On the agenda: Washington meeting — Data Center (Mar 17)

AGENDA
BOROUGH OF WASHINGTON, WARREN COUNTY, NJ
Date: March 17, 2026 Time: 6:00 PM
STATEMENT OF ADEQUATE NOTICE
The requirements of the Open Public Meetings Law, P.L. 1975, Chapter 231 have been satisfied
in that adequate notice of this meeting has been published in the Daily Record and Star Ledger
and posted on the Boroughs website stating the time, place and purpose of the meeting as required
by law.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
ROLL CALL Brown, France, Gorshkov, Infinito, Matteo, Musick and Cox.
APPROVAL OF PREVIOUS MINUTES
March 3, 2026
March 11, 2026 (Special)
COMMUNICATIONS
PUBLIC COMMENT-AGENDA ITEMS
REPORTS
Staff, Boards, Committee Reports

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Agenda-Continued
APPROVAL OF CLAIMS
OLD BUSINESS
NEW BUSINESS
250th Banners
ORDINANCE 1st Reading
2026-08 Capital Improvement-DPW Equipment
ORDINANCE 2nd Reading
(Public Hearing and Adoption)
2026-03 Construction Dust
2026-04 Data Centers
2026-06 COLA
2026-07 Capital Improvement-DPW Leases
RESOLUTIONS
2026-27 BID Budget Public Hearing/Adoption
2026-41 Appropriations Transfer
2026-46 Authorizing Signature-NJ DOT Project
2026-47 Acceptance of Credit and Electronic Funds Transfer
OPEN PUBLIC COMMENT
COUNCIL REMARKS AND DISCUSSIONS
MEETING RECAP-Manager
EXECUTIVE SESSION-if needed
ADJOURNMENT

______ P.M.

Next Meeting: April 7, 2026

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ORDINANCE 2026-08 (INTRODUCTION)
AN ORDINANCE AUTHORIZING VARIOUS GENERAL
IMPROVEMENT FOR THE BOROUGH OF WASHINGTON AND APPROPRIATING $160,000
THEREFOR FROM THE “CAPITAL IMPROVEMENT FUND” OF SAID BOROUGH
BE IT ORDAINED by the Borough Council of the Borough of Washington in Warren County,
New Jersey as follows:
Section 1. The Borough of Washington in Warren County (hereinafter referred to as
“Municipality”) is hereby authorized the following Capital Improvements for the Borough of
Washington:
Purchase of the DPW equipment and vehicles $160,000.00, consisting of
a Forestry Bucket Truck, Sign Shop Equipment, a Skidsteer, Implements
and Asphalt Saw.
Section 2. The work and acquisitions, authorized by Section 1 of this Ordinance shall be
undertaken as
a general improvement, the entire cost of which shall be contributed and borne by the municipality as a
general
expense, and no part of said cost shall be specially assessed against any property. The estimated cost
noted
of such project shall not exceed $160,000.00 unless this Ordinance is amended.
Section 3. It is hereby determined and stated that the undertaking of the aforesaid projects
(hereinafter
referred to as “purpose”) is not a current expense of the municipality; and that the total estimated cost of
said
purpose is $40,000.00, the estimated cost for the projects having been noted in Section 1 above.
Section 4. The sum of $160,000.00 is hereby appropriated for said purpose from the “Capital
Improvement Fund” of the municipality for said purpose as required by law and now available therefore
under a
budget or budgets of the municipality previously adopted.
Section 5. The Capital budget of the municipality is hereby amended to conform with the
provisions of
this Ordinance to the extent of any inconsistency herewith.
Section 6. This Ordinance shall take effect upon its passage and publication as provided by law.
Intro: March 17, 2026
Public Hearing/Adoption: April 7, 2026

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ORDINANCE NO. 2026-03
ORDINANCE CREATING NEW CHAPTER 33: "CONSTRUCTION DUST
CONTROL" TO REQUIRE CONTAINMENT OF CONSTRUCTION DUST AND
MICROPLASTICS
BE IT ORDAINED by the Mayor and Council of the Borough of Washington, County
of Warren, State of New Jersey, that the Borough's Revised General Ordinances are hereby
supplemented with new Chapter 33: "Construction Dust Control" as follows:
CHAPTER 33: "CONSTRUCTION DUST CONTROL"
§ 33-1

Dust, Trash, and Plastic Contaminants Control.

