PB 24 01 West Essex Highlands Inc Application and Relevant Documents

lement agreement. The minimum unit sizes for the affordable units shall be as follows: (a) One-bedroom 650 square feet (b) Two-bedroom 875 square feet (c) Three-bedroom 1,150 square feet The maximum building height shall be 75 feet, and further subject to the standards set forth below, which shall supersede any regulation to the contrary in the West Orange Land Use Regulations Ordinance: (a) The building height shall be a vertical dimension measured in a straight line from first story finished floor elevation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof.

(b) The first story shall mean the lowest story that has its finished floor entirely above grade. Cellars and basements shall not be considered a first story. (c) The building height shall not be measured based on the grading around the building. 9. The maximum number of stories per building shall be 4 stories, and further subject to the standards set forth below which shall supersede any regulation to the contrary in the West Orange Land Use Regulations: (a) Story shall mean the space of a building between the surface of a floor and any floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it, and as further refined below. (b) Any level with a finished floor entirely below grade or partially below grade shall not be considered a story, such as cellars and basements, including walk-out basements and “garage-under” levels, (c) Any level that contains 10 or more parking spaces shall not be considered a story. (d) Mezzanines shall not be considered a story, provided the floor area of the mezzanine is no greater than 33 percent of the floor area below it. (e) Lofts serving individual dwelling units as permitted by building code shall not be considered a story. (f) Rooftop amenities and rooftop features shall not be considered a story or fractional portion thereof. (g) Architectural roof design features such as attics, mansards, parapets, cupolas, and other similar architectural design features and/or appurtenances shall not be considered a story or fractional portion thereof. 10. The grading around buildings shall be subject to the following: (a) The maximum exposure of perimeter walls for basements, cellars, or building foundations shall not exceed 50% of the total surface area of such walls, which shall be based on the aggregate area of all perimeter walls, not each wall individually. (b) Walkout basements and “garage under designs shall be permitted and shall be permitted to have one or more perimeter walls entirely exposed, and further provided that the 50% exposure threshold set forth above for all perimeter walls shall still apply. 11. The minimum buffer width around the entire Tract boundary shall be 100 feet. The buffer shall remain undisturbed except for roads and accessways, utilities and stormwater management improvements, signs, fences, walls, and associated grading. 12. The east

ry shall be 100 feet. The buffer shall remain undisturbed except for roads and accessways, utilities and stormwater management improvements, signs, fences, walls, and associated grading. 12. The east face of the Watchung Mountain shall remain undisturbed from the peak of the ridgeline, except that utility construction shall be permitted east of the ridgeline 13. Any deviation from the above requirements shall be considered a “c” variance. Parking Regulations 1 Principal uses, The quantity and dimensions of off-street parking spaces shall be in accordance with the Residential Site Improvement Standards (RSIS). Any deviation shall be considered a de minimis exception from RSIS, not a variance. Tandem parking arrangements shall be permitted in accordance with the use regulations of this Chapter as set forth above. Automated or mechanical parking shall be permitted to meet the RSIS parking count requirement, and shall be exempt from RSIS parking stall size requirements, subject to review and approval of manufacturer's specifications.

2. Accessory uses. Accessory uses such as clubhouses or recreation areas shall be exempt from parking requirements. g. Tree Removal and Replacement The remoyal of trees shall be permitted, and the replacement of trees shall be in accordance with formula below. Any other regulation pertaining to tree removal and replacement in the Township of West Orange Code shall not apply to the Tract, and shall be superseded by the regulations set forth below, except where otherwise indicated herein. 1, Tree Baseline. The existing tree count on the Tract shall be established at 212 trees per acre. 2. Tree Baseline Loss. (a) Tree Baseline Loss shall be established by multiplying the proposed number of acres disturbed by the existing 212 trees per acre on the Tract; by way of example, a proposed disturbance area of 25 acres shall calculated to a Tree Baseline Loss of 5,300 trees, which figure would increase or decrease based upon the final acreage disturbed). (b) Tree Baseline Loss shall be reduced for each healthy major tree (greater than 6 inches) within the proposed area of disturbance that is not removed in connection with a proposed development (©) Tree Baseline Loss shall be reduced for each non-invasive major tree or minor tree (as defined in the Township of West Orange Code) proposed as part of a landscape plan. The tree replacement calculation shall apply one credit for each such tree which is a native species and % credit for each such tree which is not a native species. (d) The Tree Baseline Loss shall be reduced by 212 trees for each acre of forest outside the area of disturbance enclosed by a controlled, gated access deer fence that is eight (8) feet in height, the purpose of which is to regenerate the growth of the native forest, and which deer fencing shall be maintained in perpetuity; 3. | Adjusted Tree Baseline Loss. 7 (a) Adjusted Tree Baseline Loss shall be calculated as the Tree Baseline Loss after crediting. (b) If the Adjusted Tree Baseline Loss calculates to zero (0), or less than zero, the developer shall have no further obligation regarding tree removal or replacement in connection with a proposed development. (c) Ifthe Adjusted Tree Baseline Loss calculates to a number greater than zero, then the development shall satisfy the requirements of the West Orange Tree Ordinance only with respect to the Adjusted Tree Baseline Loss. h.

