[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The regulations, limitations and restrictions of this chapter, including
the Zoning Map, may be amended, revised, modified or repealed by the
governing body after a public hearing in accordance with the provisions
of this chapter and N.J.S.A. 40:55D-26.
B.
No amendment or revision shall become effective unless the ordinance
containing such amendment shall first have been submitted to the Planning
Board for review and recommendation. The Planning Board shall have
a reasonable amount of time, not to exceed 35 days, for consideration
and report. The City Council shall review the report of the Planning
Board and may disapprove or change any recommendation by a vote of
a majority of its full authorized membership and shall record in its
minutes the reasons for not following such recommendation. Failure
of the Planning Board to transmit its report within the thirty-five-day
period provided herein shall relieve the City Council from the requirements
of this article in regard to the proposed development regulation revision
or amendment thereto referred to the Planning Board.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Municipal. A copy of this chapter and any revisions or amendments
thereto shall be filed and maintained in the office of the City Clerk.
B.
County. This chapter or any revisions or amendments thereto shall
not take effect until a copy thereto shall be filed with the Essex
County Planning Board. The Secretary of the County Planning Board
shall, within 10 days of the date of receipt of written request for
copies of this chapter, make said copies available to the party so
requesting, with said Secretary's certification that said copies are
true copies and that all filed amendments are included.
[Amended 11-4-2020 by Ord. No. 48-2020]
A protest against any proposed amendment or revision of a zoning
ordinance may be filed with the City Clerk, signed by the 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
city. Such amendment or revision shall not become effective following
the filing of such protest except by the favorable vote of 2/3 of
all members of the City Council.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any development application classified as a major subdivision,
major site plan, planned residential development and the Transit Village
Overlay District (TVO Zone) of the City of Orange Township shall be
accompanied by the following:
A.
A fiscal impact statement describing the anticipated demand on municipal
and school district services, including a projection of tax revenues
and/or PILOT revenues generated and costs incurred to the Township
and the school district following completion of development. The fiscal
impact statement shall be filed with the City of Orange Township no
less than four weeks before any official action is taken by the City
Council, the Planning Board, or the Board of Adjustment as the case
may be. The fiscal impact statement shall include, but not be limited
to, the following:
(1)
Population determinant - Estimates of the number of school age
children and senior citizens based upon housing type as well as number
of bedrooms.
(2)
Cost of providing municipal and school services to the new development.
(3)
Projections of the potential revenues to be produced by the
project including property tax, PILOT revenues development fees, building
fees and sewer connection fees.
(4)
Comparisons and conclusions based upon revenue and costs.
[Amended 11-4-2020 by Ord. No. 48-2020]
All ordinances or any part of any ordinance or regulation inconsistent
with the provisions of this chapter are hereby repealed. The adoption
of this chapter, however, shall not abate or prevent the continuance
of any proceedings instituted under the ordinance of which this chapter
is a revision nor abate or prevent any proceedings or prosecution
for offense heretofore committed in violation of this chapter and
other ordinances of which this chapter is a revision. Nothing herein
shall be deemed to change the status of nonconforming uses heretofore
created by virtue of the prior Zoning Ordinance or amendments thereof,
it being the intent that this revision shall not supersede said ordinance
or amendments thereof but that said ordinance and amendments and this
revision shall constitute a continuing body of law.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
$2,000 and/or daily fines not more than $500 a day.
[Amended 11-4-2020 by Ord. No. 48-2020]
There is hereby established pursuant to P.L. 1975, c. 291, in
the City of Orange Township, a Planning Board of nine members and
two alternate members, consisting of the following four classes:
A.
Class I: The Mayor.
B.
Class II: One of the officials of the municipality, other than a
member of the governing body, to be appointed by the Mayor, provided
that if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board, as required
by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning
Board member, if there are both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
C.
Class III: A member of the governing body, to be appointed by it.
D.
Class IV: Six other citizens of the municipality, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Zoning Board
of Adjustment, and one may be a member of the Board of Education.
A member of the Environmental Commission who is also a member of the
Planning Board, as required by N.J.S.A. 40:56A-1, shall be a Class
IV Planning Board member, unless there are among the Class IV members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
E.
Alternate members: Alternate members shall be designated at the time
of appointment as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two years, except that the terms
of the alternates shall be such that the term of not more than one
alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The term of the member composing Class I shall correspond to his
official tenure. The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or a Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of this term of office as a member of the Environmental
Commission, whichever comes first.
B.
The term of a Class IV member who is also a member of the Board of
Adjustment or the Board of Education shall terminate whenever he is
no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first.
C.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such terms shall be evenly distributed over the
first four years after their appointment, as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years and, further, provided that nothing herein
shall affect the term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the term
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years, except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
[Amended 11-4-2020 by Ord. No. 48-2020]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment, as above provided, for
the unexpired term. Any member other than a Class I member, after
a public hearing, if he request one, may be removed by the governing
body for cause.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Planning Board shall elect a Chairman and Vice Chairman
from the Class IV members and select a Secretary, who may be either
a member of the Planning Board or a municipal employee designated
by it.
[Amended 11-4-2020 by Ord. No. 48-2020]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Board shall adopt such rules as may be necessary to carry
into effect the provisions and purposes of this chapter. In the issuance
of subpoenas, administration of oaths and the taking of testimony,
the provisions of the County and Municipal Investigations Law of 1953
(N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following
powers and duties:
A.
To make and adopt and from time to time to amend a Master Plan for
the physical development of the city, including any areas outside
its boundaries which, in the Board's judgment, bear essential relating
to the planning of the city, in accordance with the provisions of
N.J.S.A. 40:55D-28 and 40:55D-13;
B.
To administer the land subdivision and site plan review provisions
of this chapter, in accordance with the provisions of the Municipal
Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.;
C.
To participate in the preparation and review of programs or plans
required by state or federal law or regulation;
D.
To assemble data on a continuing basis as part of a continuous planning
process;
E.
To, at least once every six years, prepare a program of municipal
capital improvement projects and amendments thereto and to recommend
the same to the governing body and to biennially review the proposed
capital improvements and amendments thereto;
F.
To consider and make report to the governing body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and alai)
to pass upon other matters specifically referred to the Planning Board
by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b;
G.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, but not a variance pursuant to Section 210-10.11D, the Planning Board shall have the power to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment;
H.
Variances pursuant to N.J.S.A. 40:55D-70c;
I.
Direction pursuant to N.J.S.A. 40:50D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:50D-32;
J.
Direction pursuant to N.J.S.A. 40:50D-36 for issuance of a permit
for a building or structure not related to a street;
K.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without subsequent approval detriment to the public good
and without substantial impairment of the intent and purpose of the
zone plan and Zoning Ordinance;
L.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers;
M.
