[Amended 11-4-2020 by Ord. No. 48-2020]
The Zoning Map hereinafter referred to is hereby declared to be a part of this article. The zone boundary lines shown on the Zoning Map are intended to coincide with property lines, the center lines of streets, railroads or drainage courses as they existed at the time of adoption of this chapter or as designated on the Zoning Map by figures or dimensions. In case of uncertainty as to the location of any zone boundary line, the determination thereof shall be by the Board of Adjustment.
R-1: One Family Residential Zone
R-2: Urban One and Two Family Residential Zone
R-3: Low Density Multi-Family Residential Zone
R-4: Medium Density Multi-Family Residential Zone
MX-1: Mixed Use Low Density Residential and Neighborhood Commercial Zone
MX-2: Mixed Use Medium Density Residential and Central Business Zone
MX-3: Mixed Use High Density Residential and General Commercial Zone
CBD: Central Business District
RDV: Redevelopment Areas
Open Space
Cemetery
TVO: Transit Village Overlay
[Amended 11-4-2020 by Ord. No. 48-2020]
On the preceding City of Orange Zoning Maps, every area of the city appears as a color that corresponds to one of the zones below. This introduction to the zones provides a general overview of what land uses and building types are permitted in each zone, the design standards and the locations of each zone within the City.
A. 
R-1: One Family Residential Zone. This zone is intended primarily for single-family detached residential use on larger lots. This zone encompasses the majority of the City's former AA zone.
This zone consists of the lowest density residential development in the city. The purpose of this district is to maintain the low density single family residential, uses like any commercial, high density residential are not permitted.
(1) 
Permitted building types in this district are: Suburban Single Family detached, School.
(2) 
Permitted uses:
(a) 
Single-family homes.
(3) 
Conditional uses:
(a) 
Family day care homes.
(b) 
Institutional use: Educational.
(c) 
Community residence for the developmentally disabled.
(4) 
Accessory uses:
(a) 
Detached parking.
(b) 
Swimming pools.
(c) 
Carriage house.
(d) 
Electric vehicle charging station.
B. 
R-2: One and Two Family Residential Zone. This zone is intended primarily for single-family detached residential, at a higher density than the R-1 Zone, and two-family residential. The R-2 zone encompasses areas in the northern part of the City, north of Park Avenue and adjacent to the area west of the R-1 Zone on the northern side of Scotland Road.
(1) 
Permitted building types in this district are: Urban one family detached and two family, school.
(2) 
Permitted uses:
(a) 
Single-family homes.
(b) 
Two-family homes.
(3) 
Conditional uses:
(a) 
Family day care homes.
(b) 
Institutional use.
(c) 
Community residence for the developmentally disabled.
(d) 
Home professional offices.
(e) 
Adaptive reuse.
(4) 
Accessory uses:
(a) 
Detached parking.
(b) 
Swimming pools.
(c) 
Electric vehicle charging station.
C. 
R-3: Low Density Multi-Family Residential Zone. This zone is intended primarily for three family homes, townhouses, garden apartments, low-rise multifamily apartments. Areas of the City zoned as R-3 are located at the northernmost and southernmost regions, abutting Montclair Township and South Orange Village.
(1) 
Permitted building types in this district are: Single family attached (townhouse development), three family and Low-rise multifamily, school, place of worship.
(2) 
Permitted uses:
(a) 
Low-rise multifamily.
(b) 
Two-family homes.
(c) 
Three-family homes.
(d) 
Townhouse dwelling units.
(e) 
Family day care homes.
(3) 
Conditional uses:
(a) 
Community residence for the developmentally disabled.
(b) 
Home professional offices.
(c) 
Funeral homes.
(d) 
Adaptive reuse.
(4) 
Permitted accessory uses:
(a) 
Surface parking.
(b) 
Detached parking garage.
(c) 
Swimming pools.
(d) 
Electric vehicle charging station.
(e) 
Health club, gym.
D. 
R-4: Medium Density Multi-Family Residential Zone. This zone is primarily intended for townhouses, low-rise multifamily, mid-rise multifamily, as well as convenience commercial uses. Areas of the City zoned R-4 are concentrated between Main Street and Park Avenue adjacent to the West Orange border.
(1) 
Permitted building types in this district are: Three family, low-rise multifamily, mid-rise multifamily, high-rise multifamily, medical facilities, school, place of worship.
(2) 
Permitted uses:
(a) 
Townhouse dwelling units.
(b) 
Three family homes.
(c) 
Low-rise apartments.
(d) 
Mid-rise apartments.
(e) 
High-rise apartments.
(f) 
Family day care homes.
(g) 
Bread and breakfast.
(h) 
Assisted living facility.
(3) 
Conditional uses:
(a) 
Institutional use.
(b) 
Community residence for the developmentally disabled.
(c) 
Home professional offices.
(d) 
Funeral homes.
(e) 
Place of worship.
(f) 
Adaptive reuse.
(4) 
Accessory uses:
(a) 
Surface parking.
(b) 
Detached parking garage.
(c) 
Signs in residential district.
(d) 
Swimming pools.
(e) 
Electric vehicle charging station.
(f) 
Health club, gym.
E. 
MX-1: Mixed Use Low Density Residential and Neighborhood Commercial Zone. This zone is intended for neighborhood commercial uses while allowing low density residential uses to occur on the ground floor and upper floors, thereby providing neighborhood convenience shopping opportunities while encouraging new residential development and residential rehabilitation. MX-1 zones are located south of central avenue and north of Main Street Redevelopment Area.
(1) 
Permitted building types in this district are: Single family attached (townhouse development), three family low-rise multifamily, mid-rise multifamily, detached commercial, mixed use low-rise, school, medical facilities, place of worship, community/recreation center.
(2) 
Permitted uses:
(a) 
Townhouse dwelling units.
(b) 
Three family homes.
(c) 
Low-rise apartments.
(d) 
Mid-rise apartments.
(e) 
Adaptive reuse.
(f) 
Child care center and adult day care center.
(g) 
Commercial sales and service establishments.
(h) 
Personal service establishment.
(i) 
Restaurants.
(j) 
Mixed use structures.
(k) 
Place of worship.
(l) 
Nonprofit, charitable and fraternal organizations.
(m) 
Institutional use.
(n) 
Professional and business offices.
(o) 
Recreation centers.
(p) 
Retail food stores.
(q) 
Retail sales of goods.
(r) 
Commercial recreation.
(s) 
Community facilities.
(t) 
Taverns, Lounges, Bars.
(u) 
Night club.
(v) 
Urban farming.
(w) 
Maker space.
(x) 
Artisanal manufacturing.
(y) 
Craft brewery/Tasting facility.
(z) 
Pet shop.
(aa) 
Indoor automotive lifts.
(bb) 
Assisted living facility.
(3) 
Permitted accessory uses:
(a) 
Surface parking.
(b) 
Detached parking garage.
(c) 
Signs.
(d) 
Swimming pools.
(e) 
Electric vehicle charging station.
(f) 
Health club, gym.
(4) 
Conditional uses:
(a) 
Financial institutions.
(b) 
Community residence for the developmentally disabled.
(c) 
Family day care homes.
(d) 
Funeral homes.
(e) 
Home professional offices.
(f) 
Medical facilities.
(g) 
Telecommunication. facilities.
(h) 
Public parking.
(i) 
Adaptive reuse.
F. 
MX-2: Mixed Use Medium Density Residential and Community Commercial Zone. This zone is intended for community shopping and merchandising needs, while allowing medium density multi-family residential. MX-2 zones are located along Park Avenue and areas of Central Avenue, where businesses have a wider commercial draw.
(1) 
Permitted building types in this district are: Mid-rise multifamily, high-rise multifamily, detached commercial, mixed use low-rise, mixed use mid-rise, medical facilities, school, house of worship, community/recreation center.
(2) 
Permitted uses:
(a) 
Low-rise apartments.
(b) 
Mid-rise apartments.
(c) 
Child care center and adult day care center.
(d) 
Commercial sales and service establishments.
(e) 
Personal service establishment.
(f) 
Restaurants.
(g) 
Mixed use structures.
(h) 
Place of worship.
(i) 
Nonprofit, charitable and fraternal organizations.
(j) 
Institutional use.
(k) 
Professional and business offices.
(l) 
Retail.
(m) 
Retail shopping centers and plazas.
(n) 
Taverns, Lounges, Bars.
(o) 
Commercial recreation.
(p) 
Community facilities.
(q) 
Theaters.
(r) 
Urban farming.
(s) 
Medical facilities.
(t) 
Public parking.
(u) 
Maker space.
(v) 
Artisanal manufacturing.
(w) 
Craft brewery/Tasting facility.
(x) 
Pet shop.
(y) 
Indoor automotive lifts.
(z) 
Assisted living facility.
(3) 
Accessory uses:
(a) 
Surface parking.
(b) 
Detached parking garage.
(c) 
Signs.
(d) 
Swimming pools.
(e) 
Electric vehicle charging station.
(f) 
Health club, gym.
(4) 
Conditional uses:
(a) 
Arcade.
(b) 
Financial institutions.
(c) 
Free standing fast-food restaurants.
(d) 
Funeral homes.
(e) 
Hotels.
(f) 
Public institutional use.
(g) 
Telecommunication facilities.
(h) 
Used car sales.
(i) 
Auto repair centers.
(j) 
Automobile service stations with convenience retail.
(k) 
Adaptive reuse.
G. 
MX-3: Mixed Use High Density Residential and Regional Commercial Zone. This zone is intended primarily for the shopping and merchandising with a wider regional draw. These include wholesale and big-box retail as well as automobile-oriented uses, while allowing for high-density multifamily residential. The MX-3 zone is concentrated in on the western side of the city, abutting the I-280 right-of-way.
(1) 
Permitted building types in this district are: High-rise multifamily, detached commercial, mixed use mid-rise, mixed use high-rise, medical facilities, school, house of worship, community/recreation.
(2) 
Permitted uses:
(a) 
Mid-rise apartments.
(b) 
High-rise apartments.
(c) 
Automobile service stations or fuel only stations.
(d) 
Car washes.
(e) 
Child care center and adult day care center.
(f) 
Commercial sales and service establishments.
(g) 
Personal service establishment.
(h) 
Restaurants.
(i) 
Mixed use structures.
(j) 
Place of worship.
(k) 
Nonprofit, charitable and fraternal organizations.
(l) 
Institutional use.
(m) 
Professional and business offices.
(n) 
Public parking.
(o) 
Recreation centers.
(p) 
Arcade.
(q) 
Commercial recreation.
(r) 
Community facilities.
(s) 
Retail.
(t) 
Retail shopping centers and plazas.
(u) 
Taverns, Lounges, Bars.
(v) 
Theaters.
(w) 
Wholesale and retail distribution centers.
(x) 
Medical facilities.
(y) 
Maker space.
(z) 
Artisanal manufacturing.
(aa) 
Craft brewery/Tasting facility.
(bb) 
Pet shop.
(cc) 
Indoor automotive lifts.
(dd) 
Assisted living facility.
(ee) 
Light industrial.
(3) 
Conditional uses:
(a) 
Automobile service stations with quick mart.
(b) 
Auto body repairs.
(c) 
Auto repair centers.
(d) 
Financial institutions.
(e) 
Free standing fast-food restaurants.
(f) 
Funeral homes.
(g) 
Hospitals.
(h) 
Telecommunication facilities.
(i) 
Used car sales.
(j) 
Adaptive reuse.
(4) 
Accessory uses:
(a) 
Surface parking.
(b) 
Detached parking garage.
(c) 
Signs.
(d) 
Swimming pools.
(e) 
Electric vehicle charging station.
(f) 
Health club, Gym.
H. 
CBD: Central Business District. This zone is primarily intended for business, office, and residential to provide a full range of services, and a variety of uses in a downtown atmosphere.
(1) 
Permitted building types in this district are: High-rise multifamily, detached commercial, mixed use mid-rise, mixed use high-rise, medical facilities, school, house of worship, community/recreation.
(2) 
Permitted uses:
(a) 
Mid-rise apartments.
(b) 
High-rise apartments.
(c) 
Automobile service stations or fuel only stations.
(d) 
Financial institutions.
(e) 
Commercial sales and service establishments.
(f) 
Personal service establishment.
(g) 
Restaurants.
(h) 
Mixed use structures.
(i) 
Hotels.
(j) 
Institutional use.
(k) 
Professional and business offices.
(l) 
Public parking.
(m) 
Recreation centers.
(n) 
Retail.
(o) 
Taverns, Lounges, Bars.
(p) 
Theaters.
(q) 
Commercial recreation.
(r) 
Medical facilities.
(s) 
Maker space.
(t) 
Artisanal manufacturing.
