West Orange City Zoning Code

Flood control, groundwater recharge, and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies, and preservation of existing mature trees as per § 25-27 of the Township Code. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

GI BMPs and LID practices not only address stormwater runoff but may also result in multiple benefits, including providing open space and beautifying neighborhoods, cooling and cleansing the air, reducing asthma and heat-related illnesses, and saving on heating and cooling energy costs.

This section shall be applicable to the following major developments:

This section shall be applicable to minor developments as defined in § 25-29.2. This section shall also be applicable to all major and minor developments undertaken by the Township of West Orange, the State of New Jersey or any political subdivision of the state unless specifically exempt by statute, regulations, rule or ordinance.

An application required by ordinance pursuant to subsection c1 above that has been submitted prior to the adoption of this section shall be subject to the stormwater management requirements in effect on one day prior to the adoption date of this section.

An application required by ordinance for approval pursuant to subsection c1 above that has been submitted on or after March 2, 2021, but prior to the adoption of this section, shall be subject to the stormwater management requirements in effect on one day prior to the adoption date of this section.

Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.