West Orange Compiled ZBA Application 5 15 24

Discussion of Submission and Design Waivers 1.01 Submission Waivers Site Plan Checklist of Required Items for “C” and “D” Applications – “Major Site Plan Application” • Item No. 12. One (1) of four (4) standardized sheets: 30”x42”, 24”x36”, 15”x21”, 8.5”x13”. Waiver Requested - A waiver is requested from Site Plan Checklist Item No. 12 as the West Orange Site Plan drawing package prepared by PSE&G’s consultant, Burns & McDonnell, consists of 36”x48” sheets. The larger drawing size allows for the proposed project to be depicted at a scale that provides increased legibility. • Item No. 31. Existing and proposed contour intervals based on U.G.S. and G.S. datum. Contours to extend at least 200’ beyond subject property as follows: up to 3% grade – 1’ 3% + grade – 2’ Waiver Requested - A waiver is requested from Site Plan Checklist Item No. 31. The project proposes the installation of spread foundations, structural steel, and stormwater basin systems within the existing station yard footprint, which is relatively flat and requires minimal grading. Properties on the opposite side of the Station on Mount Pleasant and Prospect Avenues are not included. • Item No. 46. Solid waste management plan. Waiver Requested - A waiver is requested from Site Plan Checklist Item No. 46 as the existing station will continue to be unmanned, with visits by approximately one (1) to two (2) maintenance vehicles biweekly. The proposed expansion will not generate solid waste. • Item No. 49. Vehicular and pedestrian circulation patterns (less detail necessary for pre-application concept plan and GSP stages). Waiver Requested - A waiver is requested from Site Plan Checklist Item No. 49 as the proposed expansion is not anticipated to cause changes to existing vehicular and pedestrian circulation patterns. • Item No. 50. Parking plan showing spaces, size and type, aisle width, curb cuts, drives, driveways, and all ingress and egress areas and dimensions. Waiver Requested - A waiver is requested from Site Plan Checklist Item No. 50 as the existing station will continue to be unmanned, with visits by approximately one (1) to two (2) maintenance vehicles biweekly, is not publicly accessible, and does not require designated parking. “D Variance Requirements – § 25-51.10 No "d" or use variance application shall be considered complete unless it fully conforms with subsection 25-51.2 as

ble, and does not require designated parking. “D Variance Requirements – § 25-51.10 No "d" or use variance application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements: a. A map, either in conformance with subsection 25-51.3, 25-51.4, 25-51.5, 25-51.6 (above) or 25-51.7.1 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e. setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based.

b. 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 N.J. Statutes. c. 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 its discretion. Planning Report - Compliant / Enclosed. A Requirements for Variances and Reasons for Relief Statement (Planner’s Report) has been provided in Attachment J as outlined in Section G of the Township of West Orange Application Package to the Zoning Board of Adjustment Traffic Report – Not Applicable / Not Provided - The Station is not open to the general public and is not used for residential purposes. Access to and from the Station is and will remain for operation and maintenance purposes. Following the site improvements associated with this application, there will be no increase in traffic at the site from that which presently exists. Hence, there will be no adverse effect on off-site traffic or circulation. 1.02 Design Standards and Supplemental Provisions The following Design Standards for All Districts are discussed under § 25-8 through § 25-29, as follows: Setbacks of Accessory Uses - § 25-8.1 In any district no accessory structure, building, storage area, off-street parking area or truck loading space shall be permitted within five (5) feet of a property line. The following (applicable) additional restrictions shall apply to certain structures and uses: a. No accessory uses shall be located within any minimum required front yard or side yard. Not Applicable - The Site Plan application does not propose to modify any accessory uses. The addition of the 26kV switchgear and feeder reactors are principal in nature as they are essential to the overall function of the electric utility station. c. Parking areas, in an OB-2 or O-R district shall be not less than seventy-five (75) feet from the property line, except where such property line is the district boundary line which abuts a residential district, in which case the required distance shall be not less than one hundred (100) feet from such property line. Not Applicable - The Site Plan application does not propose to

abuts a residential district, in which case the required distance shall be not less than one hundred (100) feet from such property line. Not Applicable - The Site Plan application does not propose to modify any existing drive aisles or parking areas. In addition, the station will continue to be unmanned with minimal vehicle volume biweekly for maintenance purposes. e. No accessory building shall be located within fifteen (15) feet of any principal building, except as otherwise provided in this chapter. Not Applicable - The Site Plan application does not propose to install or modify any buildings. All structures are principal in nature as they are essential to the overall function of the electrical utility station.

