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					                                  REGULAR MONTHLY MEETING
                              Of the Mayor and Council of the Borough of
                                     Harrington Park, New Jersey
                                              03/16/09

Meeting        The Regular Meeting of the Mayor and Council of the Borough of Harrington Park
Called to      was held on Monday, March 16, 2009, at the Municipal Center, 85 Harriot
Order          Avenue, Harrington Park, NJ, Mayor Paul A. Hoelscher presiding.

Mayor’s        The meeting was called to order at 8:00pm by Mayor Hoelscher who
Announce-      made the following announcement: “In compliance with Chapter 231,
ment           Public Law 1975, adequate notice of this meeting was made. It is included
               in the Annual Notice of Meetings posted on the bulletin board in the Municipal
               Center. Copies have been mailed to the PRESS JOURNAL, the BERGEN
               RECORD and the SUBURBANITE. A copy has been filed with the Borough
               Clerk and copies have been mailed to individuals requesting same.”

Roll Call      The following Council Members were present at roll call:
                  Mayor Hoelscher
               1. Councilman Betancourt                 4. Councilwoman Ryan
               2. Councilwoman Dunlea                   5. Councilman Evanella
               3. Councilman Pedersen                   6. Councilman Luciano

               Also present were Borough Clerk Susan S. Nelson, Borough Attorney John R. Dineen,
               Esq., and Boy Scout Robert O’Har.

Flag           Ms. Nelson led the Pledge of Allegiance.
Salute

Minute
Approvals:
Agenda         Agenda Meeting Dated: January 12, 2009
Meeting        Councilman Betancourt moved to approve the minutes of the Agenda Meeting of
1/12/09        the Mayor and Council dated January 12, 2009. Upon second by Councilwoman Dunlea,
               motion carried without dissenting vote.                              6-0

Consent        Councilman Evanella moved that the correspondence be accepted and become a
Corresp.       part of this meeting.
                              SEE ADDENDUM "AA" (pages                      )
               Upon second by Councilman Betancourt and without discussion, motion carried on roll
               call vote, all Council members present voting in the affirmative.     6-0

               Councilman Betancourt introduced the Council to Boy Scout Robert O’Har who was in
               attendance as part of his requirement toward his Eagle Scout award.

               COMMITTEE REPORTS:
TB
Bldg. Dept.    Councilman Betancourt gave the permit report for the Building Dept. for February:
               12 new permits, 3 permit updates representing 14 alterations, 1 new building, and 1
               addition. 13 permits were for private residences, and 2 were for public properties. The
               total monetary value was $103,652.00.

               The Councilman advised that he had received a letter from Robert Waldron requesting
               vacating the easement on his property between Tappan Road and Old Jug Court. The
               Councilman noted that he would look into the matter and advise Council accordingly.

Fire Dept.     Councilman Betancourt gave the Fire Dept. report for February: 5 alarms; 2 drills; 2
               inspections; 1 regular company business meeting; 1 officers’ meeting; 1 Interboro
               meeting; and 1 budget meeting with the Fire Commissioner.



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               The Councilman advised that he had met with the Chief and Company President on
               budget items – he will discuss later at this meeting. Additionally, he will ask for a re-vote
               on the wording from the lease agreement.

MD
Pondside
Park Use     Councilwoman Dunlea introduced the following Resolution:
Bergen Cath.                SEE ADDENDUM “A”
             Upon second by Councilman Pedersen and with the following comment, Resolution
             adopted on roll call vote with all Council members present voting in the affirmative.
                                                                                6-0
             Adopted: March 16, 2009



                                                                     ______________________________
                                                                           Mayor

               A letter will be provided for the Recreation Commission meeting on 3/18.

Authorization
to Sign Grant Councilwoman Dunlea introduced the following Resolution:
for School                   SEE ADDENDUM “B”
Field Rehab. Upon second by Councilwoman Ryan and with the following discussion, Resolution
              adopted on roll call vote with all Council members present voting in the affirmative.
                                                                                 6-0
              Adopted: March 16, 2009



                                                                     ______________________________
                                                                           Mayor

               Councilman Luciano asked if the funds raised from Sports Boosters will go to this
               project. Councilwoman Dunlea said that $10,000 will go to this project.

Env. Comm. Councilwoman Dunlea asked all to consider the information on the geese problem.

JNP
Police Dept. Councilman Pedersen gave the February police department report:
             February was last in the last 12 months for calls handled with no major incidents. The
             top three calls were complaints, general assistance, and false alarms.
             February was high in warrants and subpoenas, animal warden calls, and vacant homes
             checked.
             Overtime was $10,597.13: Court pay - $775.83; non-reimbursed - $8,924.46; reimbursed
             - $896.84.
             There was one juvenile incident, three criminal incidents with one arrest, and two crashes
             with two injuries.

MR            Councilwoman Ryan noted that the Board did not have a meeting. There are considering
Bd. of Health holding a health fair on April 25 (at the same time as the History Day event).

Bd. of Ed.     The Board has reported that the preliminary budget is $10,590,634. The Board is holding
               a budget hearing on April 2 at 8:00pm. ($9,756,330 to be raised by taxes – a 3cent
               increase per 100,000 assessed value.)
               The School Board Election is April 21 from 2:00-9:00pm.

GE             Councilman Evanella stated that the DPW report was on file with the Clerk. There were
               a few items of note: on Feb. 9 the DPW picked up 2 tons of cold patch asphalt in
               potholes around town until the warmer weather; Zeke Kelm retired on Feb. 13; the
               department performed many maintenance tasks for various other departments in the
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               Borough; Feb. 2 was the last recycling pick up by the DPW; leaves still at Highland
               composting site have been moved to Norwood; Feb. 17 they chased a squirrel out of the
               Borough Hall that had gotten in and spent the night – damage was repaired/cleaned up in
               his attempts to get out by the windows.

Stream      Councilman Evanella introduced the following Resolution:
Encroachment                SEE ADDENDUM “C”
Easement at Upon second by Councilwoman Dunlea and without discussion, Resolution adopted on
Pondside    roll call vote with all Council members present voting in the affirmative. 6-0
            Adopted: March 16, 2009



                                                                   ______________________________
                                                                         Mayor

               Councilman Evanella noted that he had some budget items for the DPW to discuss later.

GAL
Payment        Councilman Luciano introduced the following Resolution:
of Claims                      SEE ADDENDUM “D”
               Upon second by Councilman Evanella, and without comment, Resolution adopted on roll
               call vote with all Council members present voting in the affirmative. 6–0
               Adopted: March 16, 2009



                                                                   __________________________
                                                                         Mayor

               Old Business
               Councilman Betancourt noted he had the Fire Company lease information for closed
               session.
TB
COAH           Councilman Betancourt introduced the following Resolution:
Funding                       SEE ADDENDUM “E”
Shortfall      Upon second by Councilwoman Dunlea, and with the following discussion, Resolution
               adopted on roll call vote with all Council members voting in the affirmative except for
               Councilman Luciano.                                                        5-1
               Adopted: March 16, 2009



                                                                   _____________________________
                                                                         Mayor

               Councilwoman Dunlea asked if there was any choice in this matter – No there isn’t.
               Mr. Dineen advised that the numbers are not severe in 10 years.
               Councilman Betancourt said that spot zones can be challenged very easily.

               Councilwoman Dunlea asked who changes the signboard besides Mr. Budinich. The
               Mayor advised that no one else does at this time.

               Council members Pedersen, Ryan, Evanella, and Luciano had no old business to discuss.

               New Business
               Councilwoman Dunlea advised that sample stickers were available for review to be used
               by the garbage men for garbage that has recycling items in it to advise why their garbage
               was not picked up. There were a few different styles/colors to choose from.



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               Councilman Pedersen noted that Mr. Zeff had submitted a sample ordinance on idling of
               cars from the DEP.

               Council members Ryan, Evanella, and Luciano had no new business to discuss.

               MAYOR’S REPORT:
                  Asked all to clear their calendars for March 30 for a budget meeting. He will
                   advise soon.
                  Advised all that Councilman Betancourt received the Silver Beaver award for
                   scouting. He will be honored in May. The May meeting may have to be
                   rescheduled to accommodate the event.
                  Jack Miele (resident) has been accepted to West Point Military Academy. His
                   congressional nominations were from Garrett and Lautenberg. Congratulations to
                   Mr. Miele, who is also an Eagle Scout.
                  There is a shared services meeting in Norwood tomorrow night.
                  Asked Councilman Evanella to review Historical Preservation trust grants for a
                   joint Historical Society project.
                  Board of Education has extended an invitation to Council to attend a budget
                   meeting.
                  An ad-hoc committee has been formed for a Safety Committee with the co-chairs
                   to be Councilwoman Ryan and Councilman Evanella. This came about as a result
                   of meetings in Closter and JIF. Both Council members accepted and are
                   committed to this committee.
                  The B.C. JIF gave Harrington Park a Silver Safety Award – he wants the Gold
                   Award next year.