To approve conditional use applications in accordance with the provisions
of this chapter pursuant to N.J.S.A. 40:55D-67;
N.
To grant and conduct, at the request of the developer, an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application for development. The
developer shall not be required to submit any fees for such an informal
review. The developer shall not be bound by any concept plan for which
review is requested, and the Planning Board shall not be bound by
any such review.
[Amended 11-4-2020 by Ord. No. 48-2020]
Whenever relief is requested pursuant to this subsection, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Minor subdivision. Minor subdivision approval shall be granted or
denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Otherwise, the Planning Board shall be deemed
to have granted approval. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval, unless within such
period a plat in conformity with such approval and the provisions
of the Map Filing Law or a deed clearly describing the approved minor
subdivision as is filed by the developer with the county recording
officer, Municipal Engineer and the Municipal Tax Assessor. Any such
plat or deed must be signed by the Chairman and Secretary of the Planning
Board before it may be filed with the county recording officer.
B.
Preliminary approval of major subdivisions. Upon submission of a
complete application for a subdivision of 10 or fewer lots, the Planning
Board shall grant or deny preliminary approval within 45 days of the
date of submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the subdivision.
C.
Preliminary site plan approvals. Upon submission of a complete application
for a site plan for 10 acres or less, the Planning Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan of more
than 10 acres, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
of the site plan.
D.
Final approval of site plans and subdivisions.
(1)
Application for final subdivision or site plan approval shall
be granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
Otherwise, the Planning Board shall be deemed to have granted final
approval.
(2)
Final approval for a major subdivision shall expire 95 days
from the date of signing of the plat, unless within such period the
plat shall have been duly filed by the developer with the county recording
officer. The Planning Board may, for good cause shown, extend the
period for recording for any additional period not to exceed 190 days
from the date of signing the plat.
(3)
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, as set forth in Section 210-9.7G, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the request of the applicant.
(4)
Failure to act within prescribed period. Failure of the Planning
Board to act on any application for development within the period
prescribed shall constitute development approval, and a certificate
of the Secretary as to the failure of the Planning Board to act shall
be issued on request of the applicant.
(5)
If there is not a member of the Board of Education on the Planning
Board, then all requests for approvals under this section which add
10 or more dwelling units shall be submitted to the Board of Education
for review as soon as possible after receipt of same by the Secretary
of the Planning Board, to determine what impact, if any, the requested
application will have upon their Board of Education's development
plans; provided, however that in no event shall the approval of the
Board of Education be required to approve any Planning Board application.
[Added 6-20-2000 by Ord.
No. 14-2000]
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins or
public areas within the proposed development, before approving a subdivision
or site plan, the Planning Board may further require that such streets,
ways, basins or areas be shown on the plat in locations and sizes
suitable to their intended uses.
B.
The Planning Board may reserve the location and extent of such streets,
ways, basins or areas shown on the plat for a period of one year after
the approval of the final plat or within such further time as may
be agreed to by the developer. Unless during such period or extension
thereof the municipality shall have entered into a contract to purchase
or institute condemnation proceedings according to law for the fee
or a lesser interest in the land comprising such streets, ways, basins
or areas, the developer shall not be bound by such reservations shown
on the plat and may proceed to use such land for private use in accordance
with applicable development regulations.
C.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
D.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, the case may be, caused by the reservation.
The municipality shall provide, by ordinance, for a procedure for
the payment of all compensation payable under this section.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval or preliminary site plan approval, shall
have the power to grant such exceptions from the requirements for
such approval as may be reasonable and within the general purpose
and intent of this chapter if the literal enforcement of one or more
provisions of this chapter is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
[Amended 11-4-2020 by Ord. No. 48-2020]
There is hereby established a Site Plan Review Committee consisting
of the following members as hereinafter provided:
A.
Two Class IV members of the Planning Board to be appointed by the
Chairperson of the Planning Board.
B.
Class III members of the Planning Board.
C.
One member of the Zoning Board of Adjustment to be appointed by the
Chairperson of the Zoning Board of Adjustment.
D.
Consulting Engineer for both Planning and Zoning Boards.
E.
Principal Planner for the City of Orange Township who will also serve
as Secretary.
F.
Zoning Officer.
G.
One alternate Class IV member of the Planning Board to be appointed
by the Chairperson of the Planning Board and serve only in the absence
of either a Class III or IV member of the Planning Board.
[Amended 11-4-2020 by Ord. No. 48-2020]
The term of all members shall be for one year, running from
January 1 of the year of their respective appointments. In the case
of City of Orange Township officials, their terms shall run concurrently
with the official position.
[Amended 11-4-2020 by Ord. No. 48-2020]
One of the Class IV members of the Planning Board shall serve
as Chairperson of the Site Plan Review Committee and shall be elected
at the annual organization meeting of the committee.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Site Plan Review Committee shall have the following duties:
A.
To acquaint the applicant with the substantive and procedural requirements
of this chapter.
B.
To provide for an exchange of information regarding the proposed
development plan and applicable elements of the master plan, this
chapter and other development requirements.
C.
To advise the applicant of any public sources of information that
may aid the application.
D.
To otherwise identify policies and regulations that create opportunities
or pose significant constraints for the proposed development.
E.
To review any proposed concept plans and consider opportunities to
increase development benefits and mitigate undesirable project consequences.
F.
To permit input into the general design of the project.
G.
To assist in determining the completeness of an application.
H.
To solicit and review comments from Orange officials and agencies.
I.
To approve change of use applications, provided that the proposed
change of use is exempt from site plan requirements but otherwise
to act only in an advisory capacity with no power to approve, deny
or modify any portion of any other type of application for development.
J.
To informally review any application for development, except for
variances pursuant to N.J.S.A. 40:55D-70(d). However, the Committee
may review those portions of a use variance application involving
subdivision, site plan and design only, at the request of the applicant
or the Zoning Board of Adjustment.
K.
To review minor site plan applications and make written recommendations
to the Planning Board regarding formal action on such applications.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Site Plan Review Committee shall schedule regular meetings
not less often than once a month, and any meeting so scheduled shall
be held as scheduled unless canceled for lack of applications to review.
Special meetings may be held with the consent of a majority of the
members of the Site Plan Review Committee.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
A Zoning Board of Adjustment is hereby established which shall consist
of seven regular members and four alternate members. All members shall
be residents of the City of Orange Township. All regular members and
alternate members shall be residents of the City of Orange Township
and shall be appointed by the City Council. Alternate members shall
be designated at the time of their appointments as "Alternate No.
1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4."
B.