In addition to other regulations, whether contained in the Borough Code or otherwise, any
party undertaking construction activities within the Borough shall adhere to the following
guidelines to control dust, trash, and plastic contaminants at their worksites:
A. When cutting or drilling AZEK, TREX, any fiberglass, plastic, poly-compound

materials, plastics or wood, use a vacuum attachment on all saws when practical to
minimize the release of dust and microplastic particles;
B. Cut and drill in confined spaces to keep dust levels to a minimum and facilitate ease

of cleanup;
C. Do not engage in cutting or drilling activities without placing a tarp under power tools

to catch debris and contaminants;
D. Tarp work areas and clean the area a minimum of once a day to prevent the dispersion

of dust and plastic contaminants; and
E. Clean up all wood and plastic contaminants before leaving their worksites, ensuring

that no waste is left behind nor can be blown into neighboring properties or the street.
§ 33-2

Prohibition on Storm Drain Disposal.

A. Blowing debris, dust, or plastic contaminants into streets and/or storm drains is strictly

prohibited. Waste materials must be disposed of properly in accordance with existing
municipal waste disposal regulations.
B. Waste and recyclable materials, such as cardboard and must be separated and disposed

of in accordance with Borough ordinances.
C. Where any site drains to a public stormwater inlet after stormwater leaves the property,

prior to cutting, drilling, or engaging in any other activity regulated by this Chapter the
party shall install a filter at that stormwater inlet made of polypropylene geotextile
which conforms to ASTM Test D4491, D4751, and D4355.
§ 33-3
Compliance; Enforcement.
A Any person who violates, fails, or refuses to comply with this Chapter or
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any part thereof shall, upon conviction in the Municipal Court be punished
for each offense by a fine not to exceed $1,000. Every such violation or
refusal shall be deemed a separate violation, and each day that the same shall
continue shall be deemed a separate violation.
B. Contractors are responsible for informing their employees and subcontractors of
the requirements and obligations set forth in this Chapter.
BE IT FURTHER ORDAINED by the Mayor and Council of the Borough
of Washington that any ordinances or portions thereof which are inconsistent with
the provisions of this Ordinance are hereby repealed as of the effective date of this
Ordinance. All other provisions of the Revised General Ordinances are ratified and
remain in full force and effect.
BE IT FURTHER ORDAINED by the Mayor and Council of the Borough
of Washington that if any provision of this Ordinance or the application of such
provision to any person or circumstance is declared invalid, such invalidity shall not
affect the other provisions or applications of this Ordinance which can be given
effect, and to this end, the provisions of this Ordinance are declared to be severable.
BE IT FURTHER ORDAINED by the Mayor and Council of the Borough
of Washington that this Ordinance shall take effect immediately upon adoption and
publication in accordance with the laws of the State of New Jersey.