               Open to Public Discussion
               Councilman Evanella moved to open the meeting to public discussion. Upon second by
               Councilman Luciano, motion carried without dissenting vote.           6-0

               Steve Zeff – Burkhardt Lane – asked to discuss the idea of internet only vs. mailing and
               internet newsletter access. He handed out copies of a study on seniors in general, and a
               chart of seniors with internet access/knowledge. He spoke about aspects of the survey
               and its application to Harrington Park. He further noted the difficulties in viewing online
               documents in pdf. Form like the newsletter. He stressed that accessibility of the
               information is most important.

               Mayor Hoelscher thanked him for his efforts and voiced his agreement.
               Councilwoman Dunlea reminded Mr. Zeff of the Environmental Commission meeting in
               April.

               Closed to Public Discussion
               Councilman Pedersen moved to close the meeting to public discussion. Upon second by
               Councilman Betancourt, motion carried without dissenting vote.         6-0

               ORDINANCES
               Ordinances – 1st Reading
TB
Ord. #639  Councilman Betancourt introduced Ord. #639 on 1st reading by title only:
COAH                       SEE ADDENDUM “F”             (see pages    for complete ordinance)
Compliance
           Upon second by Councilman Pedersen and without discussion, Ordinance passed on 1st
           reading on roll call vote with all Council members present voting in the affirmative
           except Councilman Luciano with the sole dissenting vote.                    5-1

               Ordinances – 2nd Reading
TB
Ord. #635      Councilman Betancourt introduced Ordinance #635 on 2nd reading by title only:
COAH                       SEE ADDENDUM “G”             (see page for complete ordinance)
Overlay


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Zones          AN ORDINANCE TO CREATE CERTAIN OVERLAY ZONES TO CREATE
               AFFORDABLE HOUSING WITHIN THE BOROUGH OF HARRINGTON PARK

               Councilman Pedersen made the second.

               Open for Public Comment on Ord. #635 only
               Councilman Betancourt moved to open the meeting for public comment on Ord. #635
               only. Upon second by Councilman Pedersen, motion carried without dissenting vote.
                                                                                     6-0

               No one wished to be heard.

               Closed to Public Comment on Ord. #635 only
               Councilman Pedersen moved to close the meeting to public comment on Ord. #635 only.
               Upon second by Councilman Betancourt, motion carried without dissenting vote.
                                                                                      6-0

               Councilman Luciano asked if this ordinance pertained to spot zoning – yes. A brief
               discussion followed.

               Roll Call Vote on Ord. #635: 3-3
               Mayor Hoelscher broke the tie with a yes vote, making it:         4-3 Final Vote

TB
Ord. #637    Councilman Betancourt introduced Ordinance #637 on 2nd reading by title only:
Construction             SEE ADDENDUM “H”             (see pages for complete ordinance)
Dept. Fees
             AN ORDINANCE AMENDING SECTION 9A-2 OF CHAPTER 9A OF THE
             CODE OF THE BOROUGH OF HARRINGTON PARK ENTITLED
             “CONSTRUCTION CODES, UNIFORM FEES”

               Councilwoman Dunlea made the second.

               Open for Public Comment on Ord. #637 only
               Councilman Pedersen moved to open the meeting for public comment on Ord. #637 only.
               Upon second by Councilman Betancourt, motion carried without dissenting vote.
                                                                                      6-0

               No one wished to be heard.

               Closed to Public Comment on Ord. #637 only
               Councilman Pedersen moved to close the meeting to public comment on Ord. #637 only.
               Upon second by Councilman Evanella, motion carried without dissenting vote.
                                                                                      6-0

               Roll Call Vote on Ord. #637: 6-0

TB
Ord. #638      Councilman Betancourt introduced Ordinance #638 on 2nd reading by title only:
Bd. of Adj.                SEE ADDENDUM “I”             (see page for complete ordinance)
Fees
               AN ORDINANCE REGARDING BOARD OF ADJUSTMENT FEES WITHIN
               THE BOROUGH OF HARRINGTON PARK

               Councilman Pedersen made the second.

               Open for Public Comment on Ord. #638 only
               Councilman Pedersen moved to open the meeting for public comment on Ord. #638 only.
               Upon second by Councilman Evanella, motion carried without dissenting vote.
                                                                                      6-0


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               No one wished to be heard.

               Closed to Public Comment on Ord. #638 only
               Councilman Pedersen moved to close the meeting to public comment on Ord. #638 only.
               Upon second by Councilman Evanella, motion carried without dissenting vote.
                                                                                      6-0

               Roll Call Vote on Ord. #638: 6-0

               Closed Session
               Councilman Pedersen moved to close the meeting to the public for reasons of personnel,
               contract negotiations, and litigation. Upon second by Councilwoman Dunlea, motion
               carried without dissenting vote.                                                6-0
                                                                                        8:47pm

               Return to Open
               Councilman Betancourt moved to return to open session. Upon second by Councilman
               Evanella, motion carried without dissenting vote.                     6-0
                                                                                     9:02pm

               Shared Services - Building Department
               Mayor Hoelscher asked Council members Betancourt and Luciano to let him know if they
               cannot make the shared services meeting. Mr. Dineen advised that the language in the
               agreement he received is fine, but the dollar amounts are for Council to decide (capital,
               percentage, etc.). A representative from each town will decide on new appointments and
               location of office.

               Motion – Fire Company Lease
               Councilman Betancourt moved to reconsider adding language back into the lease
               agreement with the Fire Company for 50% of utilities expenses to be paid by the
               Borough. Upon second by Councilwoman Ryan, motion carried on roll call vote with
               Councilman Luciano the lone dissenting vote.                              5-1

               Mayor Hoelscher met with Anne Murphy at Bergen Community College for a program on
               budgets. With $18,906 less in state aid this year based on low tax rate and median
               income in town. They noted the reduction in library funding is not likely to be supported
               by the state.

               Budget discussions
               Councilman Evanella spoke about the street lighting billings:
               Line item #173 – traffic light at Old Hook Road intersection – we have been double-
               billed since 2001 when they switched to LED lights. An audit is being done on this light
               now by an independent electrician. Amount to budget in 2009 can be cut in half.
               Line item #175 – traffic light at Schraalenburgh Road intersection – can also be reduced
               in 1/2 for 2009.

               Councilman Betancourt noted that line item #028 – COAH Rev. – can be cut to $7,000.
               The Councilman advised that he had spoken to the Fire Dept. and Fire Co. to pursue more
               grants, and he has offered his help to write them.

               #155-2-027 Special Counsel – Police – after discussion the item can be changed to
               $20,000.

               #020 - Sr. Activities – a request was made to reduce the amount. The grant amount is
               $3,000 and it is a matching grant.
               #040 – Senior Van – the same discussion was held. The grant amount is matching.
               #030 – James McGuire Center – discussions about reducing the funding amount.

               Councilman Pedersen left at this time. 9:40pm



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                  Councilwoman Ryan asked about doing an energy audit. If there is no charge, Council
                  was okay with it.

                  The Chief’s vehicle was discussed.

                  Salary percentage increases were discussed.

                  Closed Session
                  Councilwoman Dunlea moved to close the meeting to the public for reasons of personnel
                  matters. Upon second by Councilman Luciano, motion carried without dissenting vote.
                                                                                         5-0
                                                                                         9:50pm

                  Councilman Betancourt left at 10:17pm.

                  Return to Open Session
                  Councilwoman Dunlea moved to return to open session. Upon second by Councilman
                  Evanella, motion carried without dissenting vote.                   4-0
                                                                                      10:30pm

                  Councilman Luciano asked about a meeting on March 30 to finalize budget figures - if
                  the meeting is not needed, we can cancel it. He would prefer starting at 7:00pm.

Adjournment There being no further business to come before the Council, Councilman Evanella
           moved that the Regular meeting of the Mayor & Council of the Borough of Harrington
           Park be adjourned. Upon second by Councilman Luciano and without discussion, motion
           carried without dissenting vote.                                        4-0

Meeting adjourned at 10:31pm on March 16, 2009.

Certification I herewith certify the foregoing to be true and correct as approved by the Mayor and
              Council of the Borough of Harrington Park at a meeting to be held on May 19, 2009.


                                                              ________________________________
                                                                  Borough Clerk

                  I herewith certify the foregoing on May 19, 2009.



                                                              ___________________________________
                                                                    Mayor

            (Minutes taken by S. Nelson, Borough Clerk)
____________________________________________________________________________________
____________________________________________________________________________
                                                    ADDENDUM “AA”
                                                   CORRESPONDENCE
02/17/09
Cablevision tariffs starting February 13, 2009 received.

New Jersey State Transportation Conference and Expo scheduled for May 13-15 in Atlantic City.

NJDEP has issued new permits for Boilers and Heaters.

Neglia Engineering had forwarded a copy (sent to Mr. Dineen) to Mayor and Council of the latest buffer updates for the
Pondside Park Project.

Borough of Closter has filed their Master Plan Reexamination Report to be amended to their Master Plan at the March 4,
2009 meeting.



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02/18/09
PSEG street opening notifications for 45 Giles Road and 122 Bogerts Mill Road/Pascack Avenue received.

