All sections of the Land Subdivision Ordinance and Zoning Ordinance[1] or any other ordinance of the City of East Orange which
contains provisions contrary to the provisions of this chapter shall
be and are hereby, to the extent of such inconsistency, repealed.
The City Council of the City of East Orange may from time to
time on its own motion, on recommendation from the Planning Board
or upon petition from property owners, after public notice and hearing
in accordance with law, amend, supplement or change the regulations
and districts herein established and adopt rules and regulations for
the purpose of interpreting and carrying out this chapter.
A.
Prior to the public hearing on adoption of any amendment falling within the purview of N.J.S.A. 40:55D-26, the City Council shall refer any such proposed amendment to the Planning Board pursuant to § 51-11 of this chapter and N.J.S.A. 40:55D-28 of the Municipal Land Use Law.
B.
A protest against any proposed amendment or revision of a zoning
ordinance may be filed with the City Clerk, signed by owners of 20%
or more either of the area of the lots or land included in such proposed
change or of the lots or land extending 200 feet in all directions
therefrom, inclusive of street space, whether within or without the
municipality. Such amendment or revision shall not become effective
following the filing of such protest except by the favorable vote
of 2/3 of all the members of the City Council subsequent to referral
to the Planning Board.
C.
The passage and taking effect of amendments to this chapter shall
not abate or prevent the continuance of any proceedings instituted
under the chapter hereby revised and amended, nor abate or prevent
any proceedings or prosecutions for violations of said chapter which
is hereby revised and amended.
The Municipal Land Use Law of the State of New Jersey, N.J.S.A.
40:55D-1 et seq., shall determine the status of pending applications.
The Municipal Land Use Law of the State of New Jersey, N.J.S.A.
40:55D-21 et seq., shall determine the tolling of running of periods
of approval.
The following schedule of fees is hereby adopted as a part of
this chapter:
|
Type of Application
|
Fee
| ||
|---|---|---|---|
|
Rezoning request
|
$1,000
| ||
|
Redevelopment plan amendment request
|
Fee specified in the applicable redevelopment plan; $1,000,
if no fee specified
| ||
|
Concept plan:
| |||
|
Minor subdivision/site plan
|
$250
| ||
|
Major subdivision/site plan
|
$500
| ||
|
Sign plan:
| |||
|
Nondigital signs only:
| |||
|
Display area of up to 50 square feet
|
$50
| ||
|
Display area of 50 square feet or more
|
$75
| ||
|
Freestanding signs taller than 3 feet
|
$150
| ||
|
Subdivision application:
| |||
|
Minor subdivision
|
$300
| ||
|
Preliminary and final major subdivision
|
$500, plus $30 per lot
| ||
|
Site plan application:
| |||
|
Minor site plan
| |||
|
Nonresidential uses
|
$500
| ||
|
Preliminary and final major site plan:
| |||
|
Nonresidential uses
|
$750, plus $10 per 1,000 square feet floor area
| ||
|
Residential uses
|
$750, plus $10 per dwelling unit
| ||
|
Mixed use
|
$750, plus $10 per dwelling unit plus $10 per 1,000 square feet
of nonresidential floor area
| ||
|
Appeals/interpretations (in accordance with N.J.S.A. 40:55D-70a
or 40:55D-70b)
|
$500
| ||
|
Conditional uses
|
$500
| ||
|
Use variance including height, FAR, or density (in accordance
with N.J.S.A. 40:55D-70d)
|
$800 per project
| ||
|
Bulk variance (in accordance with N.J.S.A. 40:55D-70c)
|
$200 per project or $75 per individual bulk variance, whichever
is greater
| ||
|
Miscellaneous
|
Fee
| |
|---|---|---|
|
Requested special meeting
|
$2,000, paid prior to commencement; when two or more hearings
are conducted at the special session, the fee shall be prorated among
the applicants based on hearing duration.
| |
|
Transcript cost
|
In full, but not more than the maximum permitted in N.J.S.A.
