Ltr to Board Secretary 3 10 25

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 5 In summary, this analysis reveals that: (1) the drainage ditch was improperly relocated (and/or partially filled in) and reduced in length (straightened) from Eagle Ridge Way with its slope increased, resulting in the velocity of stormwater in the channel being increased so as to adversely impact Llewellyn Park; (2) the drainage ditch watercourse constitutes a regulated water feature under the Riparian Zone portion of the State regulations (based on the physical character of the watercourse as depicted in photographs and the 2021 Roberts Survey depicting “Banks”) and that its relocation was in violation of State regulations; (3) the clearing of vegetation within the Riparian Zone had disturbed the entire Riparian Zone and was also a violation of State regulations; (4) the Applicant failed to identify to the Township or the Board the nature and extent of steep slope disturbance at the Property, some of which to illegally install the 36” pipe (partially on property owned by Llewellyn Park – and within a slope area exceeding 25%) that improperly shoots a stream of water into Llewellyn Park; and (5) the Applicant failed to identify that variance relief was required of the Applicant due to the steep slope disturbance at the Property that contributes to erosion and adverse stormwater impacts to Llewellyn Park. The straightening of the stream and the installation of the pipe dramatically changed the stormwater discharge into Llewellyn Park. The location, slope, length, and conditions of the drainage channel and its discharge point were altered in violation of the Ordinance, State law, and to the detriment of Llewellyn Park. These legal violations, jointly and severally, constitute violations of the Township’s stormwater and steep slope regulations as well as State regulations under N.J.A.C. 7:8 and N.J.A.C. 7:13. It appears that approximately 25,000 SF of the Applicant’s 90,000 SF Property, or almost 30% of the entire lot, was comprised of steep slopes greater than 10%. The Applicant has disturbed steep slopes well beyond the maximum permitted disturbed area as set forth in the Township’s steep slope ordinance, yet no steep slope disturbance calculations were provided by the Applicant to the Board. Even the area of the drainage ditch at the rear of the Property was mostly

he Township’s steep slope ordinance, yet no steep slope disturbance calculations were provided by the Applicant to the Board. Even the area of the drainage ditch at the rear of the Property was mostly within an area of 25% or greater slope which was illegally disturbed by the Applicant. The non-permitted disturbance within steep slope areas was never calculated or identified on the 2021 Roberts Survey, the 2021 Roberts Slope Analysis, the 2021 Pool Artist Plan, the 2022 Matarazzo Plan, the 2024 Osterkorn Survey, or the 2024 Colliers Site Plan. This critical omission violates the Ordinance and applicable law and prevents the Board from assessing related stormwater impacts as specifically contemplated by both the Township’s Stormwater and Steep Slope Ordinances. This illegal slope disturbance and relocation of the drainage ditch is contributing to the adverse stormwater conditions presently experienced by Llewellyn Park and its residents. The Applicant has a legal obligation to prevent harm to Llewellyn Park and not allow stormwater runoff from its Property to be directed onto any neighboring property. Chapter 25-2.1(o) of the Township’s Land Use Regulations Ordinance (the “Ordinance”) identifies one of its purposes the protection of residential areas, and in particular, Llewellyn Park: “o. To protect, conserve and preserve the unique character and history of the Township's residential areas. Particular attention is drawn to the area known as the Llewellyn Park, America's first planned residential community and the Prospect Ridge area with its scenic beauty and natural wooded geological