Township Council Meeting — Packet

h-water table and a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to 38

evaluate the suitability and distribution of soils present at the location of the control measure. On a case-by-case basis, the Township Engineer may require a soil evaluation to a be a condition of any approved plan and be completed prior to or during construction and installation of any stormwater management BMP on the site. E. Maintenance and Repair Plan Minor development BMPs shall be operated and maintained in accordance with guidance published and provided by NJDEP Stormwater Best Management Practices. F. Waiver from Submission Requirements The municipal official or board reviewing an application under this article may, in consultation with the Township Engineer, waive submission of any of the requirements in § 25-29.11C(1) through (3) of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process. § 25-29.12—Maintenance and Repair: A. Applicability Projects subject to review as in § 25-29.1C of this ordinance shall comply with the requirements of § 25-29.12B and 12C. B. General Maintenance 1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development. 2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics. 3. If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity’s agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation. 39

4. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all the maintenance required. 5. If the party responsible for maintenance identified under § 25-29.12B3 above is not a public agency, the maintenance plan and any future revisions based on § 25-29.12B7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. 6. Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings. 7. The party responsible for maintenance identified under § 25-29.12B3 above shall perform all the following requirements: i. Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders; ii. Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and iii. Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 25-29.12B6 and 12B7 above. iv. Submit to the Township every May 1, an annual maintenance report, including all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design and of the development. v. Post a two-year maintenance guarantee in accordance with N.J.S.A. 49:55D53. This person must develop a written maintenance and

nagement measures incorporated into the design and of the development. v. Post a two-year maintenance guarantee in accordance with N.J.S.A. 49:55D53. This person must develop a written maintenance and inspection program to be approved by the Township of West Orange. 8. The requirements of § 25-29.12B3 and 12B4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the 40

ordinance should require the posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department’s website at: https://dep.nj.gov/stormwater/maintenance-guidance/. 9. If the stormwater management facility becomes a danger to public safety or public health, or if it needs maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property. C. Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53 §25-29.13— Stormwater License and Inspection Requirements for Major Developments Only. A. All stormwater management facilities are to be maintained by the responsible party or homeowner association in accordance with the approved maintenance plan. B. All stormwater management facilities for major developments are required to obtain a Stormwater Maintenance Permit from the Engineering Department after approval from the appropriate land use board has been obtained. C. The annual fee for the Stormwater Maintenance Permit shall be listed in the West Orange Fee Resolution D. The Stormwater Maintenance Permit shall be renewed each year, no later than January 1st. E. A detailed inspection and maintenance report shall be submitted annually no later than January 1st to the Engineering Department. The fee for every review by the engineer shall set by Resolution. F. The inspection and maintenance report shall include and not be limited to: 1. 2. 3. 4. 5. 6. Stormwater inlets and manholes Detention basin outflow structures Trash racks and overflow grates Vegetation Embankment erosion control Sediment removal and pond maintenance 41

7. Mechanical Treatment Devices utilizing filter shall have a record of replacement as per the manufacturer’s specifications 8. Green Infrastructure measures including condition of all plans G. The inspection report shall include copies of photographs depicting the conditions of the BMPs. §25.29.14—Fees: Major and Minor developments that are part of a Land Use Board application process shall file a stormwater permit application with the associated application fee set by Resolution. All professional reviews shall be paid for through the escrow associated with the stormwater permit application. For projects, both major and minor that are not part of a Land Use Board application, these same fees shall apply according to fees set by Resolution. §25.29.15—Penalties: Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall be subject to the following penalties: § 25-59, Penalties—General §25.29.16—Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. §25.29.17—Repealer: All other ordinances or parts of ordinances inconsistent with this section are hereby repealed. If any two or more regulations contained within the Zoning Ordinance appear to or do conflict, the most restrictive regulation shall apply. §25.29.18—Effective Date: This Ordinance shall be in full force and effect from and after its adoption and any publication as required by law. Deleted: ¶ ¶ 42

SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: April 8, 2025 ADOPTED: (after Planning Board review) 43

2918-25 Legislative History The purpose of this ordinance is to amend Chapter 25, Section 29 related to the Stormwater Control Ordinance (SCO) that was adopted on December 10th 2024 for establishing requirements for stormwater best management practices for quantity, quality and green infrastructure for minor development projects and maintain compliance with N.J.A.C. 7:8 Stormwater. 44 Deleted: xxxx

762-25 April 8, 2025 RESOLUTION WHEREAS, 0722-33-012-003 BK Lobster WO, LLC t/a Hendrix House has made an application for a Place-to-Place Transfer for the above-mentioned inactive license; and WHEREAS, the principal has been investigated by the Township Police Department with no impediments to an interest in an alcoholic beverage license; and WHEREAS, due notice of the proposed transfer was published in the West Orange Chronicle on March 6, 2025 and March 13, 2025, appropriate fees have been paid by the applicant, and tax clearance for the transfer has been received; and WHEREAS, a public hearing was conducted on April 8, 2025 and no one appeared in opposition thereto; and NOW THEREFORE BE IT RESOLVED that the Township Council of the Township of West Orange hereby authorizes the Place-to-Place Transfer of Plenary Retail Distribution License No. 072233-012-003 to BK Lobster WO, LLC t/a Hendrix House, 161 Main Street, West Orange, NJ 07052 and is hereby approved. ______________________________________ Karen J. Carnevale, R.M.C. ABC Board Secretary/Municipal Clerk Adopted: April 8, 2025 Effective: April 8, 2025 __________________________________ Joe Krakoviak, ABC Board Chairperson Council President

763-25 April 8, 2025 WEST ORANGE ABC BOARD RESOLUTION APPROVING RENEWAL OF LICENSE #0722-33-031-007 2001 Proof, LLC NUNC PRO TUNC FOR 2023-2024 LICENSE TERM (Inactive License) WHEREAS, it has been discovered that a Resolution approving the renewal of Liquor License Number 0722-33-031-007, 2001 Proof, LLC (Inactive License) was previously not adopted by the Township of West Orange for the 2023-2024 license terms; and WHEREAS, to bring the license up to date, the New Jersey Division of Alcoholic Beverage has directed that the licensee be renewed Nunc Pro Tunc; and WHEREAS, it is necessary for the Governing Body to adopt a resolution Nunc Pro Tunc approving the 2023-2024 liquor license terms; and WHEREAS, the applicant is qualified to be licensed per standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder. NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Township of West Orange, County of Essex, State of New Jersey, that the renewal of Liquor License Number 072233-031-007 for 2001 Proof, LLC, (Inactive License), is hereby authorized Nunc Pro Tunc as follows: 2023-2024 for the term of July 1, 2023 to June 30, 2024. _______________________________________ Karen J. Carnevale, R.M.C, Municipal Clerk/ ABC Board Secretary Adopted: April 8, 2025 Effective: April 8, 2025 _____________________________ Joe Krakoviak, Council President/ ABC Chairperson