March 2, 2021 Regular Meeting Minutes

Township Committee

STILLWATER TOWNSHIP COMMITTEE MEETING

MINUTES – March 2, 2021

Mayor Chammings asked for a moment of silence for Davey VanGorden who had recently passed.

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, Committeeman Morrison, Deputy Mayor Scott, Committeeman Fisher, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: None

Roll Call was taken and the flag was saluted.

COMMENDATION: Stillwater Township Department of Public Works

Mayor Chammings read the following Commendation Letter into the record:

WHEREAS, February of 2021 had numerous snow storms dropping 33.2 inches of snow in just one storm followed by subsequent snow storms and inclement weather events; and

WHEREAS, in these weeks that followed, the Stillwater DPW worked diligently and expeditiously to clear snow from the many township roads and clear drains clogged by leaves and debris; and
WHEREAS, winter maintenance is about public safety, and DPW snowplow drivers work around the clock to ensure safe driving conditions every winter season; and

WHEREAS, as winter weather is ever changing and often unpredictable, our dedicated DPW snowplow drivers often sacrifice their own family schedules to put the health and safety of our community at the forefront; and

WHEREAS, today, the Township Committee of Stillwater Township is urging all Stillwater residents to exercise caution whenever encountering snowplows on the roadway and in celebrating the important work of our township’s DPW snowplow drivers and honoring their ongoing and invaluable contributions;

NOW, THEREFORE, I, Mayor Lisa Chammings and the Township Committee of Stillwater, County of Sussex, State of New Jersey, commends the Stillwater Township DPW for their hard work and tireless efforts and offers their sincere appreciation on behalf of the residents of Stillwater Township.

IT IS WITH THE UTMOST APPRECIATION that this Committee extends this Commendation to the following individuals:

Josh Raff, Joel McAllister, Gerry Leatham, Jeff Gardner, Paul Hawkins and

Tim Wistuba

UPDATE FROM LAKE PLYMOUTH DAM REPAIR:

Mr. John Torregrossa, President of Lake Plymouth Association, was in attendance and told the township committee his contractor On-Line Contracting had spoken with Lake Plymouth’s engineer to see where costs may be cut in their project and will be providing an updated quote to the clerk. Mayor Chammings asked if the DEP was still on board with extending the grant acceptance period for the project. Mr. Torregrossa replied he had not heard from the DEP but noted it would be a long process if the State moved forward with having them remove the dam. Mr. Torregrossa also said no work could be done on the site because of all the snow cover so they would have to allow more time just for that fact. Mr. Torregrossa will be back at the March 16, 2021 meeting for further discussion.

MINUTES:

February 16, 2021 Regular and Executive Meeting Minutes were tabled until the March 16, 2021 meeting.

BILLS LIST #03: $ $963,722.40

RESOLUTION 2021-039 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 March 2, 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 2021-039, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott reported the Recreation Commission meeting was held last evening and chairpersons were chosen for different functions. Mr. Scott said the clerk will be receiving copies of all field use forms so the township s aware of who is using the fields. Mr. Scott said pets in the parks was also discussed because complaints were made about people not cleaning up after their pets. Mr. Scott noted the township has a leash law ordinance but it is not being followed and asked who will enforce the ordinance. The clerk answered she had received a call from the animal control officer who said he would enforce the ordinance and his number should be given to the coaches in order to contact him if they see someone violating the law.

Mr. Scott reported the township committee was not in favor of funding paving of park parking lots in the 2021 budget. Mr. Sylvester asked Mr. Scott to find out if green acres funds could be used for paving and if so asked how much was left in the account to use. Mr. Scott said he still is not in favor of paving but maybe roll and mill or oil and stone. Mr. Scott also reported there have been field maintenance concerns but those complaints have not gone to the DPW so they could not address them. Mayor Chammings suggested a fillable form on the website that would go directly to the DPW e-mail.

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 on the Baldwin Gate project. The clerk noted she will reach out to Mr. Simmons. Mr. Fisher reported he would be meeting with Recycling Coordinator Jeff Gardner and

Mayor Chammings on Saturday morning.

Mrs. Rumsey reported the 60% of the Stillwater School students were back in the classroom full days and beginning on March 15^th Fridays will be included.

Mrs. Rumsey also noted the New Jersey State Police received a grant for safety monitoring and Stillwater School was selected for the program. The School’s Administration is comfortable with the monitoring.

