STILLWATER TOWNSHIP COMMITTEE MEETING
February 16, 2021 – Regular Meeting
A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:01 p.m. noting the meeting date, time and place were duly published in the New Jersey Herald and posted at the Town Hall and advised those present that this meeting was being held in compliance with provisions of P.L. 1975, Chapter 231, Sections 4 & 13. Mayor Chammings added the meeting was being held virtually on Zoom and this meeting was also advertised with the link in the New Jersey Herald, the Stillwater Township website (www.stillwatertownshipnj.com) on the Stillwater Township Face Book page. PRESENT: Committeewoman Rumsey, Deputy Mayor Scott, Committeeman Fisher, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: Committeeman Morrison
EXECUTIVE SESSION: 6:32 p.m. held in Town Hall
After the reading of the following Resolution to enter into Executive Session, a motion was made by Mrs. Rumsey, seconded by Mr. Scott and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 6:34 p.m.
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting under certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Stillwater, in the County of Sussex and State of New Jersey as follows:
1. The public shall be excluded from that portion of this meeting.
2. The general nature of the subject matter to be discussed is as follows: Contract
3. As nearly as can now be ascertained, the matter or matters to be discussed at this time will be disclosed to the public when such matters are resolved.
There being no further business to attend to, a motion was made by Mrs. Rumsey, seconded by Mr. Scott to conclude the Executive Session at 7:01 p.m., unanimously carried by roll call vote.
Roll Call was taken and the flag was saluted.
BUDGET DISCUSSION – Tammy Leonard, CFO
The discussion began with salaries. The Township Committee received two memos. The first from the clerk who has asked for compensation for being the website and social media coordinator. Mayor Chammings said the clerk has worked hard on the website. The clerk said she would like to add Twitter and the Neighborhood platforms to the township’s social media accounts. The clerk said Facebook and social media is the best way to get the “word” out to residents. Mayor Chammings asked what the person was compensated in the past. The CFO will let the township committee know the amount. Mayor Chammings said they would wait to decide until then.
The Construction Official also provided a memo regarding his salary. He asked to be brought up to $50 per hour which is the median salary in the area. Mayor Chammings noted the construction official has been employed in the township for four years now and is in favor of an increase. The construction official will be obtaining his plumbing license soon and would be able to substitute when the plumbing inspector is out. Mrs. Rumsey said she is in favor of the increase as well noting the construction official goes above and beyond for the residents. Mr. Fisher added he meets with employees as well-off hours if needed. The Township Committee agreed with the construction official’s request for $50 per hour.
The Township Committee agrees with the three percent (3%) raise for 2021 for all employees.
Mrs. Leonard had a few questions on other budget items which were answered by the governing body. Mrs. Leonard stated the backhoe is used for trash compacting and will use some Clean Communities Grant money to go towards purchasing the new backhoe for the DPW.
The Fire Department’s request for a new Rescue-Pumper was discussed next. The CFO said if the township committee would like they may sign the contract in 2021 to lock in the price as long as the truck will not be delivered until October of 2022 so the truck funding could be part of the September 2022 Bond Anticipation Note.
Mayor Chammings said this new truck replaces two vehicles with a cost of $800,000.00. Mrs. Rumsey added if the township purchased two separate vehicles the rescue truck would cost $600,000 and the pumper $400,000 with a combined total of $1,000,000. Mrs. Rumsey continued the combined truck is the most cost effective and cost-efficient way to go. Mrs. Rumsey said she feels the fire department is vey responsible in their design of the combination truck. Mr. Scott agreed. Mr. Fisher said he feels the truck is overpriced and asked the fire department to get another quote that would be an apple to apples quote for the Seagrave.
Chief Sugar discussed the three trucks they compared. One company no longer sells in New Jersey so it was out. The other truck that was quoted was really not comparable to the Seagrave in its ability only in its cost. Chief Sugar explained the reasons other manufacturers were not asked to provide quotes. Mr. Fisher thanked Chief Sugar and noted they had not been told of the truck committees’ findings before today and was glad they had done their due diligence.
The Township Committee added the new rescue-pumper to the 2021 Capital budget.
