The Livingston Township Council passed ordinances, including one amending the town’s code focused on government speech; introduced others, including an ordinance that would adopt a new overlay district to pave the way for a housing complex; and passed several resolutions during its Thursday, September 7, meeting.
Voter Registration
At the start of the meeting, proclamation was also issued to recognize September 19 as National Voter Registration Day. Members of the National Council of Jewish Women - Essex were recognized for their work in helping to register voters and share information about how to vote.
The voter registration deadline is October 17, and vote by mail applications must be received by October 31 to be counted for the November 7 election. For all forms and voting information, go to nj.gov/state/ elections/vote.shtml. Additional information is available at nejwessex. org/voting-rights.
Overlay Districts
An ordinance was introduced to adopt a new overlay district, R-5Q, for block 6100, lot 5, on the township tax maps. The area, commonly known as 70 South Orange Avenue, is a former office center, located across the street from Newark Academy.
The overlay would permit inclusionary multi-family housing totalling 222 units, 20 percent of which would be affordable. No more than ten percent of the market rate units would be permitted to have three bedrooms, and no more than 50 percent of the two bedroom market rate units would be permitted to have dens.
A final hearing will be held during the October 16 meeting.
An ordinance was also introduced to amend the MU-1 mixed use overlay district. The original overlay ordinance was passed in June of2020, and covers lots 50, 51, and 52 in tax block 2700 at Northfield Center. It encompasses the former site of the Northfield Baptist Church andnearby businesses, which were demolished several years ago for a mixed-use housing project that was never built.
The section of the township code will now read, “There shall be a required affordable housing set aside of four units, which shall be deed restricted as units available only to low- and moderate-income households, and which may be provided on site in accordance with the applicable standards for bedroom mix. Alternatively, the affordable housing requirement can be met, in whole or in part, in the form of eligible supportive and special needs housing based on unit/bedroom credits received by the township. If affordable housing is in the form of supportive and special needs housing, it may be provided off-site at a location approved by the township.”
Afinal hearing will be held during the October 16 meeting.
Government Speech
An ordinance was unanimously passed to amend the township code with respect to its expression of government speech. An amendment was previously made to the code in regard to the Town Hall flag pole. The change now mentions, more generally, the “township’s public display areas,” to cover otherparts of town, including an area at the South Livingston Avenue/Northfield Road (Continued on Page A-6) intersection, which holds a town-supported banner a few months out of the year, and around the Livingston Oval.
At the start of the year, a resolution was unanimously passed to permit certain flags to be raised during the year as an expression of government speech. The listed flags were for Black History Month, Juneteenth, PRIDE, National Hispanic Heritage, and the national flags of Italy, India, and Israel. The list is not exclusive, and additional flags may be added. These flags were part of the resolution because they have been previously raised by the township.
The resolution was a response to a Supreme Court decision related to a flag pole in Boston, in which the city denied a request to fly a Christian flag outside of City Hall. The Supreme Court determined the denial was a violation of free speech. This resolution seeks to avoid a similar situation in Livingston.
Prior to its passage, resident Justin Alpert objected to the ordinance, questioning the legitimacy of the term “government speech.”
Sidewalk Exemptions
An ordinance was unanimously passed to amend the township code, to authorize limited exemptions for sidewalk requirements in town. The exemption would be granted if the property is located on a dead end road within 200 feet of the end of the roadway; there are no cross streets between the property and the end of the road; the end of the road does not adjoin any entrances to parks, schools, or public facilities; and there are no sidewalks installed between the property and the end of the road. All of these conditions must be met for a sidewalk not to be required.
The exemption would terminate if the dead end roadway is “opened” or a walkway is installed at the end to any park, school, or public facility.
Salt Storage
An ordinance was unanimously passed to amend the township code to allow privately-owned salt storage in town. The purpose of the ordinance is to prevent privately-owned stored salt and other solid de-icing materials from being exposed to stormwater.
Habitable Floor Area Exemptions
An ordinance was introduced to amend chapter 170, section 87 of the township code. The ordinance would delete section (DD)(3), which stated, “In the R-4 Zone District, any addition or alteration of an existing single-family residential building that does not require a bulk variance may exceed the maximum habitable floor area ratio, as long as the maximum habitable floor area of the entire structure is not exceeded.”
Afinal hearing will be held during the October 16 meeting.
PFOA Remediation
A resolution was passed to approve a $12.4 million loan from the New Jersey Infrastructure Bank. The funds are for the design and construction of ion exchange treatment facilities to remedy existing PFOA and chemical contamination at five township wells.
Trailer Purchase
A $73,820 contract was awarded to Jesco, Inc. for the purchase of an Eager Beaver model 35GSL PT trailer.
Ambulance Fueling
An agreement was reached with Hatzalah MetroWest ambulance services to use the town’s fueling station for their ambulances.
Joshua Commer of Hatzalah Metrowest thanked the Council at the meeting for the assistance, and the Council, likewise, thanked the EMS service’s members for their volunteer aid in Livingston.
Shared Services
Aresolution authorized an interlocal services agreement with Millburn. The agreement is for shared human services administration.
Redevelopment Project Charges
A resolution was passed to formally state the annual service charges on redevelopment projects.
Brightview
Two ordinances for introduction and a resolution were all pulled from the agenda prior to the start of the meeting. All three were related to the planned Brightview senior living project to be built on the current site of the West Essex YMCA.
The ordinances and resolutions also focused on a commitment to replacing the skate park that will be removed to make way for the development.
These are expected to be back on the agenda, in some form, at a later date.
Closed Session
In a closed executive session at the conclusion of the regular meeting, the Council was expected to discuss Fair Share Housing, an update on both Michele Meade and Kevin Mullaney litigation, and a personnel matter.
