West Orange Fourth Round HEFSP_adopted 111025_Appendices

it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the y Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, -52:27D-320). The Township of West Orange shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance and repose, nor shall the Township of West Orange retroactively impose a development fee on such a development. The Township of West Orange shall not expend development fees after the expiration of its judgment of compliance and repose. 25-18.23 Inclusionary Housing Requirements for Multifamily Residential Developments Any multifamily residential development consisting of five or more dwelling units shall produce low- and moderate-income housing on-site or elsewhere in the Township. The number of affordable units to be provided shall be 20 percent of the residential units in the development. The provisions of this section shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more. Section 2. Chapter XXV Land Use Regulations is hereby amended and supplemented by adding the following sections: 25-20 IHO-1 (INCLUSIONARY HOUSING OVERLAY) DISTRICT a. Purpose 22 4844-7802-2092, v. 2

The purpose of the [HO-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 [HO-1 District shall encompass the entirety of the properties identified as Block 152.01, Lots 1445, 1445.01 and 1445.05. The municipal zone map is hereby amended to reflect same. c. Use Regulations 1. Permitted Principal Uses. In addition to any principal or conditional use permitted in the underlying zone district, mixed-use development shall be permitted. Permitted uses on the first story of a mixed-use development shall include the following: retail store, personal service store or studio, office, business or vocational school, restaurant, and bar. Dwelling units in a mixed-use development shall only be permitted above the first story. Multiple principal buildings and/or uses shall be permitted on a single lot. Permitted Accessory Uses. In addition to any accessory use permitted in the underlying zone district, any use that is customarily incidental to a mixed-use development shall be permitted. Examples include, but are not limited to, residential amenities and accessory uses such as leasing and management offices. d. Bulk Regulations 1. we 4844-7802-2092, v. 2 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 mixed-use development shall be as follows: (a) Minimum Lot Area: 60,000 square feet (b) Minimum Lot Frontage: 200 feet (c) Minimum Front Yard Setback: 50 feet (d) Minimum Side Yard Setback: 75 feet (e) Minimum Rear Yard Setback: 100 feet (ff) Maximum Building Coverage: 40% (g) Maximum Impervious Coverage: 65% (e) Maximum Building Height: 4 stories/48 feet (f) Maximum Gross Residential Density: 16 dwelling units/acre 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

ll 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. 23

e. Parking Regulations 1. 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. f. Affordable Housing Requirements dy 25-21 THO-! 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 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 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 (ce) Three-bedroom 1,150 square feet 2 (INCLUSIONARY HOUSING OVERLAY) DISTRICT a Purpose The purpose of the [HO-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 THO-2 District shall encompass the entirety of the property identified as Block 151, Lot 33. The municipal zone map is hereby amended to reflect same. c Use Regulations ce Permitted Principal Uses. In addition to any principal or conditional use permitted in the underlying zone district,

. The municipal zone map is hereby amended to reflect same. c Use Regulations ce Permitted Principal Uses. In addition to any principal or conditional use permitted in the underlying zone district, multifamily residential development shall be permitted. Permitted Accessory Uses. In addition to any accessory use permitted in the underlying zone district, any use that is customarily incidental to a multifamily residential development shall be permitted. Examples include, but are not limited to, residential amenities and accessory uses such as leasing and management offices. a. Bulk Regulations 4844-7802-2092, v. 2 24

be 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 () 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 1. w 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 ly 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