FIRST COMPLIANCE REVIEW - ENGINEERING 175 AVENUE A – BAYVIEW

APPLICANT : BAYVIEW JV, LLC PRELIMINARY/FINAL MAJOR SUBDIVISION AND SITE PLAN APPLICATION

BLOCK 300.01, LOTS 1, 2 AND 3; BLOCK 301.03, LOTS 2 AND 3; BLOCK 511, LOT 1 CITY OF BAYONNE, HUDSON COUNTY, NEW JERSEY

Prepared by: Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. 442 State Route 35, 2nd Floor Eatontown, New Jersey 07724

July 21, 2021 Revised August 10, 2021

MATRIX JOB NO. 13-454 Andrew W. Raichle, P.E. NJ Professional Engineer License No. 24GE04188900

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INTRODUCTION Matrix New World Engineering, Land Surveying and Landscape Architecture, P.C. (Matrix) has performed a review of the Preliminary and Final Major Subdivision and Site Plan application submitted by Bayview JV, LLC (“Applicant”) for the development of the Bayview Redevelopment Plan area. The site was previously developed with an A&P Supermarket as the anchor store which has since closed and been demolished. The remaining buildings on-site will also be demolished, except for the existing fitness center building which will remain. This application requests preliminary and final major subdivision and site plan approval for the construction of four mixed-use buildings, motor vehicle parking, waterfront walkway, park, and all associated infrastructure and appurtenances. The application is also requesting approval to create five development lots and three common lots within the subject property.

The application’s Subject Properties are designated as Block 300.01, Lots 1, 2, and 3, Block 301.03, Lots 2 and 3, and Block 511, Lot 1. Development on these parcels is governed by the Bayview Redevelopment Plan. The site is located across from the Route 440 southbound access ramps (between North Street and Fifth Street) and entry to the existing site is via a driveway to Avenue A, just south of North Street. The proposed development will continue to utilize this driveway and proposes to add a new Avenue A access point across from the Route 440/Bayonne Bridge access ramps. Avenue A consists of a 70-foot public right of way and has multiple travel lanes with turning lanes in each direction.

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The proposed redevelopment is a mixed-use development consisting of four new buildings with associated site improvements and infrastructure. All proposed principal uses are allowed within the designated redevelopment area pursuant to the Bayview Redevelopment Plan. The Applicant is proposing a total of 1,100 residential units, 55,000 square feet of retail space, and 1,596 parking spaces. The Applicant’s proposal relies upon satisfaction of the Redevelopment Plan’s requirements for the City’s award of the density bonus.

The Redevelopment Area has the distinction of having more than 1,000 feet of Newark Bay shoreline and a Tidelands Grant for areas immediately offshore. It is located between a residential neighborhood to its north and proposed residential/existing commercial uses to its south. Portions of the Redevelopment Area are designated as FEMA Special Flood Hazard Areas and portions are also a known contaminated site. Avenue A adjoins the Site to the east, and a Conrail right of way adjoins a portion of the Site. Numerous access and pipeline easements exist throughout the Site.

Summary of Proposed Development The Applicant proposes to create five development lots and three publicly accessible common lots, and to construct four new mixed-use buildings on the Subject Property. A summary of the proposed development is itemized and illustrated below:

PROPOSED REDEVELOPMENT PARCELS

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• Proposed Development Lot 3.01 will be

approximately 18,851 sqaure feet (0.433 acres) and is proposed to be developed with improvements to the existing fitness center (Building B1). Building B1 is a 1-story building with approximately 14,278 square feet of commercial/retail space and other improvements. At full buildout, the parking for this building is proposed to be provided in the parking garage of building B2 (see below). In the interim, existing surface parking will satisfy the parking requirement.

• Proposed Development Lot 3.02 will be

approximately 51,050 sqaure feet (1.172 acres) and is proposed to be developed with an 8-story, mixed-use building (Building B2) attached to existing Building B1. The new building wis proposed to have 182 residential units, 6,585 square feet of commercial/retail space, 3,185 square feet of amenity space, and 3 floors of parking containing 296 parking spaces.

