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Board carries 30 Battle Ridge legalization; orders engineered drainage plan after neighbor complaint
Summary
An owner seeking to legalize a previously constructed basketball court, patio and other improvements at 30 Battle Ridge was required to return with a licensed landscape architect or engineer plan to address runoff; the board carried the application to May 21, 2025.
The Board of Adjustment carried an application for 30 Battle Ridge Road after testimony revealed neighbors are experiencing runoff and township engineering recommended a swale and berm to direct rear-yard runoff away from adjacent properties.
The applicant, who spoke at length but did not identify themselves by name on the record, said the existing yard improvements were installed in prior years and that a landscaper recommended a swale and berm as a solution. Township engineering submitted a memo dated Feb. 14, 2025, recommending the homeowners determine a final solution with a licensed professional; the memo stated the ultimate solution must be determined by the homeowners and their professional for review by the township.
During public comment, Kate Coffey, an attorney with Day Pitney representing the neighboring Pintos, said the site currently exceeds the township’s impervious coverage standard (the attorney referred to a typical 20% impervious standard) and urged the board to require professional plans quickly because the drainage problem was ongoing. Coffey asked for timely submission because neighbors reported current runoff problems, including during recent rain events.
The board agreed it could not design a fix itself and asked the applicant to retain a licensed landscape architect or engineer to prepare a mitigation plan that shows how runoff will be diverted or captured and that avoids transferring impacts to adjacent properties. The applicant said a landscaper (a turf/landscaping contractor) would not suffice; the board emphasized that a licensed landscape architect or engineer must produce plans that the township engineering department can review.
The board carried the matter to May 21, 2025, and required plan submission at least 10 days before that meeting in accordance with municipal land-use filing rules. The board advised the applicant that the contingency to legalize the existing improvements would include completing the mitigation work; if mitigation is not feasible or approved, the board noted improvements could be considered violations and subject to removal or further enforcement.
Why it matters: the applicant seeks retroactive approval for site work that neighbors say causes runoff onto their property; the board required a professional mitigation plan to protect downstream properties and to bring the site into compliance.
Next steps: applicant to retain a licensed landscape architect or engineer, produce a mitigation plan showing swale/berm or alternate measures, and file plans with the board secretary at least 10 days before the May 21 meeting.
