Ltr to Board Secretary 3 10 25

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 2 drainage facilities, and retaining walls in the rear of the Property. As submitted, the Application remains incomplete and cannot be properly assessed by the Board. Under Ordinance § 25-29.4, stormwater management measures shall be designed to consider the existing site conditions (in other words, the “base” conditions PRIOR to the pool and pool house construction and the bedrock excavations and clearing of vegetation to construct the retaining wall) including the identification of steep slope areas and related disturbance. The Applicant’s current plan from Colliers does not reflect the “proposed development” as it excludes work performed by the Applicant’s contractor before any stop work order was issued. The Board must consider the site conditions prior to commencement of the unpermitted construction work and all the changes previously made or proposed to be made to the Property by the Applicant since the beginning of the unpermitted/unauthorized construction – and not just those depicted in Colliers’ current plans. Put another way, the Application is to be reviewed by the Board as if the Applicant is first asking for permission to disturb almost two acres of land to construct these improvements (as if the disturbance has not yet occurred) – and not for forgiveness “after the fact”. In addition, the State’s stormwater regulations and the municipal stormwater ordinance each define “major development” as: An individual "development," as well as multiple developments that individually or collectively result in: a. The disturbance of one or more acres of land since February 2, 2004; b. The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004; c. The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or d. A combination of paragraphs b and c above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more. Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. The existing home and associated improvements

evelopment or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. The existing home and associated improvements were constructed after 2004 and therefore, are to be included in the assessment of stormwater. The stormwater report that has been submitted does not address these conditions and is therefore not compliant with the regulations. The Board has to date considered only the Applicant’s proposed future stormwater management system work while ignoring the prior relevant and material changes made and the related Ordinance violations, including but not limited to those that led to the issuance in 2024 of