2B:7-4.[1]
| |
|
Transcript copies
|
Per OPRA requirements; see N.J.S.A. 47:1A-1 et seq.
| |
|
Minute copies
|
Per OPRA requirements; see N.J.S.A. 47:1A-1 et seq.
| |
|
Document retrieval fee
|
Established by City Clerk
| |
|
City Council appeals
|
$600
| |
|
Publication of decisions costs
|
$100
| |
|
List of property owners within 200 feet
|
$0.25 per name or $10, whichever is greater
| |
|
Extension of subdivision, site plan or variance approval
|
$300 per application
| |
|
Contractor certification fee; contractor recertification fee
|
To be determined by Building Department
| |
|
Certificate of occupancy
|
To be determined by Building Department
| |
|
Zoning information request
|
$25 per site
| |
|
Zoning reports:
| ||
|
Unimproved land
|
$5
| |
|
1- to 3-family houses
|
$10
| |
|
Other property up to assessed value of $1 million
|
$10 or 0.01% of assessed value thereof, whichever is greater
| |
|
Other property of assessed value over $1 million
|
$250 plus 0.005% of assessed value over $1 million
| |
|
Zoning permit:
| ||
|
Residential structure with 1 to 4 dwelling units
|
$50
| |
|
Residential structure(s) with 5 or more dwelling units
|
$75
| |
|
Commercial use(s) or mixed uses
|
$100
| |
|
Copy of Master Plan
|
$100
| |
|
Copy of Zoning Map
|
$3
| |
|
Copy of Summary of District Regulations
|
$3
| |
|
Copy of Master Plan Reexamination Report
|
$50
| |
|
Copy of Redevelopment Area Investigation Report
|
$50
| |
|
Copy of Redevelopment Plan
|
$50
| |
|
Copy of Chapter 51, Land Use Ordinance
|
$30
| |
|
Copy of Planning Study/Analysis
|
$35 per study
| |
|
Copy of Retail Market Analysis
|
$25
| |
|
Copy of Housing Market Analysis
|
$25
| |
A.
Escrow deposits for professional services.
(1)
The reviewing board shall require fees for technical and/or professional
services and testimony employed to the board in reviewing an application,
including the review services of the Director of Public Works, City
Planner, Board Attorney, Board Consultant, any other City official
and such other experts as may be deemed necessary (i.e., traffic,
environmental, soils, etc.).
(2)
Fees for technical and professional services shall be in addition
to any and all other required fees.
B.
Applicants required to submit escrow deposits; exemptions.
(1)
Applications involving one single-family dwelling on a single lot,
a subdivision not involving the creation of additional lots, or a
site plan only involving a change in use shall be exempt from the
payment of escrow deposits upon review by the Administrative Officer.
This exemption shall be void and escrow fees shall be paid in the
event that it is necessary to hold more than two hearings on the application
or if the application is for the same site as a prior application
made to either Board within the prior two years.
(2)
When the Administrative Officer determines that the application will
serve a public purpose and promote the public health, safety and welfare,
the following applicants shall submit 50% of the required escrow deposit:
C.
Submission of escrow deposits.
(1)
The applicant shall submit the required escrow deposit to the Administrative
Officer prior to the application being reviewed for completeness.
No application shall be determined complete, reviewed by professional
staff or placed on the agenda for public hearing until the required
escrow deposit is paid.
(2)
Required escrow deposits shall be in the form of a money order or
certified check payable to the City of East Orange.
D.
Escrow for informal review.
(1)
Whenever an applicant requests an informal review of an application
for development involving technical or professional advisors, an escrow
deposit shall be required in accordance with the schedule for formal
applications. The deposit must be received prior to professional review.
(2)
Any escrow deposit received for informal review shall be credited
to the required escrow deposit for formal applications. The cost for
professional services involved in the informal review shall be considered
part of the formal application review and charged to the escrow account.
E.
Schedule of required fees for escrow deposits.
