2 ZBA Application

, AMENDED AND SUPERCEDED TO READ AS FOLLOWS 25-9.10 Home Professional Office. A home professional office must meet the following conditions: a. The home must be located on one of the following streets or roadways: Pleasant Valley Way, Mount Pleasant Avenue, State Highway 10, Northfield Avenue, Main Street, Prospect Avenue, Gregory Avenue, Old Short Hills Road, Eagle Rock Avenue, Park Avenue, Washington Street, Harrison Avenue, Valley Road or South Valley Road. b. The professional use must be located on the entry level, and shall not occupy (i) more than fifty (50%) percent of the entry level and (ii) shall not exceed one thousand (1,000) square feet. c. A site plan indicating the. part of the premises, with square footage, to be used shall be submitted to the Planning Board for approval. A Certificate of Continued Occupancy, or Certificate of Occupancy, shall be required. Amended site plan approval and a new Certificate shall be required for any change of the profession practiced on the premises. d. The applicant shall-submit evidence that he or she has the degree, certificate or license of the profession for which the premises are to be used. e. Not more than three (3) people, including the resident of the home and staff, can work in the professional activity on the premises, f A sufficient. number of spaces shall be provided for off-street parking for residents of the home’ and staff personnel. g. A name plate, not exceeding one (1) square foot in area, may be used after obtaining a sign permit from the Planning Department. No interior illuminated lighting in the sign shall be permitted; and only the name of the professional and the profession shall appear on the sign which shall be within the property lines not more than five (5) feet high, and shall be located within the property lines of the site. No signs shall be posted in windows. h. [fa home is located on a corner lot, and one of the adjacent streets is listed in paragraph a, a home professional office, otherwise subject to the requirements of this ordinance is permitted. Vv. CHAPTER _ 25-1110. SHALL BE AND HEREBY IS AMENDED _AND SUPERCEDED TO READ AS FOLLOWS: 25-11.10 Outdoor Cafes in the B-1, B-2 and PC Districts, Outdoor cafes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General Licensing, of the Revised General Ordinances of the Township of

1, B-2 and PC Districts, Outdoor cafes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions: a, Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations. b. Adequate sidewalk access (at least four (4) feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way, c. Some form of formal space delineation, such as a removal fence, may be required during cafe business hours to define sidewalk space from cafe space. d. Outdoor or patio type furniture must be used; upholstered furniture is prohibited.

e. Street, furniture (seating, tables, fencing, etc.) must be moved into the serving establishment when the outdoor cafe is not open for business. f£ Cleanliness of the outdoor serving area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to Section 25-15, is prohibited. h. A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area. i, The use of the described Jocations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of this paragraph and the payment of an annual fee of fifty ($50.00) dollars, i. Any permit issued by the, Director of Planning shall designate the hours of Operation of any sidewalk cafe but in no event may a sidewalk cafe remain open after 11:00 p.m. on Sunday through Thursday or after 12:00 midnight on Friday, Sanirday and legal holidays. k Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk cafe, VI CHAPTER 32-3 SHALL BE AND HEREBY IS AMENDED AND SUPERCEDED TO READ AS FOLLOWS: ALALAD AS FOLLOWS: 32-3 Approving Agency; Administration. The approval provisions of this chapter shall be administered by the Planning Board or Zoning Board of Adjustment in accordance with Sections 25-46.7b and 25-47,8d of Chapter XXV, Land Use Regulations. VI. 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. VI. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance.

IX. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law, a ua — Oey i President Ee Pho on. 0 a Keaton LGat rnevale, Municipal Clerk Introduced: September 29, 2015 Adopted: October 27, 2015 Approved as to form on the basis of the facts provided:

2464-15 Legislative History This ordinance is drafted as an additional part of the overhaul of the Municipal Code governing the zoning for the Township of West Orange. These revisions are another set of revisions approved and proposed by the Township of West Orange Planning Board and Zoning Board of Adjustment, 4824-7734-GO88, v. |

