Nelson Street Tract. Preliminary Investigation of an Area in Need of Redevelopment (Non-Condemnation):

Transcription

1 2016 Preliminary Investigation of an Area in Need of Redevelopment (Non-Condemnation): Nelson Street Tract JULY 14, 2016 Readington Township, Hunterdon County, New Jersey Clarke Caton Hintz 100 barrack street trenton, NJ 08608

2 Preliminary Investigation of an Area in Need of Redevelopment (Non-Condemnation): Nelson Street Tract Readington Township, Hunterdon County, New Jersey Adopted pursuant to N.J.S.A. 40A:12A-1, The New Jersey Local Redevelopment and Housing Law, as a Non-Condemnation Preliminary Investigation by the Planning Board on July 25, Endorsed by the Township Committee on August 1, Prepared for Readington Township by Clarke Caton Hintz Michael F. Sullivan, ASLA, AICP Emily Goldman, PP, AICP Principal-in-Charge Project Planner NJPP License #5153 NJPP License #6088 A signed and sealed copy is available at the municipal building.

3 PLANNING BOARD STAFF AND CONSULTANTS Ronald P. Monaco, Chair Cheryl Filler, Vice-Chair Betty Ann Fort, Mayor M. Elizabeth Duffy, Township Committee John Albanese Julia C. Allen Jerry Cook Alan Harwick Christopher John Rebekah Harms, Board Secretary Trishka Waterbury Cecil, Esquire, Board Attorney John Hansen, PE, Board Engineer Michael F. Sullivan, ASLA, AICP, Township Planner

4 TABLE OF CONTENTS Introduction... 5 Statutory Authority and Process... 5 Study Area Description... 6 Application of Redevelopment Criteria to the Study Area... 7 Criterion c... 8 Recommendation Subsequent Procedural Steps Public Hearing Planning Board Recommendation to Township Committee Redevelopment Plan Appendices Appendix A: Appendix B: Appendix C: Resolution R Figures NJDEP Approvals and Road Improvement Plan

5 INTRODUCTION The Township Committee of Readington directed the Planning Board, pursuant to resolution R (adopted on February 16, 2016), to conduct a preliminary investigation to determine whether the area known as the Nelson Street Tract qualified as an area in need of redevelopment (AINR), according to the criteria established at N.J.S.A. 40A:12A-1 et seq., known as the Local Redevelopment and Housing Law (a.k.a LRHL, See Appendix A). The Nelson Street Tract is composed of Block 32, Lot 12; Block 34, Lots 8, 10, and 11; Nelson Street right-of-way; and, Cleveland Place right-of-way (the Study Area ) (See Figure 1 in Appendix B Nelson Street Study Area). Furthermore, the Township Committee, in accordance with the requirements of the LHRL, indicated that the Nelson Street Tract was being considered for classification as a non-condemnation redevelopment area, such that the use of the power of eminent domain shall not be used withing the AINR, should it be so designated. Subsequent to the Township Committee resolution, the Planning Board directed this office to undertake such a study. This report, which constitutes a Preliminary Investigation of the Nelson Street Tract, is the statutorily-enabled vehicle by which the Planning Board may respond to the Township Committee s request to study the area in question. It provides an examination of the existing conditions of the study area, depicted through photography, written descriptions and data analysis based on the in-person site inspections and data from other public sources. The information gathered is compared to the criteria contained within the LRHL and, based on that comparison, a recommendation is made as to whether it should be formally identified as an AINR. Statutory Authority and Process Under New Jersey s Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., (LHRL) municipalities are empowered to determine whether an area is in need of rehabilitation or redevelopment, to adopt a redevelopment plan, and to implement and carry out redevelopment projects. The Township of Readington must follow the statutorily defined process set forth in the LHRL (see summary this page). This process may result in the adoption of a redevelopment plan, which is new set of development regulations, along with the ability to offer enhanced fiscal tools that may act as NJ Local Redevelopment and Housing Law: Redevelopment Process Governing body directs the planning board to undertake a preliminary investigation to determine whether or not an identified area is in need of redevelopment. Planning board conducts an investigation and holds a public hearing on the proposed redevelopmentarea designation. Based on the planning board s recommendation, governing body may designate all or some of the study area as an area in need of redevelopment. The governing body prepares a redevelopment plan for the area, or directs the planning board to prepare the plan. The governing body adopts the redevelopment plan The governing body or another public agency/ authority designated as the redevelopment entity that oversees the implementation of the redevelopment plan. The redevelopment entity selects a redeveloper(s) to undertake a project(s) that implement the plan. Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 5