The terms of the members first appointed under this act shall be
determined so that to the greatest practical extent the expiration
of such terms shall be distributed in the case of regular members,
evenly over the first four years after their appointment and, in the
case of alternate members, evenly over the first two years of their
appointment provided that the initial term of no regular member shall
exceed four years and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of each regular member
shall be four years; the term of each alternate member shall be two
years.
C.
Alternate members may participate in discussions of the proceedings,
but they may not vote, except in the absence or disqualification of
a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
D.
Upon the receipt of notice of a voluntary vacancy by a member or
an involuntary vacancy by the secretary, the Council shall fill the
vacancy in the following manner as consistent with City Code and statute.
(1)
In the case of a regular vacancy the Council shall fill same
by elevating a current alternate member with the first preference
given to the person holding the appointment of "Alternate No. 1" and
thereafter following down to "Alternate No. 4."
(2)
Should none of the alternates accept the appointment, the Council
shall then upon the appointment to any other qualified individual.
(3)
In the case of an alternate member vacancy, the Council shall
fill this position by any qualified individual.
(4)
The Council shall endeavor to fill this vacancy by no later
than the second meeting of the Zoning Board of Adjustment after notice
of the vacancy is provided.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
A. No regular or alternate member of the Zoning Board of Adjustment
may hold any elective office or position under the municipality.
B.
Any regular or alternate member may, after public hearing, if he/she
requests it, be removed by the City Council for cause.
C.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Board of Adjustment shall elect a Chairman and a Vice Chairman
from its members and shall also select a Secretary, who may or may
not be a Board member or a municipal employee.
[Amended 11-4-2020 by Ord. No. 48-2020]
There is hereby created the office of Attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Municipal Attorney.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures,
which exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for its use.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Board of Adjustment shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-70 and 55D-76 and amendments and supplements
thereto and with the provisions of this chapter.
B.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board of Adjustment, including, not by way of
limitation, the authority, in connection with any case, action or
proceeding before the Board of Adjustment, to interpret and construe
the provisions of this chapter or any term, clause, sentence or word
thereof and the Zoning Map, in accordance with the general rules of
construction applicable to legislative enactments.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Appeals to the Board of Adjustment may be taken by any interested
party. Each appeal shall be taken within the 20 days prescribed by
the statute by filing a notice of appeal with the officer from whom
the appeal is taken and by filing 15 copies of said notice with the
Secretary of the Board of Adjustment. Said notice of appeal shall
specify the grounds for appeal. The officer from whom the appeal is
taken shall forthwith transmit to the Board of Adjustment all the
papers constituting the record upon which the action appealed from
was taken.
B.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer
shall be filed with the Secretary of the Zoning Board of Adjustment.
An original and 15 copies of the complete application shall be filed.
The applicant shall obtain all necessary forms from the Secretary
of the Zoning Board of Adjustment. The Secretary of the Board of Adjustment
shall inform the applicant of the steps to be taken to initiate proceedings
and of the regular meeting dates of the Board of Adjustment.
C.
Upon filing either an application or an appeal, the Secretary shall
furnish the applicant with a dated receipt for application or appeal,
which shall state merely that such application or appeal has been
filed with the Secretary.
D.
If an application for a variance is found to be incomplete, the applicant
shall be notified, in writing, of the deficiencies therein that make
the application incomplete by the Board's Secretary within 45 days
of such submission, or the application shall be deemed to be properly
submitted.
E.
An appeal stays all proceedings in furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whose action the appeal is taken certifies to the Board of Adjustment,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court,
upon notice to the officer from whom the appeal is taken and on due
cause shown.
F.
The developer may elect to submit a separate application requesting
approval of the variance and a subsequent application for any required
approval of a subdivision, site plan or conditional use. The separate
approval of the variance shall be conditioned upon grant of all required
subsequent approvals by the Board of Adjustment. No such subsequent
approval shall be granted unless such approval can be granted without
substantial detriment to the public good and without substantial impairment
of the intent and purpose of the Zone Plan and this chapter. The number
of votes of Board members required to grant any such subsequent approval
shall be as otherwise provided in the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.) for the approval in question.
[Amended 11-4-2020 by Ord. No. 48-2020]
In exercising the above-mentioned power, the Board of Adjustment
may, in conformity with the provisions of P.L. 1975, c. 291 or amendments
thereto or subsequent statutes applying, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
appealed from and make such other requirement, decision or determination
as ought to be made and, to that end, have all the powers of the administrative
officer from whom the appeal was taken.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment permitting the erection or alteration of
any structure or structures or permitting a specified use of any premises
shall expire by limitation, unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance or unless such permitted use has actually been commenced
within one year from the date of publication of the notice of the
judgment or determination of the Board of Adjustment; except, however,
that the running of the period of limitation herein provided shall
be suspended from the date of filing an appeal from the decision of
the Board of Adjustment to the governing body or to a court of competent
jurisdiction until the termination in any manner of such appeal or
proceeding.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Board of Adjustment shall have such powers as are granted
by law to:
A.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of this chapter.
B.
Hear and decide requests for interpretation of the map or this chapter
or for decisions upon other speci-questions upon which such Board
is authorized, by this chapter, to pass.
C.
Hear and decide variances from this chapter:
(1)
Where, (a) by reason of exceptional narrowness, shallowness
or shape of a specific piece of property, or, (b) by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of property, or, (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to this chapter would result in peculiar and exceptional
practical difficulties to and exceptional and undue hardship upon
the developer of such property, grant, upon an application or an appeal
relating to such property, a variance from such strict application
of such regulation so as to relieve such difficulties or hardship;
or
(2)
Where, in an application or appeal relating to a specific piece
of property the purposes of this chapter would be advanced by a deviation
from the requirements of this chapter and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from regulations pursuant to this chapter, provided, however,
that no variance from those departures enumerated in paragraph D below
shall be granted under this subsection and provided, further, that
the proposed development does not require approval by the Planning
Board of a subdivision, site plan or conditional use in conjunction
with which the Planning Board has power to review a request for a
variance pursuant to N.J.S.A. 40:55D-60a.
D.
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to this chapter to permit (1) a use or principal structure in a district restricted against such use or principal structure (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in Article II of this chapter, (5) or an increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Board of Adjustment.
E.
If an application for development requests one or more variances
but not a variance for a purpose enumerated in this section, the decision
on the requested variance or variances shall be rendered under paragraph
C of this subsection.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Zoning Board of Adjustment shall, in addition to the powers specified in Section 210-10.11, have power given by law to:
A.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
B.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
C.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c.291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board of Adjustment is reviewing an application for approval of a use, a variance pursuant to Section 210-10.11.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The Board of Adjustment shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or the submission of a complete application
for development to the Board of Adjustment pursuant to the provisions
of N.J.S.A. 40:55D-72b.