Community Center Report: Mrs. Rumsey commended Mr. Hawkins and co-workers for an excellent job in the community center. Ceiling tiles were replaced and LED lights were installed in the main hall. The electrician still has some work to finish and the second restroom will be complete.

Mrs. Rumsey said it has been a tough week for the fire department. Chief Sugar was one of several fireman and state troopers who met Mr. VanGorden’s body as he crossed into New Jersey to escort him home. The viewing will be held on Friday from 1 p.m. to 7 p.m. at the fire house and the funeral will be on Saturday at 11:00 a.m.

Mr. Morrison reported there will be a change to the employee handbook regarding back ground checks later in the meeting.

Mayor Chammings reported Stillwater Township’s COVID positivity rate has been increasing while surrounding municipalities rate has remained the same or lowered. Sports and sporting events seem to be areas where the positivity rate is high. Mayor Chammings said the governor has announced beginning on March 15, 2021 essential workers like teachers, DPW employees and other public employees will be able to receive COVID vaccines.

Mayor Chammings reported the OEM Mitigation Plan is moving forward. A draft of the plan will soon be available on the Sussex County website for public review.

Mayor Chammings also reported the Zoning Board of Adjustment will meet on March 22^nd and they have two pending applications.

AMENDMENTS TO AGENDA Mr. Fisher asked to have the potential new fire truck and option 2 for fire department expenses to be added to discussions.

OPEN PUBLIC SESSION:

Joseph Notary, Old School House Road, is a member of the Sussex County Habitat for Humanity. Habitat for Humanity is interested in the old Gallagher property. They are willing to clean up the property and build if the township is interested in giving them the property. Mayor Chammings said there will be an update on that property a bit later in the meeting

Scott Douglass, President of Paulinskill Lake Association thanked Mayor Chammings for working with Ms. Darling and the Kittatinny Regional High School National Honor Society Students for clearing the snow from around fire hydrants in the Paulinskill Lake area. Mayor Chammings added the students will be receiving credit for community service. Mayor Chammings wanted to name each participant and read into the record a thank you to: Steven Dalling, Kevin O’Toole, Patrick Franco, Freddy Robbins, Jack Erickson and Tyler Sweat. taking over maintaining the road. Mayor Chammings thanked Chief Sugar for letter us know what needed to be done to help.

Heidi Mountford, Mt. Benevolence Road, wanted to remind Mayor Chammings of her concerns addressed at the Zoning Board of Adjustment and Planning Board meetings. Mayor Chammings said she and Deputy Mayor Scott were setting up a time to discuss.

Seeing no one else from the public who wished to speak this portion of the meeting was closed.

OLD BUSINESS:

Update on 992 Fairview Lake Road (Block 2401 Lot 37) – Mayor Chammings reported she, Mr. Bolcato, the clerk and Alphonse Inserra, Section Chief of the Office of Direct Billing & Cost Recovery of the DEP had a conference call regarding this property. Mr. Inserra said the DEP would will be willing to work with the Township in abating or reducing the amount of the lien of the property but in order to do so the township will have to hire a Licensed Site Remediation Professions (“LSRP”) to give the DEP a clean bill of health on 992 Fairview Lake Road.

Mr. Bolcato said there was a remediation of water contamination years ago but the State will still require No Further Action (NFA) decision after being cleared by the LSRP. Mr. Bolcato added the State would also be willing to work with outside buyers as well with an Administrative Consent Order which will contain a provision requiring the new owner to commit to the clean up after they foreclose on the property.

Mayor Chammings also reported she sent an OPRA requesting the State’s records of the property. Mayor Chammings spoke with a Trisha Cotes who told her there were approximately 7 to 10 banker’s boxes of materials stored in a warehouse. Ms. Cotes could not guarantee the size of the boxes or their volume but guessed at approximately 18,000 records which would cost the township $1,000 to have copied. The township could expect to see those records in 2-3 months at a minimum. Ms. Cotes also told Mayor Chammings the records may be digitalized and gave her the name of a company NJ Legal who undertakes projects of this type. Mayor Chammings spoke with Gina at NJ Legal who told her an approximate cost of $5,000 (22 cents per page) for the project.

The Township Committee discussed their unhappiness with the State for not really offering actual guidance or determinations already concluded with the water contamination.

