Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 The selection of a base color is also affected by considering how large a surface it is going to cover. A bright or loud color is difficult to harmonize with its neighbors as it screams for attention. This type of glaring obtrusion is not respective of its surroundings and creates a color rudeness. d. Surrounding Natural Color. Another guide to colors that go well with natural materials are the colors found in the landscape around West Orange. The dark green of forests, the gray brown of mountains, all relate well to bricks and masonry. Large areas are quickly made handsome by using these subdued and respectful natural shades of color. e. Deep and Pastel Colors. Strong deep color such as navy blue, dark green and chocolate brown can be used effectively on buildings. Their relation to the block should be carefully studied however to prevent them from creating a dark "hole" in the building plane. Pastel colors are used in more tropical areas because they tend to look weak in winter. Colors containing violet tinting quickly fade and chalk. They are not recommended because of their higher maintenance. f. Trim and Detailing. Wood and metal trim surrounding surfaces, doors and windows allow the use of a second color. The color used to border a wall surface can create different effects. This color can be on first and second floor cornices, window sashes and trim frames. A light to medium light color such as off-white creates a snappy, crisp, clean look. Dark brick-red, black and deep tones go well with red brick and natural stone to create a rich harmonious blend. Windows should be considered as black volumes. A light color will feature them; a dark color will subdue them. Light colors on window sashes reflect more light into an interior and require more cleaning. Window lintels, sills and sashes should be painted a different color than their wall surface. Contemporary aluminum door and window frames should seldom be left as unfinished silver aluminum color. Bronze or black anodized or painted finishes are recommended. g. Bright Color. Bright and glossy colors can be used as focal points such as a door, architectural and window pinstriping, and details, such as focal points of

nted finishes are recommended. g. Bright Color. Bright and glossy colors can be used as focal points such as a door, architectural and window pinstriping, and details, such as focal points of stamped steel facades. White is the brightest of all colors and should be used with careful consideration of its glare and effect on surrounding buildings. White always required high maintenance. Faddish color schemes such as psychedelic combinations of color and design are inappropriate to the Township's character and heritage. Respect of it with regard to color application will yield better, more honest solutions. People sense an artificial or misplaced decor. If it is necessary to reflect a business in exterior decor, it is best confined to signage. (Ord. No. 904-88 § 25-5.10O) 265-16.16 General Rules. Color selection should be respectful of its surroundings. Subdued colors work best as a base overall color. Brighter colors work best as focal points. Color should enhance the visual appeal of a building. It can affect the proportions and mood of a building greatly. Often the quickest way to a decision is to build a rough cardboard model of the building. Details are not necessary. General masses and amounts of paint should be proportionate. Windows should be represented as black volumes and can be cut out of black paper placed over the painted cardboard building front. Buying a pint or quart of test paint and trying it on the building is a next step. It is well to remember that small s ample chips look darker than when covering a wall. (Ord. No. 904-88 § 25-5.10P) 89

DRAFT PROPOSED REVISIONS – OCTOBER 2011 265-16.17 Applicability to New Main Street Corridor and Valley Sitesof Standards throughout the Township. The Planning Board or Zoning Board shall have the discretion of applying the design controls established in this section to any site plan or variance application within the Township if, in the opinion of the Board, the application of such controls will be in the best interest of the community. The Board may consult with the Main Street Development Corporation regarding the applicability of these controls to such sites. If the applicant disagrees with the Board's findings an appeal may be made to the Township Council. (Ord. No. 904-88 § 25-5.10Q) Comment [PG70]: appeals to Township Council have been removed throughout ordinance 25-16.18 Security Enclosures. The following provisions apply: a. No security enclosures are permitted in or on any nonresidential building or storefront opening in any OB-1, OB-2, B-1, B-2, P-C, O-R, I or I-B District. b. Nonsolid grill work is permitted inside nonresidential buildings and store fronts at a minimum of two (2) feet from any front window. c. A permit is required from the Construction Official and a twenty-five ($25.00) dollar permit fee must be paid prior to the installation of any security enclosure. Before a permit will be issued, written notification must be filed with the Fire Subcode Official. (Ord. No. 904-88 § 25-5.10R; Ord. No. 1094-91; Ord. No. 1337-95 § 10) 25-17 MISCELLANEOUS DESIGN STANDARDS AND SUBDIVISION CONTROLS. Provisions of Chapter XXXII, Land Subdivision, Section 32-1 through subsection 32-12.10 shall apply, except where a standard or requirement in this chapter may conflict with other Township Ordinances, in which case the higher of the two standards or requirements shall govern. Exception: This provision may be modified by the Township Engineer based on sound engineering practices. (Ord. No. 904-88 § 25-5.11) * 25-18 AFFORDABLE HOUSING; LOW/MODERATE HOUSING PROVISIONS. Comment