SPECIAL OPEN PUBLIC SESSION:
Mayor Chammings noted Mr. John Torregrossa, President of Lake Plymouth Association was in the audience with his contractor so Mayor Chammings amended the agenda to allow Mr. Torregrossa to discuss the letter sent to him by the Township Committee regarding the Lake Plymouth dam repair.
Mr. Torregrossa and Mr. Joseph J Venito II, President of On-Line Contracting Inc. of Denville, NJ, were in attendance to discuss the Township Committee’s January 22, 2021 letter to Lake Plymouth Association stating the Township could not co-sign the co-borrower’s agreement for the Lake Plymouth Dam Repair because they felt the project would exceed the $600,000.00 loan.
Mr. Venito II discussed options to do the project he felt were going to allow the project to more forward within the $600,000.00 budget. The Township Committee asked Mr. Venito II if he would speak to the engineer of the project and the State’s project manager to see if what he outlined was a feasible option and then come back to discuss.
Mrs. Rumsey made it clear to the Lake Plymouth Lake residents that other Stillwater residents not living in their private lake community would not pay for this project.
January 16, 2021 Budget Meeting Minutes: A motion was made by Mr. Scott to adopt the Minutes, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
January 19, 2021 Regular and Executive Meeting Minutes: A motion was made by Mr. Scott to adopt the Minutes, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
REPORTS: ACO Report for October – December 2020
Tax Assessor Annual Report for 2020
Employee time carry-over report for 2020
Registrar Certified Copy Report for January 2021
Zoning Officer Report for January 2021
Tax Collector Report for January 2021
Building Department Report for January 2021
QPA Report for January 2021
Fire Department Report for January 2021
Mr. Fisher asked to pull the Tax Assessor’s Annual Report from the list to be considered separately. A motion was made by Mr. Scott to accept the Reports, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Mr. Fisher stated the Tax Assessor report is not a report but a job description. Mr. Fisher added the Assessor leaves early to do inspections but does not list what inspections noting the construction officials maintain a log of the inspections done and their approvals/disapprovals. Mayor Chammings said if you want something specific in the report you should ask. Mayor Chammings said Mr. Bolcato had prepared a memo for the township committee regarding the tax assessor’s responsibilities to the township committee and she asked the committee to wait until after they read the memo to comment.
A motion was made by Mrs. Rumsey to accept the Tax Assessor’s report, seconded by Mayor Chammings. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, no, Mr. Fisher, no Mayor Chammings, yes.
The Tax Assessor Report was not accepted.
BILLS LIST #02: $ $3,966,699.03
RESOLUTION 2021-030 Authorizing Payment of Bills
WHEREAS, the Chief Finance Officer has certified that funds are available in the proper account; and
WHEREAS, the Chief Finance Officer has approved payment upon certification from the Township Department Heads that the goods and/or services have been rendered to the Township;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Committee of the Township of Stillwater that the current bill lists, dated February 16, 2021 and on file and available for public inspection in the Office of the Chief Finance Officer and approved by the Chief Finance Officer for payment, be paid.
A motion was made by Mr. Scott to adopt Resolution 2021-030, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Mr. Scott said the DPW is working hard and overtime with all the snow every other day.
Mr. Scott reported the Recreation Commission meeting was cancelled due to the major snowstorm on February 1st.
Mr. Scott said the Planning Board meeting will be held tomorrow February 17, 2021 via zoom.
Mr. Fisher said he did not have an update. The clerk noted she will reach out to Mr. Simmons and has not yet received a reply to her e-mail.
Mrs. Rumsey reported from the Stillwater Board of Education meeting an ABC Book and Video was made by the 2nd graders and presented to the BOE Members as a thank you for all they do for the school.
The Superintendent reported per the BOH updates, contact tracing will only occur now if test positive. No letters will be sent out unless there is a direct contact from a positive person.
Mrs. Rumsey also reported the 6th grade class trip is officially scheduled to Lynnwood McDonald Camp. The cost for days only is $80 to $100 per student and overnight would be $100 to $120 per student. The students will definitely be attending days and there are many activities to choose from.