(1)
The following sums are required to be deposited in an escrow account
for applications to the Planning Board and/or Board of Adjustment:
|
Type of Application
|
Escrow Deposits
| |||||
|---|---|---|---|---|---|---|
|
a.
|
Variances under N.J.S.A. 40:55D-70d not requiring site plan
or subdivision approval (use, etc.)
|
$1,000
| ||||
|
b.
|
Conditional use approval
|
$1,000
| ||||
|
c.
|
Site plan applications
| |||||
|
[1]
|
Residential site plans:
| |||||
|
Minor residential site plan for 1 single-family dwelling
|
$250
| |||||
|
Residential site plan, preliminary approval:
| ||||||
|
0 to 10 units
|
$2,500
| |||||
|
11 to 50 units
|
$5,000
| |||||
|
51 to 100 units
|
$15,000
| |||||
|
Over 100 units
|
$20,000
| |||||
|
Final approval:
|
33% of preliminary approval
| |||||
|
[2]
|
Nonresidential site plans:
| |||||
|
Small project involving less than 2,000 square feet in gross
floor area and no change in building code use classification as determined
by Construction Official
|
$250
| |||||
|
Small project involving less than 2,000 square feet in gross
floor area and change in building code use classification as determined
by Construction Official
|
$500
| |||||
|
Preliminary approval:
| ||||||
|
With principal buildings over 2,000 square feet of gross floor
area (gfa):
| ||||||
|
2,001 to 5,000 square feet gfa
|
$2,500
| |||||
|
5,001 to 25,000 square feet gfa
|
$10,000
| |||||
|
25,001 to 100,000 square feet gfa
|
$15,000
| |||||
|
Over 100,000 square feet gfa
|
$25,000
| |||||
|
Without principal buildings over 1,000 square feet of gross
floor area (gfa):
| ||||||
|
Lot area up to 1 acre
|
$5,000
| |||||
|
1 acre to 5 acres
|
$10,000
| |||||
|
6 acres to 10 acres
|
$20,000
| |||||
|
Over 10 acres
|
$30,000
| |||||
|
Final approval
|
33% of preliminary approval
| |||||
|
d.
|
Subdivision applications (fees shall be in addition to any required
variances)
| |||||
|
Minor subdivision
|
$250
| |||||
|
Major subdivision (over 3 lots):
| ||||||
|
Preliminary approval
|
$5,000
| |||||
|
Final approval
|
$1,500
| |||||
|
e.
|
Rezoning requested by developer
|
$3,000
| ||||
|
f.
|
Redevelopment plan amendment requested by developer
|
$3,000
| ||||
(2)
All applications not specifically noted or excluded above shall be
accompanied by an escrow fee of $250.
(3)
The above schedule is intended to cover the estimated costs for professional
services related to the application. In the event that the balance
in any escrow account falls to a point where it is expected that it
will be insufficient to cover anticipated costs, the applicant will
be required to provide additional funds. Failure to provide these
funds may be used as a basis to discontinue further action on the
application.
F.
Review of escrow deposit amount.
(1)
Prior to making a determination of completeness upon any application,
the board shall review said application to determine whether the escrow
amount set forth above is sufficient. If the amount set forth is determined
insufficient by the reviewing board to cover professional costs anticipated
for the application, additional funds in the amount of 33 1/3%
of the initially required escrow fee shall be deposited by the applicant
prior to declaring the application complete. The application shall
not be declared complete or placed on the agenda for public hearing
until such additional escrow deposit is received.
(2)
Further additional escrow deposit fees may be required at any time
upon determination by the reviewing board. All approvals shall be
conditional upon receipt of such additional fees deposited by the
applicant in increments of 1/3 of the initially required escrow fee,
when and as determined necessary by the reviewing board.
G.
Appeal of escrow deposit. In the event that the applicant believes
the escrow deposit to be unreasonable, the Planning Board or the Board
of Adjustment shall hear and decide whether such fees are reasonable,
and the applicant may appeal the decision of the Planning Board or
Board of Adjustment to the governing body, provided that the applicant
shall provide the governing body such transcripts of the Planning
Board or Board of Adjustment hearing on fees at his cost, and such
hearing shall be on record. The governing body shall set a hearing
date, with notice to all parties, and the applicant shall provide
a court-certified stenographer to record said hearing. The governing
body may reverse a Planning Board or Board of Adjustment decision
only if the Board's decision is not sustained by the preponderance
of the evidence.
H.
