MONROE TOWNSHIP, MIDDLESEX COUNTY ORDINANCE NO.: 0-6-2024-013  DRAFT  DRAFT  ORDINANCE OF THE MONROETOWNSHIP COUNCIL AMENDING THE CODE OFTHETOWNSHIP OFI MONROE UNDER CHAPTER 108 SECTION 6.23TO AMEND THEI MEDICAL FACILITY REQUREMENTINTIE PLANNED RETIREMENT COMMUNITY DISTRICT2CPRC2 WHEREAS, the STONEBRIDGE COMMUNITY ASSOCIATION, INC. (the "Association") by Resolution dated April 19, 2023 (attached hereto as Attachment A) requested that the Township amend $108-6.23 (D)(1)(b)(6) of the Township Code relative to the Medical WHEREAS, $108-6.23 (D)(I)b)(6), as adopted in 2002, requires that developments within thel PRC-2: zoning district that contain six hundred (600) or more residential units shalll have their medical facility staffed by a registered nurse on a twenty-four (24)1 hour per day basis; and WHEREAS, the Association notes that iti is the only senior community in the Township WHEREAS, the Association notes that this requirement represents a mandatory cost of $415, 210.89 per year which the Association describes as "an inequitable burden on the Association's members in that neighboring senior communities are not mandated to provide this  Facility requirement int the PRC-2 zoning district; and  thati is required toj provide a 24/7 registered nurse; and  service," and  WHEREAS, the Association highlights the level of emergency medical care that currently WHEREAS, the Association has requested that the Township amend $108-6.23 (D)(1)(b)(6) to mirror the same "Medical Facilities" requirement as the Planned Retirement WHEREAS, the Association has committed that "If the Township and its Council adopt the foregoing amendment, the Association will not eliminate, reduce or modify the current level ofnursings services available toi its members without the affirmative vote to do SO of two-thirds of NOW, THEREFORE, BEI IT ORDAINED, by the Township Council of the Township ofl Monroe, County ofl Middlesex, State ofl New. Jersey, that Chapter 108, Section 6.23 of the Code ofthe Township ofl Monroe entitled "PRC-2) Planned Retirement Community, District 2" isl hereby  exists in the Township, and did not existi in 2002; and Community ("PRC") zoning district; and  its members in good standing; and  amended as follows:  S1 108-6.23 PRC-21 Planned Retirement Community, District 2. D. Permitted and required uses in a planned retirement community  (1) No building, structure or land shall be used for and no building structure shall hereafter be erected, structurally altered, enlarged or maintained except for the following planned retirement community uses by the residents of the community,  their guests or other authorized users.  (b) The following required recreational uses, at least one of each:  [6] Medical facility. There shall be sufficient building space to adequately allow for the provi ision of all medical facilities for retirement communities as required by any applicable federal, state or local regulations. There shall also be provided conveniently located on-site loading space and accessways for use by emergency vehicles. Minimally, the medical faeility-shall be equipped with instruments and equipment necessary for responding to emergeneys situations and for these- duties  t-y--  237458v1    DRAFT  HFNe-PRC24emsymammisaferwemoersidpliahumislere shall keemalis-Rellyon-ie-pemRyargsteeumen a24-hour perdayhass-wihsalings to epaNe-eae b-fthe-PRC2 development consists of Hless than 600 residential-units; Here-lwllepsealialesmasaHaly  enel hundred-amd-fifieth59)ericate-efoeeupaney  the need-arises  BE ITI FURTHER ORDAINED, that any ordinance or parts thereof in conflict with the BEI IT FURTHER ORDAINED, that this Ordinance shall take effect upon passage and  provisions of this Ordinance are hereby repealed to the extent ofs such conflict; and  publication in accordance with applicable law. SO, ORDAINED as aforesaid.  MIRIAM COHEN, Council President  RECORDED VOTE- - INTRODUCTION: -JUNE 26, 2024  COUNCIL Councilman Siegel Councilman Dipierro Councilman Markel Council V.) President Van Dzura Council President Cohen  MOTION SECOND AYE NAY ABSTAIN ABSENT  NOTICE  Notice is hereby given that the foregoing Ordinance was introduced and passed oni first reading at ar meeting of thel Monroe Township Council held on. June 26, 2024. Said Ordinance will again be read and considered for final passage at the next scheduled meeting of the Monroe Township Council to be held on August 5, 2024 at 6:30 p.m. At said time and place all persons having an interest int the foregoing Ordinance will be granted an opportunity tol be heard concerning the: same  prior to consideration for final passage by the Council.  