B.
In the event that the developer elects to submit separate consecutive
applications, the aforesaid provisions shall apply to the application
for approval of the variance. The period for granting or denying any
subsequent approval shall be as otherwise provided in this chapter.
Failure of the Board of Adjustment to act within the Period prescribed
(120 days) shall constitute approval of the application.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Any interested party may appeal to the governing body any final decision
of the Board of Adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within
10 days of the date of publication of such final decision. The appeal
of the governing body shall be made by serving the Municipal Clerk,
in person or by certified mail, with a notice of appeal specifying
the grounds thereof and the name and address of the appellant and
the name and address of his attorney, if represented. Such appeal
shall be decided by the governing body only upon the record established
before the Board of Adjustment.
B.
Notice of the meeting to review the record below shall be given by
the governing body, by personal service or certified mail, to the
appellant and to those entitled to notice of a decision pursuant to
N.J.S.A. 40:55D-10h and to the Board from which the appeal was taken
at least 10 days prior to the date of the meeting. The parties may
submit oral and written argument on the record at such meeting, and
the governing body shall provide for verbatim recording and transcripts
of such meeting.
C.
The appellant shall, within five days of service of the notice of
the appeal pursuant to paragraph A above, arrange for a transcript
pursuant to N.J.S.A. 40:55D-10 for use by the governing body and pay
a deposit of $50 or the estimated cost of such transcription, whichever
is less, or within 35 days of service of the notice of appeal, submit
a transcript as otherwise arranged to the Municipal Clerk, otherwise,
the appeal may be dismissed for failure to prosecute. The governing
body shall conclude a review of the record below not later than 95
days from the date of publication of the notice of decision below
unless the applicant consents, in writing to an extension of such
period. Failure of the governing body to hold a hearing and conclude
a review of the record below and to render a decision within such
specified period shall constitute a decision affirming the action
of the Board.
D.
The governing body may reverse, remand or affirm, with or without
the imposition of conditions, the final decision of the Board of Adjustment
approving a variance pursuant to N.J.S.A. 40:55D-70d. The review shall
be made on the record before the Board of Adjustment.
E.
The affirmative vote of a majority of the full authorized membership
of the governing body shall be necessary to reverse, remand or affirm,
with or without conditions, any final action of the Board of Adjustment.
F.
An appeal to the governing body shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the Board from whose action the appeal was taken certifies
to the governing body, after the notice of appeal shall have been
filed with such Board, that by reasons of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the Board from
which the appeal is taken and on good cause shown.
G.
The governing body shall mail a copy of the decision to the appellant
or if represented, then to his attorney, without separate charge,
and for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the municipality, if there is one, or in a newspaper of general
circulation in the municipality. Such publication shall be arranged
by the applicant. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the first publication.
H.
Nothing in Section 210-10.14, as noted above, shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law.
I.
The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
All applications for development, as defined by N.J.S.A. 40:55D-3,
must be submitted to the Clerk of the appropriate Board. The Boards
shall designate their respective Clerks by resolution. The designee
of the respective Board shall determine the completeness of the respective
application for the purposes of commencing the applicable period for
action by the municipal agency, as provided by N.J.S.A. 40:55D-10.3.
If an application is deemed incomplete, the applicant shall be notified,
in writing, of the deficiencies by the Clerk.
B.
The following checklist shall be used to determine the completeness
of an application for development of the type specified. The applicant
must request, in writing, that one or more of the submission requirements
be waived, in which event the applicable board or its designated review
committee shall grant or deny the request in writing, within 45 days.
C.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application. The Board may subsequently require
correction of any information found to be in error and the submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Board.
[Amended 11-4-2020 by Ord. No. 48-2020]
Each application as specified in the table below shall be submitted
to the applicable board with all of the required items indicated with
check marks in the respective columns. No application shall be deemed
complete prior to the City's receipt of all of the required items,
unless a written waiver has been requested for the missing item(s).
|
Application Submission Requirements
| ||||||
|---|---|---|---|---|---|---|
|
Requirement
|
Minor Subdivision
|
Major Subdivision
|
Bulk Variance
|
Use Variance
|
Conditional Use
|
Site Plan (Preliminary and Final)
|
|
One complete original application and 19 copies
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Application Fee
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Certificate showing payment of all local tax and water bill
payments
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Affidavit of ownership of all properties involved
|
X
|
X
|
X
|
X
|
X
|
X
|
|
A 10% disclosure statement (if applicable per N.J.S.A. 40:55D-48.1)
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Certified list (as per N.J.S.A. 40:55D-12c) and block diagram
of all property owners within 200 feet
|
X
|
X
|
X
|
X
|
X
| |
|
15 copies of written metes and bounds, bearing original signature
and seal of the New Jersey licensed surveyor preparing them
|
X
|
X
| ||||
|
15 copies of originally signed and scaled plat map containing all required plat content requirements in Article VII herein
|
X
|
X
| ||||
|
One copy of the application for building permit or certificate
of occupancy, if available
|
X
| |||||
|
Notice of rejection signed by the Zoning Officer (optional)
|
X
| |||||
|
Notice of appeal from the opinion of the Zoning Officer, if
applicable
|
X
| |||||
|
15 copies of a statement of principal points relative to the
application under N.J.S.A. 40:55D-70a, b, c and/or d
|
X
| |||||
|
12 sets of signed and sealed plans for variance approval only
|
X
| |||||
|
15 copies of a statement of principal points relative to the
application under N.J.S.A 40:55D-70c
|
X
| |||||
|
15 copies of a statement of principal points indicating compliance
with all conditions, as per the Orange Zoning Ordinance
|
X
| |||||
|
15 copies of originally signed and sealed site plans containing all information required by the site plan checklist in Article VI herein
|
X
|
X
| ||||
|
Affidavit of performance
|
X
|
X
| ||||
[Amended 11-4-2020 by Ord. No. 48-2020]
For major subdivision, bulk variance, uses variance, conditional
use, and site plan review applications, the following shall be submitted
to the Clerk for the applicable board two days prior to the hearing:
A.
Affidavit of publication.
B.
Notice to property owners.
C.
Certified mail receipts, which must be mounted on bond paper of 8.5
inches by 11 inches, six to a page, and arranged in the same order
as indicated on the certified list required above. A properly certified
United States Postal Form 3877 will be accepted in lieu of the mounted
receipts, provided that the addressees are arranged in the same order
as indicated on the certified list. Please be advised that the Board
will not accept return-receipt requested postcards.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Submission of minor subdivision plats and minor site plans.