Escrow accounts over $5,000; conditions. Whenever an amount of money
in excess of $5,000 shall be deposited by an applicant with the municipality
for professional services employed by the municipality to review applications,
the money, until repaid or applied to the purposes for which it is
deposited, including the applicant's portion of the interest earned
thereon, except as otherwise provided for herein, shall continue to
be the property of the applicant and shall be held in trust by the
municipality. Money deposited shall be held in escrow. The municipality
shall deposit it in a banking institution or savings and loan association
in this state insured by an agency of the federal government or in
any other funds or depository approved for such deposits by the state
in an account bearing interest at the minimum rate currently paid
by the institution or depository time on savings deposits. The municipality
shall notify the applicant, in writing, of the name and address of
the institution or depository in which the deposit is made and the
amount of the deposit. The municipality shall not refund an amount
of interest paid on a deposit which does not exceed $100 for the year.
If the amount of the interest exceeds $100, that entire amount shall
belong to the applicant and shall be refunded to him by the municipality
at the time the deposit is repaid or applied to the purpose for which
it was deposited, as the case may be; except that the municipality
will retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount which shall be in lieu of
all other administrative and custodial expenses.
I.
Accounting of escrow deposits. In the event that any applicant desires
an accounting of the expenses or fees paid by him for professional
review, he shall request such in a letter directed to the Secretary
of the Planning Board or Board of Adjustment. The applicant shall
be responsible for any costs incurred by the Planning Board or the
Board of Adjustment in having its professional and administrative
staff prepare an accounting of the fees expended. Such additional
amount as may be required for said accounting shall be paid to the
Planning Board or Board of Adjustment prior to issuance of a certificate
of occupancy in the event that there are insufficient escrow funds
to pay for said accounting.
J.
Refunds. All escrow funds described herein shall be utilized by the
appropriate board to pay the cost of any technical and/or professional
services incurred by the board for review and/or testimony in connection
with the particular application. All funds not expended shall be refunded
to the applicant within 60 days after the final determination by the
appropriate board with respect to such application. No amount shall
be refunded prior to certification by the Board Secretary that said
application has been finally determined.
[Added 6-10-2024 by Ord.
No. 13-2024]
A.
Where a) the City has designated a rehabilitation area or a redevelopment
area, pursuant to the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq., and has adopted a redevelopment plan for such area,
or b) where a low- or moderate-income housing project is proposed,
the City Council hereby authorizes the Mayor or his designee, in consultation
with Director of Policy, Planning and Development, Redevelopment Counsel
and Corporation Counsel, to negotiate and execute an escrow agreement
to offset any and all professional or out-of-pocket costs incurred
by the City with respect to the review of any such proposed project
and the negotiation of one or more agreements associated with the
project (the "escrow agreement"). Entry into an escrow agreement shall
not assure any prospective developer of any particular result and
shall not bind the City to enter into any potential redevelopment
agreement, tax agreement, financial agreement, or any other agreement
related to the proposed redevelopment project. The Director of the
City's Finance Department will establish the escrow account (the
"escrow account"). The escrow deposit will be held by the City of
East Orange's Finance Department, for the Department of Policy,
Planning and Development, and disbursed, pursuant to an escrow agreement.
B.
Upon submission of appropriate vouchers or statements, the Director
of Finance of the municipality, or his/her designee, shall make all
of the payments of expenses/fees to professionals for services rendered
to the municipality and shall keep a record of same for the purpose
of monitoring and maintaining escrow deposits.
[Added 6-10-2024 by Ord.
No. 13-2024]
Potential redevelopers shall be required to make payments to
the escrow account to cover the City's costs and expenses related
to their project. The Mayor or his designee is authorized to determine
the total amount of escrow funds to be first deposited into the escrow
account (the "deposit"), as set forth as follows:
A.
Residential projects.
|
Number of Residential Units
|
Deposit
|
|---|---|
|
10 units or less
|
$2,500
|
|
11 to 25 units
|
$5,000
|
|
26 to 50 units
|
$7,500
|
|
51 to 100 units
|
$10,000
|
|
In excess of 100 units
|
$20,000
|
B.
Nonresidential projects.
|
Building Square Footage
|
Deposit
|
|---|---|
|
Under 2,000 square feet
|
$2,500
|
|
2,001 to 5,000 square feet
|
$5,000
|
|
5,001 to 10,000 square feet
|
$7,500
|
|
10,001 to 20,000 square feet
|
$10,000
|
|
In excess of 20,000 square feet
|
$20,000
|
C.
