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Engineers warn new DEP-driven stormwater rules could force design changes for Fellowship Village project
Summary
Bernards Township board and applicant engineers told the planning board that a recent township drainage ordinance implementing DEP projections to 2100 could require substantially larger detention or different stormwater solutions, complicating an applicant's requested timeline extension.
At the July 21 meeting the Bernards Township Planning Board’s technical discussion focused on whether a recently adopted drainage/stormwater ordinance—implemented to align local rules with New Jersey Department of Environmental Protection guidance projecting larger storm events through 2100—would require significant changes to the Fellowship Village site plan. Daniel Dougherty, the applicant’s engineer, said the updated standard could "result in us propose, having to, construct a much larger stormwater detention system" and estimated a roughly 20–50% increase in stormwater measures might be necessary.
Dougherty explained the applicant had used pervious pavement on site to meet storage and detention needs and said the new ordinance could push design beyond that approach into above-ground basins and greater disturbance. Board planner Dave Schley and counsels noted the new ordinance took effect after the original Oct. 3, 2023 approval; board counsel said that while the board can extend a protection period under the MLUL, it must balance benefits to the applicant against negative factors including ordinance changes and public-safety regulations. The board directed both its board engineer and the township engineer to review the application and advise whether grandfathering the project against the new ordinance would create negative township impacts before the board acts.