Mrs. Rumsey said the school board is working with Planet Network to switch internet services. Their Centurylink contract expires in June.
Mrs. Rumsey said for all upcoming school and local events to go to the schools’ website Newsletter.
Mrs. Rumsey reported the first through fourth graders are back in school with the option to do remote.
Mrs. Rumsey noted a new and exciting Physical Education program coming and it is an Inter Active Light, Sound, 3D sensors Video program similar to Laser Tag with over 35 different programs. Starting the second year and each year after the school will receive four additional programs at no extra cost. Stillwater School will be the first school in the state to use this program. A short video was shown at the meeting to show everything it can do. It looks like so much fun.
Community Center Report: Mrs. Rumsey reported the handicap bathroom is complete. The electrician will be working to finish the men’s room and new installing ceiling tiles and LED pot lights in the main hall. Mrs. Rumsey added she and a group of volunteers give the community center a good cleaning hoping to have the building be used more often. Mrs. Rumsey noted the Community Center still needs a sign in Covid book and thermometer set up for all who enter the building.
Mrs. Rumsey said she cannot thank Mr. Raff and his DPW crew enough for all the work they’ve done. Especially to Mr. Hawkins who worked so hard on the bathrooms.
FD/EMS: Mrs. Rumsey reported Chief Sugar will provide the Township Committee with call for service numbers. Mrs. Rumsey reported the fire department conducted an ice rescue drill which was very successful noting with all our lakes she is more confident if the need arises Stillwater Fire Department will be ready.
Mrs. Rumsey said the CERT members have been working at the Vaccine Site at the Fairgrounds and she is very proud of them their representation of our township.
Mayor Chammings reported she attended the Environmental Commission meeting where they discussed the amphibian crossing and a clear-cut lot on County Route 521.
Mayor Chammings also noted DPW had been working extremely hard and asked the clerk to prepare a commendation for the next meeting.
AMENDMENTS TO AGENDA Mayor Chammings added Resolution 2021-038 to new business.
OPEN PUBLIC SESSION:
Craig Williams, Anne Road, said his road is just barely maintained and the person who has been plowing the road truck is not working and he said he will not fix it. Mr. Williams asked about the Township taking over maintaining the road. Mayor Chammings said in order for the Township to take over the road the residents of Anne Road would have to bring their road up to current standards. Mr. Scott added all the residents of Anne Road would have to agree. Mr. Williams was not confident he would have half let alone all of the residents agree. Mr. Scott will call Mr. Williams and schedule a walk of Anne Road to see what other options are available to those residents.
Scott Douglas, President of Paulinskill Lake Association, also thanked the DPW for their hard work during this difficult month of storms. Mr. Douglas also asked for an update on 963 Ridge Road which is an abandoned property but noted with all the snow he did not feel anyone would be on the property now.
Heidi Mountford, Mt. Benevolence Road, said she agreed with the township committee’s decision to give the construction official a raise. Mrs. Mountford said he is always very attentive and called her during his off hours. Mrs. Mountford was also happy to hear the township is considering digitalizing the building department files and hoped they would be shared with the public for easy access. Mrs. Mountford said there is sometimes a significant time lag getting information from the township. Mrs. Mountford praised the employees in the building department but will be attending the Planning Board meeting to discuss getting information in a timely manner.
Seeing no one else from the public who wished to speak this portion of the meeting was closed.
Update on 992 Fairview Lake Road (Block 2401 Lot 37) – Mayor Chammings noted she received an e-mail just recently and did not have the time to review it. Mr. Bolcato indicated the DEP had questions. Mr. Scott said the roof has collapsed on the building from the weight of the snow. Mayor Chammings said there would be more of an update at the next meeting.
United Telephone Refund: Mr. Bolcato said the tax assessor had sent him correspondence United
Telephone had sent the State stating that less than 51% of the telephone usage was United Telephones’ so they were no longer responsible for paying right-of-way taxes. The clerk will ask the CFO to put the bill on the bills list and she will have a resolution ready for the March 2nd meeting for the township committee to release the refund due.
