West Orange Township_Fourth Round HEFSP_Final Draft

The bulk regulations for any principal or conditional use permitted in the underlying zone district shall be the applicable bulk regulations for the underlying zone district. ‘The bulk regulations for multifamily residential development shall be as follows: (a) Minimum Lot Area: five acres (b) Minimum Building Setback from Any Property Line: 50 feet, plus one additional foot for each foot of building height above 50 feet (c) Maximum Building Coverage: 35% (d) Maximum Impervious Coverage: 75% (e) Maximum Building Height: 5 % stories/65 feet (f) Maximum Gross Residential Density: 24 dwelling units/acre, rounded up to a maximum of 142 dwelling units with (a) 28 on-site affordable housing units and a payment in lieu of $59,473.20 or (b) 29 on-site affordable housing units. Building Height and Stories ‘The standards set forth below shall supersede any regulation to the contrary in the West Orange Land Use Regulations Ordinance: (a) 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. (b) Rooftop amenities and rooftop features shall not be considered a story or fractional portion thereof. (c) 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. e. Other Regulations i Tree removal on slopes of 15% or greater shall only be permitted to allow for pedestrian access. A maximum of two development identification signs shall be permitted as follows: At development entrance, with maximum area of 75 square feet (per side) At parking lot, with maximum area of 55 square feet (one side only) f. Parking Regulations. Off-street parking for residential uses shall be provided in accordance with the requirements of Parking Schedule I in Subsection 25-12.2a.1. g. Affordable Housing Requirements a 4844-7802-2092, v. 2 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. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13 percent of the

e housing set-aside shall be 20 percent of the dwelling units in the development. 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 25

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 Section 3. 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 4. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 5. This Ordinance shall take effect upon final passage and publication in accordance with law. mi¢hélte Casalino Council President Introduced: October 6, 2020 Adopted: October 20, 2020 4844-7802-2092, v. 2 26

LEGISLATIVE HISTORY This Ordinance is presented pursuant to the Affordable Housing Settlement Agreement with Fair Share Housing Center approved by the Township Council on April 14, 2020. The Superior Court of New Jersey confirmed the Settlement Agreement on July 10, 2020. 27 4844-7802-2092, v. 2

APPENDIX I 25 Tompkins Street Site Documentation

Resolution Township of West Orange Planning Board In the Matter of Tompkins Street Apartments Urban Renewal, LLC Tompkins Street; Block 6, Lot: 36.01; R-M Zone Application #PB-21-04 Decided on May 5, 2021 Memorialized on June 2, 2021 Preliminary and Final Major Site Plan and Variance Approval WHEREAS, Tompkins Street Apartments Urban Renewal, LLC (hereinafter the "Applicant") has made an application for preliminary and final major site plan approval with variances to construct a 17- unit multifamily residential building on a vacant lot owned by the Township of West Orange (the “Township"); and ‘WHEREAS, a public hearing was conducted on May 5, 2021; and WHEREAS, the Applicant was represented by William C. Sullivan, Jr., Esq.; and WHEREAS, the Applicant provided testimony by Mary Johannesen, a professional architect whose credentials were accepted by the Board, David Eareckson, a professional engineer whose credentials were accepted by the Board, Joseph Alpert, the proposed developer and Charles Heydt, a professional planner whose credentials were accepted by the Board; and WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package: Item Signed By Date/Revision Boundary and Topographic Frank J. Barlowski, P.L.S. 9/14/20 Survey Site Plan (10 sheets) Sean M. Savage, P.E. 3/12/21 Architectural Plans (2 sheets) Stephen L. Schoch, A.LA. 3/10/21 Architectural Renderings (1 Unsigned-Kitchen & 12/16/20 sheet) Associates Justification of Variances Unsigned- Dresdner Robin 4/27/21 report ‘WHEREAS, representatives of the public had an opportunity to ask questions of the witnesses and had an opportunity to offer statements in regard to the application; and WHEREAS, the Board reviewed and considered the application, testimony and documents submitted therewith; and WHEREAS, the Board also considered the input of its professionals at the hearing and in written reports; and