Mayor Chammings discussed hiring LSRPs and she, the clerk and Mr. Bolcato had contacted their engineering contacts for LSRPs they have worked with. Mayor Chammings noted she saw correspondence from an LSRP who worked for Applied and spoke to a member of the Planning Board who has used this gentleman and company and was given an excellent reference for Applied. Mr. Fisher agreed and also offered Betts Environmental as another company to request a quote. Mayor Chammings will e-mail Applied and copy the clerk and Mr. Bolcato asking if they would come and speak with the Township Committee regarding this property.

Mayor Chammings will also be walking the property with the Construction Official to see if the property could be deemed an unsafe structure because the roof has collapsed.

ORDINANCE 2021-03

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:

Policy Statement

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.

Purpose

The purpose of this Ordinance is to establish minimum stormwater management requirements and controls for “major development,” as defined below in Section II.

Applicability
This Ordinance shall be applicable to the following major developments:
Non-residential major developments; and
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
This Ordinance shall also be applicable to all major developments undertaken by the Township of Stillwater.
Compatibility with Other Permit and Ordinance Requirements.

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:

A county planning agency or
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

“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:

Treating stormwater runoff through infiltration into subsoil;
Treating stormwater runoff through filtration by vegetation or soil; or
Storing stormwater runoff for reuse.

“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:

A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a “new stormwater conveyance system” is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

“Regulated motor vehicle surface” means any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;
A net increase in motor vehicle surface; and/or

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.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
The standards in this Ordinance apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

Section IV. Stormwater Management Requirements for Major Development

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section J, below.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department’s Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Sections IV.P, Q and R:
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Section IV.O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Sections IV.O, P, Q and R to the maximum extent practicable;
The applicant demonstrates that, in order to meet the requirements of Sections IV.O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under IV.D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections IV.O, P, Q and R that were not achievable onsite.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Sections IV.O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department’s website at: https://njstormwater.org/bmp_manual2.htm.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this Ordinance the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry Well^(a)	0	No	Yes	2
Grass Swale	50 or less	No	No	2^(e) 1^(f)
Green Roof	0	Yes	No	—
Manufactured Treatment Device^{(a) (g)}	50 or 80	No	No	Dependent upon the device
Pervious Paving System^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Bioretention Basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
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)

Table 2 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)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention System	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration Basin	80	Yes	Yes	2
Sand Filter^(b)	80	Yes	Yes	2
Standard Constructed Wetland	90	Yes	No	N/A
Wet Pond^(d)	50-90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found below)

Table 3 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
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue Roof	0	Yes	No	N/A
Extended Detention Basin	40-60	Yes	No	1
Manufactured Treatment Device^(h)	50 or 80	No	No	Dependent upon the device
Sand Filter^(c)	80	Yes	No	1
Subsurface Gravel Wetland	90	No	No	1
Wet Pond	50-90	Yes	No	N/A

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;

(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.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Section VI.B. Alternative stormwater management measures may be used to satisfy the requirements at Section IV.O only if the measures meet the definition of green infrastructure at Section II. Alternative stormwater management measures that function in a similar manner to a BMP listed at Section O.2 are subject to the contributory drainage area limitation specified at Section O.2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section O.2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section IV.D is granted from Section IV.O.
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
Design standards for stormwater management measures are as follows:
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section VIII.C;
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Section VIII; and
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of two and one-half inches in diameter.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section II may be used only under the circumstances described at Section IV.O.4.
Any application for a new agricultural development that meets the definition of major development at Section II shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Sections IV.O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, “agricultural development” means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Sections IV.P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
Any stormwater management measure authorized under the municipal stormwater management plan or Ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Sections IV.O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Section X.B.5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
A stormwater management measure approved under the municipal stormwater management plan or Ordinance may be altered or replaced with the approval of the muncipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Section IV and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Section M, above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Section M, above.
Green Infrastructure Standards.
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
To satisfy the groundwater recharge and stormwater runoff quality standards at Sections IV.P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Section IV.F. and/or an alternative stormwater management measure approved in accordance with Section IV.G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	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