• Proposed Development Lot 3.03 is the northernmost waterfront development lot and will be approximately 80,477 square feet (1.848 acres). It is proposed to be developed with a 12-story, mixed-use building (Building B3) with 415 residential units, 2,750 square feet of commercial/retail space, 22,945 square feet of amenity space, and 5 floors of parking containing 456 parking spaces.

• Proposed Development Lot 3.04 is the

southernmost waterfront development lot and will be approximatley 68,627 square feet (1.575 acres). It is proposed to be developed with a 12-story, mixed-use building (Building B4) with 303 residential units, 4,780 square feet of commercial/retail space, 18,105 square feet of rooftop and ground floor restaurant space including outdoor seating, 13,520 square feet of amenity space, and 5 floors of parking containing 396 parking spaces.

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• Proposed Development Lot 3.05 will be

approximately 62,313 square feet (1.431 acres). It is proposed to be developed with an 8-story, mixed-use building (Building B5), with 200 residential units, 7,235 square feet of commercial/retail space, 2,675 square feet of amenity space, and 3 floors of parking containing 283 parking spaces.

• Proposed Common Lot 3.06 is an interior lot proposed to be surrounded by the above-referenced mixed use development. It will be approximatley 18,454 square feet (0.424 acres) and is proposed to be developed with publicly-accessible open space.

• Proposed Common Lot 3.07 will be approximately 249,393 square feet (5.738 acres) and constitutes the proposed publicly-accessible (but privately owned and maintained) streets, sidewalks/streetscape, and street parking.

• Proposed Common Lot 1.01 will be approximatley 141,681 square feet (3.253 acres), of which 103,108 square feet are uplands and the remaineder is riparian. The lot is proposed to be developed with an ambitious, publicly-accessible waterfront park and pier.

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Proposed parking meets the Redevelopment Plan’s requirements and will include both the structured parking referenced above and 163 surface parking spaces. These surface parking areas will be available to the public as required by the Redevelopment Plan. The proposed site infrastructure includes a new subsurface stormwater conveyance system to convey the rainwater from the 25-year storm event and discharge the runoff to two new dedicated stormwater outfalls to the Newark Bay. This system will remove the potential for any stormwater generated from the Site to enter the City’s combined sewer system. The Property also lies within various FEMA designated special flood hazard areas. Proposed development will substantially raise the site above the FEMA flood elevations and will comply with (and exceed) City and State regulations governing finished floor elevations. Additional site improvements include streetscaping, landscaping, and modern utility services. Access to the individual mixed-use buildings will enter thru the building’s garage locations and will be provided via driveways off the proposed internal drive aisles. All mixed-use building parcels are interconnected via internal drive aisles. APPLICATION DOCUMENTS The application package reviewed by Matrix includes the following:

1. City of Bayonne Preliminary and Final Major Subdivision and Site Plan Application Forms and supporting documents

2. City of Bayonne Development Application Checklist and supporting documents 3. Site Plans entitled, “Preliminary/Final Major Subdivision and Site Plan, 175 Avenue

A – Bayview, Lots 1, 2, & 3, Block 300.01; Lots 2 &3, Block 301.03; Lot 1, Block 511; City of Bayonne, County of Hudson, New Jersey 07002”, prepared by Matthew J. Neuls, PE, of Dresdner Robin, last revised July 28, 2021 and consisting of 27 sheets.

4. Landscape Plans entitled, “175 Avenue A – Bayview, 175 Avenue A; City of Bayonne, County of Hudson, NJ”, prepared by Michael Van Valkenburgh, LLA, of Michael Van Valkenburgh Associates, Inc., dated May 20, 2021 and consisting of 20 sheets.