Yard Encroachments - § 25-8.2 In all districts, the space in a required front, side, side front yard or rear yard shall be open and unobstructed. Variance Requested – A minimum front yard and side front yard setback of corner lots of one hundred feet (100’) is required. The proposed electrical upgrades to the station include the addition of a 26kV switchgear and feeder reactors in the southwest corner of the existing station yard footprint. The existing front yard setback along Mount Pleasant Avenue is 285.9 feet; the proposed setback is 77.9 feet to the new switchgear enclosure. PSE&G is requesting a variance for the setback. Walls and Fences - § 25-8.4 Walls and fences are regulated by Ordinance criteria specified under ‘a’ through ‘h,’ as follows: 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 property 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 (5) 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. f. 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 subsection 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: Variance Requested – The project is proposing to replace the existing 6’ brick and mortar pillar and wrought iron perimeter station fence with a modern eight-foot (8’) decorative Ameristar fence. As the proposed height exceeds the permitted height, PSE&G is requesting a variance for the

ar pillar and wrought iron perimeter station fence with a modern eight-foot (8’) decorative Ameristar fence. As the proposed height exceeds the permitted height, PSE&G is requesting a variance for the fence. Supplemental Provisions for Nonresidential Districts and Uses - § 25-11 In addition to the provisions of the Table of District Regulations, every use in a nonresidential district shall be further subjected to all of the following (applicable) regulations.

Side Yard - § 25-11.2 Side yards of nonresidential buildings on lots which are contiguous to the boundary of any residential district shall have a minimum required width of seventy-five (75) feet. Not Applicable – PSE&G’s station yard contains nonresidential buildings. However, the station yard is only contiguous to the (R-2) Single Family Residential Zone (opposite Mount Pleasant Avenue) and the property is currently being used as a golf course. Buffer Strips in All Nonresidential Districts of Ten Acres or Greater - § 25-11.3 a. In addition to the setback requirements listed in subsection 25-7.1 of the Table of District Regulations, along any side or rear property line which is also the boundary line between a nonresidential district and a residential district or is contiguous to a residential use in a residential zone, a buffer strip shall be planted and maintained in perpetuity with trees and shrubbery of such sizes and densities as to adequately screen the buildings from such abutting residential district or use in a residential zone. The required buffer width shall be fifty (50) feet in all nonresidential zones. Not Applicable – PSE&G’s property is “ladle”-shaped whereas the overhead transmission right-of-way traverses several residential uses including the (PURD) Planned Unit Residential Development along the northern portion of the right-of-way, as well as the (R-5) Single Family Residential. Over the past several applications, this ordinance Section had already been in place. The Site Plan application does not propose to modify any structures within the existing transmission right-of-way. e. A landscaping plan shall be submitted and approved by the Township Planner and the approved plan shall be kept on file in the Department of Planning and Development. Compliant/Enclosed – Tree removal is required for the installation of the stormwater basin systems. A Landscape Plan is provided depicting the proposed landscaping improvements. Waste Disposal in (P-C), (O-R) or (I) District - § 25-11.4 In a P-C, I or O-R District, every building or group of buildings shall make adequate provisions for the proper disposal of wastes within a screened enclosure. Such provision should be reflected in the preliminary site plan. Not Applicable – No waste is being generated from the electric utility yard. Parking and Loading Space Requirements - § 25-12 Not Applicable –

vision should be reflected in the preliminary site plan. Not Applicable – No waste is being generated from the electric utility yard. Parking and Loading Space Requirements - § 25-12 Not Applicable – All requirements discussed under § 25-12.1 through § 25-12.4 are not applicable to the site as the station is unmanned and subject to infrequent visits for maintenance purposes. The existing drive aisles are utilized for parking.

Environmental Impact Analysis - § 25-13 Not Applicable – The station upgrades are proposed within the existing station yard footprint, and no further impacts to noise, traffic, or pollution are proposed for this site. Tree removal is required to accommodate the installation of the required stormwater management systems; however, a Landscape Plan depicting the proposed landscaping improvements to be installed upon completion of construction is provided. Lighting - § 25-14 Compliant – In accordance with § 25-14.1, a lighting plan has been provided which includes the fixture spacing, type, mounting height, wattage and photometric pattern. Fifty five (55) additional fixtures are proposed under this project scope. Signs - § 25-15 Not Applicable – The proposed project will not result in a significant adverse impact on traffic flow. Other than signs posted within the station yard for site safety or to be replaced on the security fence and drive gates identifying the station and warning of the electrical hazard and no trespassing, no signs exist or are proposed. Tree Protection - § 25-27 Compliant/Enclosed – Tree removal is proposed as part of this application to accommodate the required stormwater management system. A tree removal permit and a Tree Removal Plan are enclosed as part of this submission. A Landscape Plan is provided depicting the details of the proposed landscaping improvements upon completion of construction. Steep Slope and Natural Features Ordinance - § 25-28 Not Applicable – No proposed impacts to steep slopes. Stormwater Control - § 25-29 c. Applicability. This section shall be applicable to any site plan or subdivision that requires preliminary or final site plan review. Compliant/Enclosed – A stormwater management report documenting compliance with N.J.A.C. 7:8 has been enclosed with this submittal.

ATTACHMENT C LIST OF PROPERTY OWNERS WITHIN 200 FEET AND UTILITIES