To satisfy the stormwater runoff quantity standards at Section IV.R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Section IV.G.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section IV.D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Section IV.G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Sections IV.P, Q and R.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Sections IV.P, Q and R unless the project is granted a waiver from strict compliance in accordance with Section IV.D.
Groundwater Recharge Standards.
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section V, either:
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.
This groundwater recharge requirement does not apply to projects subject to 4 below.
The following types of stormwater shall not be recharged:
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than “reportable quantities” as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
Industrial stormwater exposed to “source material.” “Source material” means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
Stormwater Runoff Quality Standards.
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with 2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 – Water Quality Design Storm Distribution

If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B – (A x B) / 100,

Where

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

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Sections IV.P, Q and R.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95 percent of the anticipated load from the developed site, expressed as an annual average.
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
Stormwater Runoff Quantity Standards.
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section V, complete one of the following:
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the 2-, 10- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use Ordinances in the drainage area;
Design stormwater management measures so that the post-construction peak runoff rates for the 2-, 10- and 100-year storm events are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with 2.i, ii and iii above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
The stormwater runoff quantity standards shall be applied at the site’s boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Section V. Calculation of Stormwater Runoff and Groundwater Recharge:

Stormwater runoff shall be calculated in accordance with the following:
The design engineer shall calculate runoff using one of the following methods:
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 – Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at:

https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf

or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in “Appendix A-9 Modified Rational Method” in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at:

http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term “runoff coefficient” applies to both the NRCS methodology above at SectionV.A.1.i and the Rational and Modified Rational Methods at Section V.A.1.ii. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 – Urban Hydrology for Small Watersheds or other methods may be employed.
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall consider the effects of tailwater in the design of structural stormwater management measures.
Groundwater recharge may be calculated in accordance with the following:

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:

https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf

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.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department’s website at

http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
Additional maintenance guidance is available on the Department’s website at:

https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to:

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:

Site design features identified under Section IV.F, above, or alternative designs in accordance with Section D(7), above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section VII.A.2,.below.
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

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.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
The standard in A.1. above does not apply:
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine (9.0) square inches;
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or
A bar screen having a bar spacing of 0.5 inches.

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).

Where flows are conveyed through a trash rack that has parallel bars with one-inch (1 inch) spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Section VIII. Safety Standards for Stormwater Management Basins:

1. This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
2. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and Ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Sections VIII.C.1, VIII.C.2, and VIII.C.2 for trash racks, overflow grates, and escape provisions at outlet structures.
3. Requirements for Trash Racks, Overflow Grates and Escape Provisions:
  1. A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
- 1. An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
The overflow grate spacing shall be no less than two inches across the smallest dimension
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
- 1. Stormwater management BMPs shall include escape provisions as follows:
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Section VIII.C, a free-standing outlet structure may be exempted from this requirement;
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See VIII.E for an illustration of safety ledges in a stormwater management BMP; and
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
1. Variance or Exemption from Safety Standard.

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.

1. Safety Ledge Illustration

Elevation View –Basin Safety Ledge Configuration

Section IX. Requirements for a Site Development Stormwater Plan:

Submission of Site Development Stormwater Plan.
1. Whenever an applicant seeks municipal approval of a development subject to this Ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Section IX,C, below, as part of the submission of the application for approval.
2. The applicant shall demonstrate that the project meets the standards set forth in this Ordinance.
Site Development Stormwater Plan Approval.

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.

Submission of Site Development Stormwater Plan.

The following information shall be required:

Topographic Base Map

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.

Environmental Site Analysis

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.

Project Description and Site Plans

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.

Land Use Planning and Source Control Plan

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.

Stormwater Management Facilities Map

The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
Calculations:
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section IV.
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
Maintenance and Repair Plan

The design and planning of the stormwater management facility shall meet the maintenance requirements of Section X, below.

Waiver from Submission Requirements

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.

Applicability

Projects subject to review as in Section I.C shall comply with the requirements of Sections X.B and X.C.

General Maintenance
1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3. If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners’ association) as having the responsibility for maintenance, the plan shall include documentation of such person’s or entity’s agreement to assume this responsibility, or of the owner’s obligation to dedicate a stormwater management facility to such person under an applicable Ordinance or regulation.
4. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
5. If the party responsible for maintenance identified under Section X.B.3, above, is not a public agency, the maintenance plan and any future revisions based on Section X.B.7 below, shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6. Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.).of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
7. The party responsible for maintenance identified under Section X.B.3, above, shall perform all of the following requirements:
maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;
evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Sections X.B.6 and B.7 above.
1. The requirements of Sections X.B.3 and B.4, above, do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable stormwater general permit conditions, as issued by the Department.