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ORDINANCE 2026-04
AN ORDINANCE OF THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH
OF WASHINGTON IN THE COUNTY OF WARREN, STATE OF NEW JERSEY,
AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF
WASHINGTON TO INCLUDE AND DESIGINATE DATA CENTERS AS A NONPERMITTED USE IN ALL ZONES WITHIN THE BOROUGH OF WASHINGTON
WHEREAS, the Borough of Washington Master Plan emphasizes protection of the
Borough/Township/Town’s rural character, agricultural lands, scenic landscapes, environmental
resources, and historic and cultural heritage; and
WHEREAS, data centers, by nature, present an intense and unique form of use of land use
and development, posing significant challenges related to electricity consumption, noise, air
quality, water use, community character and long-term planning objectives; and
WHEREAS, preliminary data cited by Members of the New Jersey State Legislature has
cautioned that large-scale data centers can use as much as 3 to 5 million gallons of water in a single
day between liquid cooling and water consumed to generate the energy that powers them; and
WHEREAS, this extreme volume of water usage impacts homes and businesses both
within the municipality and the surrounding communities; and
WHEREAS, preliminary studies noted by the State Legislature also indicate that some
data centers require 300 MW of electricity, which is roughly equivalent to the output of a small
modular nuclear reactor; and
WHEREAS, aside from increases in taxes and governmental services across the board, in
only the last year the majority of the State has already seen consumer energy costs increase more
than twenty percent (20%), with additional increases expected within the next few months; and
WHEREAS, the high-tech data centers that are proliferating throughout the state consume
a large amount of electrical power at a time when energy costs are increasing for ratepayers; and
WHEREAS, it is well established that overdevelopment, urbanization and overuse of
environmental resources impacts subterranean aquifers and the quality of drinking and other water
resources and poses a substantial strain on community water resources; and
WHEREAS, the Governing Body is conscious of the hazards, such as depletion of critical
groundwater resources, and the impact on the environmental and natural resources posed by the
scope, depth and pervasiveness of large-scale commercial data center operations; and
WHEREAS, municipal regulations designed for the preservation of the environment and
the protection of ecological values are a well-recognized, legitimate and proper exercise of
municipality authority; and
WHEREAS, cutting and removal of trees has been found to cause and create increased
soil erosion and dust, instability and deterioration in the value of surrounding property and other
adverse environmental and geographical conditions; and
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WHEREAS, dramatic increases and changes in population, development and the impact
of certain data center operations on residents, businesses, the environment, and private and public
property have imposed significant burdens on municipal resources and have created increased need
to balance the rights and interests of the residents and general public with that of the legitimate
rights of property owners to conduct business without unreasonable regulation; and
WHEREAS, in light of these significant changes in confluence with modern advancement
in technology, scientific and environmental research that have allowed for a more accurate and
comprehensive understanding of the hazards and dangers posed to surrounding property,
environmental and natural resources, the general public, and the proliferation and expansion of
governmental regulation of the environment, safety and business in general, that have occurred
since the enactment of the municipalities zoning and development regulations, the Mayor and
Council have determined it necessary and appropriate to amend and update its ordinances to
adequately address data center uses in a manner that best reflects present needs and realities; and
WHEREAS, the Mayor and Council of the Borough of Washington. have determined that
it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare
of its residents and members of the public who visit, travel or conduct business in the Borough, to
amend the Borough Code to include all manner of data centers land use and development as a nonpermitted use within the geographic boundaries of the Borough and to otherwise improve and
strengthen the nature, scope, manner and effectiveness of such regulations;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Borough Council of the
Borough of Washington., in the County of Warren, State of New Jersey as follows:
Section 1. Chapter 94, Zoning, Article III, Definitions and Word Usage, § 94-5, “Definitions” of
the Code of Ordinances of the Borough of Washington is hereby amended and supplemented to
add a new section/subsection as follows:
DATA CENTER shall mean and include any facility used primarily for the storage,
management, and processing of digital or electronic data, which houses computer and
network systems, including associated components such as servers, network equipment and
appliances, telecommunications, and data storage systems, systems for monitoring and
managing infrastructure performance, Internet-related equipment and services, data
communications connections, environmental controls, fire protection systems, and security
systems and services. Typical accessory components of a data center may include
transformers, electrical substations, environmental controls, fire suppression, generators,
redundant power supplies and security facilities.
Section 2. Chapter 94, Zoning, Article VII, Zone District Requirements, § 94-73, Prohibited Uses
of the Code of Ordinances of the Borough of Washington. is hereby amended and supplemented
to add, “Data Center” as a Prohibited Use:
D. All Data Centers as defined in Chapter 94, Zoning, Article III, Definitions and Word
Usage, § 94-5, Definitions of the Code of Ordinances of the Borough of Washington and
any and all uses related to the same.
Section 3. The Borough Clerk is directed to give notice at least ten (10) days prior to a hearing on
the adoption of this Ordinance to the Warren County Planning Board and to all other persons or
entities entitled thereto pursuant to N.J.S.A. 40:55D-15, including to the Clerk of adjoining
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municipalities.
Section 4. After introduction, the Borough Clerk is hereby directed to submit a copy of the within
Ordinance to the [Planning Board/Land Use Board] of the Borough of Washington. for its review
in accordance with N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64. The Planning Board/Land Use
Board is directed to make and transmit to the Borough Council, within thirty-five (35) days after
referral, a report including identification of any provisions in the proposed Ordinance which are
inconsistent with the Master Plan and recommendations concerning any inconsistencies and any
other matter as the Board deems appropriate. Upon the adoption of this Ordinance, after public
hearing, the Borough Clerk is further directed to publish notice of the passage and to file a copy
of this Ordinance, as finally adopted, with the Warren County Planning Board, as required by
N.J.S.A. 40:55D-16.
Section 5. Repealer. All ordinances or parts of ordinances contrary to or inconsistent with the
provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency.
Section 6. Severability. Each section, subsection, paragraph, sentence, clause and phrase of this
Ordinance is declared to be an independent section, subsection, sentence, clause and phrase. If
any portion of this Ordinance, or its application to any person or circumstances, shall be adjudged
or otherwise determined to be invalid, unconstitutional, preempted, void, or ineffective for any
clause or reason, such determination shall not affect the remaining provisions of this Ordinance,
and the application of such remaining provisions shall not be affected thereby and shall remain in
full force and effect, and to this end, the provisions of this Ordinance are severable.
Section 7. Effective Date. This Ordinance shall take effect immediately upon final passage and
publication according to law.
Section 8. Prior actions. All actions of the Borough of Washington. taken prior to the date of
adoption hereof contemplated by this Ordinance are hereby ratified and approved.
Section 9. Codification. This Ordinance may be renumbered for codification purposes.

