More than two years after presenting a concept plan for 174 units across the river from downtown, a developer has secured a Flood Hazard Area (FHA) permit waiver through a settlement with the state Department of Environmental Protection (DEP) and the city.

City Council unanimously adopted a resolution (AR-202-19) during its regular meeting on Sept. 9, authorizing the settlement between DEP, Tesla Redevelopment and the city.

Two years ago, Tesla Redevelopment proposed a concept plan for 174 apartments within two buildings along Essex and Bridge streets and Clarkson Place. City Council adopted a resolution in early 2018 endorsing Tesla’s application to DEP for the FHA permit waiver.

The two-building project, tentatively named Bridgeview, would encompass five existing lots occupying about half of the block surrounded by Clarkson Place, Essex, Monroe and Bridge streets, adjacent to a PSE&G substation. The entire block is situated within the Central Business District Redevelopment Plan (CBD-3 Subdistrict).

One building would include 110 units and front Bridge Street and Clarkson Place, with a recessed top floor to accommodate outdoor space for the units. A second building would have 64 units along Essex Street, essentially replacing the Rahway Electric Supply building. The units would be a mix of approximately 60 percent one-bedrooms (about 104) and 40 percent two-bedrooms (about 70), with some studio versions of both. There would be 140 parking spaces on the ground floor, including 77 spaces in one building and 34 in the other, in addition to 29 surface spaces between the two buildings.

About 11 months ago, the parties entered into alternate dispute resolution (ADR) on Oct. 9, 2018, followed by subsequent discussions and further required submissions, according to the resolution. Per the resolution, the city agrees to support the essential terms of the settlement required by Tesla Redevelopment, LLC, as outlined in “Exhibit A.”

The DEP was satisfied, based on a hydraulic study conducted in May, that principal flooding influence on the floodplain of the Rahway River impacting the property in question is tidal, a “consequence of which the fill limitations do not apply,” according to the resolution.

The permit will include conditions for the submission of the following prior to construction, according to the resolution:

• Details of proposed lobby and access from parking garage, which indicate the finished floor elevation of said areas.
• Details of any wet floodproofing measures being proposed, including finished floor elevation of said areas and specific details of proposed wet floodproofing measures and proposed dry floodproofing measures.
• Calculations indicating that proposed dry floodproofed buildings can withstand hydrostatic forces associated with flooding up to a depth of up 1 foot above the flood hazard area design flood elevation.