Review Zone Application for D&R Canal Commission Decision

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1 Review Zone Application for D&R Canal Commission Decision MEETING DATE: January 18, 2017 DRCC #: C Latest Submission Received: January 10, 2016 Applicant: PVP Franklin, LLC 769 Northfield Avenue, Suite 250 West Orange, NJ Engineer: Warren Hilla, PE Dynamic Engineering Consultants, PC 1904 Main Street Lake Como, NJ Project Location: Road Municipality County Block(s) Lot(s) 495 Weston Canal Road Franklin Twp Somerset Jurisdictional Determination: Zone A Major Nongovernmental Subject to Review for: Drainage Visual Subdivision Stream Corridors X X THIS STAFF REPORT IS ISSUED AS A GUIDE TO APPLICANTS IN COMPLYING WITH DRCC REGULATIONS. IT IS NOT AN APPROVAL. NO CONSTRUCTION SHALL BEGIN UNTIL A CERTIFICATE OF APPROVAL HAS BEEN ISSUED. Documents Received: from Jordan Rizzo to Marlene Dooley dated January 11, 2016; s from Jordan Rizzo and Joseph Ruggeri dated December 20, 2016 through January 10, 2016; Letter (4 pages) dated December 1, 2016 from Warren P. Hilla, PE; Site Plans ( sheets) dated November 20, 2014, last revised October 20, 2016; Addendum to Stormwater Management and Engineering Report dated September 2014, last revised November 2016; Stormwater Management Operation and Maintenance Manual dated February 2015; Sign Detail dated January 12, 2017 (1 sheet); Stream Corridor Easement Exhibit (1 sheet) dated October 26, 2016, revised January 11, 2016; prepared by Dynamic Engineering; Traffic Impact Assessment dated November 20, 2014, and Supplement to Traffic Impact Assessment dated December 23, 2014, prepared by Dynamic Traffic, LLC; Proposed Building Elevations (5 sheets) dated November 10, 2014, prepared by Feinberg & Associates. The application is complete and shall be presented to the Commission for their action with a staff recommendation of approval at the January 18, 2017 meeting, based upon the following analysis: PO BOX 539 STOCKTON, NJ FAX

2 2 Existing Conditions: This acre parcel is located in Commission Review Zone A, and bordered to the north by Weston Canal Road, to the west and south by a New Jersey American Water facility, and to the east by agricultural lands. Randolph Brook lies approximately 150 feet beyond the southeast corner of the site and the D&R Canal lies immediately to the north of Weston Canal Road. The site is currently undeveloped, consisting of agricultural use and contains no development or impervious surface. The majority of the site drains to the canal. In 2004, the Commission approved a project for two warehouses, parking, an entrance drive, and road widening, however, the project was never built. In 2012, the Commission approved the construction of a data center, consisting of two, two-story buildings, each having a footprint of 8.77 acres, as well as the construction of associated parking areas, access roads, utilities and stormwater management features. The placement of approximately 38 acres of impervious surface was proposed and approved. A stream corridor easement was also recorded for the site. The 2012 project was never constructed. Proposed Project: A new applicant is now proposing to modify the approval and construct 20 one-story buildings, for a warehouse flex condominium complex, with a total area of approximately acres. The proposed project will also include paved access drives and parking, utilities, landscaping, lighting and stormwater management facilities. Additionally, the applicant proposes to widen along Weston Canal Road. This modification was requested by Somerset County. Based upon the submitted application, the total proposed impervious surface area coverage onsite is approximately acres. The project will also result in an area of disturbance of approximately acres. Stream Corridor: A portion of the site along Weston Canal Road lies within the floodplain of the Raritan River. Some development along Weston Canal Road is therefore situated within the associated stream corridor, which lies 100 feet beyond the floodplain limits of the Raritan River. The floodplain along Randolph Brook has been approximated using the method at N.J.A.C. 7:13-3.5, which conservatively estimates the floodplain limits. The floodplain itself does not extend onto the site, but the southern corner of the property lies within the Commission s stream corridor, which measures 100 feet outside the floodplain of Randolph Brook, since it does not discharge to the canal. Another stream originates on site and flows into the canal. However, this stream has a contributory drainage area of less than 50 acres and therefore does not have a regulated floodplain or stream corridor. As part of the 2012 approval, a stream corridor easement was entered between the Commission and applicant. The map provided by the applicant accurately reflects the recorded easement area for the site. Both the 2004 and 2012 approvals authorized the existing access road. For the 2012 approval, the Commission obtained additional land in easement for the intrusion of the roadway. In this modification, the applicant confirmed that the roadway will not exceed the area granted for the access way, however, 750 feet of grading will occur in the easement area. The applicant is seeking a waiver pursuant to N.J.A.C. 7: (a)2 for the grading by preserving an additional 1,057 square feet of area adjacent to the stream corridor. The 750 square feet will remain within the existing recorded easement area and be reseeded. It is staff s opinion that the preservation of land

