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
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.
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.
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 15th 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 22nd 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.
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.
AN ORDINANCE OF THE TOWNSHIP OF STILLWATER, SUSSEX COUNTY, NEW JERSEY AMENDING AND MODIFYING CHAPTER 240 “land Development”, aRTICLE ii “iNTERPRETATION; dEFINITIONS”, Section 4 “Definitions”, and ARTICLE vii “sITE IMPROVEMENT STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT”, Section 89 “STORMWATER management”, OF THE TOWNSHIP OF STILLWATER
WHEREAS, the Township of Stillwater (the “Township”) regulates the control and discharge of stormwater through the use of stormwater best management practices and nonstructural stormwater management strategies; and
WHEREAS, on March 2, 2020, the New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) adopted amended stormwater management rules at N.J.A.C. 7:8-1, et seq. (the “Amended Rules”), which require municipalities to revise their stormwater control Ordinances in accordance with the Amended Rules.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Stillwater, Sussex County, New Jersey, as follows:
Section 4 “Definitions” of Article II “Interpretation; Definitions” of Chapter 240 “Land Development” of the Township of Stillwater is hereby amended, as follows:
“Development” is repealed in its entirety
“Major Development” is repealed in its entirety
Section 89 “Stormwater Management” of Article VIII “Site Improvements Standards for Residential and Nonresidential Development” of Chapter 240 “Land Development”, of the Township of Stillwater is hereby repealed and replaced, in its entirety, as follows:
Section I. Scope and Purpose:
Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
The purpose of this Ordinance is to establish minimum stormwater management requirements and controls for “major development,” as defined below in Section II.
Development approvals issued pursuant to this Ordinance are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This Ordinance is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this Ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
Section II. Definitions:
For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
“Community basin” means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
“Compaction” means the increase in soil bulk density.
“Contributory drainage area” means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
“Core” means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
“County review agency” means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
“Department” means the New Jersey Department of Environmental Protection.
“Designated Center” means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
“Design engineer” means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
“Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
In the case of development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act , N.J.S.A. 4:1C-1, et seq.
“Disturbance” means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
“Drainage area” means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
“Environmentally constrained area” means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.
“Environmentally critical area” means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department’s Landscape Project as approved by the Department’s Endangered and Nongame Species Program.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
“Green infrastructure” means a stormwater management measure that manages stormwater close to its source by:
“HUC 14” or “hydrologic unit code 14” means an area within which water drains to a particular receiving surface water body, also known as a sub watershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
“Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
“Infiltration” is the process by which water seeps into the soil from precipitation.
“Lead planning agency” means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
“Major development” means an individual “development,” as well as multiple developments that individually or collectively result in the disturbance of one or more acres of land since February 2, 2004;
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually result in the disturbance of one or more acres of land since February 2, 2004. Projects undertaken by any government agency that otherwise meet the definition of “major development” but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered “major development.”
“Motor vehicle” means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
“Motor vehicle surface” means any pervious or impervious surface that is intended to be used by “motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
“Municipality” means any city, borough, town, township, or village.
“New Jersey Stormwater Best Management Practices (BMP) Manual” or “BMP Manual” means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department’s determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Section IV.F and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
“Node” means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
“Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
“Person” means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants.
“Recharge” means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
“Regulated impervious surface” means any of the following, alone or in combination:
“Regulated motor vehicle surface” means any of the following, alone or in combination:
quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
“Sediment” means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
“Site” means the lot or lots upon which a major development is to occur or has occurred.
“Soil” means all unconsolidated mineral and organic material of any origin.
“State Development and Redevelopment Plan Metropolitan Planning Area (PA1)” means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State’s future redevelopment and revitalization efforts.
“State Plan Policy Map” is defined as the geographic application of the State Development and Redevelopment Plan’s goals and statewide policies, and the official map of these goals and policies.
“Stormwater” means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
“Stormwater management BMP” means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
“Stormwater management measure” means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
“Stormwater runoff” means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
“Stormwater management planning agency” means a public body authorized by legislation to prepare stormwater management plans.
“Stormwater management planning area” means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
“Water control structure” means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
“Wetlands” or “wetland” means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Section III. Design and Performance Standards for Stormwater Management Measures.