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ORDINANCE 2026-06
CALENDAR YEAR 2026
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation
of its annual budget, a municipality shall limit any increase in said budget up to 2% unless authorized by
ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain
exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance,
appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage
rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Washington Borough Governing Body of the Borough of Washington in the County of
Warren finds it advisable and necessary to increase its CY 2026 budget by up to 3.5% over the previous
year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Governing Body hereby determines that a 1.5 % increase in the budget for said year,
amounting to $ 48,677.00 in excess of the increase in final appropriations otherwise permitted by the
Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Governing Body hereby determines that any amount authorized hereinabove that is not
appropriated as part of the final budget shall be retained as an exception to final appropriation in either of
the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Governing Body of the Borough of Washington, in
the County of Warren, a majority of the full authorized membership of this governing body affirmatively
concurring, that, in the CY 2026 budget year, the final appropriations of the Borough of Washington
shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to
$ 113,579.66, and that the CY 2026 municipal budget for the Borough of Washington be approved and
adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part
of the final budget shall be retained as an exception to final appropriation in either of the next two
succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the
Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED that a certified copy of this ordinance upon adoption, with the recorded
vote included thereon, be filed with said Director within 5 days after such adoption.

Introduction: March 3, 2026
Public hearing/Adoption: March 17, 2026

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ORDINANCE 2026-07
AN ORDINANCE AUTHORIZING VARIOUS GENERAL
IMPROVEMENT FOR THE BOROUGH OF WASHINGTON AND APPROPRIATING
$40,000.00 THEREFOR FROM THE “CAPITAL IMPROVEMENT FUND” OF SAID
BOROUGH
BE IT ORDAINED by the Borough Council of the Borough of Washington in Warren County,
New Jersey as follows:
Section 1. The Borough of Washington in Warren County (hereinafter referred to as
“Municipality”) is hereby authorized the following Capital Improvements for the Borough of
Washington:
The lease of the DPW vehicles $40,000.00
Section 2. The work and acquisitions, authorized by Section 1 of this Ordinance shall be
undertaken as
a general improvement, the entire cost of which shall be contributed and borne by the municipality as a
general
expense, and no part of said cost shall be specially assessed against any property. The estimated cost
noted
of such project shall not exceed $40,000.00 unless this Ordinance is amended.
Section 3. It is hereby determined and stated that the undertaking of the aforesaid projects
(hereinafter
referred to as “purpose”) is not a current expense of the municipality; and that the total estimated cost of
said
purpose is $40,000.00, the estimated cost for the projects having been noted in Section 1 above.
Section 4. The sum of $40,000.00 is hereby appropriated for said purpose from the “Capital
Improvement Fund” of the municipality for said purpose as required by law and now available therefore
under a
budget or budgets of the municipality previously adopted.
Section 5. The Capital budget of the municipality is hereby amended to conform with the
provisions of
this Ordinance to the extent of any inconsistency herewith.
Section 6. This Ordinance shall take effect upon its passage and publication as provided by law.