Borough Resident Mr. Bruce Marshall correspondent to the Mayor and Council regarding his position to keep the Borough
Newsletter in the current printed format, and has also requested that there is additional information provided for ordinances
and policy decisions.

02/19/09
Hackensack Riverkeeper, Captain Bill Sheehan would like to make a presentation to the Borough Council, Planning and
Zoning Boards, and Environmental Commission to discuss the regulations and impact of C-1 waterways in the Borough.

Cheryl A. Shiber, Municipal Grant Consultant sent in correspondence and resume regarding her possible services available to
the community.

Copy of the Agreement for Professional Services was received from Neglia Engineering for the Lawn Surface, Irrigation and
Asphalt Walking Path for the HP School Field (Board of Education).

Fax received from Mr. and Mrs. Governale requesting the continuance of the printed Newsletter for the consideration of the
older residents that may not be computer savvy.

02/20/09
Copy (sent to Mr. Hakim) of COAH Overlay Site Selection review was received from Neglia Engineering.

SPH Corporation is offering a course to introduce green building terminology, concepts, projects and systems for the
municipality.

Northern Valley Regional Committee Meeting for CD Representatives is scheduled for February 26, 2009.

Tax Appeal filed by Ms. Judy Lu, 138 Spring Street, Block 711 Lot 8.

Mayor Hoelscher received email correspondence from COAH requiring the submission of a designee to maintain affordable
housing trust fund information. Designee is required to attend training classes in Trenton, NJ.

O & R has launched an on-line Outage Map to provide OEM additional information for the impact of storm related services.

02/23/09
JIF has invited the Mayor and Council to attend the Annual Safety Awards Breakfast, March 10, 2009 at Seasons in
Washington Township.

DEP has granted a 30-day extension to the pending application for Program # 0224-08-0002.1 concerning various lots in
Block 202.

CD has scheduled a Bankruptcy and Foreclosure Seminar on March 9, 2008 in Hackensack.

Max Spann Auctions has forwarded information to Mayor and Council returning non-producing property back to the tax rolls.

2008 Bergen County Open Space Recreation, Farmland and Historic Preservation rust Fund has awarded the Borough of
Harrington Park and the Board of Education $50,000 for the School Field Reconstruction and Walking Track.

Informational brochure received from Rehabco, Inc. who specializes in the development and implementation of activities
under the programs of COAH and CDBG.

02/24/09
Borough of River Edge has passed Resolution #09-82 Resolution to Request a Minimum of 35 Years Until Joseph
McGowen’s Next parole Date.

02/25/09
Borough of River Edge has adopted Resolution #09-83 to Amend the Current Binding Arbitration Laws.

02/26/09
NJDEP, FEMA and ISO have scheduled an informal workshop on the Community Rating System at the Little Falls Civic
center.

Tax Appeal Petition filed by Kathleen Magarro, 41 Hackensack Ave., Block 903, Lot 7

02/27/09
Bergen County Soil Erosion and Sediment Control Submission for the Lynn/Higgins Watercourse Cleaning Project was filed
by Neglia Engineering.

Riverside Cooperative meeting, March 18, 2009 will have County Executive Dennis McNerney attend to discuss shared
services. There will also be a demonstration of the truck-mounted self- contained paver that the County is considering.

03/02/09
Complete Count Committee Guide for the 2010 Census received.
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NJEIT Infrastructure Financing Program for the Lynn and Higgins Watercourse Cleaning project was submitted to Mr. Cach,
NJDEP by Neglia Engineering.

NJEIT Stimulus Program-Financial Addendum Submittal filed by Neglia Engineering-Full set of documents received for
Borough files.

Neglia Engineering has contacted NJDOT with response to comments for the HP School Safety project.

Assemblywoman Charlotte Vandervalk has thanked Mayor and Council for their support of bill A-3570 for the Abolishment
of COAH Third Round Regulations.

Board of Chosen Freeholders adopted the following Ordinances:
        No. 09-01 Construction of the Juvenile Detention Center
        No. 09-02 Adoption of the new fee schedule for the Department of Parks.
        No. 09-03 Authorization of Bonds for the Self Insurance Reserve Fund.

Neglia Engineering filed the Soil and Sediment Control Package for the NJDOT Safe Streets to School project.

New Milford passed Resolution 2009: 71 Binding Arbitration Amendment to provide municipalities with a fairer and more
appropriate process.

03/03/09
Mrs. Nelson received via e-mail the Tier A Municipal Stormwater General Permit-Final Renewal.

03/04/09
Specifications/Plan for Pondside Park Field Expansion was received from Neglia Engineering as per Mayor and Council
request.

Contract from Community Development for the HP School Field Reconstruction and Walking Track was received for
execution by the proper officials.

JIF has scheduled a hearing on March 19, 2009 in Westwood to discuss a proposed amendment of the Bergen County
Municipal Joint Insurance Fund Bylaws regarding Risk Management fees.

County Executive McNerney has informed Mayor Hoelscher that the County was recently awarded a NJ State 9-1-1
Consolidation Grant to provide the initial funding of analysis of the current 9-1-1 system.

03/05/09
Information received from Excel Environmental Resources, a consulting firm that specializes in grant submitting and
environmental issues.

Transportation Fast Facts was received from the Foundation of the New Jersey Alliance for Action.

NJLM has requested a latest update of their survey of police officers’ salaries and contract provisions.

Certificates of Insurance received from UWR for street opening bond and use of HP baseball fields.

Borough of Leonia passed Resolution #09-69 encouraging Legislature and the Governor to amend the current binding interest
arbitration laws.

Borough of Norwood passed Resolutions:
        #09:57 encouraging Legislature and the Governor to amend the current binding interest arbitration laws.
       #09:58 conclusion of Mayor and Council to set the next eligible parole date of Joseph McGowan should not be for a
minimum 35 years from now.

OPRA received (via fax) from David A. Avedissian, Esq. requesting all NJ Code Ordinances which govern intoxication or
public drunkenness.

03/06/09
Petition of Appeal filed by Jae Leem Choi, 119 Bogerts Mill Road Block 1503 Lot 6.

Mr. Joseph M. Zidek, Auction Manager, Coldwell Banker has services available to assist the Borough with the disposition of
any surplus properties.

COAH returned (and signed) the 4 originals of the Borough Escrow Agreement for the Affordable Housing Trust Fund to
obtain signatures from TD Bank.

03/09/09
Minutes from the February 18, 2009 Riverside Cooperative Meeting was received.

Bergen County’s Open Space Momentum, winter 2009 received.

Board of Chosen Freeholders introduced Ordinance No. 09-04 Planning and Economic Development Capital Improvements.
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Correspondence received from Robert J. Waldron, 57 Tappan Road, regarding the paper street/ sewer easement that runs
along his property.

Neglia Engineering sent a status update for the NJDOT Grant Closeout Documents for the Martha Road Improvement
Project.

The Harrington Park Historical Society has requested History Day on April 25, 2009 from 10am-2pm at Borough Hall
Municipal building.

Garden Club of Harrington Park has requested the use of the Harrington Park Municipal Building Parking lot for their Annual
Plant Sale on April 25, 2009 form 10am-2pm.

03/10/09
Tax appeal filed by Christine Potter, 222 Schraalenburgh Road, Block 1022 Lot 9.

NJ Department of Labor and Workforce Development has filed an Order to Comply with the Harrington Park Police
Department from their inspection on February 25, 2009.

03/11/09
Neglia Engineering faxed a copy of correspondence to Dr. Fried, Harrington Park Public School has requesting a Special
School Board meeting be scheduled in April to provide sufficient review time by the school Boards’ Attorney.

03/12/09
Correspondence received from Lerch, Vince, et al re: December 31, 2008 Annual Audit.

DEP has written to State Mayors, Freeholders and County Executives about the importance of municipal recycling and the
available recycling grants.

03/13/09
NJLM sent in the March 2009 Legislative Bulletin.

NJ Council of Special Transportation has invited the Municipality to join the COST Association which promotes and informs
on the issues pertaining to paratransit and community transportation services. Membership form included.

PSEG has extended the application deadline for the Low Income Home Energy Assistance Program to April 30, 2009.

Bruce Friedman of the NJ DEP sent an email explaining the options required by all municipalities for truck washing. (After
forwarding to Neglia engineering, it was confirmed that we will be in compliance once the DPW floor drain project is
completed.)

   _______________________________________________________________________________________________

                                                    ADDENDUM “A”

                                                     RESOLUTION

                                 BOROUGH OF HARRINGTON PARK

                                             BERGEN COUNTY

       WHEREAS, the Borough of Harrington Park has been approached by Bergen Catholic High
School concerning the use of the baseball field at Pondside Park for use by its freshman baseball team for
the hours of 2 p.m.-4:30 p.m. Monday through Friday until the earlier of the close of school for Bergen
Catholic, end of the baseball season or June 30, 2009 which ever is sooner; and

        WHEREAS, Bergen Catholic high school by and through its Recreation Director, Jack McGovern,
has offered a stipend of $50 per day for each day of use of the field by the freshman baseball team; and

         WHEREAS, the use of the baseball field is for a duly accredited and recognized high school
athletic team; and

        WHEREAS, the Borough has determined that the use of the field by a high school baseball team is
a consistent public use of public lands and is not inconsistent with the goals of the Recreation Commission.

       NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Harrington Park, County of Bergen, State of New Jersey, that subject to receipt of a letter from the
Harrington Park Recreation Commission of support for the proposed use by the Bergen Catholic Freshman
High School Baseball Team; the Borough shall afford and allow the use of Pondside Park baseball field for
the hours of 2 p.m.-4:30 p.m., Monday-Friday until the close of Bergen Catholic High School for the
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summer, the end of the freshman baseball season or June 30, 2009 which ever is sooner. Provided further
that the Athletic Director shall supply to the Borough of Harrington Park proof of insurance listing the
Borough of Harrington Park as an additional insured for use of the fields by the Bergen Catholic Freshman
High School Baseball Team. The Mayor, Borough Clerk, or such other authorized person is hereby
authorized to sign any document evidencing agreement for use of the fields.



                                           ADDENDUM “B”

                                            RESOLUTION

        BE IT RESOLVED, that the Mayor and Council of the Borough of Harrington Park wishes to
enter into a grant agreement with the County of Bergen for the purpose of using $50,000.00 in 2008
Open Space Trust Funds for Harrington Park School Field Reconstruction in the Borough of Harrington
Park; and

      BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Mayor Paul A.
Hoelscher to be a signatory to the aforesaid grant agreement; and

       BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Borough Clerk
Susan S. Nelson to sign all County vouchers submitted in connection with the aforesaid project; and

       BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the Harrington
Park Board of Education is liable for a dollar-for-dollar match for any funds awarded in accordance with
the Trust requirements.


                                           ADDENDUM “C”

                                             RESOLUTION

                                BOROUGH OF HARRINGTON PARK

                                           BERGEN COUNTY

        WHEREAS, the Mayor and Council of the Borough of Harrington Park are desirous of entering
into an agreement with the State of New Jersey Department of Environmental Protection in order to
obtain a Stream Encroachment Permit with regard to an area within Lot 1 of Block 107; and

       WHEREAS, pursuant to the terms of the Permit approved December 17, 2008, additional
documents are required to be executed and/or filed in order to comply with terms of the Permit,
including but not limited to a Grant of Conservation Restriction/Easement;

       NOW THEREFORE BE IT RESOLVED that the Mayor or such other authorized person is
hereby authorized to sign the Grant of Conservation Restriction/Easement, or any other such documents
required in order to comply with the terms of the agreement with the State of New Jersey Department of
Environmental Protection.


                                           ADDENDUM “D”

                             PAYMENT OF CLAIMS CERTIFICATION

I hereby certify that funds are available for the following disbursements:

       2008 Appropriation Reserve                                  $5,485.95
       2009 Current Fund                                           $1,420,057.29
       Payroll Account (February)                                  $179,330.04
       Trust Fund                                                  $4,776.68
       Dog Revenue Fund                                            $175.20
       Municipal Open Space Trust Fund                             $5,000.00
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ANNE MURPHY, CFO
March 16, 2009



                                           ADDENDUM “E”

                                           RESOLUTION

                       Borough of Harrington Park, Bergen County
                     Resolution of Intent to Appropriate Funds or Bond
                             in the Event of a Funding Shortfall

    WHEREAS, the Borough of Harrington Park, Bergen County has petitioned the Council on
Affordable Housing (COAH) for substantive certification of its adopted Housing Element and Fair Share
Plan; and

    WHEREAS, the plan submitted to COAH allocates funds for:
    1. Rehabilitation projects;
    2. New construction projects; and
    3. Accessory apartments

    WHEREAS, the Borough of Harrington Park anticipates that funding will come from the following
sources to satisfy these obligations:
    1. Development fees; and
    2. Interest

    WHEREAS, in the event that the above funding sources prove inadequate to complete the
affordable housing programs included in the Borough of Harrington Park’s COAH-certified Housing
Element and Fair Share Plan, the Borough of Harrington Park shall provide sufficient funding to address
any shortfalls.

    NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Harrington
Park, Bergen County, State of New Jersey, that the Governing Body does hereby agree to appropriate
funds or authorize the issuance of debt to fund any shortfall in its affordable housing program that may
arise whether due to inadequate funding from other sources or for any other reason; and

    BE IT FURTHER RESOLVED that, upon written notification by COAH after a finding that
inadequate funding exists to complete the affordable housing programs included in the Borough of
Harrington Park’s COAH-certified Housing Element and Fair Share Plan, the Borough of Harrington
Park agrees to appropriate funds or authorize the issuance of debt within 90 days of written notification
by COAH; and

    BE IT FURTHER RESOLVED that the Borough of Harrington Park may repay debt through
future collections of development fees, as such funds become available.




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                                                    ADDENDUM “F”

                                                     ORDINANCE #639

  AN ORDINANCE OF THE BOROUGH OF HARRINGTON PARK TO ADDRESS THE REQUIREMENTS OF
      THE COUNCIL ON AFFORDABLE HOUSING (COAH) REGARDING COMPLIANCE WITH THE
    MUNICIPALITY’S PRIOR ROUND AND THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS



Section 1. Affordable Housing Obligation

(a)      This Ordinance is intended to assure that low- and moderate-income units ("affordable units") are created with
         controls on affordability over time and that low- and moderate-income households shall occupy these units. This
         Ordinance shall apply except where inconsistent with applicable law.

(b)      The Borough of Harrington Park Planning Board has adopted a Housing Element and Fair Share Plan pursuant to
         the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan has been endorsed by the governing
         body. The Fair Share Plan describes the ways the Borough of Harrington Park shall address its fair share for low-
         and moderate-income housing as determined by the Council on Affordable Housing (COAH) and documented in the
         Housing Element.

(c)      This Ordinance implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:97,
         as may be amended and supplemented.
(d)      The Borough of Harrington Park shall file monitoring reports with COAH in accordance with N.J.A.C. 5:96,
         tracking the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of
         the Housing Element and Fair Share Plan and monitoring prepared by COAH in accordance with N.J.A.C. 5:96 shall
         be available to the public at the Borough of Harrington Park Municipal Building, Municipal Clerk’s Office, 85
         Harriot Avenue, Harrington Park, New Jersey, or from COAH at 101 South Broad Street, Trenton, New Jersey and
         on COAH’s website, www.nj.gov/dca/affiliates/coah.
Section 2. Definitions

The following terms when used in this Ordinance shall have the meanings given in this Section:

“Accessory apartment” means a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters
and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure
on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory
structure on the same site.

“Act” means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)

“Adaptable” means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-
7.

“Administrative agent” means the entity responsible for the administration of affordable units in accordance with this
ordinance, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.

“Affirmative marketing” means a regional marketing strategy designed to attract buyers and/or renters of affordable units
pursuant to N.J.A.C. 5:80-26.15.

 “Affordability average” means the average percentage of median income at which restricted units in an affordable housing
development are affordable to low- and moderate-income households.

“Affordable” means, a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C.
5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-
26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the
standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

“Affordable development” means a housing development all or a portion of which consists of restricted units.

“Affordable housing development” means a development included in the Housing Element and Fair Share Plan, and includes,
but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.

“Affordable housing program(s)” means any mechanism in a municipal Fair Share Plan prepared or implemented to address a
municipality’s fair share obligation.

“Affordable unit” means a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or
funded through an affordable housing trust fund.

“Agency” means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-
1, et seq.).

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“Age-restricted unit” means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-
restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years
or older; or 2) at least 80 percent of the units are occupied by one person that is 55 years or older; or 3) the development has
been designated by the Secretary of the U.S. Department of Housing and Urban Development as “housing for older persons”
as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

“Assisted living residence” means a facility licensed by the New Jersey Department of Health and Senior Services to provide
apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or
more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private
bathroom, a kitchenette and a lockable door on the unit entrance.

“Certified household” means a household that has been certified by an Administrative Agent as a low-income household or
moderate-income household.

“COAH” means the Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the
State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

“DCA” means the State of New Jersey Department of Community Affairs.

“Deficient housing unit” means a housing unit with health and safety code violations that require the repair or replacement of
a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary
plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

“Developer” means any person, partnership, association, company or corporation that is the legal or beneficial owner or
owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract
or purchase, or other person having an enforceable proprietary interest in such land.

“Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion,
structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any
mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

“Inclusionary development” means a development containing both affordable units and market rate units. This term includes,
but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation
of new affordable units through the reconstruction of a vacant residential structure.

“Low-income household” means a household with a total gross annual household income equal to 50 percent or less of the
median household income.

“Low-income unit” means a restricted unit that is affordable to a low-income household.

“Major system” means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service
components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.

“Market-rate units” means housing not restricted to low- and moderate-income households that may sell or rent at any price.

“Median income” means the median income by household size for the applicable county, as adopted annually by COAH.

“Moderate-income household” means a household with a total gross annual household income in excess of 50 percent but less
than 80 percent of the median household income.

“Moderate-income unit” means a restricted unit that is affordable to a moderate-income household.