Mixed-use projects deposits will be determined by calculating the
residential deposit and nonresidential deposit as set forth above.
The applicant shall pay whichever is greater.
D.
The amount to be replenished shall occur when and as often as may
occur that the escrow account is drawn down to or below half of the
deposit amount. The prospective redeveloper shall be notified and
shall within 10 days of the notification provide an additional amount
sufficient to replenish the escrow account to the amounts set forth
in this section.
A.
Sign permit required. Except as hereinafter provided, it shall be
unlawful for any person, firm or corporation to erect, place, replace
or relocate any sign within the City of East Orange without first
obtaining a sign erection permit from the Construction Official. Signs
shall be a component of site plans subject to approval by the Planning
Board or Zoning Board of Adjustment. All other signs shall be subject
to the approval of the Zoning Officer within 10 business days, based
upon compliance with applicable standards. The Construction Official
shall issue a sign erection permit only for such signs as are approved
by the Zoning Officer. Exempt from this provision is the installation
of political lawn signs limited in size to four square feet per side
placed within 120 days of the affected election.
B.
Sign permit procedure.
(1)
Applications for sign erection permits shall be made on forms provided
by the Zoning Officer in accordance with the procedure summarized
in Diagram 51-58.1 below. Such forms shall contain or have attached
thereto the following information:
(a)
The name and address of applicant.
(b)
The plot plan showing the location and size of the property,
the location of buildings thereon and the location of the proposed
sign(s).
(c)
A series of color photographs showing the facade of the property
at which the sign(s) will be located and including all properties
within 200 feet of the property line. Photographs shall be of sufficient
resolution and detail for all signs to be identifiable and legible.
(d)
A reasonably accurate sketch or blueprint indicating the appearance
of the proposed sign or signs (size, material, color, lighting, area
and direction of illumination and the lumen power).
(e)
Location of any proposed or existing signs on the building facade,
if applicable.
(f)
The written consent of the owner or lessor of the premises.
(g)
Such other information as the Zoning Officer may reasonably
require.
(3)
Shopping centers, or any commercial structure that is new, subdivided
for more than one commercial tenant, or seeking permits for exterior
remodeling or upgrades, are also required to submit a sign guideline
package and elevation drawings, showing the following:
A zoning permit shall be required for all new tenancies before
occupying any nonresidential building or nonresidential tenant space
and shall be required before any building permit can be issued. A
zoning permit application form shall be prepared by and made available
from the Zoning Officer. The Zoning Officer shall grant or deny a
zoning permit within 10 business days from the receipt of a complete
zoning permit application. If the Zoning Officer fails to act within
this time period, the failure shall be deemed to be an approval of
the application for a zoning permit.
A.
Except for applications for minor repairs, as defined by the Uniform
Construction Code, no construction permit or certificate of occupancy
shall be issued unless a zoning permit has been obtained from the
Zoning Officer.
B.
Required inspection. Inspection of the subject premises prior to
issuance of a zoning permit shall be at the discretion of the Zoning
Officer.
C.
Zoning permit exceptions. Pursuant to the above, all applicants for
building permits shall apply for a zoning permit. Notwithstanding
the foregoing to the contrary, the following items shall not be subject
to a zoning permit:
(1)
Replacement roofing.
(2)
Replacement siding.
(3)
Replacement windows and doors, where there is no change in glazing
area or opening size.
(4)
Replacing chimneys and chimney liners, where a new chimney is the
same size and material as the original.
(5)
Interior oil tank replacement.
(6)
Furnace/boiler replacement.
(7)
Garage door replacement, same size.
(8)
Replacement bathroom fixtures.
(9)
Replacement floors/ceilings.
(10)
Replacement kitchen cabinets/fixtures/appliances.
(11)
Installation of radon mitigation systems (interior systems only).
(12)
Installation of commercial carpet for nonresidential uses.
(13)
Minor work or ordinary maintenance as defined by the Uniform
Construction Code, N.J.A.C. 5:23-1 et seq.
(14)
Interior electrical work.
