West Orange Township_Fourth Round HEFSP_Final Draft

(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 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. f. g. 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. Tree Removal and Replacement The removal of trees shall be permitted, and the replacement of trees shall be in accordance with formula below. Any other

eas shall be exempt from parking requirements. Tree Removal and Replacement The removal 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 4 4840-4339-6295, v. 1

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. 3. h. (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 (c) 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 ¼ 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; Adjusted Tree Baseline Loss. (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) If the 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. 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

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. 5 4840-4339-6295, v. 1

3. i. 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. Signage Regulations 1. 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. 2. 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. 3. 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. Section 2. If any provision of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid provision(s) or application(s) and to this end the provisions of this Ordinance are severable. Section 3. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. 6 4840-4339-6295, v. 1

Section 4. This Ordinance shall take effect upon final passage and publication in accordance with law. Karen J. Carnevale, R.M.C. Municipal Clerk Michelle Casalino Council President Robert D. Parisi, Mayor Introduced: August 11, 2020 Adopted: September 8, 2020 7 4840-4339-6295, v. 1

2614-20 LEGISLATIVE HISTORY This Ordinance is presented pursuant to the Affordable Housing Settlement Agreement approved by the Township Council on April 14, 2020. The Superior Court of New Jersey confirmed the Settlement Agreement on July 10, 2020. 8 4840-4339-6295, v. 1

2642-21 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XXV LAND USE REGULATIONS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE TO IMPLEMENT A SETTLEMENT AGREEMENT WITH FAIR SHARE HOUSING CENTER BE IT ORDAINED, by the Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, as follows: Section 1. Chapter XXV Land Use Regulations is hereby amended and supplemented by adding the following sections: 25-22 IH-2 (INCLUSIONARY HOUSING) DISTRICT a. Purpose The purpose of the IH-2 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-2 District shall encompass the entirety of the property identified as Block 155, Lot 40.03. The municipal zone map is hereby amended to reflect same. i Use Regulations 1. Permitted Principal Uses. (a) Retail stores (b) Personal service stores or studios (c) Offices (d) Restaurants and bars (e) Banks () Fitness centers (g) Medical, dental, psychiatric or chiropractic offices (h) Multi-family residential dwellings (i) Mixed-use development including any of the above permitted principal uses 2. Permitted Accessory Uses. (a) Parking (b) Signage (c) Outdoor dining (d) Uses which are customarily incidental to the principal use d. Bulk Regulations

PS be 5. 6. Minimum Lot Area: four acres Minimum Setback to Rooney Circle: 15 feet Minimum Setback to All Other Property Lines: 20 feet Maximum Building Height: 4 stories/50 feet. The building height shall be the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof. Projections for roof equipment shall be permitted provided they are screened with a solid or decorative shield and do not exceed 15 feet in height above the roof deck. Rooftop amenities and 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. Maximum Gross Residential Density; 32 dwelling units/acre Maximum Impervious Coverage: 65% Parking Regulations 1. we Residential portion of a mixed-use development. Off-street parking for residential uses shall be provided in accordance with the requirements of Parking Schedule I in Subsection 25-12.2a.1. Nonresidential uses. Off-street parking for nonresidential uses shall be provided in accordance with the requirements of Parking Schedule II in Subsection 25-12.2b.1. Affordable Housing Requirements 1. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20 percent of the dwelling units in the development for for-sale units, or 15 percent for rental units. Of these, at least half must be reserved for, and affordable to, low-income households, A minimum of 13 percent of the affordable units shall be affordable to households earning 30 percent or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to Section 25-18 Affordable Housing; Low/Moderate Housing Provisions of the Township of West Orange Land Use Regulations Ordinance. The minimum unit sizes for the affordable units shall be as

subject to Section 25-18 Affordable Housing; Low/Moderate Housing Provisions of the Township of West Orange Land Use Regulations Ordinance. The minimum unit sizes for the affordable units shall be as follows, except if the square footage of the market rate units is smaller than the minimum square footage of the affordable units, then the affordable units shall be the same size as the market rate units: (a) One-bedroom 650 square feet (b) Two-bedroom 875 square feet (c) Three-bedroom 1,150 square feet Additional Standards 1 Structured parking shall be designed to blend into the architectural character of the building and to be screened from public view. (a) All parking structures shall be designed using compatible or complementary materials to the principal building(s). All voids in the structures shall be architecturally screened, so that lights and vehicles are not individually visible.