“Non-exempt sale” means any sale or transfer of ownership other than the transfer of ownership between husband and wife;
the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but
not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of
ownership through an executor’s deed to a class A beneficiary and the transfer of ownership by court order.

“Random selection process” means a process by which currently income-eligible households are selected for placement in
affordable housing units such that no preference is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

“Regional asset limit” means the maximum housing value in each housing region affordable to a four-person household with
an income at 80 percent of the regional median as defined by COAH’s adopted Regional Income Limits published annually
by COAH.

“Rehabilitation” means the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the
Rehabilitation Subcode, N.J.A.C. 5:23-6.

“Rent” means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an
allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In
assisted living residences, rent does not include charges for food and services.

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“Restricted unit” means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of
N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or
MONI.

“UHAC” means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

“Very low-income household” means a household with a total gross annual household income equal to 30 percent or less of
the median household income.

“Very low-income unit” means a restricted unit that is affordable to a very low-income household.

“Weatherization” means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency,
replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a
major system for rehabilitation.

Section 3. Affordable Housing Programs

The Borough of Harrington Park has determined that it will use the following mechanisms to satisfy its affordable housing
obligations:

(a)      A Rehabilitation program.

         1.   Borough of Harrington Park’s rehabilitation program shall be designed to renovate deficient housing units
              occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with
              the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.

         2.   Both owner occupied and renter occupied units shall be eligible for rehabilitation funds.

         3.   All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 10 years
              (the control period). For owner occupied units the control period will be enforced with a lien and for renter
              occupied units the control period will be enforced with a deed restriction.

         4.   The Borough of Harrington Park shall dedicate a minimum of $10,000 for each unit to be rehabilitated through
              this program, reflecting the minimum hard cost of rehabilitation for each unit.

         5.   The Borough of Harrington Park shall adopt a resolution committing to fund any shortfall in the rehabilitation
              programs for the Borough of Harrington Park.

         6.   The Borough of Harrington Park shall designate, subject to the approval of COAH, one or more Administrative
              Agents to administer the rehabilitation program in accordance with N.J.A.C. 5:96 and N.J.A.C. 5:97. The
              Administrative Agent(s) shall provide a rehabilitation manual for the owner occupancy rehabilitation program
              and a rehabilitation manual for the rental occupancy rehabilitation program to be adopted by resolution of the
              governing body and subject to approval of COAH. Both rehabilitation manuals shall be available for public
              inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

         7.   Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9 and Uniform Housing Affordability
              Controls (UHAC), but shall be administered in accordance with the following:

              i.     If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is re-rented
                     prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a
                     low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to
                     N.J.A.C. 5:97-9 and UHAC.

              ii.    If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the
                     lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.

              iii.   Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.

              iv.    Applicant and/or tenant households shall be certified as income-eligible in accordance with N.J.A.C.
                     5:97-9 and UHAC, except that households in owner occupied units shall be exempt from the regional
                     asset limit.

(b)      An Accessory Apartment program (for Prior Round only, not Third Round).

         1.   All accessory apartments shall meet the following conditions:

              i.     Accessory apartments are permitted by the Zoning Ordinance for various zoning districts, provided the
                     units are affordable to low- and moderate-income households. Accessory apartments may be developed
                     as low-income or moderate-income units (accessory apartments may be limited to only low- or only
                     moderate-income units as determined in the Fair Share Plan).

              ii.    Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey
                     in addition to all building codes.
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             iii.     At the time of initial occupancy of the unit and for at least ten years thereafter, the accessory apartment
                      shall be rented only to a household which is either a low- or moderate-income household.

             iv.      Rents of accessory apartments shall be affordable to low- or moderate-income households as per COAH
                      and UHAC regulations.

             v.       There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon
                      which the accessory apartment is located running with the land and limiting its subsequent rental or sale
                      of the unit and the accessory apartment.

             vi.      The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient
                      capacity to serve the proposed accessory apartment. Where the proposed location is served by an
                      individual well and/or septic system, the additional capacity necessitated by the new unit must meet the
                      appropriate NJDEP standards.

             vii.     The Borough of Harrington Park accessory apartment program shall not restrict the number of bedrooms
                      in any accessory apartment.

             viii.    No accessory apartment created as a result of this article or these regulations shall exceed the gross floor
                      area of the existing principal dwelling on the lot.

             ix.      Municipal building permit fees shall be reduced by 50 percent in all cases involving affordable accessory
                      apartment development under this section. An annual license and inspection fee, if required, shall be paid
                      by unit owners.

        2.   The maximum number of creditable accessory apartments shall be equal to no more than 10 or an amount equal
             to 10 percent of the Borough of Harrington Park’s fair share obligation, whichever is greater (additional units
             may be approved by COAH if the municipality has demonstrated successful completion of its accessory
             apartment program.).

        3.   The Borough of Harrington Park shall designate an administrative entity to administer the accessory apartment
             program that shall have the following responsibilities:

             i.       The Administrative Agent shall administer the accessory apartment program, including advertising,
                      income qualifying prospective renters, setting rents and annual rent increases, maintaining a waiting list,
                      distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application
                      forms, filing deed restrictions and monitoring reports and affirmatively marketing the affordable
                      accessory apartment program in accordance with the UHAC.

             ii.      The administrative entity shall only deny an application for an accessory apartment if the project is not in
                      conformance with COAH’s requirements and/or the provisions of this section/article. All denials shall
                      be in writing with the reasons clearly stated.

             iii.     In accordance with COAH requirements for its Second Round, the Borough of Harrington Park shall
                      provide at least $10,000 per unit to subsidize the creation of each low-income and moderate-income
                      accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide
                      compensation for reduced rental rates.

        4.   Property owners wishing to apply to create an accessory apartment shall submit to the administrative entity:

             i.       A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and
                      the primary dwelling within the building or in another structure;

             ii.      Rough elevations showing the modifications of any exterior building façade to which changes are
                      proposed; and

             iii.     A site development sketch showing the location of the existing dwelling and other existing buildings; all
                      property lines; proposed addition, if any, along with the minimum building setback lines; the required
                      parking spaces for both dwelling units; and any man-made conditions which might affect construction.

Section 4. Reserved

Section 5. Reserved

Section 6. Reserved

Section 7. Inclusionary Zoning

(a)     Presumptive densities and set-asides. To ensure the efficient use of land through compact forms of development
        and to create realistic opportunities for the construction of affordable housing, inclusionary zoning permits minimum
        presumptive densities and presumptive maximum affordable housing set-asides as follows:

        1.   For Sale Developments

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              i.     Inclusionary zoning in Planning Area 1 permits residential development at a “presumptive” minimum
                     gross density of eight units per acre and a “presumptive” maximum affordable housing set-aside of 25
                     percent of the total number of units in the development;

                     The zoning of the I-1 Industrial Zone will provide for a presumptive maximum affordable housing set-
                     aside of 25 percent of the total number of units in the development and a gross density of eight units per
                     acre.

         2.   Rental Developments

              i.     Inclusionary zoning permits a “presumptive” minimum density of 12 units per acre and a “presumptive”
                     maximum affordable housing set-aside of 20 percent of the total number of units in the development and
                     the zoning provides for at least 10 percent of the affordable units to be affordable to households earning
                     30 percent or less of the area median income for the COAH region.

                     The locations specified in Harrington Park’s Fair Share Plan for inclusionary developments within the I-
                     1 Industrial Zone, the B-1 Business Zone, and the R-1 Single Family Residential Zone provide for a 50
                     percent set-aside for restricted units and a density of approximately twelve units per acre. They also
                     provide for at least 10 percent of the total affordable units constructed to be affordable to households
                     earning 30 percent or less of the area median income as required within COAH Region 1.

         3.   Additional incentives to subsidize the creation of affordable housing available to very-low income households
              may be included in the zoning section of this ordinance or specified in a developer’s or redeveloper’s
              agreement.

              Incentives to provide affordable housing to all levels of affordable housing are the same. They include higher
              permissible densities, smaller permissible unit sizes, and reduced application and building department fees that
              will be subsidized by the Borough’s Affordable Housing Trust Fund.

(b)      Phasing. In inclusionary developments the following schedule shall be followed:
        Maximum Percentage of Market-Rate                       Minimum Percentage of Low- and
              Units Completed                                   Moderate-Income Units Completed
                     25                                                                 0
                     25+1                                                               10
                     50                                                                 50
                     75                                                                 75
                     90                                                                 100
(c)      Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated
         with the market units.

(d)      Payments-in-lieu and off-site construction. The standards for the collection of Payments-in-Lieu of constructing
         affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:97-6.4.

(e)      Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable
         development.


Section 8. New Construction

The following general guidelines apply to all newly constructed developments that contain low-and moderate-income housing
units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

(a)      Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:

         1.   The fair share obligation shall be divided equally between low- and moderate-income units, except that where
              there is an odd number of affordable housing units, the extra unit shall be a low income unit.

         2.   In each affordable development, at least 50 percent of the restricted units within each bedroom distribution shall
              be low-income units.