ORDINANCE 2021-01 CALENDAR YEAR 2021 ORDINANCE OF THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX, NJ TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14 Public Hearing and Adoption
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 2.5% 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 Township Committee of the Township of Stillwater in the County of Sussex finds it advisable and necessary to increase its CY 2021 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 Township Committee hereby determines that a 1.0% increase in the budget for said year, amounting to $23,801.13in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Township Committee 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 Township Committee of the Township of Stillwater, in the County of Sussex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2021 budget year, the final appropriations of the Township of Stillwater shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $83,303.96, and that the CY 2021 municipal budget for the Township of Stillwater be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any 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.
A motion was made by Mr. Scott to adopt Ordinance 2021-01, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
ORDINANCE 2021-02 Authorizing the Public Sale of Real Property to Contiguous Property Owners Pursuant to N.J.S.A. 40A:12-139(b)(5). Public Hearing and Adoption
WHEREAS, the Township of Stillwater is the owner of certain real property set forth in Schedule “A”, which properties are not needed or required for municipal use; and
WHEREAS, the lots are less than the minimum size required for development under the municipal ordinance and is without capital improvements; and
WHEREAS, the Township Committee deems it in the best interest of the Township of Stillwater to sell the properties to owners of each contiguous property in accordance with the provisions of N.J.S.A. 40A:12-13(b)(5) and N.J.S.A. 40A:12-13.2; and
WHEREAS, the sale shall be conducted as an auction limited to contiguous property owners to be held at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860 on March 16, 2021, at 7:00pm or such adjourned date as may be determined by the Stillwater Township Committee; and
NOW, THEREFORE, BE IT ORDAINED by the Stillwater Township Committee as follows:
Potential Bidders are advised:
(1) To conduct all necessary title searches prior to the date of sale.
(2) No representations of any kind are made by the Township of Stillwater as to the conditions of the Property, including habitability or usability; the Property is being sold in its present conditions ”as is”.
(3) The Property will be conveyed by a Quit Claim Deed and such conveyance shall be subject to all covenants, restrictions, reservations and easements established of record or by prescription and without representation as to character of title of the Property to be conveyed.
(4) The highest bidder for the Property shall have the right, at its sole cost and expense, to obtain a new survey of the Property. Provided such survey depicts the Property and is certified to be correct to the Township of Stillwater, the Township of Stillwater shall utilize the legal description drawn in accordance with such survey in the Deed of conveyance, provided the highest bidder provides such legal description and a copy of the certified survey to the Township of Stillwater not less than one week prior to the date set for closing of title.
Additional Terms the Successful Bidder must comply with:
(1) To abide by appropriate zoning, subdivision, health and building regulations and codes and stipulate that this sale will not be used as grounds to support any variance from the regulations.
(2) That the failure to close title as agreed shall forfeit to the Township of Stillwater any and all money deposited with the Township.
A motion was made by Mr. Scott to adopt Ordinance 2021-02, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Mayor Chammings said the public sale will be on Tuesday, March 16, 2021 at 7:00 p.m.
AN ORDINANCE OF THE TOWNSHIP OF STILLWATER, SUSSEX COUNTY, NEW JERSEY AMENDING AND MODIFYING CHAPTER 240 “land Development”, aRTICLE ii “iNTERPRETATION; dEFINITIONS”, Section 4 “Definitions”, and ARTICLE vii “sITE IMPROVEMENT STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT”, Section 89 “STORMWATER management”, OF THE TOWNSHIP OF STILLWATER
WHEREAS, the Township of Stillwater (the “Township”) regulates the control and discharge of stormwater through the use of stormwater best management practices and nonstructural stormwater management strategies; and
WHEREAS, on March 2, 2020, the New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) adopted amended stormwater management rules at N.J.A.C. 7:8-1, et seq. (the “Amended Rules”), which require municipalities to revise their stormwater control Ordinances in accordance with the Amended Rules.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Stillwater, Sussex County, New Jersey, as follows:
Section 4 “Definitions” of Article II “Interpretation; Definitions” of Chapter 240 “Land Development” of the Township of Stillwater is hereby amended, as follows:
“Development” is repealed in its entirety
“Major Development” is repealed in its entirety
Section 89 “Stormwater Management” of Article VIII “Site Improvements Standards for Residential and Nonresidential Development” of Chapter 240 “Land Development”, of the Township of Stillwater is hereby repealed and replaced, in its entirety, as follows:
Section I. Scope and Purpose:
Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
The purpose of this Ordinance is to establish minimum stormwater management requirements and controls for “major development,” as defined below in Section II.