(u) 
Craft brewery/Tasting facility.
(v) 
Pet shop.
(w) 
Indoor automotive lifts.
(x) 
Assisted living facility.
(3) 
Accessory uses:
(a) 
Surface parking.
(b) 
Detached parking garage.
(c) 
Signs.
(d) 
Electric vehicle charging station.
(e) 
Health club, Gym.
(4) 
Conditional uses:
(a) 
Amusement centers.
(b) 
Child care center and adult day care center
(c) 
Free standing fast-food restaurants.
(d) 
Telecommunication facilities.
(e) 
Used car sales.
(f) 
Nonprofit, charitable and fraternal organizations.
(g) 
Retail shopping centers and plazas.
(h) 
Adaptive reuse.
I. 
RDV: Redevelopment Areas.
(1) 
Urban Redevelopment Areas: Previously developed portions of areas:
(a) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(b) 
Designated as CAFRA Centers, Cores or Nodes;
(c) 
Designated as Urban Enterprise Zones; and
(d) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
Legend:
Mount Vernon Redevelopment Area.
Main Street Redevelopment Area
Central Orange Redevelopment Area
Lincoln-Highland Avenue Redevelopment Area
Central Valley Redevelopment Area
Lincoln Avenue Redevelopment Area
Vose Redevelopment Area
Reock Redevelopment Area
J. 
TVO: Transit Village Overlay. Orange Station is a major physical asset in the City of Orange Township. To take advantage of its presence, this section establishes a Transit Village Overlay District, which functions as an overlay to any other zoning or redevelopment plan covering this geographic area.
The intent of the TVO district is to encourage mixed-use, transit-supportive development — with a significant residential component within walking distance of Orange Station. Some of the general characteristics of such development within the TVO are as follows:
(1) 
Uses are encouraged to be mixed within individual blocks, and in some cases, within individual buildings;
(2) 
Building height and density should be higher, closer to Orange Station and/or in the vicinity of a major development project;
(3) 
Parking ratios for business, retail and commercial use will take into account that some trips in the TVO are made via mass transit, pedestrian ways and bicycle ways; shared parking between uses is encouraged; surface parking lots in excess of two acres are prohibited;
(4) 
Buildings will be set close to the sidewalk with minimal setback;
(5) 
Buildings should front on public streets or public open space; larger buildings will have articulated facades to make them more pedestrian-scale in appearance;
(6) 
Windows and doors, rather than blank walls, should face the street level; parking decks should have active first floor uses;
(7) 
Medium- to larger-scale projects should maintain the street grid network and add new streets to break up large blocks;
(8) 
Surface parking areas, individual garages, dumpsters and utility enclosures should be located behind buildings;
(9) 
Pedestrian paths to Orange Station are required; mid-block pedestrian connections are encouraged, where appropriate; and
(10) 
Commercial development is permitted on the north side of Central Avenue and both sides of South Essex Avenue.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any Zoning Overlay District established herein shall function as a supplement to the zoning regulations governing any underlying district affected by the extent of coverage of such overlay district. Any use which is permitted in an overlay district shall be permitted on property within such overlay district, as shown on the Zoning Map, regardless of the allowance for or prohibition of such use in the underlying district.
Similarly, any use listed as not permitted in an overlay district shall be prohibited on properties within such overlay district, as shown on the Zoning Map, regardless of the allowance for or prohibition of such use in the underlying district. Bulk regulations shall apply to an overlay district as specified in this chapter.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as permitted in the district in which such building or land is located, except as hereinafter provided.
B. 
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located, except as hereinafter provided.
C. 
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located, except as hereinafter provided.
D. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for a building on any other lot, except as hereinafter provided.
[Amended 11-4-2020 by Ord. No. 48-2020]
Where a district boundary line, as established in this section or as shown on the Zoning Map, divides a lot or lots in common ownership and of record at the time of enactment of this chapter, the least restricted use shall be considered as extending to the entire lot. The use so extended shall be deemed to be conforming.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any use not expressly permitted as a permitted use, a permitted accessory use or a conditional use in this article is prohibited.
A. 
Cannabis establishments, distributors and delivery services prohibited.
[Added 8-4-2021 by Ord. No. 14-2021]
LEGEND
DISTRICT
P - Permitted Use
C - Conditional Use
A - Permitted Accessory Use
-- Not Permitted
AA
A-1
A-2
B-1
B-2
C-1
C-1A
C-2
C-3
CD
CDA
TVO
USE DESCRIPTIONS
Non Residential Uses
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
--
--
--
--
--
--
--
--
--
--
--
--
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Continuance of nonconforming use of structure. The lawful use of any land or structure, exactly as such existed at the time of the enactment of this chapter, may be continued, although such use or structure does not conform to the provisions of this chapter. Structures or uses nonconforming by reason of height, area or parking and loading provisions only may be extended, enlarged, altered, remodeled or modernized, provided that no additional encroachment of height, area or parking and loading provisions are occasioned thereby, except as hereinafter set forth.
B. 
Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of continuance of the use of a structure or premise in violation of zoning regulations in effect immediately prior to the date of this chapter.
C. 
Change of use. The use of a nonconforming building or structure may be changed to another use permitted in the most restricted district in which such nonconforming use is located. Where the use of a nonconforming building or structure is hereafter changed to a use permitted in a more restricted district, it shall not thereafter be changed to a use which is not permitted in said more restricted district. The proposed use shall be subject to all the requirements applying to such proposed use in the most restricted zone in which the nonconforming use to be changed is permitted.
D. 
Restoration and repairs. Such repairs and maintenance work as are required to keep a nonconforming building or structure in a sound condition may be made, provided, however, that a nonconforming building or structure which is partially damaged or destroyed by fire, flood, wind or other calamity may be restored to its size at the time of such destruction, and the occupancy or use of such building or structure may be continued or resumed, provided that a permit for such restoration is applied for within a period of six months of the time of such damage and that necessary repairs are diligently prosecuted to completion and, further, provided that such restoration shall be permitted under the Building Code of the City of Orange Township. The Planning Board may extend such period of time for restoration of any building or structure when a state or local emergency shall render it impossible to make the restoration of such building or structure.
E. 
Extension, enlargements; moving. Subject to other provisions of this section, no nonconforming use of any land or structure shall hereafter be enlarged or extended or relocated on the same lot, except that accessory parking only may be provided on the same or an adjoining lot or lots within or without the same zoning districts on which the nonconforming use exists, subject to the provisions of this section and § 210-29, Off-Street Parking, below. If the adjoining lot is located in a residential zone or if such adjoining lot is otherwise located in a residential zone or the following provisions, if such adjoining lot is otherwise located:
(1) 
Standards. Every such off-street parking area shall be adequately screened by a solid evergreen hedge on any side, which adjoins or faces premises in a residential zoning district. No part of any such parking area shall be screened by an unpierced masonry wall of not less than four nor more than six feet height.
(2) 
Front yard. A front yard shall be provided according to the requirements of the district in which the subject premises are located.
(3) 
Access driveway. The access driveways shall be a minimum of 10 feet wide and shall be located at least five feet from the adjoining property line and at least 25 feet from the corner of intersecting public streets. Parking areas shall be surfaced with asphalt or concrete and graded and drained to dispose of all surface water to the nearest adjoining street. Any lighting in connection with off-street parking shall be so arranged as to deflect the light away from all adjoining residential buildings and the street.
(4) 
Parking areas. Such parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work, sales or services of any kind shall be conducted on any such parking lot. No sign, other than entrance, exit and condition of use signs, shall be maintained, and the aggregate area of all such signs shall not exceed 12 square feet.
(5) 
Parking layout. The layout of the parking area shall be arranged in compliance with Section 210-29 below.
(6) 
Review of plan. The plan accompanying the application shall be reviewed by the Planning Board pursuant to Article VI of this chapter.
F. 
Nonconforming use discontinued. The discontinuance of a nonconforming use by change to a conforming use or by cessation of such use for one year shall terminate such nonconforming use, which shall not thereafter be revived.
G. 
Non-conformance due to reclassification. The foregoing provisions of this section shall also apply to the buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of districts under this chapter or any subsequent change in the regulations of this chapter.
[Amended 11-4-2020 by Ord. No. 48-2020]
A community residence housing 15 or fewer developmentally disabled persons shall comply with all the regulations for a single-family house in the zoning district in which the community residence is located.
[Amended 11-4-2020 by Ord. No. 48-2020]
In any district which permits a residential structure of two or more dwellings, an existing building or dwelling may be converted into a maximum of three dwelling units, provided that the lot upon which said building or dwelling is located is not less than 40 feet wide and that there shall be a lot area of at least 2,500 square feet for each dwelling unit, which lot area shall be measured within 110 feet from the front street line, that off-street parking shall be provided in accordance with the requirements of this chapter and that each dwelling unit shall have an independent means of ingress and egress which shall be enclosed within the building.
[Amended 11-4-2020 by Ord. No. 48-2020]
An office for the practice of a profession, such as law, medicine, dentistry and teaching, may be maintained in a residential zone, provided that said home professional practice:
A. 
Is conducted entirely within a principal building without being visible from the street or from any neighboring premises.
B. 
Does not change the character of the building in which it is conducted.
C. 
Does not constitute, create or increase a nuisance.
D. 
Is carried on only by the inhabitant of the building in which conducted, plus not more than four employees of such inhabitant.
E. 
Displays no sign which is not permitted in the zone where conducted.
F. 
Has obtained all required licenses and certificates of the appropriate government agency.
G. 
Devotes not more than 50% of the floor area of one story of the dwelling to such professional occupation.
H. 
Undertaking, embalming or conducting a mortuary or funeral parlor is a business or occupation and is not permitted under this section.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any use approved by the issuance of a certificate of occupancy shall be designated the principal use as defined in § 210-3. Use for any purpose other than the principal use or accessory use without issuance of a certificate of occupancy, except retail shopping centers, retail plazas and the sale of seasonal merchandise, is prohibited. Retail shopping centers and retail plazas may have multiple uses on one or more lots as stated herein.
[Amended 11-4-2020 by Ord. No. 48-2020]
All child care centers and adult day care centers, as defined herein, whether newly constructed or renovated from an existing building or structure, must conform to and provide the following:
A. 
Off-street parking shall be provided.
B. 
Lighting shall be provided for all interior and exterior areas, which contain client facilities and equipment, and for all off-street parking facilities.
C. 
Refuse disposal shall be provided according to the requirements of § 210-22.6, Outdoor Storage.
D. 
All fixtures and equipment must be deemed safe and must meet the approval of the Fire Subcode Official of the City of Orange Township.
[Amended 11-4-2020 by Ord. No. 48-2020]
A community residence housing 15 or fewer developmentally disabled persons shall comply with all the regulations for a single-family house in the zoning district in which the community residence is located.
Approval: A community residence housing 15 or fewer developmentally disabled persons shall be a conditional use, subject to Planning Board approval. As a conditional use, it shall meet the following standards:
A. 
No two community residences shall be located within 1,500 feet of another such residence.
B. 
The community residence shall provide front, rear and side yards to conform to the requirements of the zoning districts where this use is permitted.
C. 
The minimum size lot for such a community residence shall be 15,000 square feet for the first five developmentally disabled residents, plus an additional 1,500 square feet of lot area shall be provided for each additional such resident.
[Amended 11-4-2020 by Ord. No. 48-2020]
An office for the practice of a profession, such as law, medicine, dentistry and teaching, may be maintained in a residential zone, provided that said home professional practice:
A. 
Is conducted entirely within a principal building without being visible from the street or from any neighboring premises.
B. 
Does not change the character of the building in which it is conducted.
C. 
Does not constitute, create or increase a nuisance.
D. 
Is carried on only by the inhabitant of the building in which conducted, plus not more than four employees of such inhabitant.
E. 
Displays no sign which is not permitted in the zone where conducted.
F. 
Has obtained all required licenses and certificates of the appropriate government agency.
G. 
Devotes not more than 50% of the floor area of one story of the dwelling to such professional occupation.
H. 
Undertaking, embalming or conducting a mortuary or funeral parlor is a business or occupation and is not permitted under this section.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Purpose. The purpose of this section is to establish zoning conditions and standards for the placement of the wireless telecommunications towers and antennas while protecting the public health, safety and general welfare of the residents and property owners in the City of Orange Township.
(1) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) 
Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Orange Township;
(3) 
Encourage the location of appropriate wireless facilities upon existing structures in identified nonresidential areas such as Neighborhood Commercial, Central Business, General Commercial and Industrial Zones;
(4) 
Minimize the total number of towers throughout the community by encouraging alternatives to towers wherever practicable;
(5) 
Encourage the co-location of antennas on existing towers and other structures in nonresidential districts as a primary option rather than construction of additional single-use towers;
(6) 
Encourage the use of appropriate and new technology so as to minimize adverse environmental, noise and visual impacts;
(7) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;
(8) 
Preserve the aesthetic character of the city by encouraging creative and cooperative approaches to locating wireless communication facilities so that such facilities will be compatible with their surroundings;
(9) 
Comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to enforce zoning requirements, which protect public safety, public and private property, and community aesthetics.