         3.   Affordable developments that are not age-restricted shall be structured in conjunction with realistic market
              demands such that:

              i.     The combined number of efficiency and one-bedroom units shall be no greater than 20 percent of the
                     total low- and moderate-income units;

              ii.    At least 30 percent of all low- and moderate-income units shall be two bedroom units;

              iii.   At least 20 percent of all low- and moderate-income units shall be three bedroom units; and

              iv.    The remaining units may be allocated among two and three bedroom units at the discretion of the
                     developer.

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        4.   Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall
             equal the number of age-restricted low- and moderate-income units within the inclusionary development. The
             standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

(b)     Accessibility Requirements:

        1.   The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings
             shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C.
             5:97-3.14.

        2.   All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted
             dwelling unit is attached to at least one other dwelling unit shall have the following features:

             i.     An adaptable toilet and bathing facility on the first floor;

             ii.    An adaptable kitchen on the first floor;

             iii.   An interior accessible route of travel on the first floor;

             iv.    An interior accessible route of travel shall not be required between stories within an individual unit;

             v.     An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door,
                    on the first floor; and

             vi.    An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the
                    Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Borough of
                    Harrington Park has collected funds from the developer sufficient to make 10 percent of the adaptable
                    entrances in the development accessible:

                    A. Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person
                       who is purchasing or will reside in the dwelling unit, an accessible entrance shall be
                        installed.

                    B. To this end, the builder of restricted units shall deposit funds within the Borough of Harrington
                       Park’s affordable housing trust fund sufficient to install accessible entrances in 10 percent of the
                       affordable units that have been constructed with adaptable entrances.

                    C. The funds deposited under paragraph B. above shall be used by the Borough of Harrington Park for
                       the sole purpose of making the adaptable entrance of any affordable unit accessible when requested
                       to do so by a person with a disability who occupies or intends to occupy the unit and requires an
                       accessible entrance.

                    D. The developer of the restricted units shall submit a design plan and cost estimate for the conversion
                       from adaptable to accessible entrances to the Construction Official of the Borough of Harrington
                       Park.

                    E.   Once the Construction Official has determined that the design plan to convert the unit entrances
                         from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7
                         and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion is reasonable, payment shall
                         be made to the Borough of Harrington Park’s affordable housing trust fund in care of the Municipal
                         Treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and
                         appropriately earmarked.

                    F.   Full compliance with the foregoing provisions shall not be required where an entity can demonstrate
                         that it is site impracticable to meet the requirements. Determinations of site impracticability shall be
                         in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14.

(c)     Maximum Rents and Sales Prices

        1.   In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the
             procedures set forth in UHAC and in COAH, utilizing the regional income limits established by COAH.

        2.   The maximum rent for restricted rental units within each affordable development shall be affordable to
             households earning no more than 60 percent of median income, and the average rent for restricted low- and
             moderate-income units shall be affordable to households earning no more than 52 percent of median income.

        3.   The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each
             bedroom type for both low-income and moderate-income units.

             i.     At least 10 percent of all low- and moderate-income rental units shall be affordable to households
                    earning no more than 30 percent of median income.

             ii.  At least 13 percent of all low- and moderate-income units shall be affordable to households earning no
                  more than 30 percent of median income.
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                       4.   The maximum sales price of restricted ownership units within each affordable development shall be affordable
                            to households earning no more than 70 percent of median income, and each affordable development must
                            achieve an affordability average of 55 percent for restricted ownership units; in achieving this affordability
                            average, moderate-income ownership units must be available for at least three different prices for each bedroom
                            type, and low-income ownership units must be available for at least two different prices for each bedroom type.

                       5.   In determining the initial sales prices and rents for compliance with the affordability average requirements for
                            restricted units other than assisted living facilities, the following standards shall be used:

                            i.     A studio shall be affordable to a one-person household;

                            ii.    A one-bedroom unit shall be affordable to a one and one-half person household;

                            iii.   A two-bedroom unit shall be affordable to a three-person household;

                            iv.    A three-bedroom unit shall be affordable to a four and one-half person household; and

                            v.     A four-bedroom unit shall be affordable to a six-person household.

                       6.   In determining the initial rents for compliance with the affordability average requirements for restricted units in
                            assisted living facilities, the following standards shall be used:

                            i.     A studio shall be affordable to a one-person household;

                            ii.    A one-bedroom unit shall be affordable to a one and one-half person household; and

                            iii.   A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

                       7.   The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost
                            of the unit, including principal and interest (based on a mortgage loan equal to 95 percent of the purchase
                            price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and
                            condominium or homeowner association fees do not exceed 28 percent of the eligible monthly income of the
                            appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
                            provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-
                            26.3, as may be amended and supplemented.

                       8.   The initial rent for a restricted rental unit shall be calculated so as not to exceed 30 percent of the eligible
                            monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended
                            and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of
                            N.J.A.C. 5:80-26.3, as may be amended and supplemented.

                       9.   The price of owner-occupied low- and moderate-income units may increase annually based on the percentage
                            increase in the regional median income limit for each housing region. In no event shall the maximum resale
                            price established by the administrative agent be lower than the last recorded purchase price.

                       10. The rent of low- and moderate-income units may be increased annually based on the percentage increase in the
                           Housing Consumer Price Index for the United States. This increase shall not exceed nine percent in any one
                           year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed
                           pursuant to the regulations governing low- income housing tax credits.

                       11. Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in
                           the lease and shall be consistent with the utility allowance approved by DCA for its Section 8
                           program.

               The following general guidelines apply to all developments that contain low-and moderate-income housing units,
               including any currently unanticipated future developments that will provide low- and moderate-income housing units.

Section 9. Affirmative Marketing Requirements

               (a)     The Borough of Harrington Park shall adopt by resolution an Affirmative Marketing Plan, subject to approval of
                       COAH, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

               (b)     The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all
                       majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status,
                       gender, affectional or sexual orientation, disability, age or number of children to housing units which are being
                       marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended
                       to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a
                       continuing program that directs all marketing activities toward COAH Housing Region 1 and covers the period of
                       deed restriction.

               (c)     The Administrative Agent designated by the Borough of Harrington Park shall assure the affirmative marketing of
                       all affordable units consistent with the Affirmative Marketing Plan for the municipality.

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(d)      In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of counseling services
         to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental
         lease requirements, and landlord/tenant law.

(e)      The affirmative marketing process for available affordable units shall begin at least four months prior to the
         expected date of occupancy.

(f)      The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the
         developer, sponsor or owner, unless otherwise determined or agreed to by the Borough of Harrington Park.

Section 10. Occupancy Standards

(a)      In referring certified households to specific restricted units, to the extent feasible, and without causing an undue
         delay in occupying the unit, the Administrative Agent shall strive to:

         1.   Provide an occupant for each bedroom;

         2.   Provide children of different sex with separate bedrooms; and

         3.   Prevent more than two persons from occupying a single bedroom.

(b)     Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

Section 11. Control Periods for Restricted Ownership Units and Enforcement Mechanisms

(a)     Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended
        and supplemented, and each restricted ownership unit shall remain subject to the requirements of this Ordinance until
        the Borough of Harrington Park elects to release the unit from such requirements however, and prior to such an
        election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be
        amended and supplemented, for at least 30 years.

(b)     The affordability control period for a restricted ownership unit shall commence on the date the initial certified
        household takes title to the unit.

(c)     Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive
        sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the
        unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit’s
        equalized assessed value.

(d)     At the time of the first sale of the unit, the purchaser shall execute and deliver to the Administrative Agent a
        recapture note obligating the purchaser (as well as the purchaser’s heirs, successors and assigns) to repay, upon the
        first non-exempt sale after the unit’s release from the requirements of this Ordinance, an amount equal to the
        difference between the unit’s non-restricted fair market value and its restricted price, and the recapture note shall be
        secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

(e)     The affordability controls set forth in this Ordinance shall remain in effect despite the entry and enforcement of any
        judgment of foreclosure with respect to restricted ownership units.

(f)     A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement
        from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows
        the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
        and supplemented.

Section 12. Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and
supplemented, including:

(a)      The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

(b)      The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure
         compliance with the foregoing standards.

(c)      The method used to determine the condominium association fee amounts and special assessments shall be
         indistinguishable between the low- and moderate-income unit owners and the market unit owners.

(d)      The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales
         price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the
         unit suitable for a larger household or the addition of a bathroom.

Section 13. Buyer Income Eligibility

(a)      Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be
         amended and supplemented, such that low-income ownership units shall be reserved for households with a gross
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        household income less than or equal to 50 percent of median income and moderate-income ownership units shall be
        reserved for households with a gross household income less than 80 percent of median income.

(b)     The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is
        a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly
        housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance
        and condominium or homeowner association fees, as applicable) does not exceed 33 percent of the household’s
        certified monthly income.

Section 14. Limitations on indebtedness secured by ownership unit; subordination

(a)     Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall
        determine in writing that the proposed indebtedness complies with the provisions of this section.

(b)     With the exception of original purchase money mortgages, during a control period neither an
        owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted
        ownership unit to exceed 95 percent of the maximum allowable resale price of that unit, as such
        price is determined by the administrative agent in accordance with N.J.A.C.5:80-26.6(b).