Development approvals issued pursuant to this Ordinance are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This Ordinance is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this Ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
Section II. Definitions:
For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
“Community basin” means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
“Compaction” means the increase in soil bulk density.
“Contributory drainage area” means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
“Core” means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
“County review agency” means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
“Department” means the New Jersey Department of Environmental Protection.
“Designated Center” means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
“Design engineer” means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
“Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, 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 is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
In the case of development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act , N.J.S.A. 4:1C-1, et seq.
“Disturbance” means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
“Drainage area” means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
“Environmentally constrained area” means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.
“Environmentally critical area” means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
“Green infrastructure” means a stormwater management measure that manages stormwater close to its source by:
“HUC 14” or “hydrologic unit code 14” means an area within which water drains to a particular receiving surface water body, also known as a sub watershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
“Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
“Infiltration” is the process by which water seeps into the soil from precipitation.
“Lead planning agency” means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
“Major development” means an individual “development,” as well as multiple developments that individually or collectively result in the disturbance of one or more acres of land since February 2, 2004;
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually result in the disturbance of one or more acres of land since February 2, 2004. Projects undertaken by any government agency that otherwise meet the definition of “major development” but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered “major development.”
“Motor vehicle” means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
“Motor vehicle surface” means any pervious or impervious surface that is intended to be used by “motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
“Municipality” means any city, borough, town, township, or village.
“New Jersey Stormwater Best Management Practices (BMP) Manual” or “BMP Manual” means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department’s determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Section IV.F and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
“Node” means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
“Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
“Person” means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants.
“Recharge” means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
“Regulated impervious surface” means any of the following, alone or in combination:
“Regulated motor vehicle surface” means any of the following, alone or in combination:
quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
“Sediment” means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
“Site” means the lot or lots upon which a major development is to occur or has occurred.
“Soil” means all unconsolidated mineral and organic material of any origin.
“State Development and Redevelopment Plan Metropolitan Planning Area (PA1)” means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State’s future redevelopment and revitalization efforts.
“State Plan Policy Map” is defined as the geographic application of the State Development and Redevelopment Plan’s goals and statewide policies, and the official map of these goals and policies.
“Stormwater” means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
“Stormwater management BMP” means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
“Stormwater management measure” means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
“Stormwater runoff” means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
“Stormwater management planning agency” means a public body authorized by legislation to prepare stormwater management plans.
“Stormwater management planning area” means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
“Water control structure” means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
“Wetlands” or “wetland” means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Section III. Design and Performance Standards for Stormwater Management Measures.
Section IV. Stormwater Management Requirements for Major Development
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
|Best Management Practice||Stormwater Runoff Quality
|Groundwater Recharge||Minimum Separation from Seasonal High Water Table
|Grass Swale||50 or less||No||No||2(e)
|Manufactured Treatment Device(a) (g)||50 or 80||No||No||Dependent upon the device|
|Pervious Paving System(a)||80||Yes||Yes(b)
|Small-Scale Bioretention Basin(a)||80 or 90||Yes||Yes(b)
|Small-Scale Infiltration Basin(a)||80||Yes||Yes||2|
|Small-Scale Sand Filter||80||Yes||Yes||2|
|Vegetative Filter Strip||60-80||No||No||—|
(Notes corresponding to annotations (a) through (g) are found below)
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
|Stormwater Runoff Quality
Separation from Seasonal High
|Bioretention System||80 or 90||Yes||Yes(b)
|Standard Constructed Wetland||90||Yes||No||N/A|
(Notes corresponding to annotations (b) through (d) are found below)
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
|Stormwater Runoff Quality
Separation from Seasonal High
|Extended Detention Basin||40-60||Yes||No||1|
|Manufactured Treatment Device(h)||50 or 80||No||No||Dependent
|Subsurface Gravel Wetland||90||No||No||1|
Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at Section IV.O.2;
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along at least 50 percent of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e) designed with a slope of less than two percent;
(f) designed with a slope of equal to or greater than two percent;
(g) manufactured treatment devices that meet the definition of green infrastructure at Section II;
(h) manufactured treatment devices that do not meet the definition of green infrastructure at Section II.