Section IV. Stormwater Management Requirements for Major Development
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
|Best Management Practice||Stormwater Runoff Quality
|Groundwater Recharge||Minimum Separation from Seasonal High Water Table
|Grass Swale||50 or less||No||No||2(e)
|Manufactured Treatment Device(a) (g)||50 or 80||No||No||Dependent upon the device|
|Pervious Paving System(a)||80||Yes||Yes(b)
|Small-Scale Bioretention Basin(a)||80 or 90||Yes||Yes(b)
|Small-Scale Infiltration Basin(a)||80||Yes||Yes||2|
|Small-Scale Sand Filter||80||Yes||Yes||2|
|Vegetative Filter Strip||60-80||No||No||—|
(Notes corresponding to annotations (a) through (g) are found below)
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
|Stormwater Runoff Quality
Separation from Seasonal High
|Bioretention System||80 or 90||Yes||Yes(b)
|Standard Constructed Wetland||90||Yes||No||N/A|
(Notes corresponding to annotations (b) through (d) are found below)
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
|Stormwater Runoff Quality
Separation from Seasonal High
|Extended Detention Basin||40-60||Yes||No||1|
|Manufactured Treatment Device(h)||50 or 80||No||No||Dependent
|Subsurface Gravel Wetland||90||No||No||1|
Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at Section IV.O.2;
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along at least 50 percent of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e) designed with a slope of less than two percent;
(f) designed with a slope of equal to or greater than two percent;
(g) manufactured treatment devices that meet the definition of green infrastructure at Section II;
(h) manufactured treatment devices that do not meet the definition of green infrastructure at Section II.
|Maximum Contributory Drainage Area|
|Dry Well||1 acre|
|Manufactured Treatment Device||2.5 acres|
|Pervious Pavement Systems||Area of additional inflow cannot
exceed three times the area
occupied by the BMP
|Small-scale Bioretention Systems||2.5 acres|
|Small-scale Infiltration Basin||2.5 acres|
|Small-scale Sand Filter||2.5 acres|
Table 4 – Water Quality Design Storm Distribution
R = A + B – (A x B) / 100,
R = total TSS Percent Load Removal from application of both BMPs, and
A = the TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP
Section V. Calculation of Stormwater Runoff and Groundwater Recharge:
or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at:
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
Section VI. Sources for Technical Guidance.
The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
Section VII. Solids and Floatable Materials Control Standards:
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
Section VIII. Safety Standards for Stormwater Management Basins:
A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
Elevation View –Basin Safety Ledge Configuration
Section IX. Requirements for a Site Development Stormwater Plan:
The applicant’s Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. The municipal board or official shall consult the municipality’s review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Ordinance.
The following information shall be required:
The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1″=200′ or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
This plan shall provide a demonstration of how the goals and standards of Sections III through V are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
The design and planning of the stormwater management facility shall meet the maintenance requirements of Section X, below.
The municipal official or board reviewing an application under this Ordinance may, in consultation with the municipality’s review engineer, waive submission of any of the requirements in Sections IX.C.1 through IX.C.6e when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
Section X. Maintenance and Repair.
Projects subject to review as in Section I.C shall comply with the requirements of Sections X.B and X.C.
Maintenance and inspection guidance can be found on the Department’s website at:
Section XI. Penalties:
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Ordinance shall be subject to the penalties set forth in the Township’s General Penalty Ordinance, Chapter 1, Article III, of the Township Code of Ordinances, and each day that the building, structure or land is permitted to remain in violation of this Ordinance shall be considered a separate and distinct offense. The Municipal Court shall have jurisdiction to enforce and collect any such penalty imposed in a summary manner and in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1, et seq.
Section XII. Severability:
All Ordinances or parts of Ordinances of the Township of Stillwater heretofore adopted that are inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
If any section, paragraph, subsection, clause or provision of this Ordinance shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any remaining part thereof.
Section XIII. Effective Date:
All actions of the Township taken prior to the date of adoption hereof contemplated by this Ordinance are hereby ratified and approved.
This Ordinance shall take effect immediately upon its final passage, approval and publication as provided by law.
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.
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.
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.
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
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.
Lynda Knott, Township Clerk
Stillwater Township offers residents a Recycling and Convenience Center for household trash and recycling.
Residents are able to view property tax information through the Municipal Software Inc. system. You may find a property by entering the property’s location or block, lot and qualifier.
Stillwater Township posts all information about bids and proposals for township projects on a dedicated page.
Visit the Office of Emergency Management page for links and the latest information