5. Survey entitled, “Boundary & Topographic Survey, Avenue A Shopping Center, Lots 1, 2 &3 in Block 300.01; Lots 2 & 3 in Block 301.03; Lot 1 in Block 511, City of Bayonne, Hudson County, New Jersey,” prepared by Dresdner Robin, dated September 26, 2018, last revised May 14, 2021, and consisting of 1 sheet.

6. Report entitled, “Stormwater Management and Engineer’s Report; 175 Avenue A; Block 300.01, Lots 1, 2, & 3 & Block 301.03, Lots 2 & 3; City of Bayonne, Hudson County, New Jersey”, prepared by Matthew J. Neuls, PE of Dresdner Robin, dated May 2021.

7. Report entitled, “Environmental Impact Statement for Bayview JV, LLC for Property Located at 175 Avenue A; Block 300.01, Lots 1, 2, & 3; Block 301.03, Lots 2 & 3; Block 511, Lot 1; City of Bayonne, Hudson County, NJ”, prepared by John McDonough, LA, AICP, PP, of John McDonough Associates, LLC, dated May 19, 2021

8. Report entitled, “Traffic Impact Study; 175 Avenue A – Bayview; Bayview JV, LLC; City of Bayonne, Hudson County, New Jersey”, prepared by Jay S. Troutman, Jr., PE, of McDonough & Rea Associates, dated May 25, 2021.

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9. Architectural drawings entitled, “Application for Preliminary & Final Bayonne Site Plan and Major Subdivision Plan, 175 Avenue A - Bayview”, prepared by Minno Wasko, last revised July 27, 2021, and consisting of 29 sheets.

10. Proof of taxes paid from the City 11. Copy of list of owners within 200 feet of Subject Property 12. Copy of deeds for parcels constituting the Subject Property 13. Three prior approvals for the subject property 14. Title reports and searches for all parcels within the Subject Property 15. Pier Permit drawing entitled, “Proposed Pier Plan, 175 Avenue A; City of Bayonne,

County of Hudson, NJ”, prepared by Stephen A. Famularo of McLaren Engineering Group and dated July 6, 2021 and consisting of 3 sheets. Matrix offers the following comments concerning the application materials:

STATEMENT OF APPLICATION FOR PRELIMINARY AND FINAL MAJOR SITE PLAN

• The Statement of Applicant indicates that the application is seeking the density bonus by meeting the conditions as set forth in the redevelopment plan. Matrix agrees that the Applicant has expressed their intent to satisfy the bonus density requirements; however, certain of the elements necessary to satisfactorily implement the bonus requirements are out of their control (e.g., NJDEP/Corps’ permitting of pier, construction of off-site walkway, new entrance to site across Conrail right of way). Therefore, Matrix recommends that any resolution of approval for the application, should one be granted, specify a) how the development may proceed until the bonus density requirements are satisfied, and b) the necessity for approval modifications in the event that some or all of the bonus density requirements are not satisfied.

• The application states that no variance relief is requested. Matrix confirms this opinion.

• Waivers are being requested for the following checklist submission requirements/design exceptions:

a. Provision of a denial letter from the Zoning Officer b. Size of the Engineering, Architectural, and Landscape plans c. Provision of a colorized rendering d. Required number of copies of the title reports/restrictions on the property e. Design exceptions requested from Section 2.6 “Other Regulations/Design

Standards” of the Redevelopment Plan regarding lighting and signage

Matrix recommends that all requested design waivers be granted, as specified later in this report.

• The Applicant is proposing that the improvements be constructed in phases in accordance

with a Phasing Plan provided with the application documents. Importantly, the Phasing Plan shows many of the improvements to be made available to the public will be

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constructed as part of the first phase, including the waterfront park/promenade, pier, “central” park, roadway/utility improvements and traffic access to Avenue A. Matrix has no objections to the phasing plan. We recommend that it be specifically adopted into the Resolution of Approval and that future certificates of occupancy for any phase be withheld until such time as all elements of the particular phase requirements associated with a building are satisfied.

• The Applicant is also seeking extended zoning protection for a period of 20 years from the date of the resolution adoption. Matrix has no opinion on this matter.

