Planning Board Resolution Chapter XXV Amendments & Supplements re: Fair Share housing Center #20-04

WEST ORANGE TOWNSHIP PLANNING BOARD RESOLUTION NO. 20-04 RESOLUTION RECOMMENDING ADOPTION OF ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XXV LAND USE REGULATIONS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO IMPLEMENT A SETTLEMENT AGREEMENT WITH FAIR SHAIR HOUSING CENTER WHEREAS, the West Orange Township Council has introduced an Ordinance Amending and Supplementing Chapter XXV of the Revised General Ordinances of the Township of West Orange entitled Land Use Regulations (hereinafter the “Ordinance”); and WHEREAS, the purpose of the Ordinance is to include provisions addressing the Township of West Orange’s (the “Township”) constitutional obligation to provide for its fair share of low and moderate income housing, as directed by the New Jersey Supreme Court and consistent with N.J.A.C. 5:93-1 et esq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985; and WHEREAS, the further purpose of this Ordinance is to assure compliance with the regulations of the Council on Affordable Housing (“COAH”) set forth at N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., including provisions for unit affordability controls as well as eligibility for low and moderate income households; and WHEREAS, the Ordinance would update Section 25-18 of the Township’s Land Use Regulations Ordinance so as to require a mandatory affordable housing set aside of twenty percent for all new multifamily residential developments of five units or more; and WHEREAS, the aforementioned set aside requirement shall not apply to residential expansions, additions, renovations, replacement or any other type of residential development that does not result in a net increase in the number of dwellings of five or more;and WHEREAS, the Ordinance would create a new overlay zone district (IHO-1) for the West Orange Plaza shopping center (Block 152.01, Lots 1445 and 1445.05) and Mayfair Farms (Block 152.01, Lot 1445.01) which would permit commercial/retail on the first floor and up to three stories of residential above at a density of up to 16 units per acre, with 20 percent of the units set aside for low and moderate income households, as well as the uses permitted in the underlying zone district; and WHEREAS, the Ordinance would create a new overlay

re, with 20 percent of the units set aside for low and moderate income households, as well as the uses permitted in the underlying zone district; and WHEREAS, the Ordinance would create a new overlay zone district ([HO-2) for 200 Pleasant Valley Way (Block 151, Lot 33) which would permit multifamily residential use at a density of up to 24 units per acre, rounded up to a maximum of 142 dwelling units, with 20 percent of the units set aside for low and moderate income households, as well as the uses permitted in the underlying zoning district; and WHEREAS, this Ordinance is intended to apply except where inconsistent with applicable law; and