* 25-18 AFFORDABLE HOUSING; LOW/MODERATE HOUSING PROVISIONS. Comment [PG71]: no changes, as COAH regulations in limbo *Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1362-95, 2002-05, 2013-05, 2020- 05, 2025-05, 2030-05, 2075-06, 2077-06 AND 2090-06. 25-18.1 Municipal Fair Share Obligation. The fair share obligation in West Orange consists of a 324-unit rehabilitation obligation, a 226-unit prior round obligation and a 341-unit growth share obligation that represents one (1) affordable unit for every four (4) market rate residential units receiving a certificate of occupancy subsequent to January 1, 2004 plus one (1) affordable housing unit for every sixteen (16) jobs created through the expansion or creation of nonresidential development in accordance with the schedule determined by the New Jersey Council on Affordable Housing (COAH). West Orange shall provide a regional preference for all households that live and/or work in COAH Housing Region 2 comprised of Essex, Morris, Union and Warren. (Ord. No. 2250-09 § II) 25-18.2 Definitions. Administrative agent shall mean the entity responsible for administering the affordability controls of this section with respect to specific restricted units, as designated pursuant to N.J.A.C. 5:80-26.14. 90

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Affordability average shall mean an average of the percentage of median income at which restricted units in an affordable development are affordable to low- and moderate-income households. Affordable shall mean, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12. Affordable development shall mean a housing development all or a portion of which consists of restricted units. Agency shall mean the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.) and in, but not of, the DCA. Age-restricted unit shall mean a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either sixty-two (62) years, or fifty-five (55) years and meets the provisions of the 42 U.S.C. §§3601 et seq., except that due to death, a remaining spouse of less than fifty-five (55) years of age shall be permitted to continue to reside. Assisted living residence shall mean a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four (4) or more adult persons unrelated to the proprietor and offer, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Balanced housing shall mean the Neighborhood Preservation Balanced Housing Program of the DCA as set forth at N.J.S.A. 52:27D-320 and N.J.A.C. 5:43. Certified household shall mean a household that has been certified by an administrative agent as a low-income household or moderate-income household. COAH shall mean the Council on Affordable Housing in, but not of, the DCA, established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). DCA shall mean the State of New Jersey Department of Community Affairs. Fair Share Round shall mean any one (1) of three (3) periods in time during which the Council established municipal obligations to provide affordable housing and the first round was from 1987-1993 and the second

Round shall mean any one (1) of three (3) periods in time during which the Council established municipal obligations to provide affordable housing and the first round was from 1987-1993 and the second period was from 1993-1997 and the third is for 1999-2018. HAS shall mean the Housing Affordability Service, formerly known as the "Affordable Housing Management Service," at the New Jersey Housing and Mortgage Finance Agency. Low-income household shall mean a household with a total gross annual household income equal to fifty (50%) percent or less of the median income. Low-income unit shall mean a restricted unit that is affordable to a low-income household. Median income shall mean the median income by household size for an applicable county, as adopted annually by COAH. Moderate-income household shall mean a household with a total gross annual household income in excess of fifty (50%) percent but less than eighty (80%) percent of the median income. Moderate-income unit shall mean a restricted unit that is affordable to a moderate-income household. MONI shall mean the Agency's Market Oriented Neighborhood Investment Program, as it may be authorized from time to time by the Agency. 91

