96 20 Agreement WEHI Fair Share Housing Final FE 71220

Firefox tof IN WITNESS WHEREOF, WELL, the Township and the Association have caused this Agreement to be properly executed, witnessed and/or attested this Z3ilaay of RIC , 2020. WEST ESSEX HIGHLANDS, INC. Ai - Witness: A M, L—- »» J Dated: ‘ Mack Wi onl 23,2020 TOWNSHIP OF WEST ORANGE Witness: By. Dated: WEST ESSEX HIGHLANDS CONDOMINIUM ASSOCIATION, INC. Witness: By Dated: about:blank 4/23/20. 10:51 A?

EXHIBIT A (Concept Plan)

PAUL W. ANDERSON alock v7 tor @ TOWISITP OF west ORE S50 COUNTY NEW JERSEY WEST ESSEX HIGHLANDS CONCEPT PLAN 16: 3/03/20 [icc OF Cem S RaRES A)

EXHIBIT B (Zoning Amendment)

Township of West Orange Draft Proposed Zoning Amendments West Essex Highlands Property April 2020 ADD THE FOLLOWING NEW SECTION TO CHAPTER XXV LAND USE REGULATIONS: 25-19 IH-1 (INCLUSIONARY HOUSING) DISTRICT a. Purpose The purpose of the IH-1 District is to provide for inclusionary development that contributes to the region’s fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same. b. Description of Zone Boundary The zone boundary of the IH-1 District shall encompass the entirety of the property identified as Block 179 Lot 32, which shall hereafter be referred to as the "Tract." The zone boundary shall be coincident with the lot lines of Block 179, Lot 32. The municipal zone map is hereby amended to reflect same. c. General Provisions on The development regulations set forth herein shall apply to the Tract as a whole, not to individual lots which may be created within the Tract. The Tract shall be permitted to be subdivided into one or more lots, and one or more buildings or uses shall be permitted on a single lot. The Tract shall be permitted to be constructed in one or more phases consistent with NJ.A.C 5:97-6.4 (d). Any street within the Tract shall be permitted to be public or private. Development of the Tract shall be exempt from all bulk, design, and environmental regulations of the West Orange Land Use Regulations Ordinance, unless otherwise indicated herein, and further provided that nothing herein shall circumvent or contravene the procedural requirements of the Municipal Land Use Law (NJ.S.A. 40:55D-1 et seq.) nor the regulatory requirements of outside agencies including but not limited to New Jersey Department of Environmental Protection and Hudson-Essex- Passaic Soil Conservation District. Use Regulations 1, Permitted Principal Uses. (a) Multifamily residential (b) Open space Permitted Accessory Uses (a) Residential amenities including but not limited to the following, by way of example: clubhouse buildings, swimming pools, fitness centers, lounges, common or private terraces and balconies, courts or open lawn areas for multipurpose use such as lawn games i.e. corn hole, bocce, badminton, croquet, and the like; work space or meeting space for tenants, tenant storage, dog parks and/or dog playgrounds. Rooftop amenities shall be permitted including observation areas

le, bocce, badminton, croquet, and the like; work space or meeting space for tenants, tenant storage, dog parks and/or dog playgrounds. Rooftop amenities shall be permitted including observation areas or

rooms, multipurpose or recreation rooms, vestibules, outdoor terraces, pergolas, shade structures, or the like. (b) Pet-friendly amenities. As part of the amenity package, in addition to dog parks and/or playgrounds above, a development shall be permitted to include an onsite pet service that shall be permitted to offer walking services, pet-sitting services, a pet spa or grooming service, overnight boarding, or related services, which shall be permitted to operate indoors as part of a building and/or as a stand-alone building. (c) Residential accessory uses such as leasing and management offices, maintenance buildings, dwelling units for onsite building superintendents, and model units (a) Parking, which shall be permitted to be structured or surface, and further provided that tandem parking shall be permitted where such spaces are assigned to the same unit (e) Fences and walls () Signs (g) Any use that is customarily incidental to a permitted principal use Bulk Regulations 1, The total number of dwelling units shall be 496, and the total number of units shall be permitted to be lowered without variance at the sole discretion of the developer and/or based on outside agency requirements. Model apartments and onsite housing for the building superintendent and maintenance/management staff shall not be included as part of the unit count. The affordable housing set-aside shall be twenty percent (20%) of the total units actually constructed in the development (excluding model apartments and onsite housing for the building superintendent and maintenance/management staff). There shall be no minimum lot size requirement. The maximum area of disturbance for the entire Tract shall be 80 acres, Trails, deer fencing, and buffer planting shall not be counted as part of the area of disturbance. Unrestricted site access (ingress and egress) shall be permitted from Warner Drive and Kuzik Drive. Emergency access (ingress and egress) shall be permitted to Block 179.17, Lots 8 and 9 to the north and Bayowski Road to the south. The affordable units shall consist of moderate-income, low-income, and very low-income units in accordance with the requirements of the settlement 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 (ce) Three-bedroom 1,150 square feet The maximum

ement 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 (ce) 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.

10. 11. 12. 13. (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. 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. (ce) 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. 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. 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. The

ct 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. 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 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.