(1)
PLANS, AS BUILT
In addition to the plans required above, one electronic set
of plans must be submitted in .pdf format, with a minimum resolution
of 300 dpi with all multiple-page plans shall be saved to a single
.pdf file, and one electronic set of As-Built Plans in a .DWG format.
A complete and exact subdivision and/or land development
plan prepared by an engineer, surveyor, or architect showing all final
constructed improvements, grading, lot lines, easements, right-of-ways,
utilities, and floodplains.
|
The electronic submission shall be compatible with the city's
Geographic Information System (GIS). The plans shall be delivered
on a Compact Disc (CD) or a USB compatible shared memory drive.
|
|
All required information as described in § 210-50.2 appearing on the final plat shall be included as separate layers or as informational attributes within the drawing.
|
|
The file must be drawn at its real NJ Plane Coordinate NAD83
(or the most current state plane coordinate system) positions and
the view must be unrotated so that the NJPLS North points orthographically
up (vertical) on the screen.
|
|
The drawing shall identify the coordinate values for a minimum
of three monument markers distributed around the corners of the tract.
These monument markers shall be identified in US Survey Feet.
|
|
A waiver for electronic submission of minor subdivision plats
and minor site plans may be requested from the Municipal Engineer
for residents not having access to CAD or GIS technology.
|
B.
Details required for final major subdivision plats and final major
site plans.
(1)
All dimensions, angles and bearings must be tied to a minimum
of three permanent monuments distributed around the tract and all
information shall be indicated on the plat.
(2)
PLAN, AS BUILT
In addition to the plans required above, one electronic set
of plans must be submitted in .pdf format, with a minimum resolution
of 300 dpi with all multiple-page plans shall be saved to a single
.pdf file, and one electronic set of As-Built Plans in a .DWG format.
A complete and exact subdivision and/or land development
plan prepared by an engineer, surveyor, or architect showing all final
constructed improvements, grading, lot lines, easements, right-of-ways,
utilities, and floodplains.
|
The electronic submission shall be compatible with the city's
Geographic Information System (GIS). The plans shall be delivered
on a Compact Disc (CD) or a USB compatible shared memory drive.
|
|
All required information as described in § 210-50.2 appearing on the final plat shall be included separate layers or as informational attributes within the drawing.
|
|
The file must be drawn at its real NJ Plane Coordinate NAD83
(or the most current state plane coordinate system) positions and
the view must be unrotated so that the NJPLS North points orthographically
up (vertical) on the screen.
|
|
The drawing shall identify the coordinate values for a minimum
of three monument markers distributed around the corners of the tract.
These monument markers shall be identified in US Survey Feet.
|
C.
Specifications for the location of monument markers.
(2)
The three monument markers set shall be located and positioned
in the State of New Jersey Plane Coordinate System NAD83 or the most
current State Plane Coordinate System. Units shall be given in US
Survey Feet.
(3)
If monument markers are to be located and positioned using Global
Positioning System (GPS) relative positioning techniques, the following
procedures are required:
(a)
The survey grade GPS unit may be of the single frequency type
for baselines less than 15km, or dual frequency type for any baseline,
length.
(b)
All monument markers shall be occupied for at least two separate
and independent observation sessions. The components of all repeat
baselines must agree within five centimeters horizontally and 10 centimeters
vertically.
(c)
The data collected shall resolve all integer ambiguities and
give results as recommended by the GPS manufacturer.
(d)
The observations shall be based upon differential GPS location
by using at least two first Order or better NGS monuments. One of
the above monuments may be a Continuously Operating Reference Station
(CORS) as supported by the National Geodetic Survey (NGS) if less
than 34.6 Km.
(e)
The resultant position data shall yield a horizontal network
accuracy of five cm (two inches) at the 95% confidence level, and
a local accuracy of two cm (0.75 inches) at the 95% confidence level.
(f)
If differential carrier phase GPS is used to geo-reference the
three monument markers, such cadastral monuments shall also indicate
the vertical coordinate values referenced to the North American Vertical
Datum of 1988 (NAVD88) at a network accuracy of 15 cm (six inches)
at the 95% confidence level and a local accuracy of 10 cm (four inches)
at the 95% confidence level.
(g)
The control station data used to locate said monument markers
shall be reported along with the resultant locations in report form
or on the map of survey.
(h)
A print out of all residuals from the final positions shall
be part of the final survey report.
(i)
The map of survey or report shall be signed and sealed by the
licensed professional land surveyor, with the following statements
from [1] and [2], and, when differential carrier phase GPS is utilized
the statement from [3] and [4]. These statements shall be made in
addition to those required by the "Map Filing Law."
[1]
Survey is certified to meet horizontal local accuracy
of two centimeters (0.75 inches) at the 95% confidence level.
[2]
Survey is certified to meet horizontal network
accuracy of five centimeters (two inches) at the 95% confidence level.
[3]
Survey is certified to meet vertical local accuracy
of 10 centimeters (four inches) at the 95% confidence level.
[4]
Survey is certified to meet vertical network accuracy
of 15 centimeters (six inches) at the 95% confidence level.
(j)
It is recommended that all GPS field and office procedures follow
the guidelines of the equipment manufacturer to achieve the recommended
minimum acceptable accuracies.
(4)
If the monument markers are to be located by using electronic
total stations or a combination of theodolite and EDMI (Electronic
Distance Measuring Instrument) to establish local accuracy, licensed
land surveyors shall use Federal Geodetic Control Committee (FGCC)
Triangulation and Traverse, as applicable, third-order class II or
better specifications for instrumentation, calibration procedures,
and field procedures, as published in the FGCC 1984 document titled
Standards and Specifications for Geodetic Control Networks. Only the
network geometry specifications and the astronomic azimuth specifications
under field procedures are waived, as network and azimuth control
are supplied through GPS intervisible site pair(s). The survey shall
adhere to the following:
(a)
The resultant position data shall yield a local accuracy of
five cm (two inches) at the 95% confidence level, and a network accuracy
of 30 cm (12 inches) at the 95% confidence level.
(b)
The map of survey or report shall be signed and sealed by the
licensed professional land surveyor, with the statements [1] and [2].
These statements shall be made in addition to those required by the
"Map Filing Law."
D.
Known monument marker survey. The City of Orange Township shall make
available, upon request, a Compact Disk (CD) of known monument markers
within the city. Marker locations will be compiled in both tabular
format (NAD83 Coordinates) and map format (AutoCAD or ESRI ArcGIS
Geodatabase). The CD will be updated yearly to include all added markers
positioned by the state, county, and city agencies and recorded with
the City Engineer.
E.
