West Orange Compiled ZBA Application 5 15 24

Fencing In accordance with Ordinance Section 25-8.4, d., fences or walls to be used for screening within all nonresidential districts are permitted up to six feet (6’), whereas the proposed perimeter fencing is eight feet (8’). The proposed 8’ fence height is warranted by the need to maintain site safety and security. Although the National Electric Code requires a minimum of seven feet (7’) for safety, PSE&G has developed a company-wide safety standard of eight feet (8’) feet for protection of its transmission and distribution facilities. The existing fence no longer meets modern PSE&G security standards. There is precedence for constructing an 8’ fence. In 2007, the Zoning Board of Adjustment permitted such a fence around equipment (refer to previous Zoning Board of Adjustment resolutions in Attachment F). The existing fence of wrought iron and decorative pillars has proven impossible to fully repair, despite numerous efforts over the years. Decorative metal fencing is proposed to replace the existing fence. A variance is therefore needed for increased perimeter fence height. Construction Trailers PSE&G anticipates the need for up to six (6) trailers, or five (5) trailers and one (1) guard shack by the Prospect Avenue entrance. The Township’s Ordinance Section 25-8.10 stipulates the removal of trailers at the cessation of active construction for a period of thirty (30) days. PSE&G will require temporary use of construction trailers for the duration of the proposed upgrades. There will be periods of time in between active construction, due to the nature of the work involved and the need for scheduled outages, that may exceed 30 days. If deemed necessary by the Board, PSE&G requests a waiver of strict compliance with this Ordinance requirement. The existing Station yard, with its electrical equipment, is a necessary component of PSE&G's transmission and distribution systems. The yard cannot be easily relocated. The purpose of the upgrade to the 26kV yard is to reinforce and maintain service reliability. Safe and reliable electric energy is essential to our modern way of living. Customers expect PSE&G to upgrade and repair utility systems and equipment as needed to improve the electrical grid. The requested deviations to the Township’s Land Use Regulations will allow the site improvements that advance several purposes of the MLUL, including: • • • Promotion

to improve the electrical grid. The requested deviations to the Township’s Land Use Regulations will allow the site improvements that advance several purposes of the MLUL, including: • • • Promotion of public health, safety, the general welfare of the community and be a benefit the public, [N.J. Statue 40:55D-2(a)]; Offering a reduction in potential outages, which obviously advances safety from and during natural disasters. [N.J. Statue 40:55D-2(b)]; Promoting “energy resources” in the State [N.J. Statue 40:55D-2j]. The purposes advanced in the MLUL also promote the purposes of the West Orange Zoning Ordinance (Section 25-2.1), specifically: • • • Helping to guide and regulated the orderly growth, development, and redevelopment of the Township in accordance with a comprehensive plan and with long-term objectives, interests and welfare of the people Promoting, in the public interest, the utilization of land for its most appropriate purpose Encouraging coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land. It is efficient and practical to use land already devoted to public utility use to the maximum extent practical. Improvements will not adversely affect the health, safety or welfare of existing residents, the surrounding area or alter the character of the neighborhood. Any detriment or negative impacts are heavily outweighed by the positives to safe and reliable electricity, thereby warranting the granting of ______________________________________________________________________ 3