STATEMENT OF APPLICATION FOR PRELIMINARY AND FINAL MAJOR SUBDIVISION

• The application states that no variance relief is requested. Matrix confirms this opinion

• Waivers are being requested for the following checklist submission requirements:

a. Provision of a denial letter from the Zoning Officer b. Providing information relative to utilities, grading, landscape, etc. c. Scale of 1” = 50’ to be used on the subdivision plat

Matrix has no objection to the granting of these waivers.

PRELIMINARY AND FINAL MAJOR SITE PLAN General Site Plan Comments

1. The Applicant has submitted revised drawings dated July 28, 2021 that include additional detail regarding civil engineering design, as requested. The additional detail is acknowledged; however, Matrix reserves the right to conduct further detailed engineering review of the revised drawings, and require modifications as part of resolution compliance, should the Board grant approval of the project.

2. The proposed work includes an at-grade crossing of Conrail right of way. The Applicant has acknowledged Matrix’s concern that additional traffic control may be required as part of Conrail’s review process. Matrix recommends that the review of this traffic control, should it be required, be conducted as an administrative resolution compliance matter

3. Additional detail regarding ADA compliance of sidewalk ramps is required. 4. Profiles of the proposed utilities shall be added as part of the site plan set. 5. Applicant shall be required to submit structural designs for approval for all site plan

elements that require evidence of structural design (e.g., retaining walls over four feet in height, large sign foundations, etc.).

6. The Applicant’s expert shall provide testimony describing the transition and interconnectivity of the proposed development to existing and/or proposed developments.

7. Evidence of bulk zoning compliance for open space, green roofs and EV parking spaces shall be provided.

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Sheet V-111

1. Final lot numbers shall be assigned to the proposed lots by the Bayonne Tax Assessor’s office.

General Layout Comments

1. Additional call outs should be added to the layout sheets for parking stall markings, parking stall sizing, curb materials, etc.

2. Additional traffic markings should be indicated on the plans for traffic circulation. 3. Traffic control / warnings for the vehicles leaving each of the parking garages shall be

provided to avoid potential collisions. 4. ADA parking stalls shall be denoted within the parking garages.

Sheet C-302

1. Additional signage and traffic control shall be added for the traffic circle southeast of building B3.

Sheet C-304

1. A stop sign should be added to the east bound lanes for the site access from Avenue A. 2. The Applicant should clarify the limits and improvements to be completed on Avenue A,

south of the proposed secondary entrance. The proposed curb line does not tie into the existing curb and it seems like off-site features could be affected (utility poles, etc.).

General Grading and Drainage Comments

1. Additional grading information and detail shall be provided on the grading sheets. The Applicant has proposed to include this information as phases advance to construction document detail. The Applicant is requesting Final Site Plan Approval. Therefore, deferment of this level of detail to a future phase is rejected.

2. Spot shots shall be added to the grading plans as to better define the grading design intent and drainage patterns. See above comment regarding required level of detail for Final Site Plan Approval.

3. Additional grading shots should be added within the sidewalks to confirm compliance with ADA regulations.

4. The grading tie-ins along the property limits should be confirmed and fully coordinated with the adjoining redevelopment property.

5. The plans shall indicate where the roof runoff for each building is being conveyed. 6. The under drains for the permeable pavers and asphalt pavement shall be shown on the

grading and drainage plans per the detail sheets.

Sheet C-401

1. Spot shots shall be added along sidewalks and in flat areas to ensure positive drainage.

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2. There is grading outside of the property limits within City-owned Block 300, Lot 2. All work proposed on lands owned by the City of Bayonne shall be coordinated with the City and all necessary license agreements, indemnification and insurance requirements shall be satisfied prior to conducting work. Any City property disturbed by the proposed work shall be restored to the satisfaction of the City Engineer.

3. Grading at the proposed intersection with Avenue A shall be revised and finalized consistent with the level of detail required for Final Site Plan Approval.