Existing Electronic CAD Base Map. The City of Orange Township shall
make available, upon request, a copy of the most recent City Base
Map. The Map will be supplied in an AutoCAD or ESRI ArcGIS (Geodatabase)
format with full Metadata information on format and layering properties.
[Amended 11-4-2020 by Ord. No. 48-2020]
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
For all of the application types listed in the table above, a notice
of decision shall be published by the applicant, in a newspaper of
record within two weeks of the Board's vote on the application, with
the proof of publication provided to the Clerk. Upon publication of
such notice, an affidavit of publication from the newspaper publishing
said notice shall be placed in the application file by the Clerk for
the Board.
B.
The Board's attorney shall be responsible for the preparation of
the Board's resolution, which shall be submitted to the applicant's
attorney for review as to content and legal form before memorialization
action by the Boara. Upon approval of the memorialization resolution,
the Clerk for the Board shall place said resolution in the application
file.
[Amended 11-4-2020 by Ord. No. 48-2020]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has, either directly or indirectly,
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
[Amended 11-4-2020 by Ord. No. 48-2020]
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less of 10 than once a month, and any meeting
so scheduled, unless canceled for lack of applications for development
to process, shall be held as scheduled.
A.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
B.
No action shall be taken at any meeting without a quorum being present.
C.
All actions shall be taken by majority vote of a quorum, except as
otherwise required by any provision of Chapter 291 of the Laws of
New Jersey 1975.
D.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, Chapter 231 of the
Laws of New Jersey 1975 and subsequent amendments to it if any.
[Amended 11-4-2020 by Ord. No. 48-2020]
Minutes of every regular or special meeting shall be kept and
shall include the names of persons appearing and addressing the Board
and of the persons appearing by attorney, the action taken by the
Board, the findings, if any, made by it and the reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the City Clerk. Any
interested party shall have the right to compel production of the
minutes for use as evidence in any legal proceeding concerning the
subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use, as provided for
in the rules of the Board.
[Amended 11-4-2020 by Ord. No. 48-2020].
Fees for applications or for the rendering of any service by the Planning Board, Board of Adjustment or any member of their administrative staff shall be as provided in Chapter 88, Fees, for the following categories:
A.
Minor subdivision application.
B.
Major subdivision application.
C.
Site plan application.
D.
Use variance application.
E.
All other variance applications.
F.
Conditional use application.
G.
Transcript costs.
H.
City Council appeals.
I.
Appearance fee to be paid by each applicant.
J.
Escrow accounts for plan review. The Boards will require a developer
to deposit a sum, as provided in the Code of the City of Orange Township,
"Escrow Fee Schedule", to retain professional services to review applications
for development. Such escrowed accounts shall be held in conformity
with N.J.S.A. 40:55D-53.1.
(1)
The Planning Board and/or Zoning Board of Adjustment shall require
escrow deposits for technical and/or professional services and testimony
employed by the Board in reviewing an application, including the review
services of the City Engineer, and Planner and such other experts
as may be deemed necessary (i.e. Traffic, Environmental, Radio Frequency,
Soils, etc.).
(2)
Fees for technical and professional services shall be in addition
to any and all other required fees.
(a)
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 not involving a change in use, shall be exempt
from the payment of escrow deposits upon review by the Administrative
Officer or Board Secretary. 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 block and lots as a prior application made to either board
within the prior two years.
[2]
When the Administrative Officer or Board Secretary
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.
[3]
Any organization qualifying under paragraph [2][a]-[c]
above must hold a tax-exempt status under the Federal Internal Revenue
Code of 1954.
(b)
Submission of escrow deposits. The applicant shall submit the
required escrow deposit to the Board Secretary prior to the application
being deemed complete pursuant to the provisions of the Municipal
Land Use Law.
(c)
Escrow for informal review.
[1]
Whenever an applicant requests 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.
(d)
Resubmissions.
[1]
Applicants shall pay escrow fees based upon 25%
of the original submission of plans for each resubmission of revised
plans. If plans are resubmitted in accordance with conditions of approval
by the appropriate Board, the fee for resubmission shall be 1/4 of
the original escrow fee.
[2]
All applications not specifically noted or excluded
above shall be accompanied by an escrow fee of $250. The escrow fee
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.
(e)
Review of escrow deposit amount.
[1]
Prior to making a determination of completeness
upon any applicant, the Administrative Officer and/or Board Secretary
will review said application to determine whether the escrow amount
set forth above is sufficient. If the amount set forth is determined
insufficient by the Administrative Officer and/or Board Secretary
to cover professional costs anticipated for the applicant, additional
funds in the amount of 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 Administrative Officer and/or
the Board Secretary. 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 Administrative Officer and/or Board Secretary, and no building
permits or certificates of occupancy shall be issued until all required
escrow funds have been received.
(f)
Appeal of escrow deposit.
[1]
In the event that the applicant believes the escrow
deposit to be unreasonable, the Planning Board or Zoning Board of
Adjustment shall hear and decide whether such fees are reasonable
and the applicant may appeal the decision of the Planning Board or
Zoning Board of Adjustment to the governing body, provided the applicant
shall provide the governing body such transcripts of the Planning
Board or Zoning Board of Adjustment hearings 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 Zoning Board of Adjustment
decision only if the Board's decision is not sustained by the preponderance
of the evidence.
(g)
Escrow accounts over $5,000: conditions.
[1]
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 here, shall continue to be 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 or 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.
(h)
Accounting of escrow deposits.
[1]
In the event 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 Zoning Board of Adjustment. The applicant shall be responsible
for any costs incurred by the Planning Board or Zoning 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 Zoning 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.
(i)
Refunds.
[1]
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. The appropriate Board with respect
to such application shall refund all funds not expended to the applicant
within 60 days after the final determination. No amount shall be refunded
prior to certification by the Board Secretary that said application
has been finally determined.
