2 ZBA Application

Ix. area, existing and proposed structures, etc.) upon which a decision can be based. A statement or legal brief which clarifies why the "c" variance should be granted, Particular attention should be paid to the contents of NJ.S.A, 40:55D-70c, applicable case Jaw and relevant Township Ordinances and N.J. Statutes. 2-51.10 _§ B HEREBY _IS D SUPERCEDED TO READ AS FOLLOWS: 25-51.10 "D" Variance Requirements, No "d" or use variance application shall be considered complete unless it fully conforms with subsection 25-512 as well as the following requirements: a x. A map, either in conformance with subsection 25-51,3, 25-51.4, 25-51.5, 25-51.6 or 25-51.7.1 or if the appli¢ation is to be bificated, a Separate map, signed and sealed by an architect, engineer, planner or sutveyor which provides sufficient data (i.e. setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based. A statement or legal brief which clarifies why the "d" variance should be granted and the "special reasons" that pertain to the subject proposal. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70d, applicable case law and relevant Township Ordinances and NJ. Statutes. A planning report prepared by a licensed Professional Planner and a traffic report prepared by a licensed Professional Engineer. The Board may waive the provision of such reports at ifs discretion. CHAPTER 25-5115 SHALL BE AND HEREBY IS AMENDED AND SUPERCEDED TO READ 4S FOLLOWS: 25-5115 Site Plan Review Advisory Board. a Establishment. There is hereby established a Site Plan Review Advisory Board to assist the Planning Board, the Zoning Board of Adjustment and site plan applicants, This Committee shall be comprised of: 1. Director of Planning 2. Township Engineer 3. A Class IV member of the Planning Board who shall hold no other municipal office, appointed by the Planning Board 4. A member of the Zoning Board of Adjustment appointed by the Zoning Board of Adjusiment . Zoning Official Construction Official 7. Representatives of the Building Department, Fire Department, Health Department

C and Police Department, b. Review. The Site Plan Review Advisory Board shall review all applications that require majot site plan approval, The applicant shall be notified, in writing not less than seven (7) days before, of the date on which the application shall be reviewed by the Site Plan Review Advisory Board. The applicant shall be invited to attend, either alone or accompanied by an attorney, architect, engineer and any other experts the applicant chooses. The Site Plan Review Advisory Board shall issue its recommendations on every application, in writing. These recommendations shall be filed with the secretary of the proper board and a copy shall be mailed to the applicant. ¢. Post Approval Review A request by an applicant to change one or more aspects of a site plan previously approved by the Planning Board or Zoning Board of Adjustment shall be reviewed by the’ Site Plan Review Advisory Board to determine whether such changes are considered substantial. Any changes determined to be substantial shall require amended sité plan approval from the Board that granted the original approval, d. Time for Decisions, Referral of an application to the Site Plan Review Advisory Board shall not extendithe time within which the Planning Board or Board of Adjustment must act upon such application pursuant to the MLUL XL = REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. XIL =SEVIERABILITY If any part of this Ordinance shal! be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. XUL EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. COLMA. ( [Soh Gfcifo, Council President i ct i, Mayor rievale, Municipal Clerk Introduced: January 6, 2015 Adopted: February 10, 2015

2436-15 Legislative History This ordinance is drafted as part of an overhaul of the Municipal Code governing the process and procedures for application to the Township of West Orange Planning Department and the Township of West Orange Planning Board and Zoning Board of Adjustment. This ordinance follows a series of recommendations made by the Township of West Orange Planning Board to the Township of West Orange Council for consideration and implementation. This overhaul creates two (2) separate categories of site plan review for: (1) Minor Site Plan Requirements and (2) Major Site Plan Requirements, In addition, the ordinance transforms the previously established Technical Advisory Committee to a “Site Plan Review Advisory Board,” as enabled by the Municipal Land Use Law, 4843-4662-3520, v. 1