3 3 at a ratio of greater than 1:1 adjacent to the stream meets the waiver provision of N.J.A.C. 7: (a)2. In addition, Somerset County has required the applicant to widen Weston Canal Road and that the intersection provide a left turn lane into the access roadway to the project site. This work will also necessitate the movement of an existing headwall. The applicant is seeking a conditional use for these impacts to the corridor. N.J.A.C. 7: (a)4 states, in part, that culverts and roads having received approval from the appropriate municipal, county or state entity may be permitted if the water course does not enter the canal and it is not inconsistent with the Master Plan. The work will be to an existing road, within the County s Right-of-Way and the associated stream does not enter the canal. It is staff s opinion that the widening of the roadway meets the standard of a conditional use. Stormwater Runoff Quantity: As with the originally-approved design, runoff will be collected into three proposed detention/infiltration basins that will be situated in the northern half of the site. Basins 1 and 2 discharge into the onsite tributary and Basin 3 flows into an existing storm sewer along Weston Canal Road, and all of these outflows eventually discharge into the canal. The proposed basins are designed to attenuate runoff from the site under developed conditions such that the proposed peak runoff rates during the 2-year, 10-year and 100-year storms will be reduced to less than 50%, 75% and 80% of existing peak runoff rates, respectively, in accordance with the stormwater runoff quantity standards at N.J.A.C. 7:45-8.6(a)1. The submitted calculations utilized the Natural Resource Conservation Service (NRCS) Technical Release No. 55 (TR-55) hydrologic methodology, Standard unit hydrograph rainfall distribution and current New Jersey 24-hour rainfall frequency data for Middlesex County to compute peak runoff flow rates and volumes. The stormwater quantity calculations were also performed assuming that infiltration fails in order to confirm rate reduction requirements. Additionally, since the site drains to the canal, new sources of stormwater are prohibited under N.J.A.C. 7:45-8.3(a)2. The submitted calculations have also confirmed that the amount of runoff volume to the canal will not be increased because of the proposed project. Therefore, the proposed stormwater management measures will provide enough peak flow attenuation to meet the specific runoff quantity standards of N.J.A.C. 7:45-8.6(a)1. Stormwater Outfall: Portions of the site flow into the canal. In 2009, the Commission regulations were amended to include specific standards for outfalls discharging to the canal at N.J.A.C. 7: New outfalls to the canal were prohibited, new sources of stormwater that tie into the drainage systems discharging to the canal were prohibited pursuant to N.J.A.C. 7:45-8.3(a)2, and for projects discharging to existing outfalls, removal or treatment to 95% total suspended solids (TSS) is required. As noted above, the applicant is proposing new impervious surface area within the watershed that drains to the canal. Pursuant to N.J.A.C. 7:45-8.3(a)2 new sources of stormwater that tie into drainage systems that discharge to the canal are prohibited. However, as designed, these new sources of stormwater will infiltrate onsite and therefore not discharge to the canal. In addition, as outlined below, the applicant is proposing to meet the 95% total suspended solids (TSS) removal rate requirement of N.J.A.C. 7:45-8.3(a)5ii.