6 incentives to prospective redevelopers. Ultimately, it is a means to lay the groundwork for redevelopment that benefits, both, the public and private interests. STUDY AREA DESCRIPTION The Nelson Street Tract is located within the Village of Whitehouse Station in the northwestern quadrant of the Township and is approximately seven (7) acres in size (See Figure 2 Location Map). It is bounded by detached single-family residences to the north and south, townhouse residences to the east, and a combination of commercial and residential uses to the west. The surrounding land uses immediately adjacent to the Study Area include residential and commercial uses. The Nelson Street Tract is located within the Village Residential / Senior Citizen 4 (VR/SC4) zoning district. The VR zoning district permits tracts of land five (5) acres or greater in size with public sewer and water to be subdivided into 20,000 square- foot lots. Therefore, the tract could be entitled to be developed with, approximately, 14 detached single-family homes. The SC-4 Senior Citizen-4 Overlay zone is an optional designation that may be applied within the VR zoning district. The SC-4 overlay zone permits three (3) apartment dwelling units per acre; which could allow, approximately, 20 multi-family apartment dwellings. Such dwellings must be age-restricted. Pursuant to B(3), the SC-4 overlay zone requires all of the dwellings to be age-restricted and require that one (1) member of a couple be at least 55 years of age and that no permanent resident may be younger than 19 years old. Notwithstanding, up to 15% of the dwellings in the development may be owned and/or occupied by families, at least one member of which has attained the age of 45, and no permanent resident of the dwelling shall be under 19. The Study Area consists of vacant lots and the unimproved Nelson Street and Cleveland Place rights-of-way. The Study Area is within the Readington-Lebanon Sewer Authority (RLSA) Readington-Whitehouse sewer service area (NJ ). It contains two (2) existing major sanitary trunk lines, as shown on the adopted Hunterdon County Future Wastewater Service Area (FWSA) Map, dated May 16, An existing Township sewer service easement (20-feet wide) runs in a northwesterly direction along the eastern boundary of the Study Area (Photo 1). An existing sanitary sewer main exists within the unimproved Nelson Street right-0f-way. Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 6

7 The Study Area consists, largely, of undeveloped deciduous woodlands that also contains freshwater wetlands, wetland transition areas, a section of the South Branch Rockaway Creek tributary (and associated riparian zone and flood hazard areas). (See Figure 3 Environmental Constraints Map). The New Jersey Department of Environmental Protection ( NJDEP ) issued both a freshwater wetlands letter of interpretation/line verification and a flood hazard area verification for portions of the site. The NJDEP also issued freshwater wetlands statewide general permit No. 6 for the filling of isolated wetlands on Block 32, Lot 12 and Block 34, Lot 10. (See Appendix C). The parcels within the Study Area were acquired by the Township during two (2) separate transactions. The Township acquired Block 34, Lot 8 on March 31, 2010 from Tadeusz Dabrowski. The remaining three (3) parcels were acquired on January 14, 2015 from Fallone at Readington, LLC. APPLICATION OF REDEVELOPMENT CRITERIA TO THE STUDY AREA Criteria set forth in the LRHL at N.J.S.A. 40A:12A-5 provides the bases for the determination of an area in need of redevelopment (AINR). Although there are a variety of factors that could apply to an area, an area qualifies as being in need of redevelopment if it meets at least one (1) of the eight (8) statutory criteria. These criteria are commonly identified by the letter (a-h) corresponding to the paragraphs of Section 5 of the LRHL. They relate to the impact of a particular area on public health, safety and welfare, primarily through conditions of deterioration, obsolescence, disrepair and faulty designs. The absence of use and an area s relationship to an Urban Enterprise Redevelopment Criteria a through d (N.J.S.A. 40A:12A-5) a. The generality of buildings is substandard, unsafe, unsanitary, dilapidated, or obsolescent, or possess any of such characteristics, or are so lacking in light, air, or space, as to be conducive to unwholesome living or working conditions. b. The discontinuance of the use of buildings previously used for commercial, manufacturing, or industrial purposes; the abandonment of such buildings; or the same being allowed to fall into so great a state of disrepair as to be untenantable. c. Land that is owned by the municipality, the county, a local housing authority, redevelopment agency, or redevelopment entity, or unimproved land that has remained so for a period of ten years prior to adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of the municipality, or topography, or nature of the soil, is not likely to be developed through the instrumentality of private capital. d. Areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 7