CHRISTINE ROBBINS, Township Clerk  RECORDED VOTE - SECOND READING & FINAL ADOPTION - AUGUST5, 2024  COUNCIL Councilman Siegel Councilman Dipierro Councilman Markel Council V.J President Van Dzura Council President Cohen  MOTION SECOND AYE NAY ABSTAIN ABSENT  237458v1    DRAFT  MONROE TOWNSHIP, MIDDLESEX COUNTY ORDINANCENO.: 0-6-2024-013  ORDINANCE OFTHE MONROETOWASHI COUNCIL AMENDING THEC CODE OF THETOWNSHIP OF MONROE UNDER CHAPTER 108 SECTION 6.23TO AMEND THEI MEDICALFACILITY REQUIREMENTI INTHE PLANNED RETIREMENT COMMUNITY DISTRICTZCPRC27  MAYORAL. APPROVAL  By virtue of the Optional Municipal Charter. Law of 1950 and Chapter 3, Section 19of the Code oft the' Township of Monroe, my approval of this Ordinance is effected by the affixing  ofmy signature hereto.  STEPHEN DALINA, Mayor Date signed:  237458v1    DocuSignE Envelopel ID:  RECORD AND RETURN TO: HUESTON MCNULTY, P.C 256 Columbia Turnpike, Ste. 207 Florham Park, New Jersey 07932 Prepared by: Samul J. MaMalty RESOLUTION No. -23  -Docusignedby:  Samuel Tgr McNulty, Esq.  STONEBRIDGECOMMUNITYASSOCIATION,INC:  daseppertolAmmdmmion Monroe Township Zoning Ordinance Requiring 24/7  Registered Nurse Staffing)  WHEREAS, by a Declaration of Covenants, Easements and Restrictions dated September 7, 2006 (the "Declaration") and recorded on September 11, 2006 in the Office of the Middlesex County Clerk in Deed Book 05717 at Page 702 et seg., STONEBRIDGE (the "Property") and STONEBRIDGE COMMUNITY ASSOCIATION, INC. (the  "Association" were established; and  WHEREAS, capitalized terms used herein without definition shall have the meanings ascribed to such terms in the  Declaration; and  WHEREAS, the Governing Documents empower the Association's Board with all powers as well as duties necessary for the proper conduct and administration of the affairs of the Association and the operation and maintenance of the Common Property and to do or cause to be done all such other lawful acts and things as are  permitted by the Governing Documents and by law; and  1    DocuSign Envelope ID: 74F24CEFI2844A69FFD-A08A1985F28  WHEREAS, the Board, pursuant to the Bylaws, is charged with evaluating and determining the services to be made available to the members of the Association consistent with their business  judgment and the Governing Documents, and;  WHEREAS, the Zoning Ordinances of the Township for the PRC-2 Planned Retirement Community, District 2 (the "Ordinance") currently requires, among other listed "recreational" uses, that  a medical facility shall be provided; and  WHEREAS, the Ordinance provides that "Minimally, the medical facility shall be equipped with instruments and equipment necessary for responding to emergency situations and for those duties routinely performed by a registered nurse" and "If the PRC-2 development consists of six hundred (600) or more residential units, there shall be a medical facility on the premises staffed by a registered nurse on a twenty-four (24) hour per day basis, with staffing to commence upon the issuance of the one hundred and fiftieth (150) certificate of occupancy"; and Township that is subject to the foregoing provisions; and  WHEREAS, the Association is the only senior community in the WHEREAS, the Ordinance was adopted in 2002 at a time when the Township had limited emergency services and, given the current availability of nursing, urgent care and other health care practices which are readily available to the members of the Association there is no longer a rationale for the Ordinance to  2    DocuSign Envelope ID:  the extent that it relates to a medical facility. For instance, since 2020 the Hackensack Meridian Urgent Care-Monroe facility was established in the Gables Plaza located across Federal Road from the Property; additionally, Carbon Health Urgent Care of Monroe is located on Applegarth Road, less than 2 miles away. The Monroe Township Fire District #2 was established across Applegarth Road and now many medical plans, including Medicare, provide telehealth services, annual in-home nurse's visits for screening for health care concerns, and services largely duplicative of the services provided by a 24/7 registered nurse  at the Propertyi and  WHEREAS, the cost of maintaining a 24/7 registered nurse and nursing center is currently $415,210.89 per year, which is a mandatory cost