Maintenance and inspection guidance can be found on the Department’s website at:

https://www.njstormwater.org/maintenance_guidance.htm.

1. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it needs maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

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.

Mayor Chammings opened the floor to the public to speak regarding Ordinance 2021-03. Seeing no one who wished to speak Mayor Chammings closed this portion of the meeting.

A motion was made by Mr. Scott to Adopt Ordinance 2021-03, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

NEW BUSINESS:

ORDINANCE 2021-04 AN ORDINANCE REQUIRING PROPERTY OWNERS TO REMOVE AND CLEAER SNOW AND ICE AWAY FROM FIRE HYDRANTS Introduction – [Public Hearing and Adoption March 16, 2021]

Mr. Morrison led the discussion by saying single home owners should not be responsible for removing snow from a community asset. The rest of the governing body and Fire Chief Steven Sugar also agreed the ordinance should not look to home owners but those who owned the fire hydrants to remove snow.

A motion was made by Mr. Fisher to Introduce Ordinance 2021-04, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, no, Mr. Scott, no, Mr. Fisher, yes Mayor Chammings, no. The ordinance will be re-written to require the hydrant owner(s) to be responsible for snow removal and put on the next agenda for discussion.

DISCUSSION ITEMS:

Chapter 163. Drainage Control; Driveways: The Construction Official sent the Township Committee a memo stating that driveways are not governed by the Uniform Construction Code and upon discussion with the Zoning Officer they agreed it should fall under the Zoning Officer’s responsibilities. The Township Committee agreed and the clerk will do the amendment to the ordinance and it will be placed on the March 16, 2021 agenda for introduction.

Cross River Fiber: The Township Committee received correspondence from Cross River Fiber requesting the township give permission for their equipment to be installed on existing polls in the township. Mr. Bolcato also wrote a memo giving his legal opinion on the matter. Mayor Chammings and Mrs. Rumsey are not in favor of more equipment on polls but are in favor of the competition and the pricing it may bring to residents. The clerk will ask Mr. Brody to join the April 6, 2021 meeting to answer the Township Committee’s questions.

Back ground checks for employees: Mayor Chammings reported she had received a template for an employee manual from the clerk who received it from Statewide Insurance Fund. Mayor Chammings said she was interested in the section on employee background checks. The section was sent to Howard Vex, labor attorney for the township for his review. Mayor Chammings asked if the committee members had the opportunity to read over the proposed resolution and section to be added to the Stillwater Employee’s Manual. Everyone on the committee had read the amendment and were in favor of adopting. No further discussion was needed.

Resolution 2021-041 RESOLUTION AMENDING STILLWATER TOWNSHIP’S EMPLOYEE HANDBOOK POLICIES AND PROCEDURE MANUAL

WHEREAS, the Township of Stillwater (“Township”) maintains an Employee Handbook Policies and Procedures, last revised in 2019 (“Handbook”); and

WHEREAS, the Township Committee has requested an amendment to the Employment Process provision;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Stillwater, County of Sussex, State of New Jersey, that the Handbook is revised to incorporate the changes as reflected on the attached document referenced in Section 3 “The Employment Process” as Background Checks.

NOW, THEREFORE, BE IT FURTHER RESOLVED, the Employee Handbook Policies and Procedures (“Handbook”) is amended effective as of this date to include these changes.

If any section, subsection, sentence, clause or phrase in this resolution is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this resolution.

A motion was made by Mr. Scott to Adopt Resolution 2021-41, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Mayor Chammings said the Township will start with the last four hires and then move to other employees and volunteers.

RESOLUTIONS:

Resolution 2021-040 Authorizing the refund of Assessor’s Overbilled Property

WHEREAS, there appears on the tax records of Stillwater Township certain residents who qualify for refunds due to overbilling,

WHEREAS, said overbillings occurred due to the assessment adjustments.

WHEREAS, the Collector of Taxes recommends the refunds be made,

NOW, THEREFORE, BE IT RESOLVED, that the proper officers are hereby authorized to issue checks refunding overpayments and directed to ensure proper adjustments be made.

Assessors Overbilled Properties

BLK LOT NAME YEAR AMOUNT

5000 1 UNITED TELEPHONE 2020 $11,741.13

TOTAL $11,741.13

A motion was made by Mrs. Rumsey to Adopt Resolution 2021-41, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, no, Mr. Fisher, yes Mayor Chammings, yes.