WHEREAS, the Board also considered the input of the Site Plan Advisory Review Board which held a virtual meeting with the Applicant and his professionals on April 20, 2021. NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearing, at which a record was made, Zz; The Applicant is requesting approvals to construct a 17-unit multifamily residential building on a vacant lot previously owned by the Township. The proposed development will consist solely of low- and moderate-income units, which will address the affordable housing obligation for a recently approved multifamily development at 18 Central Avenue. The subject property is in the R-M zone district. The proposal is consistent with the permitted uses and most bulk and design regulations but requires variances from certain requirements. 2. The application requires preliminary and final major site plan approval and variance approval. 3: The application requires the following variances: Bulk Standard Required Proposed 25-7.1 Max. building 2.5 stories/35 feet 3 stories/38 feet height 25-7.1 Min. rear yard 30 ft. 13.9 ft. 25-7.1 Max. building 40% 45.3% coverage 25-7.1 Max. lot coverage 55% 57.9% 25-12.2a.1 Min. parking 5. 0 spaces 4. The subject property consists of one tax lot with an area of 14,787.39 square feet (0.34 acres). It is located on the west side of Tompkins Street. The site is currently vacant and is owned by the Township. =7 There are a mix of land uses in the surrounding area. These include single-, two- and multifamily residential uses along Tompkins and Mitchell Streets, vacant lots and commercial uses. The somewhat recently constructed Harvard Printing multifamily residential development is located approximately 250 feet to the north on Mitchell Street and the Planning Board recently approved a mixed- use development just to the west of Harvard Printing at 18 Central Avenue. The developer of the Harvard Printing and the 18 Central projects is a related entity to the applicant for the subject property. 6. New Jersey Transit’s Highland Avenue railroad station is three blocks to the east along Mitchell Street. Bus stops are located on Scotland Road and Central Avenue approximately five blocks to the northeast. Central Avenue is an Essex County road (Route 508). There are sidewalks on both sides of Tompkins Street.

ra The Applicant is proposing to construct a three-story multifamily residential building with 17 dwelling units. The ground floor is proposed to include five dwelling units and a management office. Six units per floor are proposed on the second and third stories of the building. The breakdown of unit types is three one-bedroom units, 10 two-bedroom units and four three-bedroom units. The bedroom distribution is dictated by New Jersey's Uniform Housing Affordability Controls (UHAC), which set a minimum of 20 percent three-bedroom units and a maximum of 20 percent one-bedroom units. 8. Access to the units in the front third of the building, as well as the management office, will be provided by a front entrance. The remaining units will be accessed by an entrance on the north side of the building. An additional door is proposed on the south side of the building, which will provide access to a fenced-in area including a trash area. Exterior doors accessing the electrical and water meter rooms are proposed in this area as well. A freestanding mailbox for tenants is proposed in the front yard area. Two existing driveway aprons along the street will be replaced by Belgian block curbing. 9. The building’s design is more in keeping with the low-rise residential character of the surrounding properties than the design of the developments on Central Avenue constructed or proposed by related entities of the applicant. Brick will be provided on the base of the facade as well as up to the top of the second floor in some other locations on the building. Horizontal siding and cedar shake siding will clad the rest of the building below the roof line. The building will have double hung windows and a pitched roof. 10. No on-site parking spaces are proposed. Instead, one space per unit in this building is reserved in the parking lot of the recently approved multifamily development at 18 Central Avenue. 11. The application materials list the correct block and lot number but have the incorrect street address (20 Tompkins Street is an existing dwelling on the east side of the street). The applicant will revise the application materials to remove the incorrect information. A street number will need to be provided for the subject property. 2; The quality of the units will be very comparable to the Harvard Printing development and the recently approved 18 Central Avenue project.

number will need to be provided for the subject property. 2; The quality of the units will be very comparable to the Harvard Printing development and the recently approved 18 Central Avenue project. The building will be fully sprinklered. 13. The first-floor entrances will be ADA accessible and one ADA accessible unit will be provided. 14. The applicant stated that trash will be picked up by the publicly contracted hauler but a private hauler will be contracted to provide additional service if necessary, similar to the arrangement for the Harvard Printing site and as approved by the Board for the new Central Avenue project. 7 in The public was afforded an opportunity to ask questions of witnesses and offer testimony on the application. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law.

This application requires the following bulk “c” variances, as well as preliminary and final major site plan approval: Bulk Standard Required Proposed 25-7.1 Max. building 2.5 stories/35 feet 3 stories/38 feet height 25-7.1 Min. rear yard 30 ft. 13.9 ft. 25-7.1 Max. building 40% 45.3% coverage 25-7.1 Max. lot coverage 55% 57.9% 25-12.2a.1 Min. parking 35 0 = spaces 7 — The Municipal Land Use Law, at N.J.S.A. 40:55D-70(c) provides Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs which are enunciated in the statute. Under the (c)(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of property, the purposes of the Act would be advanced by allowing a deviation from the Zoning Ordinance requirements and that the benefits of any deviation will substantially outweigh any detriment. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section (c)(2). Also, an applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met. The proposed project is developing a vacant parcel with 17 affordable units within walking distance to the Highland Avenue New Jersey Transit Rail Station. The proposed affordable housing will contribute to the diversity of housing options available for the community. The project proposes a building height of 38 feet and 3 stories where the R-M District permits a maximum building height of 35 feet and 2.5 stories. The subject property is to be developed with comfortably sized units with approximately 650 net square feet for 1- bedrooms, 870 net square feet for 2-bedrooms and 1,148 net square feet for 3-bedroom units. These units sizes are consistent with New Jersey’s Uniform Housing Affordability Controls (UHAC). The additional height is necessary for a full third story for the structure to accommodate 17 residential units. The proposed building height is in character with developments in the surrounding area. This includes the adjacent property at 9-21