Section 15. Control Periods for Restricted Rental Units

(a)     Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and
        supplemented, and each restricted rental unit shall remain subject to the requirements of this Ordinance until the
        Borough of Harrington Park elects to release the unit from such requirements pursuant to action taken in compliance
        with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior to such an election, a restricted rental unit
        must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30
        years.

(b)     Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed
        restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the
        developer or seller with the records office of the County of Bergen. A copy of the filed document shall be provided
        to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.

(c)     A restricted rental unit shall remain subject to the affordability controls of this Ordinance, despite the occurrence of
        any of the following events:

        1.   Sublease or assignment of the lease of the unit;

        2.   Sale or other voluntary transfer of the ownership of the unit; or

        3.   The entry and enforcement of any judgment of foreclosure.

Section 16. Price Restrictions for Rental Units; Leases

(a)     A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and
        tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the
        current lease for each restricted rental unit shall be provided to the Administrative Agent.

(b)     No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living
        residence, to cover the customary charges for food and services) without the express written approval of the
        Administrative Agent.

(c)     Application fees (including the charge for any credit check) shall not exceed five percent of the monthly rent of the
        applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering
        the controls applicable to the unit as set forth in this Ordinance.

Section 17. Tenant Income Eligibility

(a)     Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented,
        and shall be determined as follows:

        1.   Very low-income rental units shall be reserved for households with a gross household income less than or equal
             to 30 percent of median income.

        2.   Low-income rental units shall be reserved for households with a gross household income less than or equal to
             50 percent of median income.

        3.   Moderate-income rental units shall be reserved for households with a gross household income less than 80
             percent of median income.

(b)     The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a
        very low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent
        proposed for the unit does not exceed 35 percent (40 percent for age-restricted units) of the household’s eligible
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        monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided,
        however, that this limit may be exceeded if one or more of the following circumstances exists:

        1.   The household currently pays more than 35 percent (40 percent for households eligible for age-restricted units)
             of its gross household income for rent, and the proposed rent will reduce its housing costs;

        2.   The household has consistently paid more than 35 percent (40 percent for households eligible for age-restricted
             units) of eligible monthly income for rent in the past and has proven its ability to pay;

        3.   The household is currently in substandard or overcrowded living conditions;

        4.   The household documents the existence of assets with which the household proposes to supplement the rent
             payments; or

        5.   The household documents proposed third-party assistance from an outside source such as a family member in a
             form acceptable to the Administrative Agent and the owner of the unit.

(c)     The applicant shall file documentation sufficient to establish the existence of the circumstances in (b)1 through 5
        above with the Administrative Agent, who shall counsel the household on budgeting.

Section 18. Administration

(a)     The position of Municipal Housing Liaison (MHL) for the Borough of Harrington Park is established by this
        ordinance. The Borough of Harrington Park shall make the actual appointment of the MHL by means of a resolution.

        1.   The MHL must be either a full-time or part-time employee of the Borough of Harrington Park, and this position
             is currently held by Ann Bistritz, Clerk for the Borough of Harrington Park’s Planning Board and Board of
             Adjustment.

        2.   The person appointed as the MHL will be reported to COAH for approval.

        3.   The MHL meets and will continue to meet all COAH requirements for qualifications, including initial and
             periodic training.

        4.   The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing
             program for the Borough of Harrington Park, including the following responsibilities which may not be
             contracted out to the Administrative Agent:

             i.     Serving as the municipality’s primary point of contact for all inquiries from the State, affordable housing
                    providers, Administrative Agents and interested households;

             ii.    The implementation of the Affirmative Marketing Plan and affordability controls.

             iii.   When applicable, supervising any contracting Administrative Agent.

             iv.    Monitoring the status of all restricted units in the Borough of Harrington Park’s Fair Share Plan;

             v.     Compiling, verifying and submitting annual reports as required by COAH;

             vi.    Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and

             vii.   Attending continuing education opportunities on affordability controls, compliance monitoring and
                    affirmative marketing as offered or approved by COAH.

(b)     The Borough of Harrington Park shall designate by resolution of the Mayor and Council, subject to the approval of
        COAH, one or more Administrative Agents to administer newly constructed affordable units in accordance with
        N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC.

(c)     An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing
        body and subject to approval of COAH. The Operating Manuals shall be available for public inspection in the Office
        of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

        **NOTE: If it is decided that an employee of the municipality will act as administrative agent or if the Housing
        Affordability Service (HAS) of the Agency is selected, the determination of such can be included in this ordinance.

(d)     The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in
        UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-
        26.14, 16 and 18 thereof, which includes:

        1.   Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative
             marketing as offered or approved by COAH;

        2.   Affirmative Marketing;

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        2.   Household Certification;

        3.   Affordability Controls;

        4.   Records retention;

        5.   Resale and re-rental;

        6.   Processing requests from unit owners; and

        7.   Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

        8.   The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its
             responsibilities, hereunder.

Section 19. Enforcement of Affordable Housing Regulations

(a)    Upon the occurrence of a breach of any of the regulations governing the affordable unit by an Owner, Developer or
       Tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure,
       tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a
       mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further
       violation of the regulations, entry on the premises, and specific performance.

(b)    After providing written notice of a violation to an Owner, Developer or Tenant of a low- or moderate-income unit
       and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the
       following action against the Owner, Developer or Tenant for any violation that remains uncured for a period of 60
       days after service of the written notice:

       1.    The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the
             regulations governing the affordable housing unit. If the Owner, Developer or Tenant is found by the court to
             have violated any provision of the regulations governing affordable housing units the Owner, Developer or
             Tenant shall be subject to one or more of the following penalties, at the discretion of the court:

             i.     A fine of not more than $1,000 or imprisonment for a period not to exceed 90 days, or both. Each and
                    every day that the violation continues or exists shall be considered a separate and specific violation of
                    these provisions and not as a continuing offense;

             ii.    In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the
                    regulations governing affordable housing units, payment into the Borough of Harrington Park Affordable
                    Housing Trust Fund of the gross amount of rent illegally collected;

             iii.   In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the
                    regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation
                    costs, as determined by the court.

       2.    The municipality may file a court action in the Superior Court seeking a judgment, which would result in the
             termination of the Owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any
             judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage
             and shall constitute a lien against the low- and moderate-income unit.

(c)    Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff,
       at which time the low- and moderate-income unit of the violating Owner shall be sold at a sale price which is not less
       than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the
       costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating Owner
       shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

(d)    The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any
       prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the
       municipality for any and all costs and expenses incurred in connection with either the court action resulting in the
       judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to
       reimburse the municipality in full as aforesaid, the violating Owner shall be personally responsible for and to the
       extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting
       such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be
       placed in escrow by the municipality for the Owner and shall be held in such escrow for a maximum period of two
       years or until such earlier time as the Owner shall make a claim with the municipality for such. Failure of the Owner
       to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the
       municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be
       paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.

(e)    Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not
       extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and
       moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and
       provisions of the regulations governing the affordable housing unit. The Owner determined to be in violation of the

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         provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be
         entitled to any right of redemption.

(f)      If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the First Purchase Money
         Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying
         the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the
         difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement
         proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could
         have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in
         the same manner as the excess which would have been realized from an actual sale as previously described.

(g)      Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality
         shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the
         Owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and
         moderate-income unit as permitted by the regulations governing affordable housing units.

(h)      The Owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of
         governing affordable housing units until such time as title is conveyed from the Owner.

Section 20. Appeals

Appeals from all decisions of an Administrative Agent designated pursuant to this Ordinance shall be filed in writing with the
Executive Director of COAH.

REPEALER

All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.

SEVERABILITY

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions thereof.

EFFECTIVE DATE

This ordinance shall take effect upon passage and publication as provided by law.




                                                   ADDENDUM “G”

                                                ORDINANCE #635
                                            Borough of Harrington Park

 AN ORDINANCE TO CREATE CERTAIN OVERLAY ZONES TO CREATE AFFORDABLE
           HOUSING WITHIN THE BOROUGH OF HARRINGTON PARK

         Whereas, the Borough of Harrington Park in conjunction with the Borough of Harrington Park
Planning Board, has conducted an assessment of available properties within the Borough to be
designated for development of Affordable Housing;
         Whereas, the Borough of Harrington Park is desirous of presenting a “Housing Element and Fair
Share Plan” to the Council on Affordable Housing (COAH) pursuant to its 3rd round rules;
         Whereas, the Borough of Harrington Park is committed to offering all citizenry an opportunity
to obtain "Affordable Housing" within the community;
         Whereas, the Harrington Park Planning Board, through its Planner, Hakim Associates has after
investigation and due deliberation presented to the Mayor & Council a plan comprised of six individual
properties which shall be designated for development pursuant to "Affordable Housing Standards ",
which plan is specifically incorporated herein;
         Whereas, the Borough of Harrington Park finds the Borough is required to offer Affordable
Housing within the Borough.