Proposed Fire Truck: Mr. Fisher discussed his opinion that the proposed rescue-pumper purchase be postponed. Mr. Fisher noted both schools are losing a lot of funding, people are out-of-work because of the continuing pandemic and finances generally are not certain at this time. Mr. Fisher would like the Clerk to research grants (USDA and others) to see if the township would be eligible to receive additional financing for the truck so Stillwater taxpayers would not have to foot the entire bill. Mr. Fisher will send the clerk the information on the USDA grant.

The other item Mr. Fisher wanted to discuss is the “Option 2” in the 2021 budget where the fire department’s budget would be given to them directly instead of the township handling their budgeted expenses. Mr. Fisher wanted the Township Committee to note what the CFO said in her March 2, 2021 e-mail to the Township Committee:

“3. Final decision about the Fire Department budget being controlled by the department themselves. I spoke to Val and it would need to be budgeted as a contribution because the Township would not be controlling the spending. Per statute: “Any such board or company shall use not less than 50% of the funds received pursuant to this section for the purchase of fire equipment, materials and supplies”. I should be able to keep track of this with the quarterly spending reports the department will be supplying to me. I just wanted to be sure the Committee was aware of the fact the money will be considered a contribution and the 50% rule.”

Mr. Fisher said the township has a full time CFO who will be able to keep up with their purchases. Mr. Fisher also noted the PEOSHA required testing falls on the township so the township should take the responsibility to make sure it is completed.

Mrs. Rumsey said she is reading the CFO’s memo differently. “I spoke to Val and it would need to be budgeted as a contribution because the Township would not be controlling the spending. Per statute: “Any such board or company shall use not less than 50% of the funds received pursuant to this section for the purchase of fire equipment, materials and supplies”.” Mrs. Rumsey said the fire department would probably be using all of it for operating expenses and Mrs. Rumsey feels the CFO just needed clarification on where to budget the funds. Mrs. Rumsey said it is very cumbersome for the chief to come to the town hall when he needs to purchase something. The clerk said the township already pays for a requisition system that allows off-site purchasing for the fire department and the DPW which is not being used and the chief should utilize that system.

Mrs. Rumsey said she thought this situation was already hashed out and this was simply a request for budget wording. Mr. Morrison said he would still like to know how many purchase orders per year are prepared for the fire department. Mayor Chammings asked the fire chief how many times in a year they would be able to save money if they could purchase items differently. That chief could not really answer because you do not know what you could possibly fall upon.

Mr. Morrison suggested a hybrid between the two options. It was suggested that a $5,000 credit card or purchasing card be secured for the fire department to use for impulse purchases when they find something at a “fire sale” or flea market. A procurement card will also be researched for potential use in this situation. Mayor Chammings said everyone has brought up good points. Mayor Chammings would like to bring the CFO into the discussion before any decisions are made.

Items 4 and 5. of the CFO’s memo: Mayor Chammings said she would like to leave $5,000 in the Sheriff’s line and put $15,000 into the line for vacant properties to be used for 992 Fairview Lake Road. All agreed. Mayor Chammings and the Township Committee agreed with the CFO’s budget scenario which will increase taxes approximately $50 per average household. The Clerk will receive an additional $500 to be included in her salary for being the website and social medial coordinator. This position will be added to the clerk’s job description. Mr. Fisher and Mayor Chammings will be meeting with the Recycling Coordinator at 9:00 a.m. to discuss the remaining budget item.

OPEN PUBLIC SESSION

Kathy Draghi, Route 619, asked if the fire truck purchase was moving forward. Mayor Chammings said the township committee is meeting in executive session to discuss the contract and then they would decide whether or not to put the truck purchase into the budget. Mrs. Draghi asked Mr. Morrison if there were still two trucks to be sold in order to purchase the new truck. Mr. Morrison said as far as he was concerned yes two trucks would be sold.

Seeing no one else 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.

EXECUTIVE SESSION: 9:25p.m. held in Town Hall

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Fisher, seconded by Mrs. Rumsey and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 9:26 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: Contract

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 9:37 p.m., unanimously carried by roll call vote.

There being no further business, Mrs. Rumsey made a motion to adjourn the meeting, seconded by Mr. Fisher at 9:38 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, Township Clerk

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