Bond may be tied to warehouse runoff
Would provide monetary incentive to control flooding
BY CHRIS GAETANO
Staff Writer

When developer TC South Brunswick Inc. promised to keep its stormwater runoff under control, the South Brunswick Planning Board proposed the company put its money where its mouth is with a five-year performance bond.

The proposal came on the heels of the Feb. 1 meeting’s public portion, when some residents claimed that many developers seeking to build warehouses say they will not exacerbate problems with stormwater runoff, but do so anyway.

The firm’s attorney, Rich Goldman, said that, in theory, the idea of a performance bond was acceptable, but warned that it must be worded carefully. Goldman expressed concern that the firm might follow all the rules, but still lose the bond because residents simply won’t like them there.

“I have no problems with laws and regulations. I have no problem with a five-year period. I am concerned about us going beyond the law and, five years later, still saying you don’t like us,” said Goldman.

One thing the company would be held to would be the recharge rate of the groundwater at 110 percent.

Also tied to the bond is the completion of an ambitious engineering project for Davidsons Mill Road. Under the plan, Davidsons Mill Road would need to be expanded in order to accommodate the increased truck traffic. This proposal, however, drew criticism from members of the Eastern Villages Association, a community organization that has opposed the construction of the warehouse as is, due to

concerns about flooding from lack of permeable coverage. In response to these concerns, the company proposed a system that would take water from the road and cycle it back onto their property to be recharged.

It is the contention of the EVA that excess stormwater from the warehouses, due to the lack of permeable coverage, has been overwhelming the public drainage system that many local warehouses use, and is flooding the historically dry highlands area of Pigeon Swamp State Park.

During the meeting, EVA member Jean Dvorak said she had aerial photographs of the area from 1978, prior to development in the area, showing that there was no water coming off the properties. She said that today, lots of water runs out of the properties and into the park.

According to Mayor Frank Gambatese, who also sits on the Planning Board, the reason the park floods is not because of the warehouses, but because the elevation of the areas around the swamp is higher than the swamp itself. Water runs down naturally and has always done so, he said. Pigeon Swamp itself has an elevation roughly 10-20 feet lower than virtually all surrounding properties.

According to board member Edmund Luciano, who was the first to propose this idea, by the time five years pass, the township will be able to accurately gauge the performance of the stormwater management system. Luciano stated that the township, at that point, will have experienced most of the storms people are concerned with. He also, however, proposed a quarterly exam on the system administered by a qualified, independent engineer.

The linking of the company with a performance bond to provide a financial incentive for the firm to keep its promises has lead to a feeling of cautious optimism among some residents.

“I think it’s a great idea, and I think that’s one of the first times I heard a warehouse developer saying they’ll put their money where their mouth is and build it the right way. What happened in the past, they say it’ll work — and in reality it doesn’t — and the town is left holding the bag,” said William Klimowicz, a member of the EVA. “I have a better feeling with this new company than with others in the past. They seem to be willing to do the right thing.”

According to Klimowicz, a concern he still had was inspection. He agreed with the sentiment that an independent engineer should make sure the company is living up to its promises. Also, he said the effectiveness of the performance bond will depend on how it is worded. He said that many problems could be avoided if companies would consult with the residents before even going before the board.

Jean Dvorak, also a member of the EVA, concurred.

“I think, yes, I have my reservations because I have some concerns, but it is definitely a good idea to hold them accountable,” said Dvorak.

Some members of the board also thought the idea of the bond was a good idea.

“I was really pleased with Luciano’s comments pertaining to that, because I’ve never seen that done before. If they’re willing to do that, that’s a terrific position,” said Gambatese.

According to Gambatese, another concern of the board is the traffic, which was actually meant to be the primary focus of the meeting. Of particular interest was the recurring issue of truck traffic, with trailers making noise and getting lost in residential neighborhoods, which can cause disturbances and traffic problems. According to Gambatese, further measures are needed to curb these problems.

“We need to prevent the trucks from going into the residential neighborhoods, but that’s not the fault of the application as much of the fault of poor signage or our police are not enforcing it enough. ... We and the police will cooperate in any way we can, but the township is huge and cops can’t be all over. Still, we’ll see what we can do and see if we can solve that,” said Gambatese.

“I think the applicant has made some good faith measures in his application to try to solve some of the problems that concern the residents, and I’m very pleased with that, and I think the residents have some very legitimate concerns and they need to be addressed,” he said.