|Maximum Contributory Drainage Area|
|Dry Well||1 acre|
|Manufactured Treatment Device||2.5 acres|
|Pervious Pavement Systems||Area of additional inflow cannot
exceed three times the area
occupied by the BMP
|Small-scale Bioretention Systems||2.5 acres|
|Small-scale Infiltration Basin||2.5 acres|
|Small-scale Sand Filter||2.5 acres|
Table 4 – Water Quality Design Storm Distribution
R = A + B – (A x B) / 100,
R = total TSS Percent Load Removal from application of both BMPs, and
A = the TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP
Section V. Calculation of Stormwater Runoff and Groundwater Recharge:
or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at:
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
Section VI. Sources for Technical Guidance.
The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
Section VII. Solids and Floatable Materials Control Standards:
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
Section VIII. Safety Standards for Stormwater Management Basins:
A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
Elevation View –Basin Safety Ledge Configuration
Section IX. Requirements for a Site Development Stormwater Plan:
The applicant’s Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. The municipal board or official shall consult the municipality’s review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Ordinance.
The following information shall be required:
The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1″=200′ or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
This plan shall provide a demonstration of how the goals and standards of Sections III through V are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
The design and planning of the stormwater management facility shall meet the maintenance requirements of Section X, below.
The municipal official or board reviewing an application under this Ordinance may, in consultation with the municipality’s review engineer, waive submission of any of the requirements in Sections IX.C.1 through IX.C.6e when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
Section X. Maintenance and Repair.
Projects subject to review as in Section I.C shall comply with the requirements of Sections X.B and X.C.
Maintenance and inspection guidance can be found on the Department’s website at:
Section XI. Penalties:
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Ordinance shall be subject to the penalties set forth in the Township’s General Penalty Ordinance, Chapter 1, Article III, of the Township Code of Ordinances, and each day that the building, structure or land is permitted to remain in violation of this Ordinance shall be considered a separate and distinct offense. The Municipal Court shall have jurisdiction to enforce and collect any such penalty imposed in a summary manner and in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1, et seq.
Section XII. Severability:
All Ordinances or parts of Ordinances of the Township of Stillwater heretofore adopted that are inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
If any section, paragraph, subsection, clause or provision of this Ordinance shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any remaining part thereof.
Section XIII. Effective Date:
All actions of the Township taken prior to the date of adoption hereof contemplated by this Ordinance are hereby ratified and approved.
This Ordinance shall take effect immediately upon its final passage, approval and publication as provided by law.
A motion was made by Mr. Scott to Introduce Ordinance 2021-03, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-031 Approving Appointments of Township Board and Commission Members
BE IT RESOLVED by the Township Committee that they do hereby concur with the Mayor’s appointments and Committee appointments to Board and Commission Members for the year 2021 as follows:
Name Term Term Expires
Terry Beshada 5 years 13/31/2025
Alicia Gardner – 1st Alternate (unexpired term of Beshada) 5 years 12/31/2023
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, County of Sussex, State of New Jersey that they do hereby concur with the appointments herein for the year 2021.
