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Bernards Township planning board tables Fellowship Village extension pending engineer review
Summary
The Bernards Township Planning Board put off a requested extension for Fellowship Village Inc., citing delays in county review and recent stormwater ordinance changes that may require major design revisions; the board asked its engineer and the township engineer to review and carried the matter to Sept. 8, 2026.
The Bernards Township Planning Board on July 21, 2026 tabled a request from Fellowship Village Inc. to extend final-site-plan protections and to move the deadline for construction permits after board members and experts raised concerns about recent stormwater regulations and a lengthy county review. Applicant counsel Kenneth McPherson placed his appearance and said the applicant was "applying once again, for an extension of those conditions, specifically being, conditions number 1 and 14."
Board members and technical witnesses said the timing of county comments and two ordinances adopted since the project's 2023 approval complicated the request. Board planner Dave Schley identified a new tree removal/replacement ordinance and an amended drainage/stormwater ordinance; Schley said the tree change was unlikely to be a negative because the applicant's plans currently propose more replacement trees than the new requirement. Engineer Daniel Dougherty told the board the drainage ordinance implements NJDEP guidance projecting higher rainfall through 2100 and "it would be a substantial change to our stormwater design and a substantial increase into our detention requirements," estimating roughly a 20–50% increase in stormwater measures could be required.
Board counsel advised members the Municipal Land Use Law protection period must be considered under a balancing test that weighs benefits of an extension against negative factors such as ordinance changes. The chair said the applicant had submitted materials to both the township and Somerset County and that county written comments dated July 17, 2026, had only recently arrived after months of delay.
Rather than act, the board directed that the board engineer and the township engineer review the application and any needed calculations so the board can determine whether extending the protection period (which can include up to three one‑year extensions under the MLUL) would improperly grandfather the project against health-and-safety ordinance changes. The board carried the matter to the September 8, 2026 meeting and the chair notified the applicant and staff that no new public-notice posting would be required for the continuance.
