit the provisions of Chapter 190 of this Code, or the authority of the Lindenwold Borough Land Use Board to determine solid waste and recycling collection requirements for any property making application before the Board. Inclusion of a new Section 276-6F as follows: § 276-6(F) The Superintendent of Public Works, or their designee, shall determine the number, size, and location of Solid Waste and Recycling Dumpster Containers on any property determined by the Superintendent of Public Works, or their designee, to require, or to be better serviced by, the use of Dumpster Containers. The Superintendent of Public Works, or their designee, shall take into account any relevant factors including but not limited to the size of the property; topography; number of buildings; number of units; road conditions; road dimensions; traffic patterns; size, operation, and any specifications of the collection apparatus utilized by the Borough in collecting solid waste or recyclables; efficiency of collection; efficiency of placement and size in relation to buildings being serviced; fire regulations; number of necessary parking spaces required per ordinance; number of residents residing on the property if known; past history of collections at the property; any data concerning solid waste and recycling generated or collected at the property; and any other information which the Superintendent, or their designee, finds of assistance in making this determination. 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 11 of 25  Ordinance 2024:15 Amend Chapter 150-35 Fees BOROUGH OF LINDENWOLD ORDINANCE NO. 2024-15 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 150-35 (“CHARGES FOR ADDITIONAL SOLID WASTE AND RECYCLING CONTAINERS AND COLLECTIONS”) 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 fees with regard to Additional Solid Waste and Recycling Containers and Collections within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 150-35 (“Charges for Solid Waste Utility”) is hereby amended as follows: § 150-35 the title of this section is amended to “Charges for Additional Solid Waste and Recycling Containers and Collections.” § 150-35A this section is amended as follows: §150-35A Additional Solid Waste Collections. (1) A fee for a second residential solid waste collection shall be paid in a lump sum annually at the beginning of each year, to be calculated at the sum of $7.00 per residential unit per month. An additional Section 150-35D shall be included as follows: §150-35D Residential Unit Defined. “For purposes of this section, residential units shall be defined as a structure, or an entirely self-contained portion thereof, which is designated for occupancy principally as a place of residence of one house keeping unit, and which contains facilities for cooking, sleeping, bathing, and human sanitation which are used for the exclusive use of the occupants of the dwelling. An individual apartment unit within a multifamily dwelling, an individual condominium unit within a Condominium Association, and a single family home shall all be classified as a single residential unit.” 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. Page 12 of 25  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 2024-16 – Amend Chapter 345 – Vehicles and 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. Page 13 of 25  SECTION 5. Effective Date. This ordinance shall take effect upon final passage and publication as provided by law. BOROUGH OF LINDENWOLD ORDINANCE NO. 2024-17 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. Page 14 of 25 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 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. Page 15 of 25  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 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 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 Page 16 of 25  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 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. ORDINANCE 2024-19 BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF EQUIPMENT AND THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS FOR THE SEWER UTILITY IN AND FOR THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $1,975,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $1,975,000 MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows: Page 17 of 25  Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Borough of Lindenwold, County of Camden, New Jersey ("Borough"). Section 2. It is hereby found, determined and declared as follows: (a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $1,975,000; and (b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $1,975,000. Section 3. The sum of $1,975,000, to be raised by the issuance of bonds or bond anticipation notes, is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance"). Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $1,975,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law. Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Borough in an amount not to exceed $1,975,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser. Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $395,000. Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows: Estimate Down Amount Period of Purpose/Improvement d Payment of Usefulnes Total Obligations s Cost Page 18 of 25  A. Replacement of Various Sewer Force $500,000 $0 $500,000 40 years Mains within the Borough, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto B. Various Improvements to the Sewer 1,400,000 0 1,400,000 20 years Utility System including, but not limited to, Upgrades of Pump Stations, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto C. Acquisition of Various Equipment for 75,000 0 75,000 5 years the Sewer Utility System including, but not limited to, Bypass Pumping Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto TOTALS $1,975,00 $0 $1,975,00 0 0 Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 24.49 years. Section 9. Grants or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance, the costs of the purposes described in Section 7 above. Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $1,975,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy Page 19 of 25 ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof. Section 12. The applicable Capital Budget of the Borough is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection. Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes. Section 14. The Borough hereby covenants as follows: (a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code; (b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder; (c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes; (d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby. Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage. Page 20 of 25  ORDINANCE 2024-20 BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF CAPITAL EQUIPMENT AND THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS FOR THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $2,942,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,319,900 MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows: Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Borough of Lindenwold, County of Camden, New Jersey ("Borough"). Section 2. It is hereby found, determined and declared as follows: (a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $2,942,000; (b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $2,319,900; and (c) a down payment in the amount of $122,100 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11. Section 3. The sum of $2,319,900, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $122,100, which amount represents the required down payment, together with the sum of $500,000, which amount represents grants heretofore approved from the New Jersey Department of Transportation, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance"). Page 21 of 25  Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $2,319,900 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law. Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Borough in an amount not to exceed $2,319,900 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser. Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $600,000. Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows: Estimate Down Amount Period of Purpose/Improvement d Grants Payment of Usefulnes Total Obligations s Cost A. Acquisition of Various Replacement $1,369,00 $0 $68,450 $1,300,55 15 years Equipment for the Public Works 0 0 Department including, but not limited to, a Front End Loader, Rear Load Trash Truck, Front Load Trash Trucks, Mechanic Service Lift, and Zero Turn Mower, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto B. Various Improvements to Municipal 222,000 0 11,100 210,900 15 years Buildings including, but not limited to, roof replacements, HVAC improvements and lighting, together with the acquisition of all materials and Page 22 of 25  equipment and completion of all work necessary therefor or related thereto C. Acquisition of Information Technology 10,000 0 500 9,500 7 years Equipment for Municipal Building including, but not limited to, Servers, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto D. Reconstruction and/or Repaving of 1,100,000 500,000 30,000 570,000 10 years Various Borough Roads, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto E. Improvements to Various Borough 185,000 0 9,250 175,750 15 years Parks and Recreational Facilities, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto F. Installation of Storm Drains within the 56,000 0 2,800 53,200 40 years Borough, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto TOTALS $2,942,00 $500,000 $122,100 $2,319,90 0 0 Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 14.31 years. Section 9. Grants or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance, the costs of the purposes described in Section 7 above. Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is Page 23 of 25 increased by this Bond Ordinance by $2,319,900 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof. Section 12. The applicable Capital Budget of the Borough is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection. Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes. Section 14. The Borough hereby covenants as follows: (a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code; (b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder; (c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes; (d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby. Page 24 of 25  Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage. Page 25 of 25