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Neighbors press developer and DEP on pond obstruction and riparian planting obligations
Summary
Public commenters urged the developer and DEP to address a concrete structure in the stream that neighbors say has caused flooding for decades; staff said riparian-buffer restoration and DEP permitting (Chapter 102/105) will govern whether and how the structure can be removed.
Neighbors at the planning commission meeting urged the applicant and state regulators to address an aging concrete structure in the pond and stream that they said contributes to flooding. A neighbor told commissioners the structure "has caused flooding for the last 35 years," and asked whether DEP permitting would allow removal as part of the project's stormwater and permitting process.
Township staff and the project engineer said removal depends on DEP's permitting route. The engineer warned that removing the structure could allow more water flow downstream and that a dam-removal permit may be required in some circumstances; staff noted applicants must secure MPDES/Chapter 102/105 permits and the conservation district has stricter riparian-buffer standards than the township.
The applicant said they have spoken with DEP and intend to proceed through the required permit channels; the township indicated it would support removing the obstruction where DEP approval allows, and that plantings required by DEP/conservation-district approvals might be accommodated on township land.
