At its meeting on Monday, March 11, the Livingston Township Council introduced two housing ordinances, and passed and tabled separate ordinances related to structures on privately owned property.
Brightview Ordinances
An ordinance was introduced to authorize a sale agreement between Brightview Livingston Urban Renewal and the township, for a portion of its 357 South Livingston Avenue (block 3100, lot 55 in the tax map) property that includes the town’s skate park. The proceeds of the sale are expected to cover the cost of a new skate park, to be located elsewhere in town.
Brightview plans to build a 150unit senior living facility on approximately 160,000 gross square feet of land. The property, 321 South Livingston Avenue, is the current home of the West Essex YMCA, which will soon move to a new location across the street, the former site of the Grace Lutheran Church. The strip of land being sold is expected to be used for parking.
Also introduced was the approval of an application for a long-term tax exemption - also known as a payment in lieu of taxes, or a PILOT - and authorization of the execution of a financial agreement with Brightview Livingston Urban Renewal in relation to the 150-unit facility. The termination date on the PILOT is 35 years after its passage.
The ordinances were introduced by unanimous 3-0 votes. Deputy Mayor Ed Meinhardt and Mayor Al Anthony recused themselves from the vote, due to conflicts of interest related to the YMCA.
The Council members that could speak noted that moving forward with the Brightview Project was a “wise decision” for Livingston, as it would ensure the West Essex YMCA stays in town, creates affordable housing, and generates additional revenue producing properties in town. The Grace Lutheran Church and West Essex YMCA were not tax-paying properties in their current locations, but the town will receive revenue from the parcels once the new buildings are constructed, according to the Council.
Both of these ordinances, in some form, were discussed at length during several meetings in 2023, though they never passed at that time. They will both have a second hearing on March 25.
Deer Fence Ordinance
Passed was an ordinance amending the township code regarding materials on “deer fences.” Under the ordinance, a deer fence, which may not be taller than 96 inches at its highest point, may now be constructed of black chain link as well as the previously approved black polypropylene mesh. The size of the openings in the fence may not be more than 2.5 inches by 2.5 inches and shall not be less than 1.5 inches by 1.5 inches. A deer fence may be installed parallel to a side or rear lot line of a property in a residence district when such a line abuts undeveloped property not less than two acres in size.
Also introduced was a bond ordinance providing for an appropriation of $5,475,000 for various townshiprelated improvements, computer communication system upgrades; and reconstruction and renovations to public buildings and facilities. These renovations will include replacement of the roof at the Fire Department and repainting of its building; renovation and replacement of gas tanks at Town Hall and the Fire Department; replacement and building improvements, parks, playgrounds and Senior, Youth, and Leisure Services (SYLS) facilities; and acquisitions of, and repairs to, township vehicles.
Sidewalk Ordinance Tabled
An ordinance was again tabled that would amend the township code on streets and sidewalks by adding verbiage regarding damage to structures and improvements within the right of way.
Under the ordinance, neither the Township of Livingston nor its contractors would be responsible for the replacement or repair of any damage caused by public maintenance, repair or improvement activities to private structures or improvements placed within the public right-of-ways, including fences, retaining or decorative walls, landscaping, sprinkler pipes or heads, lamp posts or lighting, and private electrical conduits, as well as improperly installed mailboxes. An exception would be made for “legally placed” mailboxes.
The ordinance was tabled at the previous Council meeting, as well, after resident Tim Foley stated that it would be unfair for residents to have to be responsible for maintaining the part of the property that the town owns, but that the town would not be responsible for repairs if town workers damage it. Foley said he had spoken up the last time a similar ordinance was proposed over two decades ago.
Previously, the Council agreed to hold off on the ordinance until they discussed it with the town engineering department, who had proposed it, to hear the rationale behind it. On Monday, the Council asked Foley to speak with township engineer Jeannette Harduby about his concerns, as well.
This ordinance will now be on the March 25 agenda for passage.
