North Hanover Township

Joint Land Use Board

MEETING MINUTES

May 24, 2023

7:30 p.m. @ Municipal Complex

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Call to Order

Flag Salute

Statement – Provisions of the Open Public Meetings Act

“The provisions of the Open Public Meetings Act have been met. Notice of this meeting has been transmitted to the Burlington County Times and the Courier Post, given to those having requested and paying for the same and posted on the bulletin board in the foyer of the Municipal Building “

Roll Call For Attendance

Minutes for Approval

-April 26,2023

Memorialization of Resolution 2023-09 Approving- Aqua- Site Plan- 511 Wrightstown-Sykesville Road- Block 602 Lot 4

NORTH HANOVER TOWNSHIP

JOINT LAND USE BOARD

RESOLUTION NO. 2023-09

RESOLUTION OF THE JOINT LAND USE BOARD

OF THE TOWNSHIP OF NORTH HANOVER

GRANTING AMENDED PRELIMINARY AND FINAL SITE PLAN APPROVAL

TO AQUA NEW JERSEY, INC

FOR BLOCK 602, LOT 4

(511 Wrightstown-Sykesville Road)

WHEREAS, the Applicant is, Aqua New Jersey, Inc. with a business address of 10 Black Forest Road, Hamilton, New Jersey 08691, who is seeking amended preliminary and final site plan approval for improvements to an existing wastewater treatment facility located at 511 Wrightstown-Sykesville Road, Wrightstown, NJ 08562, identified as Block 602, Lot 4 on the Official Township of North Hanover Tax Maps, which is within the R-2 zoning district;

WHEREAS, the Applicant is seeking to replace an aging, existing wastewater treatment plant which provides wastewater treatment for the Spartan Village, Inc. mobile home community which is an existing non-conforming use;

WHEREAS, the Application was submitted on January 19, 2023;

WHEREAS, a April 21, 2023, Review Letter was submitted by the Board Engineer, Joseph R. Hirsh, P.E., C.M.E., C.P.W.M., from Environmental Resolutions, Inc (“ERI”). The review letter is incorporated into this resolution by reference hereto;

WHEREAS, on April 25, 2023, the Applicant, through its attorney, Archer and Greiner, P.C., submitted a response to the Board Engineer’s review letter. The response letter is also incorporated into this resolution by reference hereto;

WHEREAS, the Applicant appeared before the Joint Land Use Board (“the Board”) on April 26, 2023, for a public hearing on the Application, which hearing was duly noticed by the Applicants in accord with the certified list and the requirements of the MLUL; and

WHEREAS, the Applicant through its attorney Niall O’Brien, Esquire, presented an overview of the application:

1. The Applicant was seeking approval to construct a new wastewater treatment facility that would replace the existing, aging wastewater treatment facility on the same location;

2. The wastewater treatment facility would serve only the Spartan Village mobile home community;

3. Applicant has filed a separate application in Wrightstown Borough because the site straddles the line between North Hanover and Wrightstown Borough;

4. The facility provides centralized wastewater treatment for the Spartan Village community;

5. The new system will replace the existing 30-35 year old system with a new state-of-the-art facility;

WHEREAS, Mr. Hirsch, Board Engineer, discussed his review letter as to the Application Waivers that were sought by the Applicant:

1. Applicant agreed to revise the plans to include corrected Title Block information;

2. Applicant provided information related to the existing easement documents and therefore metes and bounds descriptions were not necessary and therefore a waiver was recommended;

3. The Applicant did not provide a list of variances and/or waivers requested; however, ERI provided a list;

4. The remaining submission waivers were recommended including waivers from providing :

a. an environmental inventory with a general description of natural and cultural resources;

b. An open space plan;

c. Environmental Assessment;

d. Traffic report;

e. Location of containers for solid waste;

WHEREAS, the Board deemed the Application administratively complete;

WHEREAS, the Applicant identified two witnesses: Adam Burger and David J. Cella, P.E., CME and the witnesses were sworn and Mr. Burger was called first and offered the following testimony:

1. Mr. Burger is the Director of Operations for the Applicant, Aqua New Jersey, Inc.;

2. The Applicant identifies aging infrastructure for replacement before it becomes an issue;

3. The existing wastewater treatment facility at the site is over 30 years old;

4. Minor repairs are becoming more frequent and costly;

5. The Applicant will construct a corrugated steel building and house the new wastewater treatment facility within the new building;

6. The Applicant will only accept wastewater from the Spartan Village community and that is the only wastewater which their franchise license allows them to accept;

