December 1, 2021 Regular Meeting Minutes

SWEARING IN e The Township Professional, Mr. Paul Grygiel Township Planning Consultant sworn in. ° Oath of office was administered by Ms. Diana McGovern, Esq. to Mr. Ken Alper (Class IV: 12-31-2024) APPLICATIONS ¢ Ordinance (Stormwater Control) PRESENTATION e Mr. Leonard Lepore was sworn in by Ms. Diana McGovern, Esq. Chairman Bagoff explained that this ordinance amending and supplementing Chapter 25, Land Use Regulations, Section 25-29, Stormwater Control and Subsections 25- 29.1 through 25-29.13 was sent down to Planning Board from the Town Council and the State. e Mr. Lepore explained in a brief overview as it’s overly technical. The State Department of Environmental Protection promulgates the Federal Clean Water Act and they regulate how water is treated and disposed. It has now come down to the municipality level approximately sixteen (16) years ago and the Township of West Orange is required to adopt this Ordinance to supersede the previous one. There is a very similar Ordinance now which was a model Ordinance prepared by the Department of Environmental Protection and in accordance with our Stormwater Management permit. West Orange is required to adopt as the State has chosen to adopt a new model Ordinance which will supersede the one that is currently in ours. So whenever an application for a major development comes before Planning Board or Zoning Board of Adjustment, or even for applications that may not require land use approval such as a municipal improvement, these regulations must be followed for a major development which is any disturbance of more than an acre or that creates more than a quarter acre of impervious coverage. CME as the consulting Engineer reviews the applications for compliance. ¢ Chairman Bagoff asked if this amendment will change anything in the existing checklist or will this always be something that the Engineer firm will have to look at. Mr. Lepore said that it should already be in our checklist, just a new requirement within the checklist. BOARD QUESTIONS ° Mr. J. Guarino asked if this change will have any impact on the joint meeting (i.e. Waste Management) and its operation. Mr. Lepore said that from our perspective, it does not. But perhaps any requirement they would have to go before a land use board in the City of Elizabeth could impact that. But they’re not going to follow our regulation, they would have to

e, it does not. But perhaps any requirement they would have to go before a land use board in the City of Elizabeth could impact that. But they’re not going to follow our regulation, they would have to follow what is adopted by the City of Elizabeth. ° Councilwoman McCartney asked and referenced “enhanced stormwater regulations” correspondence previously received. Stated that this amendment is not what that is. Asked if this is something related to this and is that something coming along or that a “group advocating for even stronger stormwater regulations”. Mr. Lepore said that these regulations would be stronger than the current ones. They can be stricter than this but are already burdensome on land