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ORDINANCE 2026-08
AN ORDINANCE AUTHORIZING VARIOUS GENERAL
IMPROVEMENT FOR THE BOROUGH OF WASHINGTON AND APPROPRIATING $160,000
THEREFOR FROM THE “CAPITAL IMPROVEMENT FUND” OF SAID BOROUGH
BE IT ORDAINED by the Borough Council of the Borough of Washington in Warren County,
New Jersey as follows:
Section 1. The Borough of Washington in Warren County (hereinafter referred to as
“Municipality”) is hereby authorized the following Capital Improvements for the Borough of
Washington:
Purchase of the DPW equipment and vehicles $160,000.00
Section 2. The work and acquisitions, authorized by Section 1 of this Ordinance shall be
undertaken as
a general improvement, the entire cost of which shall be contributed and borne by the municipality as a
general
expense, and no part of said cost shall be specially assessed against any property. The estimated cost
noted
of such project shall not exceed $160,000.00 unless this Ordinance is amended.
Section 3. It is hereby determined and stated that the undertaking of the aforesaid projects
(hereinafter
referred to as “purpose”) is not a current expense of the municipality; and that the total estimated cost of
said
purpose is $40,000.00, the estimated cost for the projects having been noted in Section 1 above.
Section 4. The sum of $160,000.00 is hereby appropriated for said purpose from the “Capital
Improvement Fund” of the municipality for said purpose as required by law and now available therefore
under a
budget or budgets of the municipality previously adopted.
Section 5. The Capital budget of the municipality is hereby amended to conform with the
provisions of
this Ordinance to the extent of any inconsistency herewith.
Section 6. This Ordinance shall take effect upon its passage and publication as provided by law.
Intro: March 17, 2026
Public Hearing/Adoption: April 7, 2026

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RESOLUTION 2026- 27
INTRODUCING AND APPROVING THE BUDGET OF
THE WASHINGTON BOROUGH BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the governing body of the Borough of Washington on June 4, 2003 adopted
Ordinance 7-2003 creating the Washington Borough Special Improvement District; and
WHEREAS, the governing body of Borough of Washington designated the Washington Borough
Business Improvement District Management Corporation as the District Management Corporation
for the Special Improvement District; and
WHEREAS, the Washington Borough Business Improvement District Management Corporation
Board of Directors have approved a 2026 Business Improvement District Budget for submittal to
Borough Manager for submission to the Mayor and Council of the Borough of Washington for
their consideration; and
WHEREAS, pursuant to N.J.S.A. 40:56-80 and N.J.S.A. 40:56-84, the governing body of
Borough of Washington is required to approve the budget and fix the time and place for the holding
of a public hearing upon the budget;
WHEREAS, the governing body of Washington Borough has determined that at least ten days
prior to the hearing a complete copy of the proposed budgets shall be: (a) posted on the bulletin
board in the Borough Municipal Building; (b) made available to each person requesting the same
before and during the public hearing; (c) a copy of the budget shall be advertised along with the
date, time and place of the hearing in a newspaper published in the county and circulating in the
municipality at least 10 days prior to the hearing; and (d) the hearing shall be held not less than 28
days after the approval of the budget.
NOW, THEREFORE, BE IT RESOLVED the governing body of the Borough of Washington
that:
(1) The Washington Borough Business Improvement District budget is hereby introduced and
approved by the governing body of the Borough of Washington for the period of January 1,
2026 – December 31, 2026 in the amount of $367,500.
(2) The hearing on the Washington Borough Business Improvement District Budget shall be
Tuesday, March 17, 2026;
(3) A special assessment in the amount of $275,000 will be imposed and will be collected with
either the regular tax payment (or payment in lieu of taxes), or otherwise, on properties located
within the Borough of Washington as set forth within Ordinance 7-2003 as amended from
time to time and the assessment proposed will be determined by the Borough Assessor;
(4) Payments received by the Borough of Washington for the District will be transferred to the
Washington Borough Business Improvement District Management Corporation to be
expended in accordance with the approved budget;
(5) The Borough Clerk will be authorized to forward a certified copy of the adopting resolution
to Washington Borough Business Improvement District Management Corporation, the
Warren County Board of Taxation, and the Director of the Division of Local Government
Services in the State of New Jersey Department of Community Affairs after the public hearing
and adoption by a majority vote of the full membership of the governing body.
(6) The proposed Budget is attached and made part of this Resolution.
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RESOLUTION 2026-41
AUTHORIZING BUDGET TRANSFERS
FOR FISCAL YEAR 2025 APPROPRIATIONS IN THE AMOUNT OF $ 39,400.00 IN THE
CURRENT FUND.

WHEREAS, N.J.S.A. 40A: 4-58 provides for appropriations transfers during the first three (3) months of
the following fiscal year,
WHEREAS, it has been determined that it is necessary to expend for any of the purposes specified in the
budget an amount in the excess of the sum appropriated therefore and where it has been further
determined that there is an excess in any appropriation over and above the amount deemed to be
necessary to fulfill the purpose of such appropriation.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Washington,
County of Warren, State of New Jersey, the Chief Financial Officer Natasha S. Turchan, be and the same
is hereby authorized to make transfers
among the Fiscal Year 2025 Budget in the amount of $39,400.00 in the Current Fund.