of approximately $439 per household per year for the members of the Association, paid through the Association's monthly maintenance fees, and this amount represents an inequitable burden on the Association's members in that neighboring senior communities are not mandated to provide this  service; and  WHEREAS, in the event of an emergency, the services of a registered nurse do not replace those of the Township's Emergency  Medical Services; and  WHEREAS, it is only the Association that is required to maintain a 24/7 registered nurse facility, as the other senior communities within the Township do not fall within the PRC-2 zone  3    DocuSign Envelopel ID:7  or if they do, do not have 600 or more residential units, and many members of the Association have voiced to the Association the inequity of the mandate that only the Association is required to have a 24/7 registered nursing service and their wish, in view of the financial burden of maintaining such service, that they should be given the same option as the other senior communities within the Township to choose for themselves as to whether to  maintain a 24/7 registered nurse facility; and  WHEREAS, the Association desires to have the Ordinance amended as set forth below so as to eliminate this mandate and to be subject to the same reduced requirements available to the other senior communities within  the Township.  NOW, THEREFORE, BE IT RESOLVED THAT:  1. The Board hereby requests the Township and its Council to amend $108-6.23(D) (1)(b)(6) of Chapter 108 of the Monroe Township Land Development Ordinances relative to the PRC-2 zone to read as follows: "Medical facilities. There shall be sufficient building space to adequately allow for the provision of all medical facilities for retirement communities as required by any applicable federal, state or local regulations. There shall also be provided conveniently located on-site loading space  and accessways for use by emergency vehicles."  2. If the Township and its Council adopt the foregoing amendment, the Association will not eliminate, reduce or modify the current level of nursing services available to its members  4    DocuSign Envelope ID:  without the affirmative vote to do so of two-thirds of its  members in good standing.  3. The Board directs the Association's community manager to  forward copies of this resolution to the Township Clerk.  IN WITNESS WHEREOF, the Association has duly enacted this  Resolution this 19th day of April 2023.  STONEBRIDGE COMMUNITY ASSOCIATION, INC.  Docusignedby: Kidark laskr  By:  RICHARD LASKER, President  5    DocuSignE Envelope ID:7 74F24CEF128-4A69FFD-A08A19585F28  STONEBRIDGE COMMUNITY ASSOCIATION, INC.  Resolution Type: Regarding:  Policy  No.  In Support of Amendment of the Zoning_ Ordinance Requiring Staffing of a Registered  Nurse  Duly adopted at a meeting of the Board of Directors of Stonebridge Community Association, Inc., held on this 19th day of  April 2023.  Directors:  Vote: No  Yes  Abstain Absent  Richard Lasker, Pres. Michael Berezein, VP Fred Rucci, Treasurer Ava Baron, Secretary Jerry Mirelli, Director  X X X X  Atbeseby lva Baron Ava Baron, Secretary  4-19-23 Date  File:  Book of Minutes - 2023. Book of Resolutions - 2023.  Resolution Effective: April 19, 2023.  6    DocuSignE Envelope ID:7 774P24CEFI28-4A69FDA08A198528  CORPORATE ACKNOWLEDGMENT  STONEBRIDGE COMMUNITY ASSOCIATION, INC.  STATE OF NEW JERSEY COUNTY OF MIDDLESEX  ) : SS  I certify that on the 19th day of April 2023, AVA BARON personally came before me and these persons acknowledged under (a) this person is the Secretary for Stonebridge Community Association, Inc. the corporation named in this (b) This person is the attesting witness to the electronic signing of this document by the proper corporate officer RICHARD LASKER who is President of the corporation. (c) This document was electronically signed and delivered by the corporation as its voluntary act duly authorized by a proper resolution of its Board of Directors. (d) This person knows the proper seal of the corporation which was affixed to this document. (e) This person electronically signed this proof to attest to the truth of these facts. (f) The notarization of this document was performed remotely and using communication technology.  Oath, to my satisfaction, that:  document.  Signed and Sworn to before me on this 19th day of April 2023.  -Docusignedby: Samul J. MMalty Samuel J. McNulty, Esq.  Attorney at Law the State of New Jersey  7