B. 
Applicability and Requirements.
(1) 
New towers and antennas. All new towers and antennas in the City of Orange Township shall be subject to the following regulations:
(2) 
State and federal requirements. All towers, antennas and other wireless communication facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(3) 
Safety standards/building codes. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State of New Jersey or the City's Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
(4) 
Licenses. Owners and/or operators of towers or antennas shall certify that all federal licenses required by law for the construction and/or operation of a wireless communication system in the City of Orange Township have been obtained and shall submit a copy with any application for construction of a facility including any application for an administratively approvable facility, a conditional use application before the Planning Board or a use variance application to the Zoning Board as the case may be.
(5) 
Public notice. For the purposes of this section, any application required to be made to the Planning Board or Zoning Board of Adjustment shall require notice to be given pursuant to N.J.S.A. 40:55D-12.
[Amended 10-19-2021 by Ord. No. 54-2021]
(6) 
Signs. No signs shall be allowed on an antenna or tower, except for safety signs.
(7) 
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(8) 
Multiple antenna co-location. The City of Orange Township strongly encourages the co-location of antennas.
(9) 
Submission requirements.
(10) 
All telecommunications facilities, except exempt facilities as defined herein, shall require major site plan review and approval. Site plan approval and other land use agency approvals shall not be required in connection with antennas or towers on property owned, leased or otherwise controlled by the City of Orange Township.
(11) 
An applicant seeking site plan approval for a tower or antenna shall submit the following information:
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and antenna and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
(b) 
Legal description of the parent tract and leased parcel (if applicable).
(c) 
The setback distance between the proposed tower and antenna and the nearest residential unit.
(d) 
The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to paragraph (i) below shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s) and antenna, if known.
(e) 
A landscape plan showing specific landscape materials.
(f) 
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(g) 
A description of compliance with the requirements of this section and all applicable federal, state or local laws.
(h) 
(Towers only). A notarized statement by the applicant as to whether construction of a tower will accommodate co-location of additional antennas for future users.
(i) 
An inventory of existing sites, which shall provide an inventory of all existing towers, antennas, or sites approved for towers or antennas that are within the jurisdiction of the City of Orange Township owned, operated or located on by the applicant, including specific information about the location, height and design of each facility.
(12) 
A visual analysis, which may include photomontage, photo simulation, or other techniques, which identifies the potential visual impacts of the proposed facility. Consideration shall be given to views from public areas as well as from private residences where an applicant has specific authorization to enter upon private property for the purpose of complying with this section. The analysis shall assess the cumulative impacts of the proposed facility and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.
(13) 
Master plan for all related facilities within the city limits of Orange Township, which shall address at a minimum:
(a) 
What alternative sites were identified and how they were evaluated;
(b) 
How the proposed location relates to suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;
(c) 
How the proposed location specifically relates to the anticipated need for additional antennas, supporting structures and other related facilities within the city limits of Orange Township by applicant, demonstrated by the graphic depiction of all planned service areas within the City of Orange Township and those of adjoining municipalities that include any areas within the City of Orange Township;
(d) 
How the proposed location specifically relates to the overall objective of providing full wireless communication services within the City of Orange Township, while at the same time, limiting the number of facility sites to the fewest possible through the use of co-location;
(e) 
How the proposed location specifically relates to the objective of minimizing the impact of antennas, accessory equipment and supporting structures; on residential areas, streetscapes and view corridors throughout the City of Orange Township;
(f) 
How the technology proposed is the least visually intrusive of various suitable technologies.
C. 
Permitted uses.
(1) 
Subject to the conditions set forth in this chapter and to site plan approval, except as otherwise provided below, new telecommunications towers and antennas shall be permitted as conditional uses in all zoning districts within the City of Orange Township.
(2) 
Pre-existing towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this chapter (nonconforming wireless telecommunications tower) are subject to the following provisions:
(a) 
Nonconforming wireless telecommunications towers may continue in use for the purpose now used but may not be expanded without complying with this chapter.
(b) 
Nonconforming wireless telecommunications towers, which are partially damaged or destroyed due to any reason or cause, may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this chapter.
(c) 
The owner of any nonconforming wireless telecommunications tower may repair, rebuild, and/or upgrade (but not expand such telecommunications tower or increase its height or reduce the setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this chapter.
(d) 
Wireless telecommunications towers and antennas shall be prohibited in all parks, cemeteries and on structures listed on the federal, state or municipal register of historic places and on contributing structures to historic districts.
D. 
Location preferences. Certain areas of the city are more appropriate to locate the wireless telecommunication facilities because of the existing development character, zoning designation of the area, presence of suitable structures, or topographic features. The following areas, locations and/or zoning districts constitute preferred locations for the siting of wireless telecommunications facilities.
(1) 
The first priority location shall be co-location on an existing wireless telecommunication tower or other similar existing structure within the MX1, MX2, MX3 or CBD Districts.
(2) 
The second priority location shall be an existing building within the MX1, MX2, MX3 or CBD Districts.
(3) 
The third priority location shall be an existing building owned by the City of Orange Township.
(4) 
The fourth priority location shall be an existing building within residential zones R2 or R3.
(5) 
The fifth priority location shall be an existing tall building within residential zones.
(6) 
The sixth priority location shall be a construction of a new tower within the MX1, MX2, MX3 or CBD Districts.
(7) 
The eighth priority location shall be a construction of a new tower within residential zones R2 or R3.
E. 
Design standards.
(1) 
Wireless telecommunication towers.
(a) 
Towers shall not be located between a principal structure and a public street, with the following exceptions:
[1] 
In a MX2, MX3 or CBD District, towers maybe placed within a side yard abutting an internal industrial/commercial street.
[2] 
On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
(b) 
Minimum distance from any residential zone district line, school or any site listed on the federal, state, or municipal register of historic places shall be 500 feet.
(c) 
The minimum separation between existing or proposed towers shall be 1,000 feet.
(d) 
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all non-appurtenant buildings.
(e) 
The maximum height of any tower shall be not more than 125 feet.
(f) 
Regardless of the number of wireless communication service providers located on the site, there shall be a maximum of one structure enclosing the required electronic equipment, which structure shall not exceed 12 feet in height nor more than 400 square feet in area.
(g) 
Towers and associated equipment structures shall be enclosed by fencing of six feet in height, which shall provide adequate screening of the equipment area.
(h) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any adjacent street, property used for residences or planned residences.
(i) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole direction of the Planning Board or Board of Adjustment.
(2) 
Wireless telecommunication antennas.
(a) 
Any antennas located on an existing building shall be flush mounted to a vertical building surface and painted to match the building surface material. If antennas must be located on the rooftop, appropriate screening techniques shall be utilized so that the proposed antennas reasonably blend in with the architectural features of the building.
(b) 
The maximum height of any proposed antennas extending above any existing building or existing structure shall not exceed the maximum height permitted in the zone by more than 20%, or 10 feet, whichever is greater.
(c) 
The associated electrical and mechanical equipment shall be kept in a basement. The equipment may be located on the rooftop of the building provided that:
[1] 
The height of rooftop equipment facilities shall not exceed the height of the tallest accessory structure such as a stair or elevator housing, and shall be fully enclosed by stealth screening in a color which will match the color(s) of the existing rooftop accessory structures as closely as possible, such that the total of all rooftop appurtenances including the subject equipment does not exceed 30% of the roof area;
[2] 
Documentation by a qualified expert that any existing structure will have sufficient structural integrity to support the proposed antennas and ancillary equipment shall be provided to the Planning and Zoning Boards.
(d) 
Any additional public utility lines and/or cables deemed necessary for the operation of the proposed antenna facility shall be located underground.
(e) 
Minimum distance from any historic district boundary line, or to any designated historic site (national or state register) shall be a minimum of 500 feet.
F. 
Technical review. The Planning Board and/or the Board of Adjustment is explicitly authorized to, and may, as it deems appropriate, retain an independent technical expert as it deems necessary to provide assistance in the review of the site location alternatives analysis and any technical materials submitted, especially in those cases when a technical demonstration of unavoidable need or unavailability of alternatives is proposed. The applicant shall pay the city's reasonable costs for the review, which costs shall be deposited in accordance with the city's escrow ordinance and which shall be in addition to any required escrow requirements for development applications otherwise required by this chapter.
G. 
Modifications. Every modification to a wireless communications antenna shall be subject to site plan review and approval. A modification is a change in the number, type, size or placement of wireless telecommunication antennas.
[Amended 11-4-2020 by Ord. No. 48-2020]
Funeral homes shall be a permitted in the Zones R3, R4, MX1, MX2 and MX3 provided all of the following standards are met:
A. 
Site plan approval by the Planning Board is required.
B. 
Yard and area requirements.
(1) 
Lot area. The minimum lot area for a funeral home shall be at least 10,000 square feet.
(2) 
Coverage and height. Coverage by a funeral home structure and all paved areas shall not exceed 90% of the lot, with a maximum height of 2 1/2 stories or 35 feet.
C. 
Lighting.
(1) 
Proper lighting shall be provided in the parking area, which is shielded down in order to reduce glare off the subject premises.
(2) 
Lighting intensity shall not exceed 1.5 foot-candles, measured at the property line of the funeral home.
D. 
Screening.
(1) 
Appropriate screening shall be provided in order to reduce the impact of noise and glare on all adjacent properties.
(2) 
No screening material shall exceed six feet in height.
(3) 
Refuse disposal shall be provided according to the requirements of § 210-22.6.
[Amended 11-4-2020 by Ord. No. 48-2020]
Churches and other places of worship or assembly for religious purposes shall be permitted in specified residential zones, provided they meet the following conditions:
A. 
Places of worship shall conform to the bulk standards required for this building type.
B. 
Such facilities shall be located on arterial streets.
C. 
Off-street parking shall be provided for each place of worship, according to the parking requirements listed in § 210-29.1. In addition to these parking requirements, provided parking should also conform to the following standards:
(1) 
No off-street parking facility shall be located in the required front yard setback of a property used as a house of worship;
(2) 
Every house of worship shall provide within the minimum required buffer a fifteen-foot-wide landscaped buffer along the side property line. If adjacent to a residential zone, the required landscape buffer within the minimum required buffer shall be no less than 10 feet in width. No parking spaces or their associated drive(s) shall encroach into a required buffer area except where accessing a street;
D. 
Permitted Accessory Uses shall include the following:
(1) 
Banquet halls, cafeteria or kitchen facilities, classrooms, libraries, youth services, and other similar uses which are customarily accessory to places of worship are permitted accessory uses;
(2) 
With the exception of housing for clergy, no housing or dormitories, whether for temporary or permanent occupancy, shall be permitted as accessory uses.
[Amended 11-4-2020 by Ord. No. 48-2020]
Banks or financial institutions with drive-through facilities shall be subject to approval of the Planning Board before a building permit is issued. A site plan shall show the height, size and arrangement of proposed and existing buildings, the site layout with respect to arrangement and width of driveways on the site and provisions for off-street parking and screening, if required. The Planning Board shall review the site plan and may impose the appropriate conditions and safeguards with respect to the following:
A. 
Traffic access. All proposed access ways to and from a public street shall be adequate but not excessive in number, adequate in width grade, alignments and visibility and shall not be located too near to street intersections.
B. 
Circulation and parking. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and sufficient off-street accommodation shall be made for storage of vehicles waiting to transact business.
[Amended 11-4-2020 by Ord. No. 48-2020]
Use of any premises as an amusement center shall be a conditional use in the MX-2, MX-3 or CBD Zoning Districts provided all of the following standards are met:
A. 
Site plan approval by the Planning Board is required.
B. 
There shall be 20 square feet of operating floor area for each amusement or mechanical device machine. The calculation of the operating floor area shall exclude any area of the premises, which is used for eating, toilet facilities, storage, or any other area not accessible or open to the general public.
C. 
Adequate special parking facilities shall be provided for bicycles, mopeds and motorcycles, as determined by the Planning Board as part of the site plan review.
D. 
No such enterprise shall be located closer than 500 feet to similar licensed premises or to a primary or secondary school, measured door to door.
E. 
No sound from any licensed amusement or mechanical device machines shall be discernible in any adjacent premises.
F. 
Food and beverages may be prepared and/or dispensed as an accessory use to a primary use, provided that the amount of area devoted to storage, preparation, serving and consumption shall not exceed 25% of the gross floor area of the primary use and shall comply with all other applicable ordinances.