DRAFT PROPOSED REVISIONS – OCTOBER 2011 95/5 unit shall mean a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93 before October 1, 2001. Non-exempt sale shall mean any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order. Random selection process shall mean a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one (1) applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery). Regional asset limit shall mean the maximum housing value affordable to a four-person household with an income at or above eighty (80%) percent of the regional median as defined by the Council's annually adopted income limits. Rent shall mean the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services. Restricted unit shall mean a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, but does not include a market-rate unit financed under UHORP or MONI. UHORP shall mean the Agency's Urban Homeownership Recovery Program. (Ord. No. 2250-09 § III) 25-18.3 Affordable Housing Program. West Orange has determined that it will use the following programs to satisfy its affordable housing obligation: a. Rehabilitation Program. Group homes, family redevelopment, age-restricted rentals, family rentals, for-sale family housing, in redevelopment,

tisfy its affordable housing obligation: a. Rehabilitation Program. Group homes, family redevelopment, age-restricted rentals, family rentals, for-sale family housing, in redevelopment, market to affordable program of family rentals and accessory apartments. The following general guidelines apply to all developments that contain low- and moderate-income units, and any future developments that may occur. (Ord. No. 2250-09 § IV) 25-18.4 Rehabilitation. a. The Rehabilitation Program. 1. West Orange's rehabilitation program is designed to renovate deficient housing units occupied by low-and moderate-income households and after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28. 2. West Orange has designated Community Action Services and the Essex County Home Improvement Program as the administrators of the rehabilitation program. 3. Both renter occupied and owner occupied units are eligible for rehabilitation funds. 4. Both renter occupied and owner occupied units must remain affordable to low- and moderate-income households for a period of ten (10) years. For owner occupied units this 92

DRAFT PROPOSED REVISIONS – OCTOBER 2011 control period will be enforced with a lien and for renter occupied units the control period will be enforced with a deed restriction. 5. West Orange will dedicate a minimum of ten thousand ($10,000.00) dollars for units rehabilitated through this program. 6. West Orange has created a rehabilitation manual for this rehabilitation program, which is available for inspection at the West Orange Planning Department and is on-file with COAH. (Ord. No. 2250-09 § V) 25-18.5 Phasing Schedule for Zoning. West Orange has adopted a redevelopment plan that includes affordable housing. If future zoning is adopted, there will be a set-aside for affordable housing. Payment in lieu of development funds will be used within West Orange for the creation of affordable housing units. In inclusionary zones, including zones subject to a growth share ordinance, the following schedule shall be followed: Percentage of Market-Rate Units Completed Minimum Percentage of Low- and Moderate-Income Units 25 0 25+1 10 50 50 75 75 90 100 (Ord. No. 2250-09 § VI) 25-18.6 New Construction. a. Low/Moderate Split and Bedroom Distribution of Affordable Housing Units: 1. The fair share obligation shall be divided equally between low- and moderate-income households. 2. In each affordable development, at least fifty (50%) percent of the restricted units within each bedroom distribution shall be low-income units. 3. Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that: (a) The combined number of efficiency and one-bedroom units is no greater than twenty (20%) percent of the total low- and moderate-income units; (b) At least thirty (30%) percent of all low- and moderate-income units are two (2) bedroom units;

y (20%) percent of the total low- and moderate-income units; (b) At least thirty (30%) percent of all low- and moderate-income units are two (2) bedroom units; (c) At least twenty (20%) percent of all low- and moderate-income units are three (3) bedroom units; and (d) The remainder may be allocated at the discretion of the developer. (e) Age-restricted low- and moderate-income units may utilize a modified bedroom distribution and at a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development. b. Accessible Townhouse Units. 1. The first floor of all townhouse dwelling units and of all other multistory dwelling units for which credit is sought pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), on 93