Draft_October 2025_West Orange_HEFSP_with Appendices

RESOLUTION Township of West Orange Planning Board PB 22-07 West Orange Senior Housing LLC/46 Mount Pleasant Avenue Block: 68 Lot: 1 and Block 67 Lot 1; Zone: R-G Decided on August 3, 2022 Memorialized on September 7, 2022 Senior Housing Project Review WHEREAS, West Orange Senior Housing, LLC (“Applicant”) has made a referral to the Planning Board for a courtesy review of a senior housing project pursuant to N..S.A. 40:55D-31(a) and N.J.A.C. 6A:26-3.2(c) in order to subdivide Township-owned properties to effectuate a development previously approved by the Planning Board on the site of the current West Orange Public Library at property located at 46 Mount Pleasant Avenue, also known as Block: 68; Lot 1 and Block 67 Lot 1, in the R-T Zone; and WHEREAS, a public hearing was conducted on August 3, 2022; and WHEREAS, the Applicant was represented by William C. Sullivan, Jr., Esq. and Patrick McNamara, Esq. of the firm Scarinci & Hollenbeck, LLC; and WHEREAS, the Applicant provided testimony by Greg Domalewski, P.E., of MidAtlantic Engineering, a licensed professional surveyor; and WHEREAS, the Applicant submitted the following documents to the Board in the form of the submission package: ITEM SIGNED BY DATE/REVISION Resolution 124-22 Karen J. Carnevale, R.M.C., April 26, 2022 Authorizing Proposed Sale Municipal Clerk and Susan and Purchase McCartney, Council President

Courtesy Review Application | Joseph Alpert July 29, 2022 Form Technical Subdivision and Suzanne L. Warren, P.L.S. July 11, 2022 Right of Way Vacation Plan West Orange Planning Board | Robin Miller, Secretary August 7, 2019 Resolution B-19-05C 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 submission; and WHEREAS, the Board reviewed and considered the Subdivision Plat, testimony and documents submitted therewith; and WHEREAS, the Board also considered the input of its professionals at the hearing; and NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearings, at which a record was made: 1. The Applicant has submitted a referral to the Planning Board for courtesy review of a subdivision to effectuate a previously approved development pursuant to N.J.S.A. 40:55D-31(a) and N.J.A.C. 6A:26-3.2(c) on the property. 2. The property is located on Mount Pleasant Avenue near the intersection of Main Street and is the site of the current West Orange Public Library . 3. The Applicant does not require any variance relief from the Board. 4. The Applicant referred the subject subdivision to the Planning Board for “review and recommendation in conjunction with [the] master plan[.]” N.J.S.A. 40:55D-31(a). The Applicant may not act upon the proposed project without first reviewing the Planning Board’s recommendation. Id.

10. 11 The proposed subdivision provides a path to effectuate the purchase and sale of property dedicated to the development of senior housing in the Township and is necessary due to an existing right-of-way between the two lots. The development approvals for the publicly owned property have already been granted and are not the subject of this subdivision. The Municipal Plaza right-of way merged with the two existing adjoining lots — Block 67, Lot 1, the existing library building/future senior housing and the remainder of Block 68, Lot 1, the remainder of the existing Municipal Complex lot. The proposed lot, Block 68, Lot 1.01 is being created pursuant to the West Orange Library Redevelopment Plan for the Library and Senior housing. A portion of the property shown as a “triangle” on the plans and as further described on the record will remain with Block 67, Lot 1 for community parking and as an access easement. A permanent easement for utilities to the property will be provided on the plan. . The triangle area will be maintained as part of the Senior Housing project and the permanent easement will be maintained by the Senior Housing project. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. Testimony established that in order to effectuate the development of a proposed Senior Citizen Housing project, the proposed subdivision is beneficial to the Township and is consistent with the Master Plan and the previously approved development plan. . The Township Planner, Paul Grygiel, testified that he is satisfied with the plan as presented.

3. The project meets the goals of the Master Plan as it fulfills the goals and objectives including that the affordable senior housing project approved on the subject property implements one of the compliance mechanisms in the Township of West Orange’s court approved Master Plan Housing Element and Fair Share Plan. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the application for subdivision of the property located at 46 Mount Pleasant Avenue, is not inconsistent with the Township Master Plan . AND IT IS FURTHER RESOLVED that the Planning Board makes the following recommendations regarding the Senior Housing Project: 1. West Orange Senior Housing, LLC and its assigns will maintain the triangular area on Block 67 Lot 1 reserved for parking and as an access easement. 2. Applicant agrees to a permanent easement for utilities running through the site. The undersigned secretary certifies the decision set forth herein was made by this Board on August 3, 2022 and memorialized herein pursuant to N.J.S.A. 40:55D10(g) on September 7, Lp JAMILET BAQUERIZO VITE, PLANNING BOARD SECRETARY 2022. “)

APPENDIX H Adopted Inclusionary Housing Ordinances

2614-20 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER XXV LAND USE REGULATIONS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE 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 to include the following: 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 1. 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. 2. 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. 3. The Tract shall be permitted to be constructed in one or more phases consistent with N.J.A.C 5:97-6.4 (d). 4. Any street within the Tract shall be permitted to be public or private. 5. 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 (N.J.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.

d. Use Regulations 1. Permitted Principal Uses. 2. e. (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 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 (d) 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 (f) 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. 2. 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). 3. There shall be no minimum lot size requirement. 2 4840-4339-6295, v. 1

4. The maximum area of disturbance for the entire Tract shall be 30 acres. Trails, deer fencing, and buffer planting shall not be counted as part of the area of disturbance. 5. Unrestricted site access (ingress and egress) shall be permitted from Warner Drive and Kuzik Drive. 6. 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. 7. The affordable units shall consist of moderate-income, low-income, and very lowincome units in accordance with the requirements of the settlement agreement. The minimum unit sizes for the affordable units shall be as follows: 8. 9. (a) One-bedroom 650 square feet (b) Two-bedroom 875 square feet (c) 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. (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. 3 4840-4339-6295, v. 1

(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