Conditional Use Ordinance 2015-26 Suspect Illegalities. RC Retail First ever in Parsippany, There is a Santa Claus for RD.

Civilization is the steady improvement of society; and then god created Parsippany

Ordinance 2015:26 Article XLIX, RC Planned Retail/Commercial District. If RD, Burgis Associates and Inglesino’s firm created this 2015:26, in light of the Aurora Scandal, how can we trust this new choice of zoning, after grassroots accomplishments of the NO vote to RD at waterview; and Public Housing being used as a fear tactic, with little validity to sustain it other than fear and misinformation promoted by all the above parties? All this subverted the grassroots accomplishments of this decision, to a choice amounting to Black Mail.

Issues of suitability of proper landuse by the courts concerning public housing, builders remedy, have not been decided; however certain landscape are not suitable, especially ones like waterview landscape, because of its environmental and community values and its location with the community. Any honest due diligence would of made this transparent. Instead Parsippany openly supported an unneeded developer’s private economic concern, over the public’s best interest and environmental values. Almost every objective and goal of our Home Rule Master Plan is being subverted for what our Planning Board calls minor adjustments in the master plan.

1. Who exactly created this ordinance; without public participation or transparency. It could contain conditional illegalities that will come back to haunt us. Conditional Use Ordinances that do not provide for sufficiently definite specification and standards or are not sufficiently certain are not valid conditional use regulations; and should be suspect of conditions of legality.

2. It is obvious it needs more specifics; especially with the open space and the encompassing stormwater and buffers; so called open space, lighting, who exactly will maintain the swales; Parks & Forestry, Sanitation & recycle, the associated new RC residents?

3. New Environmental impact study especially concerning unconsolidated soils and tree loss on the water recharge and ability to retain water in a flood prone area..

4. Will the open space and environmental committees examine and report (if not suggest ban both committees as they are not worth any expense and are purely cosmetic). (We should however invoke the transparency committee).

5. Report of the effect, supply and demand of the water resources as new developments demand; and transparent to the public.

6. If and when another flood event occurs; who will bear the responsibility of the impacts caused by the additional man-made additional impacts of the flooding? Both the RC zone and the UPS office complex are with Flood Prone areas.

7. No obvious website posting of this New Ordinance is available and obvious on the Parsippany Website 2015:26 why is that?

8. If the Ordinance is new it must remain open to more public scrutiny and required improvements of the highest standards; and this must be encouraged by the town outside the norm. The Open Space and Environmental Committees must play a role. How about this for an example of a possibility? Let’s keep the stars in the sky in Parsippany and the surrounding areas the issue of light pollution in the new RC Zone.

· Lighting Ordinance From International Dark Skys Association; You can find this on line, If you accept this new RC Zone then make it work for you....

· The use of five lighting zones to classify land use with appropriate lighting levels for each. Zones range from LZ0, designed for pristine natural environments and limited outdoor lighting, to LZ4, for limited application in areas of extensive development in the largest cities

· Limits on the amount of light used for each property

· Use of the IES’s TM-15-11 “BUG” (Backlight, Uplight and Glare) classification of outdoor lighting fixtures to ensure that only well-shielded fixtures are used. No uplight for area and street lighting is allowed in any zone

Our Goals and Objectives 1-12 you will see the term buffer used in various contexts and maintaining community and neighborhood character. However Open Space tax dollars will be used for what a developer could have dedicated or have been made by law to provide, instead another suspected illegality is occurring under a private deal in where a so-called buffer required by law is being called; transformed into open space. A $3.5 million dollar kickback, for all the trouble RD had to go through to subvert our Master Plan and the New Jersey Municipal Land Use Law and Statues.

We all have been doped; Citizens should not give in and would have good standing in any court of law. The next step will be for RD and Burgis Associates to attempt a fast-track and streamlined approach to avoid of this this democratic scrutiny. Climate change is real in Parsippany and it is man-made...