G. 
In considering the approval of such premises as a conditional use, the Planning Board shall consider the potential impact of the use at the proposed location on such factors as traffic circulation and safety.
[Amended 11-4-2020 by Ord. No. 48-2020]
All recreation centers, whether newly constructed or renovated from an existing building or structure, must conform to and provide the following:
A. 
Lighting for all interior and exterior areas, which contain recreation facilities and equipment, and for all off- street parking facilities.
B. 
Refuse disposal shall be provided according to the requirements of Section 210-22.6, Outdoor storage.
C. 
All fixtures and equipment must be deemed safe by and must meet the approval of the Fire Subcode Official of the City of Orange Township.
D. 
Access to all facilities and hours of operation must be posted in a visible location for the public to see.
E. 
Facilities with specialized equipment such as gymnasiums or indoor swimming pools must have primary and secondary exits.
[Amended 11-4-2020 by Ord. No. 48-2020]
No permit for a service station, automobile or tire repair, automobile body repair or car wash shall be issued unless the following requirements are met:
A. 
The walls of the building or structure are set back at least 25 feet from every adjoining residential property line, whether or not such residential property is used wholly or in part for such residential use and whether or not such residential property is located within or without a residential zone.
B. 
The entrance and exit driveway or driveways are at least 15 feet wide but not more than 25 feet wide and are 10 feet from the adjoining property line and at least 20 feet from the corner of intersecting public streets.
C. 
Every gasoline or oil tank, pump lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any street line and at least five feet from the side and rear lines of the premises.
D. 
No floor drains shall be connected to the sanitary sewer system.
E. 
Any point in the nearest boundary line of the lot or parcel of land to be so used is at least 300 feet, as measured in a straight line, from any boundary line of property which is used as or upon which is erected:
(1) 
A public or private school.
(2) 
A church or other place of worship.
(3) 
A hospital.
(4) 
A public library, public art museum or other public building.
(5) 
A theater or other building or structure used or intended to be used for motion pictures, theatrical or operative productions or for public entertainment.
(6) 
A public playground or civic center.
(7) 
A firehouse or fire station.
F. 
Permitted accessory signage for service stations and similar uses.
(1) 
One non-moving, freestanding or pylon sign, per the provisions of § 210-30.7.
(2) 
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed seven square feet in area.
(3) 
Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words, "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 15 inches in height and the total area of each such sign shall not exceed six square feet.
(4) 
Customary lettering or other insignia, which are a structural part of a gasoline pump, consisting only of a brand name of gasoline sold, a lead-warning sign or a price indicator and any other sign required by law and not exceeding a total of three square feet on each pump and if illuminated, such signs shall be non-flashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersections.
(5) 
Non-illuminated credit card sign not exceeding two square feet in area and placed on or near the gasoline pump.
[Amended 11-4-2020 by Ord. No. 48-2020]
Where automobile service stations with quick mart uses are permitted as conditional uses, they shall meet the following requirements:
A. 
A minimum lot area of 30,000 square feet shall be provided.
B. 
Off-street parking shall be provided as follows: one space for each 200 square feet of gross floor area for the convenience goods outlet, plus one space for each service bay, plus one space for each employee, maximum shift, plus one space per service vehicle stored on the premises.
C. 
A walkway no less than five feet in width, clearly marked on the surface material or delineated with different surface materials or treatment, shall be provided between the customer access door of the convenience goods outlet and the nearest street frontage. Said walkway shall be placed in a manner that will minimize potential conflict with vehicle maneuvering space.
D. 
All walkway and parking areas shall have adequate lighting.
E. 
Landscaping shall be provided so as to provide year-round visual buffering between this use and adjoining property used for or zoned for residential purposes and along all street frontage, exclusive of approved driveway openings.
F. 
Refuse disposal shall be provided according to the requirements of § 210-22.6, Outdoor storage.
[Amended 11-4-2020 by Ord. No. 48-2020]
Freestanding restaurants shall be permitted as a conditional use in the Mixes Use and CBD Zones, subject to Planning Board approval. New or expanded freestanding fast-food restaurants (additions of 300 square feet or more of new floor area) shall comply with the following conditional use requirements:
A. 
Freestanding restaurants shall conform to the requirements for the detached commercial buildings.
(1) 
Exterior lighting shall be provided. Such lighting shall be shielded and directed downward so as to minimize glare from the subject premises.
(2) 
Lighting intensity shall not exceed 1.5 foot-candles, measured at the property lines.
B. 
Screening.
(1) 
Screening and landscaping shall be provided.
(2) 
No screening material shall exceed six feet in height.
(3) 
Refuse disposal shall be provided according to the requirements of § 210-22.6, Outdoor storage.
C. 
Washroom facilities shall be provided.
[Amended 11-4-2020 by Ord. No. 48-2020]
All newly established freestanding restaurants and retail food stores or additions to existing ones shall be subject to site plan review and the following requirements:
A. 
All freestanding retail food stores shall:
(1) 
Provide refuse disposal in accordance with § 210-22.6.
B. 
All freestanding restaurants shall provide washroom facilities.
C. 
All retail food stores shall have a space for take-out-order customers.
[Amended 11-4-2020 by Ord. No. 48-2020]
Structures 50 years old or older that are currently being used or have previously been used as a place of worship, financial institution or other institutional use, may be converted to accommodate any permitted use in that zone under the following conditions:
A. 
The proposal for a new use shall include structural inspection report from a qualified individual/firm attesting to the soundness of the structure for the proposed new use.
B. 
Any proposed modifications to the structure shall satisfy all the historic preservation guidelines if listed as a historic structure or in a Historic zone.
C. 
The existing lot and structure shall be considered conforming with respect to area, yard, bulk and height.
D. 
Additions to the existing building shall conform to height and bulk standards without compromising aesthetics of the existing building.
E. 
Parking and other requirements shall conform to new use.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the Mixed Use Zones, accessory uses that are necessary and incidental to manufacturing, processing or storage of goods for sale are permitted, except that:
A. 
The killing or dressing of animals or fowl is prohibited.
B. 
All products manufactured, processed or stored on the premises shall be held for sale at retail on said premises. This requirement shall not be applicable to service-based businesses.
[Amended 10-19-2021 by Ord. No. 54-2021]
C. 
No more than two persons shall be engaged in manufacturing or processing activities, as distinguished from retail sales activities, on said premises.
(1) 
No more than one horsepower shall be employed in the operation of any machine used in the manufacturing or processing nor more than three horsepower in the operation of all such machines on said premises.
[Amended 11-4-2020 by Ord. No. 48-2020]
Accessory uses that are necessary and incidental to any principal use permitted, including necessary, incidental manufacturing, processing or storage of goods for sale, except that:
A. 
The killing of animals or fowl is prohibited.
B. 
In no event shall more than six persons be engaged in manufacturing or processing or wholesale activities on said premises.
[Amended 11-4-2020 by Ord. No. 48-2020]
Accessory uses that are necessary and incidental to any principal use permitted in this district are hereby permitted, including the necessary, incidental manufacturing, processing or storage of goods for sale, except the killing or dressing of animal or fowl, which is prohibited.
Commercial sales and service establishments related to permitted business and professional office uses, provided that:
A. 
The related commercial sales and service establishments are primarily intended to serve the occupants of the principal business, professional and/or governmental office use.
B. 
Commercial sales and service establishments related to permitted hotel and motel uses and related facilities, provided that:
(1) 
The related commercial sales and service establishments are primarily intended to serve the occupants of the principal motel, restaurant and/or convention and/or banquet uses.
(2) 
The floor area of the related commercial sales and service establishments does not exceed 20% of the principal use floor area.
C. 
Other accessory uses that are necessary and incidental to any principal use permitted in this district.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Commercial sales and service establishments related to business and professional office uses, provided that:
(1) 
The related commercial sales and service establishments are primarily intended to serve the occupants of the principal business, professional and/or governmental office use.
(2) 
The floor area of the related commercial sales and service establishments does not exceed 20% of the principal use floor area.
(3) 
Commercial sales and service establishments related to hotel and motel uses and related facilities, provided that:
(a) 
The related commercial sales and service establishments are primarily intended to serve the occupants of the principal motel, restaurant and/or convention and/or banquet uses.
(b) 
The floor area of the related commercial sales and service establishments does not exceed 20% of the principal use floor area.
(c) 
Other accessory uses that are necessary and incidental to any principal use permitted in this district.
[Amended 11-4-2020 by Ord. No. 48-2020]
Outdoor storage of material is permitted only as a nonresidential accessory use, and such storage areas shall be adequately screened from adjacent properties or streets by a six-foot fence or hedge, which shall be placed so as to provide an adequate visual screen. Such outdoor storage shall not be permitted in any required front yard or any required side yard abutting a street.
[Amended 11-4-2020 by Ord. No. 48-2020]
Private swimming pools are permitted in all residential districts, provided that all of the following regulations are complied with:
A. 
The pool shall be equipped with filtration, circulation, clarification and chlorination systems adequate to maintain the water in clean and healthful condition, in accordance with the health requirements of the City of Orange Township.
B. 
The discharge pipe leading from any private swimming pool shall not exceed two inches in diameter, and the discharge pipe of all such pools, which may hereafter be constructed, shall be composed of galvanized iron or such other standard and durable material as may be approved by the City Engineer. No private swimming pool shall be wholly or partially emptied in any manner that will cause water to flow upon the premises of another, and no private swimming pool shall be wholly or partially emptied upon any land if a storm drain is readily accessible to the premises on which the pool is located. No private swimming pool shall be wholly or partially emptied into any sanitary sewer systems.
C. 
No public water shall be used in connection with the operation of any private swimming pool during any time when restrictions are imposed upon the use of public water.
D. 
Every private swimming pool shall be completely enclosed with a permanent substantial fence with a gate or gates, no less than six feet in height above the ground level. No opening in such fence or gate shall be more than four inches in width. Such fence and gate shall be so designed, constructed and maintained as to prevent access to the pool at any time except when the pool is in use under the supervision of the possessor of the pool or by his permission.
E. 
The swimming pool shall not be closer than 15 feet to any side or rear lot lines of the premises, provided that on corner lots no part of any pool shall be constructed within the front yard of either street.
F. 
The provisions of this section shall apply to any basin or other structure for the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation; provided, however, that these regulations do not apply to any plastic, canvas or rubber pool, temporarily erected upon the ground, holding less than 500 gallons of water.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Ground-mounted satellite dish antennas.
(1) 
No satellite dish antenna shall be constructed in any front yard.
(2) 
Satellite dish antennas shall not be located closer than 10 feet from any rear or side yard lot line.
(3) 
A satellite dish antenna shall not exceed a grade height of 15 feet.
(4) 
The satellite dish antenna must be totally screened from view at ground level from any adjacent lot or street public or private).
B. 
Roof-mounted satellite dish antennas.
(1) 
A satellite dish antenna shall be mounted directly upon the roof of a primary or accessory structure and shall not be mounted upon appurtenances, such as chimneys, towers, trees, poles or spires.
(2) 
A satellite dish antenna shall not exceed a height of more than 12 feet above the roof upon which it is mounted.
[Amended 11-4-2020 by Ord. No. 48-2020]
Amusement or mechanical device machines shall be permitted as an accessory use only where the primary use of such premises is recreational, such as bowling alleys, theaters, the YMCA/YWCA or similar establishments, which are licensed to sell alcoholic beverages for on-site consumption and only in accordance with the following limitations:
A. 
There shall be 20 square feet of operating floor area for each machine.
B. 
The maximum area devoted to such machines (20 square feet times the number of licensed amusement or mechanical device machines) shall not constitute more than 25% of the floor area of the establishment, excluding any of the premises which is used for eating, toilet facilities, storage or any other area not accessible or open to the general public.
C. 
Where a lawfully established amusement or mechanical device machine exists as an accessory use as of the effective date of this chapter,[1] where the primary use of such premises is not recreational in nature as indicated in paragraph A above, up to three machines shall be permitted, in accordance with the following limitations:
(1) 
There shall be 20 square feet of operating floor area for each machine.
(2) 
The maximum area devoted to such machines (20 square feet times the number of licensed amusement or mechanical device machines) shall not constitute more than 25% of the floor area of the establishment, excluding any of the premises which is used for eating, toilet facilities, storage or any other area not accessible or open to the general public.
(3) 
Premises wherein the operation of such machines is permitted under this chapter are also subject to licensing and regulation provisions of Chapter 54, Article V, Amusement Devices.
[1]
[Editor's Note: See chapter history for effective dates of Chapter 210.]
