Ltr to Board Secretary 3 10 25

Jamilet Baquerizo Vite, Secretary West Orange Township Planning Board March 10, 2025 Page 6 resources.” Id. (emphasis added). Further, Chapter 25-8.16 of the Ordinance requires that the Applicant maintain its “storm drainage system so that runoff is not directed onto any neighboring properties.” Id. (emphasis added). Landowners in West Orange may not freely dispose of surface water onto neighboring properties. The provisions of the Township’s Stormwater and Steep Slope Ordinances further substantiate the Applicant’s violative activities concerning stormwater runoff. Ordinance § 25-29.9 requires the Applicant’s Site Development Stormwater Plan to include: steep slopes and erodible soils information; an environmental site analysis describing a discussion of slopes; total areas to be disturbed; details of all stormwater management facility designs; and the proposed plan to control and dispose of stormwater. Ordinance § 25-28.1 provides that: “Disturbances of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.” Id. As indicated, the disturbance of steep slopes – and any variance relief required incident to such disturbance – needs to be identified by the Applicant and addressed by the Board as part of any Major Site Plan approval under the Township’s Stormwater Management regulations. For all site plans, an applicant is required to provide the Board with a map showing proposed improvements overlain on a colored topographic map to ascertain the extent of steep slope disturbance for a given property. Ordinance § 25-28.7(b) provides that for areas at the top of a steep slope or adjacent to a parcel with steep slopes, a minimum setback of 50 feet is required from the top of slope to any proposed improvements such as buildings, … swimming pools, … or other uses at or near the top of

nt to a parcel with steep slopes, a minimum setback of 50 feet is required from the top of slope to any proposed improvements such as buildings, … swimming pools, … or other uses at or near the top of steep slopes, except as otherwise recommended by a qualified professional. Where development is near steep slopes greater than 30%, the setback shall be increased to a minimum of 100 feet, except as otherwise recommended by a qualified professional. The minimum setback shall be established considering site-specific topographic conditions and the recommendations of the qualified professional geotechnical engineer performing the slope stability analysis.” Id. Further, Ordinance § 25-28.8(a) provides that “No soil or vegetation shall be disturbed or structures constructed within 100 feet of the ridge line [defined as “the top of the First and Second Watchung Mountains as determined by an analysis of topographic maps”]”. The rear of the Property is at the top of the First Watchung Mountain. Clearly, the Applicant has disturbed its Property, and has proposed development, within areas where it is prohibited without variance relief that has never been applied for or obtained by the Applicant. It is not only the Applicant’s failure to notify the Board of its illegal slope disturbance and relocation of the drainage ditch that restricts the Board from comprehensively assessing the Applicant’s entitlement to Major Site Plan approval under the Township’s Stormwater Management regulations (and the extent to which variance relief is required under the Township’s