8 Zone or smart growth area are also addressed in the criteria. In addition to the criteria contained at N.J.S.A. 40A:12A-5, the LRHL also permits the designation of areas, or portions of study areas that are not necessarily detrimental to the public health, safety and welfare to be designated as an area in need of redevelopment when their inclusion facilitates the redevelopment of the remaining area. At N.J.S.A. 40A:12A-3, the LRHL defines a redevelopment area or area in need of redevelopment to include: lands, buildings, or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary, with or without change in their condition, for the effective redevelopment of the area of which they are a part. Criterion c The Nelson Street Tract meets the c criterion since it is land that is owned by the municipality. Additionally, the Study Area is unimproved land that has remained so for a period of ten years prior to adoption of the resolution lack of access to developed sections or portions of the municipality or nature of the soil, it is not likely to be developed through the instrumentality of private capital. The following discussion provides the evidence supporting the appropriate application of Criterion c to the Study Area. Redevelopment Criteria e through h (N.J.S.A. 40A:12A-5) e. A growing lack or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of real property therein or other conditions, resulting in the stagnant or not fully productive condition of land potentially useful and valuable for contributing to and serving the public health, safety and welfare. f. Areas, in excess of five contiguous acres, whereon buildings or improvements have been destroyed, consumed by fire, demolished or altered by the action of storm, fire, cyclone, tornado, earthquake or other casualty in such a way that the aggregate assessed value of the area has been materially depreciated. g. In any municipality in which an enterprise zone has been designated pursuant to the New Jersey Urban Enterprise Zones Act, P.L. 1983, c.303 (C.52:27H-60 et seq.) (subject to limited redevelopment powers) h. The designation of the delineated area is consistent with smart growth planning principles adopted pursuant to law or regulation. Public Ownership The entirety of the Study Area is under the Township of Readington s ownership. The Township acquired the parcels of land between 2010 and In its most basic interpretation, criterion c is fulfilled by virtue of public ownership. However, an isolated lower court decision in South Jersey disputes such a simplistic view of the statute. In a 1998 case entitled, Winters v. Twp. of Voorhees (320 N.J. Super. 150), Judge Orlando found in Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 8

9 favor of plaintiffs that challenged the ability of Voorhees Township to declare an area in need of redevelopment solely based on the fact that it was owned by a governmental entity below the level of the State government. Judge Orlando found that a misplaced comma in criterion C meant that a Planning Board must find not only that governmentally owned land was involved but that it also had to meet the condition being poorly located, remote, lacking access, topographic condition or poor soil conditions to the degree that it could not feasibly be developed by private capital. Criterion C is repeated below. Land that is owned by the municipality, the county, a local housing authority, redevelopment agency or redevelopment entity, or unimproved vacant land that has remained so for a period of ten years prior to adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of the municipality, or topography, or nature of the soil, is not likely to be developed through the instrumentality of private capital. It is instructive to compare this portion of the LHRL with the prior law, the Blighted Area Act (N.J.S.A. 40: (c), repealed) as did Judge Orlando. This reads as follows: Unimproved vacant land, which has remained so for a period of ten years prior to the determination hereinafter referred to, and which land by reason of its location, or remoteness from developed sections or portions of such municipality, or lack of means of access to such other parts thereof, or topography, or nature of the soil, is not likely to be developed through the instrumentality of private capital. In other words, the LHRL added, Land that is owned by the municipality, the county, a local housing authority, redevelopment agency or redevelopment entity to the beginning of the earlier law and this criterion. Instead of reading the criterion as creating two different classes of land, Judge Orlando believed that the lack of a semi-colon after the word entity instead requires that the Planning Board find that governmentally owned land is not likely to be developed through private capital. The judge, however, failed to indicate in the decision how one could expect to redevelop land that is not held by a private entity through private money (or capital in the decision). By definition, land in public ownership is not available for development by the private sector. It is exactly the provisions in the redevelopment law - declaring an area in need of redevelopment, creating a redevelopment plan and issuing a Request for Proposal to redevelopment - that can lead to the leveraging of private dollars coupled with the public asset of land to further growth. The decision also leads to absurd conclusions. For example, suppose the municipal government obtained a vacant lot through the in rem tax foreclosure process and deeded it to the redevelopment agency. Tax foreclosure demonstrates that the person or legal entity most intensely interested in the property has walked away and abandoned it. The decision would mean that unless the property was remote, lacking access, or there were soil or topographic problems, the redevelopment agency precisely the governmental entity designed to Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 9

