C. Requirements for Mitigation Projects
1. Whether the applicant is proposing the mitigation project, or Spring Lake Heights has identified the project within this Mitigation Plan, the following requirements for mitigation must be included in the project submission.
include an alternatives analysis that demonstrates that on-site compliance was maximized to the greatest extent practicable.
Narrative and Supporting Information Regarding the Need for the Waiver- The waiver cannot be granted for a condition that was created by the applicant. If the applicant can provide compliance with the stormwater rules through a reduction in the scope of the project, the applicant has created the condition and a waiver cannot be issued. The applicant must provide a discussion and supporting information of the site conditions that would not allow the construction of a stormwater management facility to provide compliance with these requirements, and/or if the denial of the application would impose an extraordinary hardship on the applicant brought about by circumstances peculiar to the subject property. The site conditions to be considered are soil type, the presence of karst geology, acid soils, a high groundwater table, unique conditions that would create an unsafe design, as well as conditions that may provide a detrimental impact to public health, welfare, and safety.
Sensitive Receptor- Identify the sensitive receptor related to the performance standard for which a waiver is sought. Demonstrate that the mitigation site contributes to the same sensitive receptor.
Design of the Mitigation Project- Provide the design details of the mitigation project. This includes, but is not limited to, drawings, calculations, and other information needed to evaluate the mitigation project.
Responsible Party- The mitigation project submission must list the party or parties responsible for the construction or maintenance of the mitigation project. Documentation must be provided to demonstrate that the responsible party is aware of, has authority to perform, and accepts the responsibility for the construction and the maintenance of the mitigation project. Under no circumstances shall the responsible party be an individual single-family homeowner.
Maintenance- The applicant must include a maintenance plan that addresses the maintenance criteria at N.J.A.C. 7:8-5 as part of a mitigation plan. In addition, if the maintenance responsibility is being transferred to Spring Lake Heights Borough, or another entity, the entity responsible for the cost of the maintenance must be identified. Spring Lake Heights provides applicants with the option of conveying the mitigation project to the Borough, provided that the applicant funds the cost of maintenance of the facility in perpetuity.
Permits- The applicant is solely responsible to obtain any and all necessary local, State, or other applicable permits for the identified mitigation project or measure. The applicable permits must be obtained prior to the municipal approval of the project for which the mitigation is being sought.
Construction- The applicant must demonstrate that the construction of the mitigation project coincides with the construction of the proposed project. A certificate of occupancy or final approval by the municipality for the application permit cannot be issued until the mitigation project or measure receives final approval. Any mitigation projects proposed by the municipality to offset the stormwater impacts of the Borough's own projects must be completed within six months of the completion of the municipal project, in order to remain in compliance with Spring Lake's NJPDES General Permit.
2.In all instances the Board having jurisdiction over the application shall have the power to impose additional conditions as may be appropriate under the circumstances of the application. The Board shall make specific findings of fact and conclusions consistent with the previous sections of this ordinance to illustrate the inability or impracticality of strict compliance with the Ordinance and Stormwater Management Plan and (2) justifying the approval of the applicant's mitigation plan, in order to satisfy the reporting requirements of the municipality's NJPDES permit and other applicable state law requiring the submission of reports to any state or county review agency. The Board shall also have the power to require mitigation as to applications, which have received waivers from the New Jersey Department of Environmental Protection.