Transcript 10 17 24 WO BOA ZB 24 06 PSEG Full size

Page 21 1 even occur? 2 MR. BLAKE: There is a way for there to 3 be a variance or a waiver, but then my understanding 4 is if that happens, then it has to be sent to DEP and 5 then DEP would then have to approve it, and then that 6 would be something that both the city and DEP would 7 have to figure out if that's a possibility. But, in 8 my understanding, it's not a simple just, yes, you 9 can do it. In general though, underground detention 10 is not a viable solution as a green infrastructure 11 for BMP, for Best Management Practice. 12 MS. PORTER: And are you aware of the 13 provision under NJAC 7:8-4.6A which states that a 14 municipality may grant a variance from the design and 15 performance standards for storm water management 16 measures if the municipal plan includes a mitigation 17 plan? Are you aware of that provision? Is that 18 something that you looked at in connection with the 19 language in the code? 20 MR. BLAKE: Yes, I am aware of that. 21 MS. PORTER: And are you aware of whether 22 or not West Orange has a mitigation plan as part of 23 it's municipal requirements? 24 MR. BLAKE: It does not, is my 25 understanding.