A motion was made by Mrs. Rumsey to adopt Resolution 2021-031, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-032 Authorizing the Township of Stillwater to enter into a Cooperative Pricing Agreement
WHEREAS, it is deemed necessary to establish Departments within the Township government to provide for the orderly and efficient transaction of Township business and to promote public service.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater in the County of Sussex and State of New Jersey, as follows:
2. The following Departments are hereby established within the Township of Stillwater, effective immediately and to remain in effect until the next Reorganization Meeting of the Township Committee, unless sooner modified or terminated and the member of the Township Committee assigned to oversee the operation of such Department is as follows:
Committeewoman Rumsey: Fire Department, Public Safety, School Boards, Community Center
Committeeman Morrison: Finance/Auditors, Board of Health, Personnel
Committeeman Scott: DPW, Recreation Commission, Planning Board
Committeeman Fisher: Recycling Center, Gypsy Moth, Public Safety,
Mayor Chammings: Environmental Commission, Engineering, Personnel, Legal, Zoning Board
A motion was made by Mr. Scott to adopt Resolution 2021-032, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-033 Mayor’s Appointment of Abigail N. Casario as Member of the Stillwater Area Volunteer Fire Department with Committee Concurrence
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater do hereby concur with the Mayor’s appointment of Abigail N. Casario as a Member of the Stillwater Area Volunteer Fire Department.
BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, February 16, 2021.
A motion was made by Mr. Scott to adopt Resolution 2021-033, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey,abstained, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-034 Mayor’s Acceptance of Walter VanKirk’ s Resignation as Part-Time Fire Inspector with Committee Concurrence
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater they do hereby concur with the Mayor’s acceptance of the resignation of Walter VanKirk as Fire Inspector and Fire Sub-Code Official effective Tuesday, February 28, 2021.
The Township Committee unanimously agreed they were accepting this resignation with regrets and wished Mr. VanKirk all the best in his retirement.
A motion was made by Mr. Scott to adopt Resolution 2021-034, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-035 Authorizing the Payment of Redemption Block 3807 Lot 8.05
WHEREAS, on December 15 ,2020 Gisela Rutnik, Collector
Of Taxes sold at public sale Tax Lien for delinquent municipal lien on premises known as
Block 3807 Lot 8.05 to C & E Tax Lien Fund 1 PO Box 5021 PHILADELPHIA, PA 19111
WHEREAS, the Collector has received redemption of said lien on February 8, 2020
And has deposited said sum in the current account of the Township of STILLWATER,TOWNSHIP
NOW, THEREFORE BE IT RESOLVED, by the Mayor and Committee of the Township of
1. As soon thereafter as the redemption funds have cleared the current account, payment shall
Be made to the holder of the Certificate of Sale in the sum of 8,207.09
There was also a Premium paid in the amount of $ 18,100.00 to be added to the certificate holder,
Provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.
A motion was made by Mr. Scott to adopt Resolution 2021-035, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-036 Mayor’s Appointment of Richard Bizik Jr. as Fire Inspector with Committee concurrence
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater they do hereby concur with the Mayor’s appointment of Richard Bizik, Jr. as Fire Inspector with an annual salary of $2,500.00 effective March 1, 2021.
A motion was made by Mr. Scott to adopt Resolution 2021-036, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-037 Mayor’s Appointment of Patrick Murphy as Fire Sub-Code Official with Committee concurrence
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater they do hereby concur with the Mayor’s appointment of Patrick Murphy as Fire Sub-code Official with an annual salary of $2,500.00 effective March 1, 2021.
A motion was made by Mrs. Rumsey to adopt Resolution 2021-037, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
Resolution 2021-038 Mayor’s Appointment of Owen Wright as Member of the Stillwater Area Volunteer Fire Department with Committee Concurrence
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater do hereby concur with the Mayor’s appointment of Owen Wright as a Member of the Stillwater Area Volunteer Fire Department.
BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, February 16, 2021.
A motion was made by Mr. Scott to adopt Resolution 2021-038, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.
OPEN PUBLIC SESSION
Seeing no one from the public wishing to speak this portion of the meeting was closed.
ATTORNEY’S REPORT: Mr. Bolcato said he has nothing further to report.
There being no further business, Mrs. Rumsey made a motion to adjourn the meeting, seconded by Mr. Fisher at 9:57 p.m. In a voice vote, all were in favor.
Lynda Knott, Township Clerk
Stillwater Township offers residents a Recycling and Convenience Center for household trash and recycling.
Residents are able to view property tax information through the Municipal Software Inc. system. You may find a property by entering the property’s location or block, lot and qualifier.
Stillwater Township posts all information about bids and proposals for township projects on a dedicated page.
Visit the Office of Emergency Management page for links and the latest information