4 4 Water Quality: The Commission requires that all proposed full depth pavement including newly and re-constructed parking and access drives that are being renewed, must meet water quality standards in accordance with Commission regulations (N.J.A.C. 7:45-8.7). As noted above, portions of the site drain to the canal. Therefore, for stormwater draining to the canal, reduction of the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm by a rate of 95% of the anticipated load from the developed site, expressed as an annual average, is required. For any portions of the site that do not drain to the canal, reduction of the post-construction load of TSS in stormwater runoff generated from the water quality design storm by a rate of 80 percent (%) of the anticipated load from the developed site, expressed as an annual average, is required. Based upon the submitted application, acres of paved vehicular drive areas are being proposed as part of the project. With the exception of approximately 0.68 acres of pavement associated with the proposed access drive, runoff from all proposed pavement will reach one of the three basins, where the entire water quality design storm will be trapped and infiltrated. Since no discharge will occur during the water quality design storm, effectively 100% TSS removal is met for the vast majority of the site. Two manufactured treatment devices (MTD) are also being proposed. One AquaSwirl type MTD that provides 80% TSS removal will be installed at the entrance to the site along Weston Canal Road, which will capture and treat runoff from a portion of the proposed pavement that cannot be discharged into one of the basins. One additional Terre Kleen TK-18 MTD that provides 50% TSS removal will also be installed along Weston Canal Road, which will capture and treat runoff from another portion of the proposed pavement that cannot be discharged into one of the basins. Therefore, the overall weighted average TSS removal rate for the entire site will be greater than 95% and will meet the specific water quality standards of N.J.A.C. 7: and N.J.A.C. 7:45-8.3(a)5. Groundwater Recharge: As noted above, the proposed basins are designed to capture and infiltrate a large volume of runoff, such that the difference in runoff volume between the existing and proposed 2-year storms will be infiltrated. The specific recharge standards of N.J.A.C. 7: are therefore met. Nonstructural Methods: As with the originally-approved design, due to the nature of the proposed development, and the exceptionally large volume of runoff that will be generated by the proposed impervious surface on site, stormwater must necessarily be managed using primarily structural means, such as basins and pipes. The onsite topography does not furthermore lend itself to the creation of grassed swales or large amounts of disconnected impervious surface. Additionally, development has been situated as far from the canal as possible, and the most critical areas on site (such as wooded areas, freshwater wetlands, and areas with A soils) will remain largely undisturbed. Given the above, the use of nonstructural stormwater strategies for this development has been maximized, as required at N.J.A.C. 7: Stormwater Management Maintenance Plan: A stormwater management operation and maintenance plan document has been prepared for the best management practice (BMP) elements proposed for the 495 Weston Canal Road project. The plan includes maintenance details for the proposed stormwater management basins and the both

5 5 manufactured treatment devices (MTD). The submitted plan has been prepared in accordance with the requirements of N.J.A.C. 7: Visual and Natural Quality Impact: The proposed project site is located within Commission Review Zones A and B. Commission regulations at N.J.A.C. 7: state that if a portion of the site is within Zone A, then the entire site is to be treated as Zone A. The site is located in a Suburban Environment as described in the Delaware and Raritan Canal State Park Master Plan. The required set back in a Suburban Environment is 200 feet. The gravel access road is within the 200 foot setback but was approved as part of the 2012 approval. Staff notes that the access road has been cleared, graded and placed with gravel as part of the existing approval. The buildings will be more than 500 feet from the park, providing additional setback. The design standards at N.J.A.C. 7: require that structures be limited to a height of 40 feet above existing grade and that the colors be typical of those found in the park. Under this new proposal, the buildings will be 46 feet in height, which is 4 feet shorter than the originally approved height of the buildings. In addition, the buildings will be tan and brown earth tones. And, as noted above, the applicant has proposed an extensive landscaping plan including evergreen trees along Weston Canal Road. The applicant proposes a sign within 200 feet of the park. Signs in excess of six square feet must be more than 200 feet from the park, N.J.A.C. 7: The applicant proposes a six-square-foot sign at the Weston Canal Road entrance to the site. It is staff s opinion that the project meets the visual, natural and historic impact standards. Traffic: The Commission shall review major projects in Review Zone A for their traffic impact on roads that enter the Park or any part of Zone A, N.J.A.C. 7: If the commission determines that the additional traffic will have an adverse impact on the park, the applicant shall use any feasible planning techniques that will direct additional traffic away from the park. If there are no feasible techniques, the project shall be approved for traffic impact review. The applicant submitted a traffic study for the proposed project. The assessment anticipates that the project will result in an expected increase of up to 200 vehicles during peak morning and up to 100 in the afternoon rush hour. The applicant states that the traffic will not be heavy during the other hours of the day, and that this traffic will occur Monday through Friday and not on the weekend. The applicant further states that the anticipated truck traffic will be single unit trucks, not tractor trailers, given the nature of a flex warehouse. The project will result in an increase in traffic but because Weston Canal is a road parallel to the park and most traffic will be heading to Route 287, there are not many opportunities to direct traffic away from the park. With this project, the County will require the applicant to construct a left turn lane into the access drive and a right turn

6 6 only and left turn lanes to exit the site, which will keep traffic moving. Staff notes that the Master Plan references that on the east side of the canal, Weston Canal Road is heavily used and there are industrial buildings on large lots. It is staff s opinion that the project meets the standard of N.J.A.C. 7: Staff Recommendation: Staff recommends approval. Sincerely, Marlene Dooley Executive Director C: Jordan Rizzo, Dynamic Engineering Franklin Township Planning Board Somerset County Planning Board