10 specifically tackle abandoned property would be unable to declare an area in need of redevelopment. A declaration of an area in need of redevelopment allows a redevelopment agency to craft specific financial incentives in an attempt to correct a market failure. That failure is when the owner abandons a property because their risks are too high that an adequate market return will be realized. So high in in fact that the cost of holding the property is such that walking away from the property is a logical outcome. However, under Judge Orlando s decision, governmental action in the form of an area in need of redevelopment declaration to address this failure would not be allowed. While this decision has been considered here, the judge s reasoning seems to lead to untenable conclusions. This decision was made in the Camden County vicinage and is not binding upon other vicinages. Based on the analysis in this document, ownership by a Township government supports the finding that Criterion C is met. Vacant and Undeveloped Land Although the interpretation that criterion c is met through public ownership, the Study Area also exhibits the characteristics identified in criterion c beyond public ownership: unimproved vacant land that has remained so for a period of ten years prior to adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of the municipality, or topography, or nature of the soil, is not likely to be developed through the instrumentality of private capital. The Study Area is comprised of approximately seven (7) acres of vacant and unimproved land hindered by wetlands, soils, and accessibility. The land has remained unimproved for more than ten (10) years prior to this report. Its undeveloped condition is a function of its lack of Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 10

11 access to developed sections of the municipality and the presence of freshwater wetlands, which stand as a surrogate for restrictive soil and topographic conditions as set forth in detail below. Lack of Access The Study Area contains two unimproved streets: Nelson Street (50 ft. right-of-way) and Cleveland Place (50 ft. right-of-way). The unimproved Nelson Street right-of-way intersects with Main Street (CR 523) (see Photo 2), whereas, the unimproved Cleveland Place right-of-way intersects with Whitehouse Avenue (see Photo 3). The Study Area contains approximately 90-feet of fragmented frontage (a 50-foot wide strip and a 40-foot wide strip) along Main Street (see Photo 4) and 50-feet of frontage along Whitehouse Avenue. The bulk of the Study Area is landlocked behind existing residential uses; which, if developed, would necessitate the construction of the unimproved streets (see Photo 5). Soil Condition As previously indicated, the Study Area contains freshwater wetlands, wetland transition areas (see Photo 6), a section of the South Branch Rockaway Creek tributary (see Photo 7) and associated NJDEP-regulated riparian zone and flood hazard areas. The isolated wetlands with 50-foot transition areas are located on Block 32, Lot 12 and Block 34, Lot 10 within the Study Area. The South Branch Rockaway Creek tributary flows northeasterly along the eastern side of the Study Area and has a NJDEP regulated 150-foot riparian zone because the watercourse is classified as a trout maintenance waterway pursuant to the NJDEP Surface Water Quality Standards, NJAC 7:9B-1.15(g), and Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 11