[Amended 11-4-2020 by Ord. No. 48-2020]
Before the issuance of any building or occupancy permit for nonresidential use in any applicable Mixed Use or CBD Zones, the applicant shall sign an agreement that the use of the property will meet the following performance standards or that any violation of these standards in subsequent operation will be corrected, the costs of inspection by experts for compliance to be borne by the applicant.
A. 
Fire and explosion hazards.
(1) 
All activities shall be carried on only in buildings classified as fireproof by the Building Code of the City of Orange Township, and the operations shall be carried on in such a manner and with such precaution against fire and explosion hazards.
(2) 
All raw materials, fuels and finished products shall be stored within an entirely enclosed building. Flammable liquids other than fuels used for heating shall be stored in an entirely closed building, which shall be used for no other purpose or in underground tanks, provided that said storage building is not closer than 100 feet, as measured in a straight line, to any building occupied by one or more humans and that the storage of more than 250 gallons of said flammable liquid in said storage building is prohibited.
(3) 
Every factory or manufacturing building or other building permitted only in the industrial areas shall be equipped with automatic sprinklers or other automatic fire extinguishers approved by the Building Inspector and the Chief of the Fire Department as being sufficient, in view of the nature and extent of the fire risk.
B. 
Smoke, fumes, gases, dust and odors. There shall be no emission of any fumes, smoke, gas, dust, odors or any other atmospheric pollutant, which will disseminate beyond the boundaries of the lot occupied by such use.
C. 
Liquid or solid waste. No industrial operation shall discharge industrial waste of any kind into any reservoir, pond or lake. The discharge of untreated industrial waste into a stream is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the city and New Jersey State Health Department. Effluent from a treatment plant shall at all times comply with the requirements of the respective NJPDES discharge permit and all applicable DEP regulations.
D. 
Noise. There shall be no noise emanating from the operation, which will be audible beyond the boundaries of the immediate site.
E. 
Glare.
(1) 
Notwithstanding any other provisions of this chapter, floodlighting in front and side yards in the districts is permitted, provided that all such lights shall be shaded and that beams are so directed as not to cause glare in adjoining buildings or properties. No floodlight, spotlight or other light shall be erected in such manner that its beam shall be directed, in whole or in part, toward a street, road or highway or adjoining properties or in any way or manner that will cause a traffic hazard due to glare.
[Amended 11-4-2020 by Ord. No. 48-2020]
Except as otherwise provided in this chapter, all proposed structures or proposed use of land or structures shall conform to the requirements provided in § 210-24.3, Building Typologies.
[Amended 11-4-2020 by Ord. No. 48-2020]
Table I: Permitted Building Types by Zone
Zones
Suburban One Family Detached
Urban One Family Detached
Urban One Family Attached (Townhouse Development)
Two
Family
Three
Family
Low Rise Multi-family
Mid Rise Multi-family
High Rise Multi-family
R-1
P
R-2
P
P
R-3
P
P
P
R-4
P
P
P
P
MX-1
P
P
P
P
MX-2
P
P
MX-3
P
CBD
P
Table I: Permitted Building Types by Zone
Zones
Detached Commercial
Mixed Use: Low Rise Residential + Commercial
Mixed Use: Mid Rise Residential + Commercial
Mixed Use: High Rise Residential + Commercial
Medical Facilities
School
House of Worship
Community/Recreation Center
R-1
P
R-2
P
R-3
P
P
R-4
P
P
P
MX-1
P
P
P
P
P
P
MX-2
P
P
P
P
P
P
P
MX-3
P
P
P
P
P
P
P
CBD
P
P
P
P
P
P
P
[Amended 11-4-2020 by Ord. No. 48-2020]
Introduction to Building Typologies.
A. 
Suburban One Family Detached. A building that contains one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space and yards.
Massing and Architectural Character
(1) 
Permitted in Zones: R1.
(2) 
Development Standards.
(a) 
Lot: Suburban One Family lots can not be subdivided, and shall not have more than one ownership.
(b) 
Building Siting:
[1] 
Accessory uses shall not be located in the front yard of the lot.
[2] 
30% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access:
[1] 
The structure shall have a front (primary) and a rear entrance.
[2] 
Corner lots may have two primary entrances.
(d) 
Vehicular Access and Parking:
[1] 
Parking garage can be attached or detached to the main building.
[2] 
Parking may be accessed from the alley/driveway or side street and from the front only when there is no alley or side street.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the each facade area.
(g) 
Miscellaneous: The building may have a flat roof, however a pitched roof is encouraged.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Suburban One Family Detached
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
75 Feet
Density (Max. Dwelling Units per Acre)
4.4
HEIGHT
Maximum Height
35 Feet
Maximum Number of Stories
2.5
MINIMUM SETBACKS
Front Yard
30 Feet
Front Yard for Accessory Use
15 Feet
Rear Yard
25 Feet
Rear Yard for Accessory Use
10 Feet
Each Side Yard
10 Feet
Side Yard (Street facing for a corner lot)
20 Feet
LOT COVERAGE
Maximum Building Coverage
30%
Maximum Impervious Coverage
60%
Floor Area Ratio
0.75
B. 
Urban One Family Detached. A building on a comparatively smaller lot (than suburban single family) that contains one dwelling unit and hat is not attached to any other dwelling by any means and is surrounded by open space and yards.
Massing and Architectural Character
(1) 
Permitted in Zones: R2.
(2) 
Development Standards.
(a) 
Lot: Urban One Family lots can not be subdivided, and shall not have more than one ownership.
(b) 
Building Siting:
[1] 
Accessory uses shall not be located in the front yard of the lot.
[2] 
40% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access: The structure shall have a front (primary) and a rear entrance.
(d) 
Vehicular Access and Parking: Parking may be accessed from the alley/driveway or side street and from the front only when there is no alley or side street.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the each facade area.
(g) 
Miscellaneous: The building may have a flat roof, however a pitched roof is encouraged.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Urban One Family Detached
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
50 Feet
Density (Max. Dwelling Units per Acre)
8.8
HEIGHT
Maximum Height
35 Feet
Maximum Number of Stories
2.5
MINIMUM SETBACKS
Front Yard
20 Feet
Front Yard for Accessory Use
15 Feet
Rear Yard
25 Feet
Rear Yard for Accessory Use
10 Feet
Each Side Yard
8 Feet
Side Yard (Street facing for a corner lot)
15 Feet
LOT COVERAGE
Maximum Building Coverage
40%
Maximum Impervious Coverage
70%
Floor Area Ratio
1.00
C. 
One Family Attached (Townhouse Development). A building that contains one dwelling unit and that is attached to adjacent dwelling units on the same or adjoining lots, on either and/or both sides with a common side wall and has open space in front and rear yard.
Massing and Architectural Character
(1) 
Permitted in Zones: R2, R3, MX1.
(2) 
Development Standards.
(a) 
Lot and Units:
[1] 
A townhouse development can have minimum four and maximum four dwelling units on the same lot.
[2] 
Each unit in a townhouse development must be independent of the others.
[3] 
No unit shall be located over another unit.
[4] 
Privileged Yard: The required average privileged yard areas shall be not less than 2,000 square feet.
(b) 
Building Siting and Orientation:
[1] 
Accessory uses shall not be located in the front yard of the lot.
[2] 
60% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access: The unit shall have a separate front and a rear entrance.
(d) 
Vehicular Access and Parking: Parking may be accessed from the alley/driveway or side street and from the front only when there is no alley or side street.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the each facade area.
(g) 
Miscellaneous: Each dwelling unit shall front on either a pubic street or a private internal street.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - One Family Attached (Townhouse Development)
Minimum Lot Area
20,000 Square Feet
Minimum Lot Width
100 Feet
Density (Max. Dwelling Units per Acre)
17.5
HEIGHT
Maximum Height
35 Feet
Maximum Number of Stories
2.5
MINIMUM SETBACKS
Front Yard
10 Feet
Rear Yard
30 Feet
Each Side Yard
20 Feet
Side Yard (Street facing for a corner lot)
25 Feet
LOT COVERAGE
Maximum Building Coverage
60%
Maximum Impervious Coverage
75%
Floor Area Ratio
1.20
D. 
Two Family. A building on a single lot that contains two dwelling units, each of which is separated from the other by an unpierced wall extended from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.
Massing and Architectural Character
(1) 
Permitted in Zones: R2.
(2) 
Development Standards.
(a) 
Lot and Units:
[1] 
Each units shall be independent of the other.
[2] 
The units could be located either side by side or on separate floors, depending on the lot size.
(b) 
Building Siting:
[1] 
Accessory uses shall not be located in the front yard of the lot.
[2] 
40% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access: Each unit shall have a separate front and a rear entrance.
(d) 
Vehicular Access and Parking: Parking may be accessed from the alley/driveway or side street and from the front only when there is no alley or side street.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the each facade area.
(g) 
Miscellaneous: The building may have a flat roof, however a pitched roof is encouraged.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Two Family
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
40 Feet
Density (Max. Dwelling Units per Acre)
17.5
HEIGHT
Maximum Height
40 Feet
Maximum Number of Stories
3
MINIMUM SETBACKS
Front Yard
20 Feet
Front Yard for Accessory Use
15 Feet
Rear Yard
25 Feet
Rear Yard for Accessory Use
10 Feet
Each Side Yard
8 Feet
Side Yard (Street facing for a corner lot)
15 Feet
LOT COVERAGE
Maximum Building Coverage
40%
Maximum Impervious Coverage
75%
Floor Area Ratio
1.00
E. 
Three Family. A building on a single lot that contains three dwelling units, each of which is separated from the other by an unpierced wall extended from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.
Massing and Architectural Character
(1) 
Permitted in Zones: R3, MX1.
(2) 
Development Standards.
(a) 
Lot and Units:
[1] 
Each unit shall be independent of the other.
[2] 
The units could be located side by side or on different floors in the same building.
(b) 
Building Siting:
[1] 
Accessory uses shall not be located in the front yard of the lot.
[2] 
60% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access: The structure shall have a front and a rear entrance that may be common for all three units.
(d) 
Vehicular Access and Parking: Parking may be accessed from the alley/driveway or side street and from the front only when there is no alley or side street.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the each facade area.
(g) 
Miscellaneous: The building may have a flat roof, however a pitched roof is encouraged.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Three Family
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
40 Feet
Density (Max. Dwelling Units per Acre)
26
HEIGHT
Maximum Height
40 Feet
Maximum Number of Stories
3
MINIMUM SETBACKS
Front Yard
20 Feet
Front Yard for Accessory Use
15 Feet
Rear Yard
25 Feet
Rear Yard for Accessory Use
10 Feet
Each Side Yard
8 Feet
Side Yard (Street facing for a corner lot)
15 Feet
LOT COVERAGE
Maximum Building Coverage
40%
Maximum Impervious Coverage
75%
Floor Area Ratio
1.00
F. 
Low Rise Multifamily. An apartment building with two to four regular residential floor levels.
Massing and Architectural Character
(1) 
Permitted in Zones: R3, R4, MX1.
(2) 
Development Standards.
(a) 
Lot and Units: There can be one or more buildings on the same lot depending on the lot area.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
70% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access:
[1] 
The structure shall have the main entrance in the front.
[2] 
Corner lots may have two primary entrances or facades.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley/driveway or side street.
[2] 
Parking may be provided on surface or in the same building.
(e) 
Open Space: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the each facade area.
(g) 
Miscellaneous:
[1] 
Required open space can be located on the ground or on the green roof or courtyard.
[2] 
Courts: Where there is an open space between opposite walls of single principal building, the width shall be two-thirds (2/3) the average height of said opposite walls, but in no case shall the depth of said open space exceed two times said width. The minimum distance between separate buildings on the same lot shall be 2/3 the average height of the building and not less than 20 feet.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Low Rise Multifamily
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
100 Feet
Density (Max. Dwelling Units per Acre)
50
HEIGHT
Maximum Height
50 Feet
Maximum Number of Stories
4
MINIMUM SETBACKS
Front Yard
10 Feet
Rear Yard
10 Feet
Each Side Yard
10 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
70%
Maximum Impervious Coverage
90%
Floor Area Ratio
1.50
G. 
Mid Rise Multifamily. An apartment building with five to eight regular residential floor levels.
Massing and Architectural Character
(1) 
Permitted in Zones: R4, MX1, MX2.
(2) 
Development Standards.
(a) 
Lot and Units: There can be one or more buildings on the same lot depending on the lot area.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
70% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front.
[2] 
The building shall have an entrance lobby/foyer.
[3] 
Corner lots may have two primary entrances or facades.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley/driveway or side street.
[2] 
Parking may be provided on surface or in the same building.
(e) 
Landscaping: Minimum 10% of the lot area located on ground and/or green roof or courtyard.
(f) 
Fenestration: Minimum 20% of the wall area.