Department
Current Fund

Category

Police Shared Services

Other Expenses

Group Insurance

Other Expenses

Total

TO

FROM

39,400.00
39,400.00
$39,400.00

$39,400.00

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RESOLUTION 2026-46
AUTHORIZING EXECUTION OF DOT PAVEMENT PRESERVATION NORTH
CONRACT-13, FY 2025 PROJECT AGREEMENTS
WHEREAS, the New Jersey Department of Transportation (“State”), is in transition to
new agreements approved by the Federal Highway Administration; and
WHEREAS, the Borough of Washington (the “Borough”) is asked to execute a
Municipal Utility Engineering and Construction Agreement (UECA), Utility Engineering and
Construction Agreement Municipal Amendment (Amendment; and
WHEREAS, the proposed Utility Engineering and Construction Agreement (UECA-6PP North Contract 13, FY 2026-263080 covering the understanding between the State of New
Jersey Department of Transportation and the Borough of Washington (Sewer) for verification
design, protection and/or relocation of certain public works facilities in connection with the
design and construction of the referenced project; and
NOW, THEREFORE, BE IT RESOLVED BY the Council of the Borough of
Washington as follows:
1. The Borough Manager/and or Mayor of the Borough of Washington are hereby
authorized to execute a Project Agreement and any amendments thereto with the State.
2. The Borough agrees to comply with all applicable federal, state, and local laws, rules, and
regulations in its performance of the project; and
3. This resolution shall take effect immediately.

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RESOLUTION 2026-47
RESOLUTION AUTHORIZING THE ACCEPTANCE OF CREDIT CARD AND
ELECTRONIC FUNDS TRANSFER PAYMENTS FOR THE PAYMENT OF CERTAIN
BOROUGH SERVICES AND RELATED FEES AND THE CHARGING OF
TRANSACTION FEES
WHEREAS, the Government Electronic Payment Acceptance Act, N.J.S.A. 40A:5-43 et seq.
("Act"), permits a municipality to establish, by resolution, a card payment system or electronic
funds transfer system to allow for the acceptance of payments by credit card and/or electronic
funds transfer for charges, taxes, fees, assessments, fines or other obligations specified by the
municipality; and
WHEREAS, N.J.S.A. 40A:5-46 authorizes a municipality to assess and collect service charges
related to obligations owed to or collected by the municipality when credits cards, debit cards, or
electronic funds transfer systems are used; and
WHEREAS, pursuant to the Act, the New Jersey Department of Community Affairs has
promulgated regulations authorizing municipalities to accept credit card and electronic funds
transfer payments in accordance with the provisions of N.J.A.C. 5:30-9.1 et seq.; and
WHEREAS, N.J.A.C. 5:30-9.9 permits a municipality, when permitted to be charged by the
processor, to charge a percentage of the transaction or a flat fee to offset the costs of electronic
receipt transactions, such fees not exceeding the municipality's cost of handling and processing
the transaction; and
WHEREAS, in order for a municipality to accept credit card and electronic funds transfer
payments, a resolution must be adopted by the governing body authorizing the same, and stating
the type of obligations which can be paid by electronic receipt and the types of electronic receipt
that will be permitted; and
WHEREAS, it is the desire and intention of the Borough to authorize the Chief Financial
Officer and the various administrative departments and divisions of the Borough to accept
payment by credit card and other electronic funds transfer for those charges, taxes, fees,
assessments, fines or other obligations including but not limited to the following:
Tax Payment
Sewer Payments
Solid Waste Payments
Recreation – Pool Passes, Pavilion Rentals
NOW, THEREFORE, BE IT RESOLVED, by the Commission of the Borough of
Washington, County of Warren, State of New Jersey that the Chief Financial Officer and the
various administrative departments and divisions of the Borough are hereby authorized to accept
credit cards and other electronic funds transfers for the payment of charges, taxes, fees,
assessments, fines or other obligations as set forth in this Resolution herein and to charge
transaction fees for the acceptance of credit cards and other electronic funds transfers; and
BE IT FURTHER RESOLVED that the use of credit card and/or other electronic
funds transfer for payment is subject to the provisions of N.J.S.A. 40A:5-43 et seq. and N.J.A.C.
5:30-9.1 et seq.

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