West Orange WEHI preliminary report

1 July 1, 2024 Ms. Geneice Gary-Adams, Director/Zoning Official Township in West Orange Planning and Development 66 Main Street West Orange, NJ 07052 Re: Review Report re: Environmental Conditions of Settlement Agreement West Essex Highlands Via Electronic Mail zoningofficial@westorange.org Dear Ms. Gary-Adams, Thank you for the opportunity to assist the Township of West Orange (Client) in the matter of the proposed housing development known as the West Essex Highlands (Applicant). In preparation for the hearings on July 16 and 17, 2024, DeFeo Associates has conducted a review of the submitted plans to confirm compliance with Exhibit C (Design Terms and Conditions) of the West Essex Highlands Settlement Agreement (Agreement). To date, the Applicant has submitted site plan documents that related to the overall site layout. Preliminary architectural drawings have also been provided. However, building details have not yet been submitted regarding the majority of required sustainable building standards, thus, this review will only address those items related to the actual structures that have been submitted to date. The following highlights those plan elements that have been submitted to date and their consistency with the above referenced Settlement Agreement. Where no comment has been made, the Applicant appears to have met the minimum design standard. Where any deviation from the Agreement has been observed, that deviation is highlighted as to the nature of and impact of the deviation. WEI-II shall implement the following design standards in constructing the Proposed Development: 2. Site & Landscaping: a. Implement a Tree Preservation and Replacement Plan in accordance with the following parameters:

2 1. The tree density equals 212 trees per acre, as per the Tree Study. 2. The maximum LOD shall not exceed thirty (30) acres, as per the Zoning Amendment ("Maximum LOD"). No LOD beyond the Maximum LOD shall be permitted under any circumstances. DEVIATION: Applicant has proposed a LOD of 27.5 acres. This is 2.5 acres lower than the allowable limit in the Agreement. 3. If the Maximum LOD is achieved, the maximum tree loss will be 6,360 trees (212 trees multiplied by 30 acres) ("Maximum Permitted Tree Loss"). 4. If less than the Maximum LOD is achieved ("Actual LOO"), then the actual tree loss ("Actual Tree Loss") will be calculated by multiplying 212 trees by the Actual LOO (for example, if only 25.5 acres are disturbed, then the Actual Tree Loss will be 5,406 trees). DEVIATION: The Applicant has reduced the maximum tree loss from 6,360 trees to 5,830 trees by virtue of reducing the LOD. v. WEHI will engage in tree planting and forest regeneration in accordance with the following activities, which are designed to provide credits against the Actual Tree Loss resulting in a net gain of trees planted and forest area protected for regeneration so that the Actual Tree Loss is reduced to less than zero: 1. Credit for each healthy major tree (Greater than 6" diameter) within the LOO that is protected in accordance with standard tree protection procedures during development and not removed as determined by the Township Forester. 2. Credit for each tree planted as the result of an approved landscape plan in accordance with the definition of Major (Greater than 6" Diameter Breast Height) and Minor (Less than 6" Diameter Breast Height) trees. Require that trees be native species for full credit. Prohibit invasive species as defined by the New Jersey Department of Environmental Protection, or another approved source. Provide credit for each tree planted that is a non-native species and is non-invasive. 3. WEHI shall install thirty (30) acres of gated access deer fencing that is eight (8) feet in height in areas of the Subject Property outside of the LOD. Fenced area will be prioritized for location between the LOD and the West Essex Highlands Condominium Association (the "Association") to maximize regrowth and to maximize native understory growth to intercept runoff. WEHI shall receive a credit against the Actual Tree Loss in an amount of 212 trees for each acre of deer

ssociation") to maximize regrowth and to maximize native understory growth to intercept runoff. WEHI shall receive a credit against the Actual Tree Loss in an amount of 212 trees for each acre of deer fencing installed. If WEHI fulfills its obligation and installs the thirty (30) acres of deer fencing contemplated herein, then WEHI shall receive a credit against the Actual Tree Loss in the amount of 6,360 trees. a. Deer fencing will be maintained in perpetuity. DEVIATION: The Applicant has proposed the installation of 33.6 acres of Deer Fencing. This exceeds the amount in the Agreement by 3.6 acres. 4. It is the parties' intent that the installation of thirty (30) acres of deer fencing alone will reduce the Actual Tree Loss to zero or less than zero. However, should