Resolution ZB-08-37 December 16, 2010

RESOLUTION ZB-08-37 ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE RESOLUTION GRANTING SITE PLAN APPROVAL WITH VARIANCES AND CONDITIONS TO SETON HALL PREPARATORY SCHOOL WHEREAS, the Seton Hall Preparatory School (“the Applicant” or “Seton Hall”) made Application to the west Orange Zoning Board of Adjustment on various dates for site plan approval with variances to add additional playing fields and new structures on its premises off of Prospect Avenue, also known as Block 81.01 Lots 1.01, 1.04, 1.05, and 1.06 and Block 82.01, Lots 1, 7, 7.01, 7,02 and 7.05, (the “Subject Property”), and collectively, (the “Application”) and WHEREAS the Subject Property is situated in the R-1 zone; and WHEREAS the Applicant presented proof that adequate notice of the hearing was published in the West Orange Chronicle, one of the official newspapers of the municipality; and WHEREAS the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the Subject Property and all others required to receive notice; and WHEREAS the Application was heard at a public meetings of the Board held on 11/6/08, 3/12/09, 4/23/09, 5/14/09, 5/28/09, 6/11/09, 7/9/09, 9/10/09, 10/29/09, 11/5/09, 11/19/09, 12/3/09, 1/14/09, 1/21/10, 2/4/10, 3/4/10, 4/1/10 4/15/10, 5/6/10, 99988/2580 12/22/2010 162992502

6/3/10, 6/17/10, 6/24/10, 7/21/10, 9/1/10, 10/7/09, and 11/8/09; and WHEREAS the Applicant was represented by Robert C. Williams, Esq., and WHEREAS the Applicant offered the testimony of Monsignor Kelly, headmaster of Seton Hall Preparatory School who testified about the history of the school and its rental and then ownership of the Subject Property since 1987, the importance of athletics to the school’s core mission and overall education of its students, the Applicant’s current and proposed future use of the Subject Property as an integral part of its operation of its school, the academic building for which is located on a non- contiguous site on Northfield Avenue, less than one mile away from the Subject Property, and specifics about enrollment, athletic programs, and current athletic field arrangements; and WHEREAS the Applicant offered the testimony of Charles J. Stewart, P.E., a licensed professional engineer of the State of New Jersey, who was recognized by the Board as such, who testified at the hearings of 11/6/08, 3/12/09, 4/23/09, 5/14/09, 7/9/09 and 9/1/10 about the plans and revisions submitted to the Board by his office, the tree survey completed by his office, the design and redesign of the location of the ball fields and drainage facilities to address concerns raised by the Board, objectors, and members of the public, and further testified that in his opinion there will be no adverse impact to the public from an engineering prospective if this development is approved

and that the proposed development will not exasperate any current off site drainage conditions; and WHEREAS the Applicant offered the testimony of Robert Heintz, a licensed professional architect of the State of New Jersey, who was recognized by the Board as such, Mr. Heintz testified about the architectural plans for the locker room, training faculty, field house, food concession, storage building, press box, and bathroom facilities, including a revised bathroom layout to accommodate Board concerns about having adequate provision of facilities; and WHEREAS the Applicant offered the testimony of Joseph R. Cairone, a licensed landscape architect in the State of New Jersey, who was recognized by the Board as such, Mr. Cairone testified about the proposed landscape plan, new plantings planned, the variety of species planned, the tree replacement plan, and the concurrence of his office with the Tree Removal Plan prepared by Mr. Stewart’s office and offered by the Applicant; and WHEREAS the Applicant offered the testimony of Joseph Staigar, P.E. a licensed professional traffic engineer in the State of New Jersey, who was recognized by the Board as such, who testified about the ingress and egress to and from the Subject Property both on normal traffic days and on football game days, about the compliance with parking space requirements with the provision of temporary overflow parking for football games, the proposed overflow parking and the likely on street parking, about pedestrian safety and traffic flows on football aay

game days, about the Applicant’s willingness to employ parking personnel and off-duty police officers on football games days to provide parking direction and pedestrian and traffic safety, and about proposed turning restrictions out of the existing parking lot; and WHEREAS the Applicant offered the testimony of Dennis Galway, a tree expert and certified and approved forester pursuant to the Society of American Foresters and the New Jersey Forest Service, who was recognized by the Board as such, Mr. Galway testified about the West Orange Tree Ordinance, his review of the tree removal plan prepared by Mr. Stewart's office, as well as the tree replacement plan prepared by Mr. Cairone’s office, and various reports proffered by the Objector Malanga about an “old growth forest,” he concluded that the methodology used by the Applicant to determine the number of trees was appropriate, that the existing forest is not a healthy one and removal and replanting of some trees will be beneficial to the Subject Property, and that the tree replacement plan is adequate; and WHEREAS the Applicant offered the testimony of Peter G. Steck, a licensed professional planner of the State of New Jersey, who was accepted by the Board as such, Mr. Steck testified about the proposed use of the Subject Property from a planning prospective, highlighting the substantial proposed buffer on the northerly Property line, the open space aspect of the proposal in that building coverage will be less than 1% and impervious coverage will 15.937%, his examination of the West