12 supports a trout population throughout the year. The presence of the NJDEP riparian zone limits access to Bergamot Way further isolating the Study Area from developed sections of the municipality. Waste Dumping Evidence of waste dumping is present throughout the Study Area. Waste is usually dumped on vacant lots, along right-of-ways, on public and private lands, and at other normally unattended locations (see Photos 8 and 9). Such activities are evidence of the remoteness and lack of access and are detrimental to public health, safety and welfare. Conditions not Conducive to Private Development The Township acquired the parcels within the Study Area at two different times. The Township acquired Block 34, Lot 8 on March 31, 2010 from Tadeusz Dabrowski. The remaining three (3) parcels were acquired on January 14, 2015 from Fallone at Readington (Fallone), LLC. Prior to the Township s acquisition, Fallone prepared or obtained the following (see Appendix C): NJDEP freshwater wetlands letter of interpretation/line verification, dated May 20, 2008 for block 32, lot 12 and block 34, lots 10 and 11; NJDEP freshwater wetlands general permit no. 6, dated January 15, 2009 for block 32, lot 12; NJDEP freshwater wetlands general permit no. 6, dated January 15, 2009 for block 34, lot 10; NJDEP flood hazard area verification, dated July 20, 2010 for block 34, lots 10 and 11 and block 35, lot 37; and Road Improvement Plan, prepared by James J. Mantz, PE & LS, dated November 7, The NJDEP freshwater wetlands general permit no. 6 permit plans, prepared for Fallone, identified two (2) proposed detached single-family units. The permit plans indicated the proposed units would be served by public water and sewer. While an existing sanitary sewer Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 12

13 main exists within the Study Area; water main extensions are required to service the Study Area. Pursuant to a telephone conversation with Sharon Dragan, Esq., Township Solicitor, it is understood that it was too costly to for the private investor to develop the property due to the lack of access, and constraints presented by the freshwater wetlands and stream corridor, despite having sewer capacity and NJDEP permits in hand. Ultimately, the private developer did not proceed with the project; selling the land to the Township and perpetuating seven (7) acres of land to remain off the tax rolls. The aforementioned conditions within the Study Area have thwarted the ability to develop the Study Area solely through private efforts. As such, the Study Area meets the c criteria at N.J.S.A. 40A:12A-5(c). RECOMMENDATION This report and appendices constitutes the preparation of a preliminary investigation for determining an Area in Need of Redevelopment as directed by the Township Committee of Readington Township. It is the conclusion of this preliminary investigation that the Study Area qualifies under the criteria set forth at N.J.S.A. 40A:12A-1 et seq., to be designated as an Area in Need of Redevelopment. The Study Area satisfies criterion c since the land is owned by the municipality. The Study Area further satisfies criterion c due to: lack of access; soil conditions; and failure to develop under private ownership due to those conditions. SUBSEQUENT PROCEDURAL STEPS Public Hearing Upon receipt of this preliminary investigation, the Planning Board is required to hold a public hearing. Notices for the hearing are required to be published in the newspaper of record in the municipality once each week for two (2) consecutive weeks. A copy of the notice should be mailed to the last owner of record of each property within the proposed Redevelopment Area. Although the Township is the owner of the properties, the Planning Board is still required to satisfy the notice requirements. The newspaper notice should be published in the official paper. Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 13

14 Planning Board Recommendation to Township Committee Once the hearing has been completed, the Planning Board makes a recommendation to the Township Committee that the delineated area, or any part of such an area, should or should not be determined to be an Area in Need of Redevelopment. The Township Committee may then adopt a resolution determining that the delineated area, or portion, is a Redevelopment Area. Notice of such determination is then sent to each objector who has sent in a written protest. Redevelopment Plan If so designated by the township, the next action would be the creation and adoption of a redevelopment plan for the Redevelopment Area. A Redevelopment Plan is adopted by ordinance by the Township Committee before any project is initiated. Depending on the nature of the Redevelopment Plan, it may contain some or all of the land use controls for a particular Redevelopment Area. Furthermore, a plan may be created in such a way as to provide for detailed recommendations regarding circulation, open space, housing urban design and architecture. At a minimum, pursuant to N.J.S.A. 40A:12A-7.a, a redevelopment plan is required to address a series of required elements. A Redevelopment Plan should be, either, substantially consistent with the municipal master plan or designed to effectuate the master plan. Redevelopment Plan: Required Elements (N.J.S.A. 40A:12A-7.a) The plan s relationship to definite local objectives as to appropriate land uses, density of population, and improved traffic and public transportation, public utilities, recreational and community facilities and other public improvements. Proposed land uses and building requirements in the project area. Adequate provision for the temporary and permanent relocation, as necessary, of residents in the project area, including an estimate of the extent to which decent, safe and sanitary dwelling units affordable to displaced residents will be available to them in the existing local housing market. An identification of any property within the redevelopment area which is proposed to be acquired in accordance with the redevelopment plan. The relationship of the plan to the master plans of contiguous municipalities, the master plan of the county in which the municipality is located, and the State Development and Redevelopment Plan. Pursuant to N.J.S.A. 40A:12A-7.c., the Redevelopment Plan must also describe its relationship to pertinent municipal development regulations as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ Page 14