3 the above items, including the deer fencing, fail to reduce the Actual Tree Loss to zero or less than zero, tree planting can be offered for other locations within the Township with priority to locations within the Association where trees are needed as designated by the Township Forester. 5. If WEHI complies with the procedure set forth in this Site & Landscaping section, then WEHI shall have no further obligation regarding the removal or replacement of trees in connection with the construction of the Proposed Development, including but not limited to any replacement of trees or payment of fees which may otherwise be required by the Township's Tree Protection and Removal Ordinance (Ordinance § 25-7) (the "Tree Ordinance"). The procedure set forth herein, if followed, shall serve as a substitute for the Tree Ordinance with respect to the Subject Property. 6. Nothing herein shall supplement: (1) the need for a landscape plan in connection with the Proposed Development to be considered and approved by the Planning Board in accordance with MLUL; and (2) WEHI's obligation to install landscaping and/or buffering on or near the property owned by the Association, pursuant to WEI-II's agreement with the Association and in cooperation with the Association. 5. Building: Safety and Appearance b. Exterior facade materials and claddings will be selected to be low-maintenance or maintenance-free to provide a lasting quality and appearance. 11. Electric Vehicle Charging Stations: Install electric vehicle charging stations at each building (within underground parking area) and make provisions for additional future charging stations through installation of conduit. DEVIATION: Applicant has proposed 5% of parking areas to be EV charging stations with at least one (1) location adjacent to an ADA parking space. Confirm with final space counts. Additional Notes and Observations: 1. The total acreage is 120.429 acres. 2. Total LOD is proposed at 28.35 acres including: a. The total impervious surface is 14.23 acres b. The total area for motor vehicles is 5.84 acres i. Total LOD is 23.5% 3. The total land area preserved is 92.08 acres a. 76.5% of the land to be preserved 4. Planting species appear to meet all requirements as only native species are proposed. a. Applicant may wish to substitute certain species to respond to changes in the USDA Planting Zone Map found at

. Planting species appear to meet all requirements as only native species are proposed. a. Applicant may wish to substitute certain species to respond to changes in the USDA Planting Zone Map found at https://planthardiness.ars.usda.gov

4 5. Updated planting plan to be reviewed for consistency with proposed planting numbers. There appears to be a discrepancy of 69 plants on two sheets. 6. Confirm use of BMP’s for sediment control (SP 41) during construction in accordance with EPA guidelines regarding the use of Compost Filter Socks where appropriate (see attached). 7. Confirm porous pavement locations on latest plans. 8. Exterior building materials appear to meet the requirements of durability and ease of maintenance pending final review. As additional information is made available, further reviews will be conducted as required. However, the preliminary findings support adherence of the Applicant to the referenced elements of the Agreement. Should you have any questions, please contact me at your convenience. Very truly yours, Wayne D. DeFeo, LEED AP, BD&C Principal DeFeo Associates Cc Jamilet Baquerizo - jvite@westorange.org

DEPARTMENT OF AGRICULTURE HEALTH / AGRICULTURE BUILDING CHRIS CHRISTIE PO BOX 330 DOUGLAS H. FISHER Governor TRENTON NJ 08625-0330 Secretary KIM GUADAGNO Lt. Governor April 8, 2014 From: John Showler, P.E., State Erosion Control Engineer To: Soil Conservation District Managers Re: Technical Bulletin for Filter Sock/Tube Products as Sediment Barriers Attached please find Bulletin No. 2014-1.0 which allows the use of filter tube or ‘sock’ products as sediment barriers under the Standard for Sediment Barrier – ‘bale’ barrier section. The bulletin has been developed pursuant to recommendations made by a Task Force commissioned by the State Soil Conservation Committee to re-examine a specific filter sock product which had been previously field tested by several districts. The prior testing had been somewhat inconclusive and so no bulletin was issued at that time. The Task Force examined the previous NJ field test results as well as design specifications from several federal and state governments which have adopted the use of compost-filled filter socks as sediment barriers. In some of those cases, other state agencies were also utilizing the compost sock products to attenuate nutrient or pollutant loading (which is beyond the scope of the Soil Erosion and Sediment Control Act). As a result of its review and examination, the Task Force made a recommendation to the SSCC at its March 2014 meeting that a compost filled filter sock product functioned in a similar manner as a ‘bale barrier’ (as described in that section of the Sediment Barrier Standard), and therefore would be acceptable to use in that capacity. The Task Force presented a draft report to the SSCC which formed the basis for the discussion at that meeting. The report is being finalized and will be distributed to all districts when completed. The filter tube product is being construed as having a similar function to that of a ‘bale’ (typically hay or straw) barrier in that it is constructed as a three-dimension filter that screens out soil particles as water passes through via sheet flow at lower limits of construction. This differs from a sediment or ‘silt’ fence which relies on the settling of soil particles behind a porous fabric while water flows through primarily at the top where it is cleanest. New Jersey Is An Equal Opportunity Employer • www.nj.gov/agriculture