Sheet C-403

1. The proposed grading on the southwest of the turn-around area requires additional detail. See prior comments regarding level of detail required for Final Site Plan Approval.

General Utility Comments

1. All utility work to be coordinated with the appropriate utility company to ensure proper installation and sizing per the notes on the utility sheets.

2. All utility work proposed on lands owned by the City of Bayonne shall be coordinated with the City and all necessary license agreements, indemnification and insurance requirements shall be satisfied prior to conducting work. Any City property disturbed by the proposed work shall be restored to the satisfaction of the City Engineer.

3. Those portions of the proposed water mains that will ultimately serve as part of the City’s distribution loop (if any) shall be dedicated to the City of Bayonne and an entry and maintenance easement shall be granted. Determination of the public nature of any water loops shall be made by the City Engineer in consultation with Suez.

4. It is noted that the gas main shall be sized, and material determined by PSE&G. Applicant shall coordinate with PSE&G.

Sheet C-501

1. The existing sanitary sewer lateral connection shown for existing building B1 shall be evaluated for suitability of continued use.

2. The Applicant shall provide evidence of an existing easement specifying the City’s right to operate and maintain the existing combined sewer system infrastructure on the property. If a sufficient easement does not exist, Applicant shall grant the City an easement sufficient to satisfy this requirement.

General Lighting Comments

1. There are multiple locations in which the light fixtures are located within a sidewalk. The plans should be revised so that the lights are located outside of the sidewalk as to ensure there is enough clear room for residents to utilize the walkways correctly.

2. Additional grid points should be added to the lighting design as to show the isolux calculation within the grassed areas to ensure adequate lighting.

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General Soil Erosion and Sediment Comments

1. Matrix defers to the Hudson-Essex-Passaic Soil Conservation District for any additional comments on this sheet or plan set.

General Detail Comments

1. Sewer and Water Connection details shall be reviewed by the City Engineer and Suez. 2. Gas, Electric, Cable and Telephone details shall be provided and reviewed by the

appropriate agency. 3. Additional ADA ramp details shall be provided. 4. Additional details may be required for the domestic and fire water service connections to

the buildings depending on the sizes. LANDSCAPE PLANS General Landscape Comments

1. The Board’s Consulting Planner has performed a thorough review of the Landscaping Plans. Matrix concurs with the Planner’s comments.

2. Various features shown on these plans say see ‘civil drawings’, but the civil drawings do not contain the details for these features. The plans should be updated to be consistent.

3. The proposed light fixtures shall be added to the landscape plans as to ensure there is no conflict with the plantings.

4. The Applicant shall perform a comparison of the drainage and utility lines to the landscape plans as to ensure there is no conflict with the landscape improvements.

5. The Applicant’s expert shall provide testimony concerning the adequacy of buffering and compatibility of the proposed development with adjoining developments (both existing and proposed).

Sheet L304

1. There are 2 ‘QI’ labels on the northeast of building B5 which have the incorrect quantity listed. This should be updated.

Sheet L307

1. The Applicant shall add a note to the planting schedule for the trees that if the quantities

differ from those shown on the plans, the trees shown on the plan sheets shall govern. 2. The quantity for tree type ‘JE’ is incorrect and shall be updated. 3. The quantity for tree type ‘PA’ is incorrect and shall be updated. 4. The quantity for tree type ‘ST’ is incorrect and shall be updated.

Sheets L910, L920, and L930

1. All structural aspects of the details requiring professional engineering design shall be

signed and sealed by a structural engineer and shop drawings shall be provided.

