New N.J. wastewater rules to affect U.F. development
Monmouth, neighboring counties may get more control over town's future
BY JANE MEGGITT Staff Writer
New wastewater permitting and regulations may cause de facto large-lot zoning in Upper Freehold Township.

Tony DiLodovico, a principal with the township's engineering firm, CMX in Manalapan, said at the June 24 Planning Board meeting that the New Jersey Department of Environmental Protection (DEP) will finalize the new wastewater rules on July 7.

"It will change how wastewater management is done in the state," he said.

Changes include designating county governments as wastewater management agencies, responsible for wastewater management decisions in their counties, he said. All counties will have to submit their wastewater management plans (WMP) to the state, he said.

The DEP has proposed giving counties nine months to submit WMPs, unless they already have WMP approval from the state. A county that already has an approval could have it in effect for up to six years, according to DiLodovico.

He said that Monmouth County has had its WMP filed with the DEP for 10 years, but the DEP never approved the plan. He said the county is working with the state to try to get the plan approved so the county would not have to start the planning process over again. An approved Monmouth County WMP would have to comply with the state's new rules and would designate the guidelines for Upper Freehold wastewater management.

Upper Freehold residents rely on septic tanks, with the exception of those living in the Four Seasons and Heritage Green subdivisions. The only property designated for sewer service was recently put into preservation.

Septics are limited to a discharge of 2,000 gallons per day, according to DiLodovico. If the town wanted to approve a sewage treatment plant for a small commercial or residential development, it would have to apply for an amendment to the county WMP, he said.

He said that a 16,000-square-foot commercial building has 2,000 gallons of wastewater flow per day.

"Anything above that would need an amendment to the WMP," he said.

DiLodovico said that the DEP is also requiring septics discharging less than 2,000 gallons per day to adhere to the new nitrate dilution model. While the former model standard was 5.2 mg of nitrate per liter of wastewater, the new standard will be 2 mg of nitrate per liter of wastewater, he said.

The township's former planner, Mark Remsa, unveiled the results of a nitrate dilution study of the township, partially funded by the Association of New Jersey Environmental Commissions (ANJEC), last year. DiLodovico reiterated that the new standards could mean the township goes from 3-acre lot zoning to 7-acre lot zoning.

The township currently has 3-acre zoning. However, if the Township Committee implements recently introduced master plan changes, the township would move to 6-acre zoning.

DiLodovico further explained that there are 120 Hydrologic Unit Code 11 (HUC 11)s in the state, which identify drainage areas of a certain size. Upper Freehold falls into two HUC 11s and has a drainage area in two different counties, Mercer and Burlington, he said. Only a finite number of building units would be permitted in each HUC 11, and the counties will have to get together to determine how the units will be dispensed, he said.

"Once they come up with a number, that is what will be allowed," DiLodovico said. "That's it."

He noted that the average house generates about 500 gallons of wastewater per day.

Planning Board Chairman John Mele asked how the new rules would affect cluster development. DiLodovico said the nitrate dilution model would apply to the HUC 11 areas, where the development density could not produce more than 10 mg of nitrate per liter of wastewater. He also said those areas would have to have enough open space around the development to bring the discharge down to 2 mg of nitrate per liter. He said a minimum of 70 percent of the land in those areas would have to remain permanently undeveloped and a maximum of 30 percent could be developed under the provision that the entire tract would produce 2 mg of nitrate per liter of wastewater, he said.

Mele noted that the Planning Board recently expanded the township's highway development and community commercial zones, although the Township Committee has yet to implement the recommendation.

"We could use every bit of our residential units in commercial, and not be able to put up anything [else] in residential," he said.

Mele said the town has a number of applications for commercial development and the board would have to work to balance that kind of development with residential development.

Township Planner Charles Newcomb said the big issue is the township's Council on Affordable Housing (COAH) obligation. DiLodovico said that the required COAH units could use up all of the units the township would be permitted to develop under the new wastewater rules. He noted that developments that the township has already approved are grandfathered under the new rules.

Mayor Steve Alexander asked if the DEP discussed the impact of the new rules on landowners' equity. DiLodovico said the DEP is not dealing with that issue.

Township Engineer Glenn Gerken said that if there are only a finite number of lots that can be developed, there will be larger properties that cannot be built on. Alexander said the new rules may cause preservation by default.

Mele said, "Our destiny may not even lie in the county we live in, which scares me even more. We work closely with our county." 

Board attorney Dennis Collins said, "A county that has no jurisdiction over you is making decisions."