Baseline Loss calculates to a number greater than zero, then the development shall satisfy the requirements of the West Orange Tree Ordinance only with respect to the Adjusted Tree Baseline Loss. h. Landscape Regulations 1. | Street Trees. Street trees shall be provided in accordance with the West Orange Land Development Code. 2, Additional Trees. The developer shall plant new trees and landscaping along or near the southern border of the Tract for the purpose of supplementing the buffering of the nearest residential units to the south. 8. Any deviation from the regulations of this section shall be considered design exceptions, not variances, subject to the statutory criteria of N.J.S.A. 40:55D- 51 for relief. i, Signage Regulations

Development Entrance Sign. One freestanding sign shall be permitted at the entrance to the development. The sign dimensions shall have a maximum width of 10 feet and a maximum height of 8 feet. The sign may be incorporated as part of a decorative element such as a wall or fence feature, and further provided that the decorative element shall not be included in the calculation of the sign area. The top of the sign, including any decorative element framing it, shall not exceed 10 feet above grade. Identification Signage. Freestanding identification signs shall be permitted to demarcate individual buildings or sections within the development, not to exceed one such sign per building or section. The sign dimensions shall have a maximum width of 8 feet and a maximum height of 6 height, and the top of any such sign shall not exceed 8 feet above grade. This shall apply to accessory recreation or amenity uses as well, such as a clubhouse or pet service, which shall be permitted to have identification signage in accordance with the above. Building Signage. One building sign shall be permitted at each building lobby and/or building entrance. The sign dimensions for each building sign shall have a maximum width of 8 feet and a maximum height of 6 feet.

EXHIBIT C (Design Terms and Conditions)

EXHIBIT C DESIGN TERMS AND CONDITIONS WEHI shall implement the following design standards in constructing the Proposed Development: 1, General a. Reduce construction waste generation through separation of construction debris on site into separate containers for disposal or recycling. At a minimum, the following items will be separated for recycling: i. Corrugated Cardboard ii, Clean, untreated wood iii, Scrap Metals iv, Trees removed within the Limit of Disturbance (“LOD”). vy. Soils if removed from site. b. Recycling: Design to accommodate recycling for tenants and to allow for the separation of solid waste from recyclable materials in accordance with the . Township’s recycling ordinance. Implement a continuous education program for recycling with new tenants, existing tenants, and guests. i. Program to include: 1. Posting of signage outlining the requirements of solid waste _ disposal. 2. Posting of signage outlining the requirements of the West Orange Recycling Ordinance and program. a, Signage subject to approval of the Township prior to installation. c. Cigarette Smoking Policy: Prohibition of smoking within 25 feet of all entries and prohibition of smoking within residential occupancies and all common areas. 2. Site & Landscaping: a. Implement a Tree Preservation and Replacement Plan in accordance with the following parameters: i. The tree density equals 212 trees per acre, as per the Tree Study. ii. The maximum LOD shall not exceed thirty (30) acres, as per the Zoning Amendment (“Maximum LOD”). No LOD beyond the Maximum LOD shall be permitted under any circumstances. iii. Ifthe Maximum LOD is achieved, the maximum tree loss will be 6,360 trees (212 trees multiplied by 30 acres) (“Maximum Permitted Tree Loss”). iv. If less than the Maximum LOD is achieved (“Actual LOD”), then the actual tree loss (“Actual Tree Loss”) will be calculated by multiplying 212 trees by the Actual LOD (for example, if only 25.5 acres are disturbed, then the Actual Tree Loss will be 5,406 trees). v. WEHI will engage in tree planting and forest regeneration in accordance with the following activities, which are designed to provide credits against the Actual Tree Loss resulting in a net gain of trees planted and forest area

protected for regeneration so that the Actual Tree Loss is reduced to less than zero: 1. Credit for each healthy major tree (Greater than 6” diameter) within the LOD that is protected in accordance with standard tree protection procedures during development and not removed as determined by the Township Forester. Credit for each tree planted as the result of an approved landscape plan in accordance with the definition of Major (Greater than 6” Diameter Breast Height) and Minor (Less than 6” Diameter Breast Height) trees, Require that trees be native species for full credit. Prohibit invasive species as defined by the New Jersey Department of Environmental Protection, or another approved source. Provide ‘4 credit for each tree planted that is a non-native species and is non-invasive. WEHI shall install thirty (30) acres of gated access deer fencing that is eight (8) feet in height in areas of the Subject Property outside of the LOD. Fenced area will be prioritized for location between the LOD and the West Essex Highlands Condominium Association (the “Association”) to maximize regrowth and to maximize native understory growth to intercept runoff. WEHI shall receive a credit against the Actual Tree Loss in an amount of 212 trees for each acre of deer fencing installed. If WEHI fulfills its obligation and installs the thirty (30) acres of deer fencing contemplated herein, then WEHI shall receive a credit against the Actual Tree Loss in the amount of 6,360 trees. a, Deer fencing will be maintained in perpetuity. It is the parties’ intent that the installation of thirty (30) acres of deer fencing alone will reduce the Actual Tree Loss to zero or less than zero. However, should the above items, including the deer fencing, fail to reduce the Actual Tree Loss to zero or less than zero, tree planting can be offered for other locations within the Township with priority to locations within the Association where trees are needed as designated by the Township Forester. If WEHI complies with the procedure set forth in this Site & Landscaping section, then WEHI shall have no further obligation regarding the removal or replacement of trees in connection with the construction of the Proposed Development, including but not limited to any replacement of trees or payment of fees which may otherwise be required by the Township’s Tree Protection and Removal Ordinance (Ordinance

of the Proposed Development, including but not limited to any replacement of trees or payment of fees which may otherwise be required by the Township’s Tree Protection and Removal Ordinance (Ordinance § 25-7) (the “Tree Ordinance”). The procedure set forth herein, if followed, shall serve as a substitute for the Tree Ordinance with respect to the Subject Property. Nothing herein shall supplement: (1) the need for a landscape plan in connection with the Proposed Development to be considered and approved by the Planning Board in accordance with MLUL;