(j)
Staff support and overhead for a city professional. When the
staff support and overhead for a city professional is provided for
by the municipality, the charge for work on the particular application
for development shall not exceed 200% of the sum of such work.
|
The formula for determining the sum shall be multiplying the
base sum of the hourly salary of the professional by the amount of
hours expended working on the application.
|
[1]
Technical review fees.
|
Technical review fees
| |
|---|---|
|
Type of Application
|
Escrow Deposits
|
|
Variances not requiring site plan or subdivision approval
|
$2,500
|
|
Conditional use approval
|
$2,500
|
|
Wireless Antennas
|
$5,000
|
|
Memorializations
|
$300
|
[2]
Site plan application.
|
Site plan application
| ||
|---|---|---|
|
Type of Application
|
Escrow Deposits
| |
|
Residential site plan:
| ||
|
Minor residential site plan for one single-family
|
$250
| |
|
Residential site plan — Preliminary Approval:
| ||
|
0-5 units
|
$4,000
| |
|
6-50 units
|
$7,000
| |
|
51-100 units
|
$10,000
| |
|
Over 100 units
|
$15,000
| |
|
Final Approval
|
33% of preliminary approval
| |
|
Nonresidential site plans - Preliminary Approval:
| ||
|
With principal buildings over 1,000 square feet of
gross floor area (gfa)
| ||
|
1,000-5,000
|
sf gfa
|
$4,000
|
|
5,001-25,000
|
sf gfa
|
$10,000
|
|
25,001-1,000,000
|
sf gfa
|
$15,000
|
|
Over 1,000,000
|
sf gfa
|
$20,000
|
|
Without principal buildings over 1,000 square feet
of gross floor area (gfa)
| ||
|
Lot area up to 1 acre
|
$2,500
| |
|
1 acre to 10 acres
|
$5,000
| |
|
Over 10 acres
|
$7,500
| |
|
Final approval
|
33% of preliminary approval
| |
[3]
Subdivision application.
|
Subdivision application
| |
|---|---|
|
Type of Application
|
Escrow Deposits
|
|
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
|
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies, which
rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing, or such person as he
may designate, shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigation Law,
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath of affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, subject
to the discretion of the presiding officer and to reasonable limitations
as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
E.
Records. Each Board shall provide for the verbatim recording of the
proceedings by stenographic, mechanical or electronic means. The Board
shall furnish a transcript or duplicate recording in lieu thereof
on request to any interested party, at his expense.
F.
Absent member. A member of a Board who was absent for one or more
of the meetings at which a hearing was held shall be eligible to vote
on the matter upon which the hearing was conducted, notwithstanding
her/his absence from one or more of the meetings; provided, however,
that such Board member has available to him/her the transcript or
recording of all of the hearing from which she/he was absent and certifies,
in writing, to the Board that she/he has read such transcript or listened
to such recording.
[Amended 11-4-2020 by Ord. No. 48-2020]
With the exception of minor subdivision and minor site plan
applicants, whenever a hearing is to be held an application for development,
the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper
of the City of Orange Township at least 10 days prior to the date
of the hearing.
B.
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate, located in the state and within 200
feet in all directions of the property which is the subject of such
hearing and whether located within or without the municipality in
which the applicant's land is located, provided that this requirement
shall be deemed satisfied by notice to the Condominium Association,
in the case of any unit owner whose unit has a unit above or below
it, or the Horizontal Property Regime, in the case of any owner whose
apartment above or below it. Notice shall be given by serving a copy
thereof on the property owner as shown on said current tax duplicate
or his agent in charge of the property or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
said current tax duplicate.
C.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
D.
Notice of all hearings on application for development involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the Clerk of such municipality,
which notice shall be in addition to the notice required to be given,
pursuant to paragraph B above, to the owners of lands in such adjoining
municipality which are located within 200 feet of the subject premises.
E.
Notice shall be given by personal service or certified mail to the
County Planning Board for a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the
Director of the Department of Smart Growth in the Department of Community
Affairs of a hearing on an application for development of property,
which exceeds 150 acres or 500 dwelling units. Such notice shall include
a copy of any maps or documents required to be on file with the Municipal
Clerk pursuant to Section 6b of Chapter 291 of the Laws of New Jersey
1975.
H.
All notices herein above specified in this section shall be given
at least 10 days prior to the date fixed for hearing, and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
I.
Any notice made by certified mail as herein above required shall
be deemed to be complete upon mailing, accordance with the provisions
of N.J.S.A. 40:55D-14.
J.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the time, date and place of the
hearing, the nature of the property proposed for development by street
address, if any, and by reference to lot and block numbers, as shown
on the current tax duplicate in the Municipal Tax Assessor's office,
and the location and times at which maps and documents for which approval
is sought are available as required by law.
[Amended 11-4-2020 by Ord. No. 48-2020]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the City of Orange Township shall, within seven days of receipt of a written request of an applicant, make and certify a list from the current tax duplicates of the names and addresses of owners to whom the applicant is required to give notice pursuant to Section 210-10.11. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee, as provided in Chapter 88, Fees, shall be charged for such list.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Requirements. As a condition for approval of a subdivision or site
plan, the Planning Board or Board of Adjustment may require the applicant
to pay his pro rata share of the cost of providing reasonable and
necessary street improvements and water, sewerage and drainage facilities
and easements therefor located outside the proper, limits of the subdivision
or development. These off-tract improvements shall be restricted to
the improvement called for by the circulation and comprehensive utility
service sections of the Master Plan. These improvements may be either:
(1)
All improvements of the types necessary for on-site installation
where the need for the providing of such improvements off tract is,
in whole or in part, made necessary by the proposed application of
the applicant and where the making of such improvements will confer
a benefit upon the applicant's lands which are the subject of the
application; or
(2)
Any improvement or facility, the installation of which is required
in the public interest and the public need for which would not arise
but for the improvement of the lands which are the subject of the
applicant's application and the installation of which would confer
a benefit upon the applicant's lands which are the subject of the
application. In addition to improvements of the type described herein,
improvements required to maintain a safe flow of vehicular and pedestrian
traffic are specifically declared to be necessary in the public interest.
B.
Allocation of costs. The allocation of costs for off-tract improvements
as between the applicant, other property owners and the city or any
one or more of the foregoing shall be determined by the Board hearing
the application, with the assistance of the appropriate city departments,
in accordance with the following:
(1)
The total cost of the off-tract improvements, the increase in
market values of the property affected and any other benefits conferred,
the needs created by the application, population and land use projections
for the general area of the applicant's; property and other areas
to be served by the off-tract improvements, the estimated time of
construction of the off-tract improvements and the condition and periods
of usefulness, which periods may be based upon the criteria of N.J.S.A.
40A:2-22. The following criteria may also be considered, as well as
any other reasonable criteria, which would aid in said determination.
(2)
Street, curb, gutter, sidewalk, shade tree, streetlight, street
sign and traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Board may consider traffic counts, existing
and projected traffic patterns, quality of roads and sidewalks in
the area and other factors related to the need created by the application
and the anticipated benefit thereto.
(3)
Drainage facilities may also be based upon the demand determined
by the drainage created by or affected by a particular land use and
considering the following:
(a)
The percentage relationship between the acreage of the application
and the acreage of the total drainage basin.
(b)
The use of a particular site and the amount of area to be covered
by impervious surfaces on the site itself.
(c)
The use, condition or status of the remaining area in the drainage
basin.