2448-15 AN ORDINANCE AMENDING CHAPTER 25, SECTIONS 51.16, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (REVISION OF ZONING ORDINANCE) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 25 of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: 1, PURPOSE The purpose of this ordinarice is to incorporate a Sustainability checklist as part of the major/minor site plan, subdivision application process in an effort to create a more sustainable community and further the objectives of the Stistainability Plan included in the Township's Master Plan Updated adopted by the Township of West Orange Planning Board in 2010. The Sustainability checklist shall incorporate and encourage green building and sustainability measures for various aspects of:zoning and planning, but zoning and planning approval shall not be conditioned upon any particular rating. | Il. CHAPTER 25-51.16, SHALL BE ADDED AND READ AS FOLLOWS: 25-5116 Sustainable Building and Design Stadards. ] All applicants for major and/or minor site plan and/or subdivision approval shall complete a Sustainability checklist form as a completeness item. a, The Township shall-incarporate the current version of “Leadership in Energy & Environmental Design Rating System,” which includes rating systems for LEED for New Construction and Major Renovation promulgated by the US Green Building Council. b. The Sustainability checklist form shall incorporate proposed green energy and water conservation measures including: + The name of any LEED Accredited Professionals working on the project, 2. A list of appliances, fixtures and construction techniques which meet U.S. EPA's Energy Star and WaterSense standards. 3, A list of green and recycled building materials used in construction, renovation, and maintenance. : 4, A Waste Management Plan for recycling and/or reusing 60 percent of all construction and demolition waste generated in projects larger than $25,000 outlining where waste will be sent for recycling, reuse, reprocessing, or disposal, together with a letter from each of the recipient facilities. . Use of any water efficient landscaping. . Use of any on-site renewable energy systems such as: i. Solar ii, Wind iti, Geothermal Du As of April 2, 2015

7. Details of roofing materials designed to reduce the urban heat island effect such as: i. Construction of roof top gardens to reduce solar gain in summer and insulate in winter ii, Use of roofing materials that are no darker than a light gray or demonstrate how altemate roofing materials reduce the urban heat island effect 8. Details of any sustainable stormwater systems employed such as: i. Bioswales/ raingardens Permeable surfaces tii, Grey water systems iv. Retention and detention facilities v, Continuous trenching ‘ 9. A list of native and’ well adapted ‘species used in landscaping to eliminate the need for fertilization and pesticides. c. For each of the items listed on the Sustainability checklist form applicants must indicate the extent to which they are incorporating such a measure in the project or, alternatively, indicate the reason(s) why the measure is not being incorporated in the project. { TH. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict, IV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such patts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. Vv. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. ‘4 fess da. wd J eel pup Poncet President BNL stot ly. nicipal Clerk Cart Cant evale, Mw Introduced: April 14, 2015 Adopted: May 12, 2014 As of Apri 2, 2015

2448-15 The purpose of this ordinance is implement measures to further the objectives of the Sustainability Plan inclnded in the Township of West Orange’s Master Plan Update adopted by the Township of West Orange Planning Board in 2010. Specifically this ordinance incorporates a Sustainability checklist as part of the minor site plan, subdivision and/or major site plan, subdivision applications process whereby applicants will have to disclose whether certain efforts have been made to utilize sustainability measures and obtain a rating accordingly. The ratings systems is adopted from the current version of the “Leadership in Energy & Environmental Design Rating System,” which includes rating systems for LEED for New Construction dnd Major Renovation promulgated by the US Green Building Councit. While the submission of a Sustainability checklist shall be mandatory for the zoning and planning approval, zoning and planning approval shall not be conditioned upon a specific vating under LEED. A proposed Sustainability checklist shall resemble the following:,

