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Conflict over impervious area and —major development— rules dominates South Street Gardens hearing
Summary
Applicant and objectors offered opposing technical views on whether recent site activity and soils mean the project is subject to New Jersey's major-development stormwater rules; applicant engineer's penetrometer testing concluded many areas functionally impermeable and that the proposal reduces net impervious area, while opposition planners/engineers relied on aerial look-back and argued a major-development analysis is warranted.
A central technical dispute at the April 15 Board of Adjustment hearing was whether the South Street Gardens project triggers New Jersey's "major development" stormwater regulations, which hinge on net increases in impervious surface since 2004 and on cumulative disturbance thresholds.
Opponents used historic aerial imagery and an objector's overlay to show areas that, they say, were disturbed and now show compacted or paved surfaces not captured in the applicant's site plan; they argued that the board must scrutinize increases in impervious area and…
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