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BOUNDARY AND TOPOGRAPHIC SURVEY The boundary survey includes multiple instances of existing easements that conflict with proposed redevelopment. The Applicant shall provide testimony concerning the disposition of those easements and how they will be extinguished or otherwise modified to allow the proposed redevelopment to occur. STORMWATER MANAGEMENT AND ENGINEER’S REPORT The stormwater management section of this report shall be revised to indicate the additional impervious coverage on site which will be conveyed by the system and into the Newark Bay. A hydrologic analysis of the pre- and post-developed site should also be included within the report and the appendices. Additionally, the site plans do not show how the building drainage will be conveyed into the subsurface system. The report and plans should be revised to address the building runoff, rood leaders, etc. The pipe calculations which have been enclosed with the report also do not specify the start and stop structures which each pipe is conveying or the drainage area getting to each structure. Drainage area maps should be submitted so that a full review of the on-site drainage analysis can be completed as well as updated pipe calculations. Underdrain connections from the various water quality measures taken should also be detailed and shown on the plans and additional information on the bioretention systems should be provided. In conclusion, it is stated that the proposed drainage pattern for the subject site is generally keeping with the existing drainage patterns. The project includes non-structural water quality treatment measures to meet the requirements and the stormwater conveyance system is sized appropriately to handle the 25-year storm event. Groundwater recharge and water quantity requirements are not required to be met. Additional design documents and detail shall be submitted to show compliance with applicable stormwater management regulations. PIER AND SHORELINE DRAWINGS

1. A cutoff wall shall be provided at the interface between the upper extent of the rock revetment and the adjoining upland so as to prevent loss of fill through the revetment.

2. Railings shall be provided on the pier, and potentially along the kayak launch. 3. The kayak launch slope and design detail shall be provided. 4. Final design drawings shall be provided for review and approval of the City Engineer prior

to construction. ENVIRONMENTAL IMPACT STATEMENT

1. Under the Proposed Conditions under Project Description, the proposed parking space count should be corrected to match that as shown on the plans.

2. Matrix has no objections to the Environmental Impact Statement, as presented.

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TRAFFIC IMPACT STUDY The applicant has provided a traffic statement for the proposed development which concludes that the traffic generated by the proposed development can be accommodated by the existing roadway system and the proposed site design. To satisfy the traffic-related conditions associated with full build out of the site, the applicant is proposing a two-way boulevard access to Avenue A along the site frontage across from the Route 440 ramps intersection. There are traffic improvements proposed at this intersection so that all traffic movements at all intersections will be preserved at an acceptable level of service “D” or better during the weekday AM and PM peak hours. It also concludes that the proposed design is consistent with current standards and with the two points of access under the full build out, the site will efficiently distribute the site generated traffic. The traffic report assumes utilization of the mass transit options, including proximate NJ Transit bus lines, and the applicant is proposing to operate a shuttle which will provide access to light rail service. The report discusses the on-site parking and that it is exceeded by 200 spaces. This number should be confirmed as there are inconsistencies between the various documents. In any event, the required number of parking spaces has been met. The traffic planning viability of the proposed new access to Avenue A has been referred to the Board’s Traffic Planning Consultant. Matrix will review his conclusions upon receipt. The applicant shall provide testimony regarding how the proposed development is in fact consistent with the Bayview Redevelopment plan and will not have a detrimental effect on the surrounding roadway traffic. ARCHITECTURAL DRAWINGS

1. The applicant shall confirm if rooftop equipment will be required and if it will be sited within allowable height restrictions.

2. It is noted that existing building B1 with existing commercial-use signs, which are pre-existing will be kept in place. Matrix confirms that these signs are consistent with the Redevelopment Plan’s intent with respect so sign design standards and location, and we recommend that they be approved to remain.

3. The applicant should confirm if electric car vehicle spaces are proposed within the buildings and how the electric car minimum spaces is met.

4. Provide evidence that required vehicle electric charging stations will be provided. REQUESTED WAVIERS & VARIANCES – PRELIMINARY AND FINAL MAJOR SITE PLAN

Waivers are being requested for the following checklist submission requirements/design exceptions:

a. Provision of a denial letter from the Zoning Officer. I recommend approval of this waiver.