While the Task Force reviewed documentation specifically and exclusively for the Filtrexx Compost sock product, several other manufacturers offer products that are very similar in function in that they utilize a porous, woven tube filled with filter media (of differing kinds) to filter and strain out soil from sheet flow runoff. Therefore in order to maximize the efficiency of the product review and approval process adopted by SSCC in 2014 ( included in the beginning pages of the 2014 NJ Soil Erosion and Sediment Control Standards), and to make the greatest number of products available to the regulated public, I am issuing Technical Bulletin 2014-1.0 which allows the use of any tube or ‘sock’ product which has a three dimensional filter media design. It is not specific to any particular filter media. Filter tube or sock products proposed for use must be designed, installed and maintained in compliance with the Sediment Barrier Standard, as well as manufacturer-specific design or installation requirements. All appropriate installation details must be included on plan detail sheets and the product must be graphically denoted on the plan sheet where it will be installed. It should be noted that in no case is any form of sediment barrier permitted to be installed across a channel (so-called ‘check dams’) which is designed to convey runoff. If there is a concern that the channel design as proposed may erode, then the channel should be immediately stabilized or redesigned so as to be below the erosion threshold for that soil type. If you have any questions about the bulletin or the implementation of filter tube products, please feel free to contact me. Thank you again for your continued efforts to protect New Jersey’s soil and water resources.

Innovative Uses of Compost Erosion Control, Turf Remediation, and Landscaping United States Environmental Protection Agency EPA530-F-97-043 October 1997 www.epa.gov Solid Waste and Emergency Response (5306W) 1EPA 2 Printed on paper that contains at least 20 percent postconsumer fiber. ompost has been viewed as a valuable soil amendment for centuries. Most people are aware that the use of compost is an effective way to improve plant growth. Compost-enriched soil can also reduce erosion, alleviate soil compaction, and help control disease and pest infestation in plants. These beneficial uses of compost can increase healthy plant production, help save money, reduce the use of chemical fertilizers, and conserve natural resources. Compost used for a specific purpose or with a particular soil type works best when it is tailor-made or specially designed. For example, compost that is intended to prevent erosion might not provide the best results when used to alleviate soil compaction, and vice versa. Technical parameters to consider when customizing a compost mixture include maturity, stability, pH level, density, particle size, moisture, salinity, and organic content, all of which can be adjusted to fit a specific application and soil type. CCoommppoosstt TTeecchhnnoollooggyy ttoo CCoonnttrrooll EErroossiioonn ccording to the U.S. Department of Agriculture, the United States loses more than 2 billion tons of topsoil through ero- sion each year. Erosion occurs when wind and rain dislodge topsoil from fields and hillsides. Stripped of its valuable top layer, which contains many essential nutrients, the soil left behind is often too poor to sustain good plant growth. Eroded topsoil can also be carried into rivers, streams, and lakes. This excess sediment, sometimes containing fertilizers or toxic materials, threatens the health of aquatic organisms. It can also compromise the commercial, recreational, and aes- thetic value of water resources. As a result, preventing erosion is essen- tial for protecting waterways and maintaining the quality and productivity of soil. C A

ç Controlling Erosion in Road Construction The Federal Highway Administration (FHWA), of the U.S. Department of Transportation and the U.S. Environmental Protection Agency, recently conducted an erosion control demonstration project that compared mature yard trimmings compost that met FHWA specifications with hydromulch, a sub- stance traditionally used for controlling erosion on roadside embankments. The purpose of the study was to determine the effectiveness of mature yard trimmings compost compared with hydromulch in establishing Fescue grass. The project site was at a newly constructed inter- section in suburban Washington, DC. Two embankments with steep slopes were selected. The first embankment had a 2 to 1 slope; the sec- ond had a 3 to 1 slope. A hydromulch/fertilizer treatment also was applied to a section of each of the slopes. Adjacent to these sections, 2-1/2 inch- es of mature yard trimmings compost was spread. On the 2 to 1 slope, a small amount of fertilizer was also applied, while the 3 to 1 slope was left unfertilized. Fescue grass seed was added and covered with a thin layer of compost to conceal the seed from birds. On steep slopes, berms (mounds) of compost at the top or bottom of slopes can be used to slow the velocity of water and provide additional protection for receiving waters. Slope Rain Layer of Compost Compost Berm 2 Field Water Compost Berm CCoonnttrroolllliinngg EErroossiioonn iinn CCoonnssttrruuccttiioonn aanndd RRooaadd BBuuiillddiinngg Erosion is a naturally occurring process; howev- er, it is often aggravated by activities such as road building and new construction. At the beginning of some construction projects, all vegetation and topsoil is removed, leaving the subsoil vulnerable to the forces of erosion. On steep embankments along roads and highways, compost can be more effective than traditional hydromulch at reducing erosion and establishing turf because compost forms a thicker, more permanent growth due to its ability to improve the infrastructure of the soil. Depending on the length and height of a partic- ular slope, a 2- to 3-inch layer of mature compost, screened to 1/2 to 3/4 of an inch and placed directly on top of the soil, has been shown to con- trol erosion by enhancing planted or volunteer vegetation growth. On steep slopes, berms (mounds) of compost at the top or bottom of slopes can be used to slow the