(g) 
Miscellaneous:
[1] 
Required open space can be located on the ground or on the green roof or courtyard.
[2] 
Courts: Where there is an open space between opposite walls of single principal building, the width shall be 2/3 the average height of said opposite walls, but in no case shall the depth of said open space exceed two times said width. The minimum distance between separate buildings on the same lot shall be 2/3 the average height of the building and not less than 20 feet.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Mid Rise Multifamily
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
100 Feet
Density (Max. Dwelling Units per Acre)
100
HEIGHT
Maximum Height
90 Feet
Maximum Number of Stories
5
Maximum Number of Stories
8
Maximum Number of Stories within first 25 feet from the street
5
MINIMUM SETBACKS
Front Yard
10 Feet
Rear Yard
10 Feet
Each Side Yard
10 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
70%
Maximum Impervious Coverage
90%
Floor Area Ratio
3.00
H. 
High Rise Multifamily. An apartment building with nine to 15 regular residential floor levels.
Massing and Architectural Character
(1) 
Permitted in Zones: R4, MX3, CBD.
(2) 
Development Standards.
(a) 
Lot and Units: There can be one or more buildings on the same lot depending on the lot area.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
70% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access: The structure shall have a front and a rear entrance.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be on surface or structured (in the same or separate building).
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Open Space: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the wall area.
(g) 
Miscellaneous: Required open space can be located on the ground or on the green roof or courtyard.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - High Rise Multifamily
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
100 Feet
Density (Max. Dwelling Units per Acre)
200
HEIGHT
Maximum Height
160 Feet
Minimum Number of Stories
9
Maximum Number of Stories
15
Maximum Number of Stories within first 25 feet from the street
5
MINIMUM SETBACKS
Front Yard
10 Feet
Rear Yard
10 Feet
Each Side Yard
10 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
70%
Maximum Impervious Coverage
90%
Floor Area Ratio
6.00
I. 
Detached Commercial. A building that has one or more different commercial uses such as retail, office etc.
Massing and Architectural Character
(1) 
Permitted in Zones: MX1, MX2, MX3, CBD.
(2) 
Development Standards.
(a) 
Lot: There can be one or more buildings on the lot with one or more owners/tenants.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the rear and/or side yard.
[2] 
60% building coverage can be located anywhere on the lot within the maximum buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front.
[2] 
The building shall have an entrance lobby/foyer.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be on surface or structured (in the same or separate building).
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Open Space: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 40% of the wall area.
(g) 
Miscellaneous: Required open space can be located on the ground or on the green roof or courtyard.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Detached Commercial
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
50 Feet
HEIGHT
Maximum Height (MX1 and MX2)
70 Feet
Maximum Number of Stories
5
Maximum Height (MX3 and CBD)
105 Feet
Maximum Number of Stories
8
Maximum Number of Stories within first 20 feet from the street
5
Minimum Ground Floor Height
14 Feet
MINIMUM SETBACKS
Front Yard
5 Feet
Rear Yard (abutting residential)
20 Feet
Rear Yard (abutting other uses)
15 Feet
Each Side Yard (abutting residential)
10 Feet
Each Side Yard (abutting other uses)
5 Feet
Side Yard (Street facing for a corner lot)
5 Feet
LOT COVERAGE
Maximum Building Coverage
60%
Maximum Impervious Coverage
90%
Floor Area Ratio (MX1 and MX2)
2.50
Floor Area Ratio (MX3 and CBD)
4.50
J. 
Mixed Use: Low Rise. A mixed use building that has maximum three residential floors over ground floor commercial.
Massing and Architectural Character
(1) 
Permitted in Zones: MX1, MX2.
(2) 
Development Standards.
(a) 
Lot and Units: There can be one or more buildings on the same lot depending on the lot area.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
70% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front.
[2] 
The building shall have an entrance lobby/foyer.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be provided on surface or in the building.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration:
[1] 
Residential-Minimum 20% of the wall area.
[2] 
Other uses-Minimum 30% of the wall area.
(g) 
Miscellaneous: Required open space can be located on the ground or on the green roof or courtyard.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — Mixed Use: Low Rise
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
50 Feet
HEIGHT
Maximum Height (MX1 and MX2)
50 Feet
Maximum Number of Stories
4
Minimum Ground Floor Height
14 Feet
MINIMUM SETBACKS
Front Yard
0 Feet
Rear Yard (abutting residential)
25 Feet
Rear Yard (abutting other uses)
20 Feet
Each Side Yard
5 Feet
Side Yard (Street facing for a corner lot)
5 Feet
LOT COVERAGE
Maximum Building Coverage
70%
Maximum Impervious Coverage
90%
Floor Area Ratio
2.00
Note: If the Front Yard Setback exceeds 0 Feet, a minimum of 5 Feet is to be provided.
K. 
Mixed Use: Mid Rise. A mixed use building that has four to seven residential floors over ground floor commercial.
Massing and Architectural Character
(1) 
Permitted in Zones: MX2, MX3, CBD.
(2) 
Development Standards.
(a) 
Lot:
[1] 
There can be one or more buildings on the same lot depending on the lot area.
[2] 
There can be commercial use on more than one story depending on the demand and shall not exceed more than three stories.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
70% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front.
[2] 
The building shall have an entrance lobby/foyer.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be on surface or structured (in the same or separate building).
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration:
[1] 
Residential-Minimum 20% of the wall area
[2] 
Other uses-Minimum 30% of the wall area.
(g) 
Miscellaneous: Required open space can be located on the ground or on the green roof or courtyard.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — Mixed Use: Mid Rise
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
50 Feet
HEIGHT
Maximum Height
95 Feet
Minimum Number of Stories
5
Maximum Number of Stories
8
Minimum Ground Floor Height
14 Feet
Maximum Number of Stories within first 25 feet from the street
5
MINIMUM SETBACKS
Front Yard
0 Feet
Rear Yard (abutting residential)
25 Feet
Rear Yard (abutting other uses)
20 Feet
Each Side Yard
5 Feet
Side Yard (Street facing for a corner lot)
5 Feet
LOT COVERAGE
Maximum Building Coverage
70%
Maximum Impervious Coverage
90%
Floor Area Ratio
4.00
Note: If the Front Yard Setback exceeds 0 Feet, a minimum of 5 Feet is to be provided.
L. 
Mixed Use: High Rise. A mixed use building with nine to 15 floor levels with varied floor heights depending on the uses.
Massing and Architectural Character
(1) 
Permitted in Zones: MX3, CBD.
(2) 
Development Standards.
(a) 
Lot and Units: The building can have two or more different uses along with residential.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
75% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front and a separate entrance for residential use.
[2] 
The building shall have an entrance lobby/foyer.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be on surface or structured and can be shared among different uses.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration:
[1] 
Residential-Minimum 20% of the wall area.
[2] 
Other uses-Minimum 30% of the wall area.
(g) 
Miscellaneous: Required open space can be located on the ground or on the green roof or courtyard.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — Mixed Use: High Rise
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
100 Feet
HEIGHT
Maximum Height
50 Feet
Minimum Number of Stories
9
Maximum Number of Stories
15
Maximum Number of Commercial Stories
5
Minimum Ground Floor Height
14 Feet
Maximum Number of Stories within first 25 feet from the street
5
MINIMUM SETBACKS
Front Yard
0 Feet
Rear Yard (abutting residential)
25 Feet
Rear Yard (abutting other uses)
20 Feet
Each Side Yard
10 Feet
Side Yard (Street facing for a corner lot)
5 Feet
LOT COVERAGE
Maximum Building Coverage
75%
Maximum Impervious Coverage
90%
Floor Area Ratio
6.00
Notes: 1) If the Front Yard Setback exceeds 0 Feet, a minimum of 5 Feet is to be provided. 2) If the lot is bigger than 10,000 Square Feet, the maximum number of stories within 40 feet from the street shall be 9.
M. 
Medical Facilities. A building consisting of uses associated with the diagnosis, treatment, and care of human beings. These include: hospitals; dental services; medical services or clinics; nursing, convalescent homes; orphan's homes; rest homes; sanitariums.
Massing and Architectural Character
(1) 
Permitted in Zones: MX2, MX3, CBD.
(2) 
Development Standards.
(a) 
Lot: There can be more than one buildings on the lot.
(b) 
Building Siting:
[1] 
Accessory uses shall be located either in the same building or in a separate building.
[2] 
65% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front and other emergency entries/exits on other sides.
[2] 
The building shall have an entrance lobby/foyer.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be on surface and/or structured.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 30% of the wall area.
(g) 
Miscellaneous: Required open space can be located on the ground or on the green roof or courtyard.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — Medical Facilities
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
100 Feet
HEIGHT
Maximum Height
120 Feet
Maximum Number of Stories
10
MINIMUM SETBACKS
Front Yard
5 Feet
Rear Yard
25 Feet
Each Side Yard (abutting residential)
10 Feet
Each Side Yard (abutting other uses)
5 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
65%
Maximum Impervious Coverage
90%
Floor Area Ratio
5.00
N. 
School. An institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, and similar facilities.
Massing and Architectural Character
(1) 
Permitted in Zones: MX3, CBD.
(2) 
Development Standards.
(a) 
Lot: There may be one or more buildings on the lot depending on the number of users and activities.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
65% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access:
[1] 
The building shall have the main entrance in the front.
[2] 
The building shall have an entrance lobby/foyer.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be provided on surface or in the building.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Open Space: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 30% of the wall area.
(g) 
Miscellaneous: In addition to required open space there shall be semi-open/open active recreational areas for students.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — School
Minimum Lot Area
10,000 Square Feet
Minimum Lot Width
100 Feet
HEIGHT
Maximum Height
60 Feet
Maximum Number of Stories
5
MINIMUM SETBACKS
Front Yard
5 Feet
Rear Yard
25 Feet
Each Side Yard (abutting residential)
10 Feet
Each Side Yard (abutting other uses)
5 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
65%
Maximum Impervious Coverage
90%
Floor Area Ratio
4.00
O. 
Place of Worship. A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. Includes churches, chapels, cathedrals, temples, and similar designations
Massing and Architectural Character
(1) 
Permitted in Zones: MX1, MX2, MX3, CBD.
(a) 
Existing structures in other zones shall be grandfathered.
(2) 
Development Standards.
(a) 
Lot: There shall be only one primary building on the lot.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
65% building coverage can be located. anywhere on the lot within the buildable area.
(c) 
Pedestrian Access: The structure shall have a primary front entrance and one or more other entrances as per the design.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be on surface or structured.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Open Space: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 15% of the wall area.
(g) 
Miscellaneous: Architectural elements such as towers, cupolas etc. may exceed permitted height by maximum 10%.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — Place of Worship
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
50 Feet
HEIGHT
Maximum Height (excluding architectural elements such as tower etc.)
35 Feet
Total Maximum Height
60 Feet
Maximum Number of Stories
2.5
MINIMUM SETBACKS
Front Yard
10 Feet
Rear Yard
25 Feet
Each Side Yard (abutting residential)
10 Feet
Each Side Yard (abutting other uses)
5 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
65%
Maximum Impervious Coverage
90%
Floor Area Ratio
2.00
P. 
Community/Recreation Center. A building or a structure to be used as a place of meeting, recreation, or social activity. Generally open to the public and designed to accommodate and serve significant segments of the community. May also be referred to is a convention center or civic center.
Massing and Architectural Character
(1) 
Permitted in Zones: MX1, MX2, MX3, CBD.
(2) 
Development Standards.
(a) 
Lot: There may be one or more buildings on the lot depending on the number of users and activities.
(b) 
Building Siting:
[1] 
Accessory uses shall be located in the same building.
[2] 
70% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access: The structure shall have a front and a rear entrance.
(d) 
Vehicular Access and Parking:
[1] 
Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
[2] 
Parking may be provided on surface or in the building.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(e) 
Open Space/Landscaping: Minimum 10% of the lot area.
(f) 
Fenestration: Minimum 20% of the wall area.
(g) 
Miscellaneous:
[1] 
Required open space can be located on the ground or on the green roof or courtyard.
[2] 
Variation in Architectural massing is encouraged.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards — Community/Recreation Center
Minimum Lot Area
5,000 Square Feet
Minimum Lot Width
50 Feet
HEIGHT
Maximum Height
60 Feet
Maximum Number of Stories
5
MINIMUM SETBACKS
Front Yard
5 Feet
Rear Yard
20 Feet
Each Side Yard (abutting residential)
10 Feet
Each Side Yard (abutting other uses)
5 Feet
Side Yard (Street facing for a corner lot)
10 Feet
LOT COVERAGE
Maximum Building Coverage
65%
Maximum Impervious Coverage
90%
Floor Area Ratio
3.00
Q. 