15 APPENDIX A RESOLUTION R Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ

16

17

18

19 APPENDIX B FIGURES Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ

20 ASHINGTON DR WILLOW CT Study Area Township Sewer Service Easement (20ft width) Block 34 Lot Acres MAIN ST (COUNTY ROUTE 523) Block 34 Lot Acres NELSON ST (50' UNIMPROVED) CLEVELAND PL (50' UNIMPROVED)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Block 32 Lot Acres Block 34 Lot Acres WHITEHOUSE AVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! BERGAMOT WAY Parcel Base Source: Parcels of Hunterdon County, New Jersey State Plane NAD83 Originator: Hunterdon County Division of GIS - Publication Date: 8/28/2014 Sewer Easement Source: Readington Tax Map Feet Clarke Caton Hintz Architecure Planning Landscape Archjtiecture Nelson Street Study Area Study Area LOCATION: Readington Township, Hunterdon County, NJ DATE: July 2016

21 Tewksbury Township!"#$ 78 Bedminster Township Lebanon Borough (/ Nelson Street Study Area Clinton Township Æ Æ 31 Branchburg Township Raritan Township (/ Æ 31 Æ 12 Æ 12 Flemington Borough (/ Æ Hillsborough Township 0 8,000Ft Clarke Caton Hintz Architecure Planning Landscape Archjtiecture Nelson Street Study Area Location of Study Area LOCATION: DATE: Readington Township, Hunterdon County, NJ July 2016

22

23 APPENDIX C NJDEP APPROVALS AND ROAD IMPROVEMENT PLAN Nelson Street Tract: Preliminary Investigation of an Area in Need of Redevelopment Readington township, Hunterdon county, NJ

24 ]ON S. CORZINE Governor ~ of Nm.t ~nsry DEPARTMENT OF ENVIRONMENTAL PROTECTION Division ol"lancl Use Rcgulution P.O. Box 439, Trenton, New Jersey FAX# (609) Web Silc: LISA P. JACKSON Cummissioner Mr. Edward Kuc Eastern States Environmental Associates RR3 Box 541 Kunkletown Road Kunkletown, PA HAY % RE: Freshwater Wetlands Letter of Interpretation/Line Verification File No.: (FWW ) Applicant: Fallone Properties, LLC Block: 32/34 Lot(s): 12/10 & 11 Readington Township; Hunterdon County Dear Mr. Kuc: This.letter is in response to your request for a Letter of Interpretation to verify the jurisdictional boundary of the freshwater wetlands and waters on the referenced property. In accordance with agreements between the State of New Jersey Department of Environmental Protection, the U.S. Anny Corps of Engineers Philadelphia and New York Districts, and the U.S. Environmental Protection Agency, the NJDEP, Division of Land Use Regulation is the lead agency for establishing the extent of State and Federally regulated wetlands and waters. The USEPA and/or USACOE retains the right to reevaluate and modify the jurisdictional determination at any time should the information prove to be incomplete or inaccurate. Based upon the information submitted, and upon a site inspection conducted on April 7, 2008, the Division of Land Use Regulation has determined that the wetlands and waters boundary line(s) as shown on the 3 plan maps entitled, "WETLANDS MAP, (one map for each) LOT 10 & 11, BLOCK 34, (and a map for) LOT 12, BLOCK 32, TOWNSHIP OF READINGTON, HUNTERDON COUNTY, NEW JERSEY", consisting of3 sheets, dated May 11, 1995, unrevised, and prepared by Stephen M. Fisk L.S., of Fisk Associates, is accurate as shown. Any activities regulated under the Freshwater Wetlands Protection Act proposed within the wetlands or transition areas or the deposition of any fill material into any water area, will require a permit from this office unless exempted under the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., and implementing rules, N.J.A.C. 7:7A. A copy of this plan, together with the information upon which this boundary determination is based, has been made part of the Department's public records. New Jersey ls An Equal Opportunity Employer Pri111ed on Recycled Paper and Recyclable