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b. Size requirements of the Engineering, Architectural, and Landscape plans. I recommend approval of this waiver.

c. Provision of a colorized rendering. I recommend approval of this waiver as the architectural package provided has many renderings of the proposed site.

d. Required number of copies of the title reports/restrictions on the property. I recommend approval of this waiver.

e. Design exceptions requested from Section 2.6 “Other Regulations/Design Standards” of the Redevelopment Plan regarding lighting. As explained within the application documents and shown on the plans, there are several deviations along the property lines due to the shape of the property irregularity in which the maximum illumination levels are exceeded. The applicant has demonstrated that they have proposed lighting as to eliminate “dark corners” and to provide pathway lighting for pedestrians. I find that the exception from the lighting requirements will not have a negative impact on the adjacent properties and I recommend approval of the lighting design exception.

f. Design exceptions requested from Section 2.6 “Other Regulations/Design Standards” of the Redevelopment Plan regarding signage. The applicant is proposing a building sign for building B2 which exceeds the maximum area of 30 square feet. This building signage is 220 square feet and along the easterly elevation, facing Avenue A. The applicant explains that this is a vertical sign with the “Bayview” logo, as the former shopping center was once known, and the location provides a unique opportunity to create a sense of place and community. This sign also faces the site access along Avenue A and is directly overhead the proposed plaza between buildings B1 and B2. The sign is designed in accordance with the “architectural scale and design” of building B2 and its placement and intent meet that of the redevelopment plan. I recommend approval of the signage design exception.

The Applicant is also seeking extended zoning protection due to the significant number of proposed dwelling units and non-residential floor area and the comprehensiveness of the proposed redevelopment project, with its extensive infrastructure and recreational and open space to be accessible to the public. The Applicant anticipates that this redevelopment will occur over several years and could be impacted over time by economic and emergent conditions. Therefore, the Applicant is seeking extended zoning protection for a period of 20 years from the date of the resolution adoption. I have no opinion on this matter, except to encourage the Board to obtain assurances that the phasing plan’s commitment to constructing most of the publicly accessible infrastructure in Phase 1 (e.g., roadways, utility, parking, parks, etc.) is satisfied, and that a robust easement/agreement is established between the Applicant (or other entity) and the City to ensure that future operation and maintenance of the publicly accessible infrastructure is guaranteed. No variances are being requested as part of this application.

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REQUESTED WAVIERS & VARIANCES – PRELIMINARY AND FINAL MAJOR SUBDIVISION Waivers are being requested for the following checklist submission requirements:

a. Provision of a denial letter from the Zoning Officer. I recommend approval of this waiver.

b. Providing information relative to utilities, grading, landscape, etc. I recommend approval of this waiver as this information is shown on the site plans.

c. Scale of 1” = 50’ to be used on the subdivision plat. I recommend approval of this waiver.

No variances are being requested as part of this application. TESTIMONY / DISCUSSION TOPICS

Matrix recommends that the Applicant provide testimony at the Planning Board Hearing with regards to the following topics.

1. General

The Applicant shall provide testimony concerning all comments referenced above. This may be covered by a blanket statement that the Applicant accepts the comments of the Engineer and Planner or may be addressed on an item-by-item basis.

2. Architecture

The Applicant shall provide testimony concerning the materials and amenities of the proposed buildings.

3. Signage

The Applicant shall provide testimony concerning the on-site signage regarding materials, placement, and sizing. The applicant shall also provide testimony on why the design exception for the sign sizing should be approved.

4. Rooftop Infrastructure

The Applicant shall provide testimony concerning the elevation, and visual impact, of any proposed rooftop infrastructure or appurtenances.

5. Refuse

The Applicant shall provide testimony concerning the proposed manner of refuse handling and storage.

6. Emergency Access

The Applicant shall provide testimony concerning the incorporation of emergency access within the site. In particular, the Applicant shall provide testimony that all proposed fire access routes and associated turning radii comply with the State of New Jersey Fire Access Code.

