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Stormwater board grants waiver to allow previously certified AquaShield unit for Genisys Drive site

2287810 · February 12, 2025
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Summary

The Greenwood Stormwater Board approved a waiver allowing use of a stormwater water‑quality device that previously had New Jersey Department of Environmental Protection (NJDEP) certification but whose certification lapsed after the applicant submitted its plans.

The Greenwood Stormwater Board voted to grant a developer’s waiver request to allow use of a previously NJDEP‑certified water‑quality device at a two‑lot commercial development on Genisys Drive.

The waiver permits use of the device that was included in the developer’s original submission despite the manufacturer’s subsequent lapse in NJDEP certification. Board staff and the applicant told the board the project’s water‑quantity controls are already handled under a master plan and that a green‑infrastructure infiltration basin would consume roughly 72 feet of buildable area between the two lots.

Board staff described alternatives the applicant examined — including an infiltration ditch and higher‑cost filtration units — and said the device at issue operates by promoting settling (a swirl/settling unit). The applicant requested the waiver so the developer would not need to install a more expensive filtration system on the small lots.

The board’s motion cited Greenwood Municipal Code section 9‑158(d) and the Greenwood Stormwater Technical Standards Manual (Chapter 9, Table 9‑1) and found the applicant met the waiver criteria in Greenwood Municipal Code section 9‑162(c). The motion, offered by a board member and seconded, passed on a voice vote with all present voting “aye.”

Board staff recommended limiting the waiver to devices submitted before a cut‑off date for new standards; engineering staff suggested that submittals filed before a change in certification policy be reviewed under the rules in effect at the time they were filed. Staff also noted it remains possible the manufacturer will recertify the device with NJDEP.

The board did not attach additional conditions to the waiver. The applicant was identified in the meeting as Davis Holmes and represented by Stepworth and Associates (Brian Brown was named in the presentation).