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       NOW THEREFORE, be it ordained as follows:
       1)      The report of the Planning Board & Hakim Associates, is hereby adopted By the Mayor
and Council.
       2) The Tax Assessor, Borough Engineer and Zoning Official shall so note on the Master Plan
and Official Map of the Borough of Harrington Park that the designated properties are subject to the
development rules and regulations established by the Planning Board of the Borough of Harrington Park
as prepared by Hakim Associates and as specifically endorsed by the Mayor and Council;
       3) The properties referenced in the report attached hereto are hereby declared and ordained to be
"COAH Affordable Properties Borough" subject to the zoning standards established herein;
       4) The Mayor, Borough Attorney, Clerk and Borough Engineer shall execute any and all
documents and take such necessary action to effect the purposes declared herein.




                                             ADDENDUM “H”

                                BOROUGH OF HARRINGTON PARK
                                       County of Bergen
                                      State of New Jersey

                                             ORDINANCE #637

AN ORDINANCE AMENDING SECTION 9A-2 OF CHAPTER 9A OF THE CODE OF THE
BOROUGH OF HARRINGTON PARK ENTITLED “CONSTRUCTION CODES, UNIFORM
FEES”

       BE IT ORDAINED by the Mayor and Council of the Borough of Harrington Park, County of
Bergen and State of New Jersey as follows:

         Section 1.      Section 9A-2 of Chapter 9A of the Borough of Harrington Park is hereby deleted
in its entirety and is hereby superseded by the fee schedule annexed hereto.

        Section 2.     All ordinances or parts of ordinances inconsistent herewith are hereby repealed to
the extent of such inconsistency.

       Section 3.      This ordinance shall take effect immediately after passage and publication as
provided by law.

        Section 4.    All other parts of Chapter 9A of the Code of the Borough of Harrington Park not
specifically amended herein shall remain in full force and effect.

FEE SCHEDULE

1.             NEW CONSTRUCTION (Based on cubic footage)

                       0.03 per cubic foot

2.             STATE FEES

                       0.00265 per cubic foot
                       0.00135 per $1,000.00 of value of construction

3.             RENOVATIONS, ALTERATIONS, REPAIRS, MINOR WORK

                       A.      $25.00 per $1,000.00 cost
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                               (or fraction thereof)
                       B.      Minimum fee- $65.00
                       C.      Residential Roofing                $45.00
                               All others                         $25.00 per $1,000.00
                               cost (or fraction thereof)      or $45.00
                                                                   (whichever is higher)
                       D.      Sheds under 300sq.ft.              $25.00
                               (Residential only)
                               *This is non-UCC
                       E.      Fences                              $25.00
                               *This is non-UCC

4.             CERTIFICATES OF OCCUPANCY FEES

                       A.      Residential
                                          10% of cost of permit + $50.00 minimum
                       B.      Non-Residential
                                          10% of cost of permit + $100.00 minimum
                       C.      Change of Use                      $150.00
                       D.      CCO                                $100.00

5.             VARIATIONS           (UCC)

                       A.      Residential                         $100.00
                       B.      Non-Residential                     $250.00

6.             SWIMMING POOLS

                       A.      Above Ground                        $150.00
                       B.      In ground                           Use Alteration Fee

7.             DEMOLITION

                       A.      Residential                         $100.00
                       B.      Non-Residential                     $250.00
                       C.      Structural Tower                    $100.00
                       D.      Accessory to R-5                    $25.00

8.             SIGNS (Commercial)

                       $75.00 EACH

9.             ASBESTOS AND OR LEAD ABATEMENT

                       Asbestos Abatement                          $70.00
                       Lead Abatement                              $140.00
                       Asbestos Certificate                        $14.00
                       Lead CCL                                    $28.00

10.            PLAN REVIEW

                       20% of permit fee- non refundable- included in permit fee

11.            PLUMBING FEES

                       A.      Fixtures and appliances connected to the plumbing system

                               Water closet/bidet/urinals          $15.00 each
                               Bathtubs                            $15.00 each
                               Lavatory/sink                       $15.00 each
                               Shower/floor drain                  $15.00 each

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                               Dishwasher                            $15.00 each
                               Washing machine                       $15.00 each
                               Commercial dishwasher                 $50.00 each
                               Hot water heater                      $50.00 each
                               Hose bibs                             $25.00 each
                               Garbage disposal                      $25.00 each
                               Indirect connection                   $25.00 each
                               Vent stack                            $25.00 each
                               Drinking fountains                    $50.00 each

                       B.      Special Devices

                               Medical gas pipe                      $100.00 per station
                               Grease traps                          $50.00 each
                               Oil separators                        $50.00 each
                               Refrigeration units                   $50.00 each
                               Water utility connection              $100.00 each
                               Sewer utility connection              $100.00 each
                               Back flow preventors                  $50.00 each
                               Steam boilers                         $50.00 each
                               Hot water boilers                     $50.00 each
                               Gas connection (appliance)            $25.00 each
                               Active solar systems                  no fee (state law)
                               Sewer pumps                           $50.00 each
                               Interceptors                          $50.00 each
                               Fuel oil piping                       $50.00 each

                       C.      Minimum fee                           $80.00

12.            ELECTRICAL FEES

                       A.      Electrical fixtures and devices

                               Switching outlets, lighting outlets
                               Receptacles 1-50                      $65.00
                               Each additional 25 outlets            $15.00

                       B.      Electrical devices/generators/transformers

                               2KW-10KW                              $25.00 each
                               over 10KW and less than or
                               equal to 45KW                         $45.00 each
                               over 45KW and less than or
                               equal to 112.5KW                      $85.00 each
                               over 112.5 KW                         $400.00 each

                       C.      Motors

                               Up to 2hp – air handlers              $15.00 each
                               2hp up to 10hp                        $25.00 each
                               over 10hp and less than or
                               equal to 50hp                         $45.00 each
                               over 50hp and less than or
                               equal to 100hp                        $85.00 each
                               over 100hp                            $400.00 each

                       D.      Service panel/service entrance sub panels

                               Less than or equal to 200 amps        $65.00
                               Greater than 200 amps                 $85.00
                               Less than or equal to 1000 amps       $85.00

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                               Greater than 1000 amps               $400.00

                       E.      Swimming pool bonding                $50.00
                               Pool Lighting                        $45.00

                       F.      Minimum fee                          $80.00

                       G.      Transfer Switch                      $25.00

13.            FIRE PROTECTION FEES

                       A.      Sprinklers

                               1-20 heads                           $100.00
                               21-100 heads                         $150.00
                               101-200 heads                        $250.00
                               201-400 heads                        $550.00
                               401-1000 heads                       $800.00
                               over 1000 heads                      $950.00

                       B.      Heat/smoke detectors

                               1-12 detectors                       $100.00
                               each additional 10                   $25.00

                       C.      Each standpipe                       $200.00

                       D.      Each independent pre-engineered
                               system    (cooking)                  $150.00

                       E.      Each kitchen exhaust system          $100.00

                       F.      Each gas or oil fired appliance which
                               is not connected to the plumbing sys. $40.00

                       G.      Hot tar kettle roof                  $45.00

                       H.      Minimum fee                          $80.00

14.            ELEVATOR FEES

                       A.      Each elevator installed              $260.00

                       B.      Elevators, escalators, and moving
                               walks requiring reinspections
                               every six months                     $65.00

                       C.      Dumbwaiters requiring re-inspections
                               every 12 months                     $50.00

                       D.      Five year inspections and witnessing
                               of text on elevators                 $175.00

15.            STORAGE TANKS/INSTALLATION/REMOVAL

                       Capacity up to 2000 gallons                  $75.00
                       2000 gallons and over                        $150.00

16.            ITEMS NOT COVERED



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                       Any items not covered in the above fee schedule shall be charged as per N.J.A.C.
                       5:28-4.20 of the New Jersey Uniform Construction Code.


                                                      _____________________________
                                                       Paul A. Hoelscher, Mayor
Attest:______________________________
        Susan S. Nelson, Borough Clerk
Introduced: 02/17/09
Passed:




                                            ADDENDUM “I”

                                           ORDINANCE #638

                            BOROUGH OF HARRINGTON PARK

            AN ORDINANCE REGARDING BOARD OF ADJUSTMENT FEES WITHIN
                       THE BOROUGH OF HARRINGTON PARK

       WHEREAS, the Mayor and Council of the Borough of Harrington Park, have determined that it

is in the best interests of the Borough to provide a fee schedule with respect to the fees paid to the Board

of Adjustment within the Borough in order to maintain the natural tranquility, health, safety and welfare

of the residents of the Borough.

       NOW THEREFORE BE IT ORDAINED AS FOLLOWS:

       1.      Application Fee to be paid to the Board of Adjustment shall be $ 125.00; and

       2.      Fee to obtain a copy of certified property owners list of residents within 200 feet of

               subject property to be paid to the Board of Adjustment shall be $ 10.00.



       This Ordinance shall take effect upon passage and publication as provided by law. Upon

       passage, copies of this Ordinance shall be distributed to the Borough Clerk, Building Department

       and Zoning Board Secretary.



                                                           ________________________________
                                                                      Paul A. Hoelscher, Mayor

ATTEST:

________________________________
Susan S. Nelson, Borough Clerk




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