25 Freshwater Wetland Letter oflnteipretation Page 2 Pursuant to the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A-1 et seq., you are entitled to rely upon this jurisdictional determination for a period of five years from the date of this letter. The freshwater wetlands and waters boundary 1ine(s), as determined in this letter, must be shown on any future site development plans. The line(s) should be labeled with the above file number and the following note: "Freshwater Wetlands/Waters Boundary Line as verified by NJDEP." In addition, the Department has determined that the wetlands on the subject property-are of intermediate resource value. The transition area or buffer required adjacent to intermediate resource value wetlands is 50 feet. This classification may affect the requirements for an Individual Wetlands Permit (see N.J.A.C. 7:7A-7), the types of Statewide General Permits available for the wetlands portion of this property (see N.J.A.C. 7:7A-5) and the modification available through a transition area waiver (see N.J.A.C. 7:7A-6). Please refer to the Freshwater Wetlands Protection Act (N.J.S.A. l3:9b-l et seq.) and implementing rules for additional information. It should be noted that this determination of wetlands classification is based on the best information presently available to the Department. The classification is subject to change if this ill.formation is no longer accurate, or as additional information is made available to the Department, including, but not limited to, information supplied by the applicant. Under NJSA 13:9B-7a)(2), if the Department has classified a wetland as exceptional resource value, based on a finding that the wetland is documented habitat for threatened and endangered species that remains suitable for use for breeding, restirig or feeding by such species, an applicant may request a change in this classification. Such requests for a classification change must demonstrate that the habitat is no longer suitable for the documented species because there has been a change in the suitability of this habitat. Requests for resource value classification changes and associated documentation should be submitted to the Division of Land Use Regulation, P.O. Box 439, Trenton, New Jersey This letter in no way legalizes any fill, which may have been placed, or other regulated activities, which may have occurred on-site. Also this determination does not affect your responsibility to obtain any local, State, or Federal pennits which may be required. In accordance with N.J.A.C. 7:7A-l.7, any person who is aggrieved by this decision may request a hearing within 30 days after notice of the decision is published in the DEP Bulletin by writing to: New Jersey Department of Environmental Protection, Office of Legal Affairs, Attention: Adjudicatory Hearing Requests, 401 East State Street, P.O. Box 402, Trenton, NJ This request must include a completed copy of the Administrative Hearing Request Checklist. If a person submits the hearing request after this time, the Department shall deny the request. The DEP bulletin is available through the Department's website at I

26 Freshwater Wetland Letter of Interpretation Page3 Please contact Jill Neall of our staff at (609) should you have any questions regarding this letter. Be sure to indicate the file number in all communication. ~$12 Lou Cattuna Northern Delaware Regional Supervisor Bureau of Inland Regulation c: Readington Township Construction Official Applicant.,

27

28

29

30

31

32

33

34

35 CHRIS CHRISTIE Governor KIM GUADAGNO Lt. Governor ~tat.e of ~ 2fo ID.ers.eu DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Land Use Regulation P.O. Box439 Trenton.. New Jersey, BOB MARTIN Commissioner James J. Mantz, PE & LS 15 0 Brahma A venue Bridgewater, NJ, July 20, 2010 Re: Flood Hazard Area Verification Approval File No.: FHA Applicant: Fallone Properties Blocks: 34, 35; Lots: 10, 11, 37 Readington Township; Hunterdon County Dear Mr. Mantz: This letter is in response to your request for a verification of the flood hazard area and riparian zone limits for an unnamed tributary to the Rockaway Creek, on a parcel located on Nelson Street and Whitehouse Avenue, within Lot Nos. 10, 11, 37 of Block Nos. 34, 31, in Readington Township, Hunterdon County, New Jersey. This verification establishes that the unnamed tributary to the Rockaway Creek on site has a contributory drainage area greater than 50 acres and possesses a flood hazard area onsite as depicted on the approved plans described below. Additionally, the Department has determined that the riparian zone is 150 feet from the top of bank along both sides of the 9.rainage feature on site. The riparian zone has been determined to be 150 feet wide because the watercourse is trout maintenance and supports a trout population. It should be. noted that the flood hazard area delineation and riparian zone limits are based on the best information presently available to the Department. This verification is subject to change if this information is no longer acc~ate or if additional information is made available to the Department including, but not limited to, information supplied by the applicant. Furthennore, please note that any regulated activity, as defined in the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.4, proposed within the riparian zone and flood hazard area requires a flood hazard area approval from the Department prior to construction. The drawings hereby approved are nine (9) sheets prepared by James J. Mantz, PE&LS, dated January 5, 2010, last revised June 22, 2010, unless otherwise noted and entitled: "AND BLOCK 31, LOT 37 AND BLOCK 34, LOTS IO & 11, SITUATED IN READINGTON TOWNSHIP, HUNTERDON CO., NEW JERSEY" "STREAM ENCROACHMENT PLAN" Sheet Nos. 1, 2, 3, of9, "STREAM CROSS SECTIONS" Sheet Nos. 4, 5, 6, 7, 8 of9, unrevised, New Jersey is an Equal Opportunity Employer Printed on Recycled Paper and Recyclable