7. The existing treatment facility has 15 tanks in various stages of failure;

8. The new treatment facility will be a new packaged plant;

9. Once the new facility is up and running; the Applicant will take the old facility off line and begin to decommission the old treatment facility;

10. The new treatment facility provides membrane filtration which filters out solids which are then hauled off;

11. System will work 24/7;

12. Normally there will not be more than one (1) person on site;

13. The new facility will have the capability to be remotely monitored;

14. There will be 1 to 2-hour daily visits by employees – which will be one (1) truck for a few hours a day;

15. The sludge will have to be hauled off a few times a month;

16. There will be a dumpster for trash generated by the site;

17. This will be a much more efficient system – less energy and less need for hauling;

18. The new facility will also ensure that the Applicant stays complaint with regulations of wastewater treatment;

19. The current facility is fenced with a 6 foot high fence for security reasons; and the Applicant would like to replace the 6 foot fence when construction is finished for security reasons;

20. There would be a pad locked gate for employee access to the site;

21. The Applicant would have the driveway in the same location;

22. There are currently no complaints of odor from the site and any odors that do exist should be lessened because the new facility will be enclosed within the newly constructed building;

23. Applicant reiterated that it is only allowed to serve the Spartan Village community;

24. Applicant testified that after construction there would be no addition noise impacts on the community;

25. The Applicant will provide the minimum required lighting;

WHEREAS, Mr. Burger was questioned by the Board:

1. The Board questioned Mr. Burger about whether this would cause any rate increase for the residents to which Mr. Burger responded that any increase will be approved by the Board of Public Utilities and spread across the rate payers;

2. The Board questioned about Mr. Burger about the service area and Mr. Burger again reiterated that its franchise license was limited only to Spartan Village and that there was no enablement to expand Spartan Village;

3. Mr. Burger was asked whether there would be any disruption to resident’s sewer service to which he responded that there would not be any disruption; the new facility would be constructed with a valve to “switch” when the new facility is ready to begin accepting wastewater and the old system will be kept in place for a few months to ensure the new facility is up-and-running; once Aqua New Jersey is satisfied that the new system is operating correctly; the only system will be decommissioned;

WHEREAS, Mr. Hirsh inquired of Mr. Burger about whether there would be an emergency backup generator onsite for emergency electricity and Mr. Burger testified that there is a current generator that has stopped working and they will replace it with a new generator that will also have noise attenuation;

WHEREAS, the Board inquired as to the timeline for construction and Mr. Burger indicated that it was 4 to 6 months to receive the equipment and then construction would begin immediately and that it could be completed by the end of 2023 and that the Applicant had already submitted and received approval of its Treatment Works Application (TWA) from the State of New Jersey;

WHEREAS, the Applicant then called its Engineer, David J. Cella, PE, CME, of Consulting Engineer Services, Mr. Cella testified that he was a licensed engineer in the State of New Jersey for over 15 years and has over 25 years in the industry; that he has represented various municipalities and boards in the past and that he had also testified as an expert in Engineering before numerous Boards; Mr. Cella was accepted by the Board as an expert Engineer. Mr. Cella having previously been sworn, provided the following testimony:

1. The Board was shown Exhibit A-1 which is an aerial view of the site location and effluent field;

2. Mr. Cella testified that in an emergency excess effluent could be discharged to a stream;

3. Mr. Cella showed the Board the Easement area in the bottom left corner of the Spartan Village community;

4. The Board was than shown Exhibit A-2 which showed the Spartan Village Community and the 221 residential units; Mr. Cella then testified as the series of easements for access to the site through Spartan Village;

5. The Board was then shown Exhibit A-3 which was a rendered site plan and building elevations;

a. The Board was shown the existing double gate for access;

b. The paved area for parking;

c. Existing stone driveway will be kept for emergency site access;

6. Mr. Cella testified that the existing six (6) foot fence and tree buffering will have to be removed to allow for construction;

7. The Applicant proposes to replace the six (6) foot fence for security reasons, but will also replace the buffering removed and any other landscaping that is disturbed;

8. The Applicant proposes two (2) parking spots which will be adequate for anticipated site traffic;

9. The building will go right on the municipal boundary line;

10. The proposed project is not a major development for DEP stormwater standards;

11. The facility currently has adequate stormwater management which will be utilized and the Applicant will ensure that the storm water system is maintained through construction;

12. There is an underground recharge system which collects runoff and discharges it;

WHEREAS, the Mr. Cella provided testimony regarding the following design waivers requested:

1. Design waiver to allow a six (6) foot fence for security reasons which would replace the existing six (6) foot fence that will be removed for construction;

2. Design waiver from the requirement to place curbing around the paved area because the parking lot was designed to get water off the paved area and curbing would inhibit same;

a. Applicant agreed to provide a barrier for the grass area adjacent to the parking area;

3. Applicant agree to provide buffering as required by ERI;

WHEREAS, the Board opened the application to the public for public comment, and in the absence of any comment from the public, the public comment period was closed; and

WHEREAS, the Board questioned the Applicant as to whether they would agree to provide a system for emergency personnel to access the site through the gate to which Applicant agreed;

WHEREAS, the Board after carefully considering the evidence presented by the Applicants in support of the application, the Board Engineer’s Review Letter, and after the meeting was opened to the public for questions, comments and input, has come to the following conclusions:

1. The North Hanover Joint Land Use Board has jurisdiction over this application pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.;

2. The Applicant sought amended Preliminary and Final Site Plan Approval to permit Applicant to construct a new wastewater treatment facility located at 511 Wrightstown-Sykesville Road, Wrightstown, NJ 08562, identified as Block 602, Lot 4 on the Official Township of North Hanover Tax Maps,, to replace the aging wastewater treatment facility on site;

NOW, THEREFORE, BE IT RESOLVED by the Joint Land Use Board of the Township of North Hanover, following close of the public hearing on the 26th day of April, 2023 and memorialized by this Resolution on the 24th day of May, 2023, that the application for amended Preliminary and Final Site Plan Approval is hereby GRANTED subject to the CONDITIONS noted below; and

BE IT FURTHER RESOLVED, this Approval is granted subject to the following CONDITIONS:

1. Applicant has agreed to work with the Board Engineer to place a barrier to the grass area adjacent to the parking lot;

2. The Applicants will provide buffering to the site as required by the Board Engineer;

3. The Applicant will provide a method for emergency access to the site through the gate for first responders in the event of an emergency;

4. The Applicant will amend the site plan to address the issues raised by ERI in the review letter;

3. The Applicant shall be bound by any representations made by the Applicants or its representatives on the record, even if said representation was not specifically set forth above;

4. The Applicants shall seek and obtain any and all other permits and approvals required by law;

VOTE ON THE MOTION TO APPROVE AMENDED

PRELIMINARY AND FINAL SITE PLAN APPROVAL

Yes: 8

No: 0

BE IT FURTHER RESOLVED that a certified copy of memorialization be sent via regular mail to the Applicants within ten (10) days of the date of adoption, and a copy of this Resolution shall be filed with the Township Clerk, Tax Assessor, Construction Official, and Zoning Officer. A brief notice of this decision shall be published in the official newspaper of the Township.

Date of Approval: April 26, 2023

Date of Memorialization: May 24, 2023

Completeness Review ONLY of Application 2023-04-North Hanover Realty Partners Urban Renewal LLC- Site Plan, Major Subdivision, Variance Block 602 Lot 9.02

Joe Hirsh stated that given the size of the application he would like to have the completeness review first to make the hearing go smoother. Joe Hirsh reviewed the Completeness review letter he submitted dated May 18,2023 which can be found in the application file in the Joint Land Use Office. The applicant submitted a letter that they are willing to comply with the engineers completeness review letter.

Jim Durr stated he had never been involved in a completeness review and asked why we are doing it this way. Joe Hirsh stated that this application has significant requirements for submission. The Completeness review allows the board to agree or require items the applicant asked for a waiver. Stephen Raymond Attorney for the Board stated this process is making sure it is complete before applicant brings all their professionals out and all the public coming out. It was explained that completeness review does not show endorsement of the project but simply that they have sufficiently submitted all things required on the checklist of the application or asked for waivers of such requirement on the checklist.

Made a motion to deem Application 2023-04 Complete with all waivers and conditions provided by the Joint Land Use Board Engineer Letter Dated May 18, 2023

Public Comment

No public in attendance or on virtually to comment.

Motion to close public comment

Board Discussion

Board Member Jim Durr asked what the tentative schedule was for the warehouse project. Board Attorney Stephen Raymond stated he could reach out to the applicant to discuss timing so everyone plan the meeting accordingly. This would include something like a hard stop time, doing certain parts of hearing on one day and the next the next meeting etc because these types of meetings can go late. It was stated by Mr. Raymond that once the application is found to be complete clock start ticking 120 days to approve or deny.

Motion to close Board Discussion

Correspondence - NONE

Adjournment