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7. Flood Resilience

The Applicant shall provide testimony concerning the flood resiliency of the design. 8. Public Transit

The Applicant shall provide testimony regarding the resident’s access to nearby public transit systems.

9. Pedestrian / Bicycle Access

The Applicant shall provide testimony regarding the pedestrian/bicycle access within the site.

10. ADA Compliance

The Applicant shall provide testimony regarding the proposed project’s ADA compliance.

11. Phasing / Timing

A phasing plan has been provided within the application documents. The Applicant shall provide testimony concerning the various phases of the work and estimated delivery timeframes, as well as assurance that adequate infrastructure will be developed in each phase to service the proposed improvements.

12. Public Improvements The Applicant shall provide testimony regarding the public improvements which are proposed within the site, and what entity will be responsible for their operation and maintenance in perpetuity. In particular, address the concern that individual development lots will be sold and that a single entity will need to survive those sales to own, operate and maintain the common infrastructure and publicly accessible open spaces and roads/streetscapes.

13. Bonus Density

The Applicant shall provide testimony concerning its intent to satisfy the bonus density requirements, and any contingency plans for the proposed redevelopment in the event that those requirements cannot be satisfied.

14. Public Open Space Programming The Applicant shall provide testimony concerning the programming and operation of the public open spaces, and how they envision managing and permitting events and other allowable uses.

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15. Traffic

The Applicant shall provide testimony concerning internal circulation, emergency vehicle access, parking, and off-site traffic impacts. Special attention shall be paid to the proposed new intersection/driveway at Avenue A. Applicant shall also provide testimony regarding the required provision of shuttle service and shall specify where proposed stops will occur (e.g., building lobbies, shelters, etc.), and provide additional information to determine if additional site accommodations for shuttle service are required (e.g., shelters, parking for shuttle vehicles, signage, etc.).

RECOMMENDATIONS FOR CONDITIONS OF APPROVAL & OUTSIDE AGENCY APPROVAL

Matrix recommends the following conditions of final approval. Evidence of compliance shall be provided by the Applicant to the City Engineer.

1. Satisfaction of all testimony, additional information, and plan revisions recommended herein.

2. Approval of the City of Bayonne Fire Official. 3. Hudson, Essex, Passaic, and Sussex County Soil Conservation Permit. 4. Posting of Performance Guarantees and Inspection Fees in the amount determined by the

City Engineer. 5. Review of the sanitary sewer and potable water utilities by the City Engineer and Suez. 6. NJDEP Sanitary Sewer Main Extension Permit 7. NJDEP Water Main Extension Permit 8. NJDEP Waterfront Development and Flood Hazard Area Control Act permit. 9. Executed Redeveloper Agreement 10. County Site Plan Approval or Statement of No Interest 11. Coordination with Bayonne Police Department’s Traffic Control Unit and submittal of

Maintenance and Protection of Traffic Plans for any proposed road closures or temporary traffic modifications.

12. Application to the City of Bayonne for Title 39 Enforcement of traffic and parking violations on Applicant’s property.

13. All other Federal, State and Local approvals as may be required. 14. Evidence of executed easements, licenses, or other agreements acceptable to the City of

Bayonne to ensure the public accessibility, operation and maintenance of private roads, streetscapes, open spaces, and public utilities in perpetuity.

15. Evidence of executed easements, licenses, or other agreements acceptable to the City of Bayonne for the Applicant’s proposed off-site construction on City property.

16. Evidence of executed easements, licenses, or other agreements necessary for the Applicant to construct and operate a grade crossing on Conrail property.

17. In the event that plans are modified to accommodate other regulatory authorities’ requirements, the Applicant shall submit revised plans and reports reflecting those changes. The Board and its professionals will make a determination as to how any changes’ revie and approval will be processed (e.g., administrative modification or formal site plan modification), which shall be a condition of resolution compliance.

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18. A requirement that, as a condition of Zoning Approval for any phase of the redevelopment, the Applicant provide the Zoning Officer with a status of the satisfaction of density bonus requirements.

END OF REPORT