O28A Litowrnia NJAC powerpoint 82225

N.J.A.C. Tit 5, Ch 21 - RSIS Residential Site Improvement Standards Subchapter 1 – General Guidelines Subchapter 2 – Application and Review Subchapter 3 – Exceptions, Waivers etc. Subchapter 4 - Streets and Parking Litwornia Associates has studied Streets and Parking For West Essex Highlands – Residential Application To the West Orange Planning Board 1

N.J.A.C. Tit 5, Ch 21 - RSIS • RSIS 5:21-1.5 Scope and Applicability (a) These rules shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval, or variance before any Planning Board or Zoning Board of Adjustment created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.); or in connection with any other residential development approval required or issued by any municipality or agency or instrumentality thereof. (b) Except as is otherwise specifically provided, these rules shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any site improvements constructed by a developer in connection with residential development. Except as otherwise required by rules or other permit requirements of the Department of Environmental Protection regarding stormwater management, the rules are to be interpreted as the minimum required to ensure public health and safety, and the maximum that may be required in connection with residential development. 2

N.J.A.C. Tit 5, Ch 21 - RSIS • RSIS 5:21-1.5 Scope and Applicability (c) These rules shall apply to all site improvement work and appurtenant construction including streets, roads, parking facilities, sidewalks, drainage structures, grading, and utilities which are undertaken by a developer in connection with residential development or use. 3

5:21-1.7 Administration and Enforcement • (a) Wherever a municipality has enacted an ordinance which requires subdivision and/or site plan approval pursuant to N.J.S.A. 40:55D-37, then the planning board of such municipality shall ensure that the plans and plats for any residential development subject to review under such ordinance comply with the requirements of these rules (RSIS) before issuing a preliminary or final approval. 4

West Essex Highlands – Application in West Orange Township, Essex County, NJ • 496 Apartments • 1 Clubhouse • Access road Warner – OVAL • Branch roads Kuzik and Road D to Building D • Building A, B, and C on Kuzik • No approved emergency access • Attached Roads are currently Private! Not on West Orange Master Plan, shown private on Tax Maps 5

Site Plan Bldg A 122 units – 671 ADT Bldg B 69 units – 380 ADT Bldg C 139 units – 764 ADT Bldg D 166 units – 913 ADT Total 496 units – 2377 ADT Clubhouse 6

N.J.A.C. Tit 5, Ch 21 - RSIS • RSIS defines allowable units • RSIS limits daily trips “ADT” depending on road designation • Road designation determines ADT • Type of residence determines ADT per unit per RSIS • RSIS is the law in NJ and supersedes any township land development ordinances or county authority. 7

RSIS Table 4.1 • AVERAGE DAILY MOTOR VEHICLE TRAFFIC TRIP GENERATION (ADT) • • • • PER DWELLING UNIT1 Single-family detached housing Townhouse Low-rise apartment LAND USE2 PEAK RATE 10.1 5.9 7.2 • Mid-rise apartment • High-rise apartment 5.5 5.0 • Senior Adult Housing – Detached • Senior Adult Housing – Attached 3.7 3.5 • NOTES: 1The trip generation rates listed are guidelines only. The actual use of trip generation rates is derived by the use of regression analysis and should be computed only by professionals proficient in the use of the ITE Trip Generation manual. The “Land Use” definitions are based on the ITE manual, with slight modifications to address inconsistencies contained within the ITE manual. • SOURCE: Institute of Transportation Engineers, Trip Generation (Washington, D.C.: ITE, 2003), 7th Edition. The peak ADT rates take into consideration Saturday and Sunday rates, as well as weekday rates. 8

West Essex Highlands – Application in West Orange Township, Essex County, NJ • RSIS limits number of units by traffic ADT limits • MultiUnit housing on Cul-de-sac limit is based on trips per unit 5.5 and ADT allowed - 1000 ADT • 1000 ADT divided by 5.5=188 units allowed. 496 units–182 = 314 units. • Application exceeds the rules by 314 units. • Existing development on Oval Road exceeds rules by 300 – 182 = 118 apartment units and 72 single family houses. (314+112+72 = 498 units) • Combined: 498 housing units exceed the law (rules) • The Planning Board does not have the authority to overrule the NJAC rules - application should be rejected. 9

N.J.A.C. Tit 5, Ch 21 - RSIS • RSIS defines road design • Sidewalks with ADA provisions required on both sides of street • Road slopes/sidewalks limited to ADA slope limit < 5% • Sight distances at intersections 10