(4)
Water supply and distribution facilities may also be based upon
the added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting therefrom.
(5)
New sewerage facilities may be based upon the proportion that
the total anticipated volume of sewerage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity to lines and other appurtenances leading
to and servicing the application. Consideration may also be given
to the types of effluent and particular problems requiring special
equipment or added costs for treatment, in the event that the applicant's
property shall be permitted to be connected to existing sewer facilities,
the applicant shall pay a charge or be assessed in accordance with
law.
(6)
The cost of installation of the required off-tract improvements
shall be determined by the City Engineer. The Board, with assistance
of appropriate city departments, shall determine the apportionment
of costs for the required off-tract improvements as between the applicant,
other property owners and the city, or more of the foregoing.
(7)
Payment procedure for costs of off-tract improvements required
by the Board.
(a)
The applicant shall install and pay for any off-tract improvements
required by the Board if the final determination of the amount of
cost of the off-tract improvements, to be paid by those other than
the applicant, totals less than 50% of the cost of the off-tract improvements.
In the event that the applicant shall be required to install and pay
for the off-tract improvements as provided, the applicant shall enter
into a contract with the city to provide, for the purposes of this
chapter, that satisfactory proof of the actual cost of installation
of the required off-tract improvements be submitted to the City Engineer
and to provide that the actual cost thereof is no greater than the
amount determined by the City Engineer, with the exception of contingencies,
if any, which may be provided for in said contract with the city.
(b)
The city shall assess all properties, other than the property
of the applicant, benefiting from installation of any off-tract improvements
based upon the actual cost thereof pursuant to the provisions of the
Revised Statutes of New Jersey. However, principal amounts received
by the city from such assessments, together with interest from property
owners who have elected to pay for said assessments over a period
of years, shall, in the case where the applicant is the installer
of the off-tract improvements, be credited to the real estate account
of the applicant's property. In the case where there has been an apportionment
of cost against the city for the required off-tract improvements and
the applicant is the installer of the off-tract improvements, then
the city shall pay its portion of the cost to the applicant no more
than three months after the completed installations have been approved
by the City Engineer.
(c)
In the event of any default in payment of an assessment levied
by the city, then the city shall exercise its remedies elsewhere provided,
and if thereafter the balance of principal and interest due upon the
subject assessment has not been fully satisfied by payment to the
city and credit thereof given to the real estate account of the applicant's
property, then the city shall forthwith pay said balance to the applicant
or his then successor in interest.
(8)
In the event that the applicant shall not be required to install
the off-tract improvements, then, in that event there shall be paid
to the City Treasurer the amount of the applicant's share of the finally
determined cost of the off-tract improvements. All moneys received
by the city in accordance with the provisions of this chapter shall
be paid to the City Treasurer, who shall provide a suitable depository
therefor, and such funds shall be issued only for the improvements
for which they are deposited or improvements serving the same purposes,
unless such improvements are not initiated for a period of 10 years
from the date of payment, after which time said funds shall be returned
to the applicant, together with accumulated interest or other income,
if any.
(a)
In the event that the payment by an applicant to the City Treasurer
is less than the applicant's share of the actual cost of installation
of the off-tract improvements required, then the applicant's property
shall be assessed for the difference between the amount of said payment
and the share of the actual cost.
(b)
In the event that the payment by an applicant to the City Treasurer
is more than the applicant's share of the actual cost of installation
of the off-tract improvements required, then upon such a determination,
the City Treasurer shall forthwith pay to the applicant or his then
successor, in interest, an amount equal to the difference between
said payment and the share of said actual cost.
(9)
If the applicant shall be aggrieved by the action of the Board
with respect to determinations made pursuant to this chapter, appeal,
in writing to the governing body, may be taken within 30 days after
the date of the action of the Board.
(10)
The Building Inspector and the City Treasurer shall be notified
of the determination of any off-tract improvement requirements or
deposit requirements affecting an applicant's property.
C.
Performance guaranties. The applicant shall be required to provide,
as a condition for final approval of his development application,
a performance bond to the city equal to:
(1)
If § 210-11.13B(7) applies, the estimated total cost of the improvements; or
(2)
If § 210-11.13B(8) applies, the estimated applicant's share of the cost.
[Amended 11-4-2020 by Ord. No. 48-2020]
Each decision on any application for development shall be set
forth in writing as a resolution of the Board, which shall include
findings of fact and legal conclusions based thereon.
A.
A copy of the decision shall be mailed by the Board, within 10 days
of the date of decision, to the applicant or, if represented, then,
to his attorney, without separate charge. A copy of the decision shall
be also mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the City Clerk, who shall make
a copy of such filed decisions available to any interested party upon
payment of a fee calculated in the same manner as those established
for copies of other public documents in the municipality.
B.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
C.
The municipal agency shall provide the findings and conclusions through
a resolution adopted at a meeting held within the time period provided
in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) for action
by the municipal agency on the application for development or a memorializing
resolution adopted at a meeting held not later than 45 days after
the date of the meeting at which the municipal agency voted to grant
or deny approval. Only the members of the municipal agency who voted
for the action taken may vote on the memorializing resolution, and
the vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorialization of the action of the municipal agency, however, the
date of the adoption of the resolution shall constitute the date of
the decision for purposes of the mailings, filings and publications
required by N.J.S.A. 40:55D-10h and N.J.S.A. 55D-10i. If the municipal
agency fails to adopt a resolution or memorializing resolution, as
hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the municipal agency
to reduce its findings and conclusions to writing within a stated
time, and the cost of this application, including attorney's fees,
shall be assessed against the municipality.
[Amended 11-4-2020 by Ord. No. 48-2020]
A brief notice of every final decision shall be published in
the official newspaper of the City of Orange Township. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, at reasonable charge to the
applicant. Said notice shall be sent to the official newspaper for
publication within 10 days of the date of any such decision.
[Amended 11-4-2020 by Ord. No. 48-2020]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
55D-65, every application for development submitted to the Planning
Board or to the Zoning Board of Adjustment shall be accompanied by
proof that no taxes or assessments for local improvements are due
on the property which is the subject of such application, or, if it
is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the City of Orange Township will be adequately protected.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Mayor may appoint one or more persons as a Citizens Advisory
Committee to assist or collaborate with the Planning Board or Board
of Adjustment in its duties, but such person or persons shall have
no power to vote or take action required by the Board. Such person
or persons shall serve at the pleasure of the Mayor.
[Amended 11-4-2020 by Ord. No. 48-2020]
If the provisions of any article, section, subsection, paragraph, subdivision or clause of Chapter 210 shall be judged invalid by a court of competent jurisdiction, such order shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause.