Structured Parking. A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally above grade or a combination of below grade and above grade with those levels being either open or enclosed.
Massing and Architectural Character
(1) 
Permitted in Zones: R4, MX1, MX2, MX3, CBD.
(2) 
Development Standards.
(a) 
Lot: Can be located on a separate lot as an independent use or as an accessory use for any other uses.
(b) 
Building Siting: 80% building coverage can be located anywhere on the lot within the buildable area.
(c) 
Pedestrian Access: The structure shall have at least one pedestrian access point connected to a sidewalk.
(d) 
Vehicular Access and Parking: Parking may be accessed from the alley or side street and from the front only when there is no alley or side street.
(e) 
Open Space/Landscaping:
[1] 
No requirement for open space.
[2] 
Green roof or vertical landscaping is encouraged.
[3] 
For fire exit and loading/unloading requirements, follow building code.
(f) 
Miscellaneous: A proper facade treatment (see design standards) is shall be provided to screen the parking from adjacent uses.
(3) 
Bulk Standards.
Illustration of building massing and siting
Illustration of a lot plan
Bulk Standards - Structured Parking
Minimum Lot Area
7,500 Square Feet
Minimum Lot Width
75 Feet
HEIGHT
Maximum Height
70 Feet
Maximum Number of Stories
6
MINIMUM SETBACKS
Front Yard
5 Feet
Rear Yard
15 Feet
Each Side Yard (abutting residential)
10 Feet
Each Side Yard (abutting other uses)
5 Feet
Side Yard (Street facing for a corner lot)
5 Feet
LOT COVERAGE
Maximum Building Coverage
80%
[Amended 11-4-2020 by Ord. No. 48-2020]
In any residential district on any corner lot, no fence, structure or planting over four feet in height above the curb line, except deciduous trees, shall be erected or maintained within 20 feet of the intersecting street lines so as to interfere with traffic visibility across the corner.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Where a Mixed Use or CBD Zone abuts a residential district. Where a nonresidential use in a Mixed Use or CBD Zone abuts a residential zone, a buffer strip shall be provided having a minimum width of 15 feet for the full length of the abutment and shall be landscaped to such a degree so as to provide a visual screen between the two parcels. No parking, loading or storage shall be permitted in the required buffer area.
[Amended 11-4-2020 by Ord. No. 48-2020]
Every lot must provide front, rear and side building and parking setback yards as required in its zoning district. All front yards must face upon a dedicated public street or private street approved by the Planning Board, and no lot may contain more than one principal building except retail shopping centers and retail plazas.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
In residential zones, no accessory building and no fence exceeding a height of four feet shall be erected in any required front yard. No stockade-type fence shall be permitted in the front yard. An accessory building shall not exceed 12 feet in height and shall be at least 10 feet from any dwelling and at least six feet from any other accessory building on the lot.
B. 
In the Mixed Use Zones, Off-street parking is permitted in the front yard, provided that no such parking is nearer than 10 feet to the front street property line and that such ten-foot strip is planted and landscaped and maintained, except for necessary entrance drives.
C. 
Off-street parking shall be placed only to the rear or side of structures fronting on Main Street but in no case shall any parking space be placed closer than 50 feet to Main Street.
D. 
Off-street parking is permitted in the side yard, provided that no such parking is nearer than four feet to the side property line and that such four-foot strip is planted and landscaped and maintained, except for necessary entrance drives.
E. 
Off- street parking is permitted in the side yard, provided that on a corner lot such parking shall meet the front yard regulations.
F. 
Where an alley separates a Mixed Use zone from a residential zone, 1/2 of the full alley may be counted as part of the required yard. Off-street parking is permitted in the rear yard provided that no parking area shall be nearer than five feet to any zone boundary line.
G. 
Where a nonresidential use in a Mixed Use or CBD Zone abuts a residential zone, a buffer strip shall be provided having a minimum width of 15 feet for the full length of the abutment and shall be landscaped to such a degree so as to provide a visual screen between the two parcels. No parking, loading or storage shall be permitted in the required buffer area.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
No accessory structure or improvement may be built or maintained upon any lot on which there is no principal building or structure.
B. 
Accessory structures and improvements in all zones shall not exceed the height regulations of the principal building and shall adhere to all building setbacks for principal uses in that zone district.
C. 
Accessory structures and improvements that are 60 feet or more from any street line are permitted three feet from any lot lines.
D. 
Where a corner lot adjoins the side yard of an adjacent lot or lots, no part of an accessory structure or improvement and no part of the principal structure within 25 feet of such common lot line shall be nearer the street than the full front yard. In either case, the side yard requirements of the zoning district shall be met. An owner of a corner lot may, in his application for a building permit, designate on which street the twenty-five-foot street setback should apply, whether or not his building will front on that street, and, subject to limitations of this subsection, the side yards and rear yard shall be located as if the building fronted on the street designated.
E. 
Where fences are permitted as an accessory use, no barbed wire, razor wire or similar hazardous design is allowed. A wall is not considered a fence and is thus not a permitted accessory use. The maximum height of a fence in a residential zone is four feet in the front yard. The maximum height of a fence in a commercial or industrial zone is 10 feet in any yard. Stockade and similar fences are not permitted in the front yards of any zone. A fence constructed so as to totally screen a lot from view or screens a lot from view for 10 or more feet in length is not permitted in the front yards of any zone. The maximum height of a fence for a recreational use, in any zone district, can be eight feet.
F. 
Chain link fences are prohibited in residential zones.
G. 
Fences shall be erected with the finished side facing away from the property and shall be located entirely on the property (minimum three inches away from the property boundary).
[Amended 11-4-2020 by Ord. No. 48-2020; 10-19-2021 by Ord. No. 54-2021; 2-6-2024 by Ord. No. 78-2023]
Required minimum parking in residential and nonresidential zones. In all residential and nonresidential zoning districts, off-street parking shall be furnished as follows:
Off-street Minimum Parking - Residential and Nonresidential Zones
Land or Building Use
Minimum Required Off-Street Parking Spaces
Single- and two-family residence
2 for each dwelling unit.
Studio, 1-bedroom, 2-bedroom dwelling unit in a multifamily building (i.e., 3+ total units)
1.33 for each dwelling unit.
3+ bedroom dwelling unit in a multifamily building (i.e., 3+ total units)
2 for each dwelling unit.
Senior citizen housing
1 for each dwelling unit.
Hotel and Motel
1 for each bedroom, plus 1 for each 3 employees per shift.
Assembly Hall, auditorium, stadium, theater and church
1 for each 3 seats.
Bank, financial business office, professional office, retail and service store or similar use, except where otherwise specifically covered herein
1 for each 300 square feet of gross floor area.
Medical and dental practitioner or clinic
1 for each 1/4 practitioner, plus 1 for each employee. However, in no event shall the number of parking spaces be less than 1 space per 150 square feet of gross floor area.
Institutional Use, club, lodge, social community center building or similar use
1 for each 250 square feet of gross floor area, plus 5 additional spaces.
Funeral home and mortuary
1 for each 50 square feet of gross floor area devoted to chapel, slumber rooms, parlors or individual funeral service rooms, plus 1 space for each car used with the services
Hospital, nursing home or similar use
1 for each bed, plus 1 for each 2 employees and/or professional staff members on the day shift.
Restaurant (including fast-food), convention and/or banquet facilities, tavern or similar use
1 for each 100 square feet of gross floor area for use of patrons and 1 parking space for every 2 employees per shift.
Motor vehicle sale (new and used)
1 for each 200 square feet of gross floor area for customer and employee use, exclusive of stored vehicles.
Auto repair garage and service station
1 for each 1/3 garage bay, plus 1 space for each employee, plus 1 space for each service vehicle, but in no case less than 1 space for each 200 square feet of gross floor area.
Storage or Warehouse
1 for each 1,000 square feet of gross floor area or 1 for each employee on the day shift, whichever requirement is greater.
Research Laboratory or industrial or manufacturing plant or office
1 for each 700 square feet of gross floor area or 1 space for each 1 1/2 employees on the day shift, whichever requirement is greater.
Amusement center
1 for each 5 licensed amusement or mechanical device machines.
TVO
1 for each dwelling unit and a maximum of 1 per 500 square feet of commercial space and a minimum of 1 per 1,000 square feet.
[Added 5-20-2025 by Ord. No. 19-2025]
A. 
The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces, through municipal parking regulations and other standards, in order to:
(1) 
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public;
(2) 
Provide opportunities for residents to have safe and efficient private EVSE located at or near their residences;
(3) 
Provide opportunities for businesses to supply EVSE to their customers and employees; and
(4) 
Create standard criteria to encourage and promote safe, efficient and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Approvals; permits.
(1) 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance under N.J.S.A. 40:55D-70.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection C below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection B(1) above.
(3) 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Zoning Official/Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the City's Development Regulations.
(5) 
An application for development for the installation of EVSE or make-ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Zoning Official/Officer, provided the application meets the following requirements:
a. 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
b. 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
c. 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6) 
An application pursuant to Subsection B(5) above shall be deemed complete if:
a. 
The application, including the permit fee and all necessary documentation, is determined to be complete;
b. 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
c. 
A one-time written correction notice is not issued by the Zoning Official/Officer within 20 days after filing of the application, detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7) 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8) 
An application solely for the installation of EVSE permitted as an accessory use shall not be subject to review based on parking requirements.
C. 
Requirements for Installation of new EVSE and make-ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more dwelling units, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
a. 
Prepare at least 15% of the required off-street parking spaces as make-ready parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;
b. 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces;
c. 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces;
d. 
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the EVSE shall be accessible for persons with disabilities; and
e. 
Nothing in this subsection shall be construed to restrict the ability to install EVSE or make-ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection C(1) above shall:
a. 
Install at least one make-ready parking space, if there will be 50 or fewer off-street parking spaces;
b. 
Install at least two make-ready parking spaces, if there will be 51 to 75 off-street parking spaces;
c. 
Install at least three make-ready parking spaces, if there will be 76 to 100 off-street parking spaces;
d. 
Install at least four make-ready parking spaces, if there will be 101 to 150 off-street parking spaces, at least one of which shall be accessible for persons with disabilities;
e. 
Install at least 4% of the total parking spaces as make-ready parking spaces, if there will be more than 150 off-street parking spaces, at least 5% of which shall be accessible for persons with disabilities;
f. 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this Subsection C(2);
g. 
Nothing in this Subsection C(2) shall be construed to restrict the ability to install EVSE or make-ready parking spaces at a faster or more expansive rate than as required above; and
h. 
Notwithstanding the provisions of this Subsection C(2), a retailer that provides 25 or fewer off-street parking spaces, or the developer or owner of a single-family home shall not be required to provide or install any EVSE or make-ready parking spaces.
D. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces applicable to each zoning district.
(2) 
Each parking space prepared with EVSE or make-ready equipment shall be counted as two parking spaces for the purpose of complying with a minimum parking space requirement, subject to a maximum reduction of 10% of the total required parking.
(3) 
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(4) 
Installation of additional EVSE and make-ready parking spaces in excess of what is required in Subsection C above may be encouraged, but shall not be required in development projects.
E. 
Standards for new EVSE and make-ready parking spaces.
(1) 
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation.
a. 
Installation of EVSE and make-ready parking spaces shall meet the Electrical Subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
b. 
Each EVSE or make-ready parking space that is not accessible for persons with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
c. 
To the extent practical, the location of accessible parking spaces for persons with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
d. 
Each EVSE or make-ready parking space that is accessible for persons with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
Publicly accessible EVSE parking.
a. 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
b. 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
c. 
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Police Department and/or Parking Authority and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space, or any electric vehicle parked and not connected to the EVSE, shall be is subject to fine and/or impoundment of the offending vehicle. Signage indicating the penalties for violations shall comply with Subsection E(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
d. 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4) 
Safety.
a. 
Publicly accessible EVSE shall be located at parking spaces designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection E(5) below.
b. 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City's ordinances and regulations.
c. 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high, with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
d. 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection E(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
e. 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
f. 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
g. 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the City requires the owners/designee of any publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5) 
Safety.
a. 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
b. 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
c. 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection E(5)(b) above.
d. 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
1. 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
2. 
Usage fees and parking fees, if applicable; and
3. 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
It shall be unlawful for any person, firm, corporation, common carrier or governmental agency to erect, paint, alter, reword, locate or relocate, reconstruct or change, in any manner, a sign or signs without first having obtained and having in force and effect a permit from the Building Inspector. Every sign for which a permit has been issued pursuant to this chapter shall show the permit number thereon.
B. 