2464-15 AN ORDINANCE AMENDING CHAPTER 25, SECTIONS 8,4, 9.9, 9.10, and 11.10 and CHAPTER 32, SECTION 3, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (REVISION OF VARIOUS ZONING ORDINANCES) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 25 of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: 1 PURPOSE The purpose of this ordinance is to make additional revisions as part of the overhaul and revision of the Township of West Orange Code goveming various aspects of zoning and planning consistent with recommendations provided from the West Orange Planning Board and adopted by the Township of West Orange Council, Il. _ CHAPTER 25-8.4 SHALL BE AND HEREBY IS AMENDED AND SUPERCEDED TO READ AS FOLLOWS: 25-8.4 Walls and Fences. Walls and fences are permitted under the following conditions: a. Walls and: fences which: are not more than fifty (50%) percent solid are permitted anywhere on'the property, in all districts, provided they are not higher than four (4) feet, b. Solid walls and fences not higher than six (6) feet are permitted in the rear yard and on the side propeity line up-to the rear line of the applicant's house. If the distance on each side of such a fence is more than five (5) feet to each adjacent house, such solid fence may be located in the side property up to the front of the applicant's house. c. In all nonresidential districts, fences or walls not exceeding six (6) feet in height shall be permitted in the side and rear yards provided the fence or wall is not closer than five (S) feet at any point to a principal building in a residential district. d. In all nonresidential districts, a fence or wall to be used for screening may not exceed six (6) feet in height, e. In all districts the finished side of the fence must face away from the applicant's property, The use of barbed and/or razor wire is prohibited in all districts, g. Electrical wire fence is prohibited in all districts, h. No fence as described in this section may be constructed in any district without a written application being made to the Zoning Officer who shall issue a permit after compliance with the following fee schedule: I. A fifty ($50.00) dollar fee for erection in any residential district. 2. Aone hundred ($100.00) dollar fee for erection in any

hall issue a permit after compliance with the following fee schedule: I. A fifty ($50.00) dollar fee for erection in any residential district. 2. Aone hundred ($100.00) dollar fee for erection in any nonresidential district,

QL CHAPTER 25-9.9 SHALL BE AND HEREBY IS AMENDED AND SUPERCEDED TO RE, 25-9.) Home Occupations. No home occupation may be conducted in a legal owner-occupied one (1) family residence unless the following conditions are met: a A simplified site plan ‘indicating the location of the use on the premises within the principal structure and written description of the occupation to be conducted shall be submitted to the Building Department and Zoning Official. A Certificate of Continued Occupancy, Certificate of Occupancy, or Certificate of Habitability shall be tequired for home occupations. b. The proposed activity shall comply with the following: l. Only one such activity shall be permitted on the premises within the principal structure, and such ;use must not be incompatible with or disturb the adjacent residential neighborhood. as) The activity shall be conducted solely by a person or persons, and members of his/her immediate family, all of whom shall be residing full-time and permanently on the premises, and by no other person or persons living off the premises. 3. Not more than twelve and one-half’ (12.5%) percent or one-eighth (1/8) of the floor area of the principal structure shall be used for such activity. 4. No display or advertising of products or services shall be visible from outside of the principal structure in which the activity takes place. 5. No outside storage any way related to the activity shall be visible from outside of the principal structure in which the activity takes place, 6. No pick-up or delivery or materials to or from the premises in which the activity takes place shall be made, except by private ‘passenger vehicle, licensed package delivery service, or US Postal Service, 7. The activity, including deliveries as described in paragraph 6, shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m. 8. The activity shall not give rise of the need for on-street parking which shall interfere with the residential parking on the street adjacent to the principal structure in which the activity is permitted. c, The following activities related to home occupations are prohibited: 1. Any activity which creates noise, smells or sights, which are ascertainable outside of the principal structure in which the activity takes place; Any activity which causes interference with electrical or electronic equipment off the

smells or sights, which are ascertainable outside of the principal structure in which the activity takes place; Any activity which causes interference with electrical or electronic equipment off the premises in which the activity takes place; w 3. A retail or wholesale salesroom(s) or showroom(s); 4. Any activity which involves the use or storage of hazardous materials as defined by law.