2870 24 Amending and Supplementing Chapter 25 Section 29 of the Township of West Orange Municipal Code Stormwater Mgmt RedLined 2

10 D. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 25- 29.4o, p, q, and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met: 1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means; 2. The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 25-29.4o, p, q, and r to the maximum extent practicable; 3. The applicant demonstrates that, in order to meet the requirements of § 25- 29.4o, p, q, and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and 4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 25-29.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 25- 29.4o, p, q, and r that were not achievable onsite. E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 25-29.4o, p, q, and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable

performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department’s website at: https://dep.nj.gov/stormwater/bmp-manual/. F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this ordinance the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence. Deleted: Section IV.O, P, Q and R Deleted: Section IV.O, P, Q and R Deleted: Section IV.O, P, Q and R Deleted: IV.D.3 Deleted: Deleted: Section IV.O, P, Q and R Deleted: Deleted: Section IV.O, P, Q and R