36 . "DRAINAGE AREA PLAN" Sheet No. 9 of9, unrevised. Within 90 calendar days of the date of this letter, the applicant shall submit the following information to the clerk of each county in which the site is located, and shall send proof to the Department that this information is recorded on the deed of each lot referenced in the verification:. 1. The Department file number for the verification; 2. The approval and expiration dates of the verification; 3. A metes and bounds description of any flood hazard area limit and/or tloodway limit approved under the verification; 4. The flood hazard area design flood elevation, or range of elevations if variable, approved under the verification; and 5. The following statement: "The State of New Jersey has determined that all or a portion of this lot lies in a flood haz.ard area. Certain activities in flood hazard areas are regulated by the New Jersey Department of Environmental Protection and some activities may be prohibited on this site or may first require a permit. Contact the Division of Land Use Regulation at (609) for more information prior to any construction onsite." Failure to have this information recorded in the deed of each lot and/or to submit proof of recording to the Department constitutes a violation of the Flood Hazard Area Control Act rules and may result in suspension or termination of the verification and/or subject the applicant to enforcement action pursuant to N.J.A.C. 7: A copy of this plan, together with the information upon which this boundary determination is based, has been made part of the Division's public records. Please note that this letter in no way legalizes any fill that may have been previously placed onsite, or any other regulated activities that may have previously occurred. Also this determination does not affect the applicant's responsibility to obtain any local, State or Federal permits that may be required. This verification is valid for five years from its issuance date. A verification shall not be extended but it can be transferred at the time of sale of a property to which the verification applies to a new owner pursuant to N.J.A.C. 7: Pursuant to N.J.A.C. 7:13-6.l(f), ifthe Department issues a verification for a site, and within five years issues a general permit authorization or an individual permit. for a regulated activity that references or relies upon the verification at that site, the Department shall automatically reissue the verification upon approval of the permit or authorization so that the verification and permit or authorization have the same expiration date. This automatic reissuance shall occur only once per verification and there is no fee for this reissuance. The reissued verification shall reflect any alterations to the floc?d hazard area design flood elevation, flood hazard area limit and/or floodway limit that will result from the regulated activities authorized under the individual permit or general permit authorization. All. pre-construction and post-construction elevations and limits shall be demarcated on drawings approved under the reissued verification. In accordance with N.J.A.C. 7: , any person who is aggrieved by this decision may request a hearing within 30 calendar days after notice of this decision is published in the DEP Bulletin by writing to: New Jersey Department of Environmental Protection, Office of Legal Affairs, Attention: Adjudicatory Hearing Requests; 401 East State Street, P.O. Box 402, Trenton, NJ This request must include all items as outlined in N.J;A.C. 7: and include a copy of the attached Adjudicatory Hearing Request Checklist and Tracking Form. If a person submits the hearing request after this time, the Department shall deny the request. The DEP bulletin is available through the Department's website at

37 Please contact Marian Asante-Grable, of my staff at (609) or via at should you have any questions regarding this letter. Be sure to indicate the Division's file number in all communication. /?~b Vincent J. MB='Q!;zervis" North/Central Engineering Se c. Applicant Municipal Clerk Municipal Construction Official Municipal Engineer