Before any permit is granted for the erection, painting, alteration, rewording, locating or relocating, reconstruction or change in any manner of a sign or sign structure, an application, together with plans and specifications, shall be filed with the Building Inspector, showing the wording, coloration, dimensions, materials and details of construction, including loads, stresses, support and anchorage. The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and all data which the Building Inspector may require to determine if such sign complies with all provisions of this chapter, including certification by an architect or a professional engineer of its structural adequacy. The property owner shall be advised by the Building Inspector, at the time of application for the permit to erect the sign, of his prospective liability for the cost of removal in the event that the permit-tee fails to do so.
[Amended 11-4-2020 by Ord. No. 48-2020]
Subject to the size limitations hereinafter provided, permits shall not be required for signs of the following nature:
A. 
One non-illuminated temporary sign pertaining to the sale or lease of the premises upon which it is placed, not exceeding eight square feet, provided that it shall be removed within seven days after the consummation of a sale or lease, such sign to be no closer to the street than the average setback line of the buildings on said street. Corner properties shall be permitted two signs, which signs shall each conform to the requirement as stated herein.
B. 
Non-illuminated temporary signs pertaining to civic or philanthropic activities or institutions, not exceeding eight square feet, which sign shall not be maintained for a period exceeding 90 days.
C. 
One non-illuminated temporary sign pertaining to construction, engineering or architectural work or services on the site during the duration of a building project or land improvement project, not exceeding eight square feet, provided that it shall be removed within seven days after completion of said building or land improvement project.
D. 
The limitations or sign areas prescribed in this chapter shall not apply to parking lot markers, directional signs or entrance and exit signs erected on the premises, provided that each such sign does not exceed three square feet in area and provided that the number and location of such signs is approved by the Planning Board and the Traffic Division of the Police Department, in writing.
E. 
Temporary political signs provided that it is with the property owner's consent when posted on private property, that such signs are not illuminated and that they comply with all of the applicable provisions of § 210-30.3 and § 210-30.4 below. Temporary political signs posted on fire hydrants, fire and police call boxes, public telephone booths, public utility poles or similar public fixtures are expressly prohibited.
[Amended 11-4-2020 by Ord. No. 48-2020]
Prohibited signs are signs which:
A. 
Contain statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency.
B. 
Contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "danger," "warning," or similar words.
C. 
Are of a size, location or movement, contain intermittent flashing, content, coloring or manner or illumination which may be confused with or construed as a traffic control device or which obstruct from view signs or signals or vehicular traffic on a public street. In the case of a lighted sign, the colors red, orange-red, green, blue-green and yellow are prohibited within 100 feet of an intersection. Floodlights used for the illumination of signs where such floodlights create interference with traffic visibility shall be prohibited. Signs with a maximum surface brightness, whether it is internally or externally illuminated, exceeding 250-foot candles are prohibited.
D. 
Move in any manner or have a major moving part, except action signs containing time and temperature changes.
E. 
Contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, balloons, kites or other similarly moving devices. These devices, when not part of any sign, are similarly prohibited. This provision shall not prohibit the installation of a temporary banner properly secured, in accordance with the Building Inspector's approval.
F. 
Use the surface of sidewalks, roads and driveways, except municipal traffic control signs.
G. 
Project beyond any roof line of any building for which the sign is proposed.
H. 
Are defined as billboards or signboards.
I. 
Are not attached directly to the premises wherein the sign's message refers.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Any sign now or hereafter erected or maintained, which no longer advertises a bona fide business conducted or product sold or notice of a current or future event shall be taken down and removed by the permittee or by the owner of the premises or, if there is no permittee, within 90 days after such business ceases, such product ceases to be sold or such event occurs. Upon failure to comply, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the permittee or owner of the premises upon which the sign is located. The Building Inspector shall thereafter refuse to issue a permit for the erection of any sign in the City of Orange Township to any permittee or property owner who refused to pay the costs of such removal.
B. 
Any sign, which has been erected illegally, shall be removed from said premises within 10 days from receipt of a written order to do so from the Building Inspector.
C. 
No new advertising sign structure (billboard) shall be permitted to be erected in any district. Any existing sign structure shall be permitted to be maintained, including customary posting and painting, but shall not be permitted to be enlarged in size or be relocated.
D. 
Any legally erected sign or sign structure which is nonconforming at the time of enactment of this chapter may be continued in use, maintained or modernized or structurally improved, but not enlarged, subject to all other provisions of this chapter.
E. 
Temporary political signs shall be removed within 10 days after the last day of the event to which they pertain. Signs erected on public land, contrary to the provisions of this chapter, are subject to immediate removal.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the R-1 and R-2 Residential Zones, the following signs only shall be permitted:
A. 
One customary professional sign or nameplate sign, not more than 144 square inches in area, which may be either a non-illuminated or illuminated non-flashing sign, provided that the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining property.
B. 
Signs as permitted in § 210-30.2 above.
C. 
A sign or signs, aggregating not more than 12 square feet in area, advertising the name of a church on the premises, its pastor and its coming activities.
(1) 
None of the signs permitted in the residential districts shall be erected nearer any street or road than 1/2 the setback required for the principal building on said lot, provided that a nameplate sign, not more than 72 square inches in area, as regulated above, may be placed anywhere within the front yard.
(2) 
A sign deemed necessary to the public welfare and authorized by the governing body.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the R-3 and R-4 Residential Zones, the following signs shall be permitted:
A. 
All signs as permitted in the R-1 and R-2 Residential Zones, except that the customary professional sign or nameplate, as regulated above, may be increased to a total area of four square feet when attached on any entrance wall or a wall facing on a street, provided that such sign shall not extend further than three inches from the face of the building wall to which it is attached.
B. 
A professional or business office building shall be permitted a sign which shall not exceed 3% of the square foot area of the face of an entrance wall or a wall facing on a street on which the sign is attached. Such sign shall be a flat sign attached and parallel to the face of the building wall and shall not exceed 30 inches in height.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the MX-1 and MX-3 Zones, the following signs only shall be permitted:
A. 
Signs as permitted in § 210-30.2 above.
B. 
Signs may be erected on any entrance wall or wall facing on a street, provided that all of the following requirements are met:
(1) 
No business establishment shall have a total of more than three signs per storefront, provided that the total sign area for all signs permitted on the face of any storefront to which such sign or signs are attached shall not exceed 10% of the area of the face of the storefront to which such sign or signs are attached.
(2) 
All signs shall be flat signs, attached and parallel to the face of the building wall and complying with the following requirements:
(a) 
No sign shall extend further than 15 inches from the face of the building upon which it is attached, provided, however, that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet from the ground level below said sign.
(b) 
The maximum height of any single sign shall not exceed five feet, and the maximum width shall not exceed 90% of the width of the storefront to which the sign is attached.
(3) 
No sign shall be lighted by means of flashing or intermittent illumination. All lights used for the illumination of business establishments or for the illumination of business buildings or areas surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded from view of vehicular traffic using the road or roads abutting such business properties. Floodlights used for the illumination of said premises or any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of the building.
(4) 
No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached.
(5) 
Where a building has a canopy or marquee constructed as an integral part of said building, the front line of said canopy or marquee shall be construed as being the face of the building.
(6) 
Business buildings located on corner lots shall be construed as having frontage on both streets and signs, as regulated in this section shall be permitted accordingly.
(7) 
The rear of a business building, where an off-street parking area is available at the rear of such premises and is being utilized for the off-street parking of motor vehicles, shall be construed as having frontage at the rear of said building, and one additional sign per business establishment, as regulated in this section, shall be permitted on the rear of such building.
C. 
All uses in the Mixed Use Zones which provide off-street parking per § 210-29, Parking Requirements, shall be allowed one non moving, freestanding or pylon sign, provided that:
(1) 
Said sign shall not exceed 50 square feet on either face of a two sided sign.
(2) 
Said sign shall not be less than 10 feet above the ground nor more than 25 feet in height.
(3) 
Said sign shall be placed no closer than five feet from the front property line (which abuts a public street) and said sign shall conform to all side yard requirements for the principal building.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the CBD Zone, the following signs only shall be permitted:
A. 
Signs as provided in § 210-30.2 above.
B. 
All signs as permitted in the Mixed Use Zones.
C. 
One freestanding sign, provided that:
(1) 
Said sign is not placed in the front half of the setback required for the principal building and is accessory to the business conducted on the property.
(2) 
Said sign complies with the side yard requirements for the principal building.
(3) 
The length of the permitted sign is not over 10% of the width of the building that the sign will sit in front of.
(4) 
The height of said sign shall not exceed 1/2 the length as permitted above, but in no case shall the height of the sign exceed 10 feet.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Regulations applicable to all signs. In addition to restrictions elsewhere in this chapter, all signs must comply with the following regulations:
(1) 
No person may affix any sign in any public place without obtaining the required permit(s) unless said sign is exempt from permit requirements.
(2) 
No sign or banner may be affixed to any tree.
(3) 
No sign may be attached, in any form or manner, which will interfere with any opening required for ventilation or with any architectural detail, unless approved in writing by the Construction Official.
(4) 
No sign, including any supporting structure, may be attached in any manner to a fire escape.
(5) 
No sign may be placed or located so as to obstruct the view of oncoming vehicular traffic.
(6) 
Each sign must be maintained to ensure its good condition and appearance.
(7) 
A sign must be positioned in the natural architectural sign band on a building facade if one exists. If such sign band does not exist, the bottom of the sign may not be positioned to go more than 12 inches above the top of the display window or awning.
(8) 
No sign may consist of more than three colors, including the background color, excepting logos or symbols. Lettering must give a consistent and professional appearance.
(9) 
All signs must comply with all applicable provisions of the Uniform Construction Code, particularly but not exclusively the Electrical Subcode, in accordance with which all lighting devices must be installed and maintained.
(10) 
A change of business name or any other item of information on an existing sign constitutes a new sign and requires a permit.
B. 
All illuminated signs are subject to the following additional limitations:
(1) 
For internally illuminated signs, the source of illumination itself must not be visible.
(2) 
The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity brightness will not be objectionable to surrounding areas.
(3) 
No sign shall have blinking, flashing, strobe or fluttering lights or any other illuminating devices which have a changing light intensity, brightness or color, except for time and temperature. Beacon lights are not permitted.
(4) 
Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.
(5) 
No exposed bulbs or lamps shall be used on the exterior surface of any sign if, in doing so, the bulb or lamp is exposed to any public street or adjacent property.
(6) 
No floodlight or flexible goose-neck fixture used with any sign shall be positioned in such a manner as to shine onto an adjoining property or into the eyes of a passing pedestrian or motorist.
(7) 
Illumination of wall signs must be visible only through lettering or other related graphic symbols and should not illuminate the background area themselves, which must remain opaque.
(8) 
Illuminated signs need not be extinguished at the close of business.
C. 
Regulations applicable to signs and security gates. Permitted signs include wall signs, ground signs, projecting signs, awning and canopy signs, window signs and marquee signs. Directories, community bulletin boards and time and temperature signs shall also be permitted. Such signs, except for marquee signs, are limited to no more than the following information: name, address, telephone number and principal product offered.
D. 
In addition to restrictions elsewhere, any sign must comply with the following regulations:
(1) 
Regulations governing wall signs:
(a) 
Examples of wall signs
Permanent wall signs, including projecting, neon and window signs, are limited to no more than three signs per storefront, provided that the total sign area for all signs permitted on the face of any storefront to which such sign or signs are attached shall not exceed 10% of the area of the face of the storefront to which sign or signs are attached. If the building faces more than one street or a parking lot with a minimum width of 30 feet, it may have the appropriate area of signage for each exposure.
(b) 
Wall signs where two or more businesses occupy one building must be uniform, although not necessarily identical, and in keeping with the architectural integrity of the building.
(c) 
All wall signs mounted on a sign board must have either a finished edge or a painted border edge at least 1 1/2 inches in width.
(d) 
Wall signs consisting of individual letters or graphics may be painted on buildings and must adhere to the guidelines above.
(e) 
A change of business name of any other item of information on an existing wall sign constitutes a new sign and requires a new permit.
(f) 
Example of a wall sign
No part of any illuminated wall sign shall be closer then 10 feet above a public sidewalk and 15 feet above a driveway.
(g) 
Box signs can be recessed into the facade only if the opening already exists. No holes other than for electrical conduits can be cut in a facade.
(2) 
Regulations governing ground signs.
(a) 
Ground signs are permitted when:
[1] 
The business structure is not visible from the street.
[2] 
Example of a ground sign
The business which is being conducted is one which does not use a business structure, such as the operation of parking lots, etc. The uppermost edge of ground signs in these two instances shall not exceed a height of seven feet. The maximum area for such sign shall be 20 square feet for one face and a total of 40 square feet for two or more faces of a multi-faced sign. This section shall not be deemed to allow a ground sign on a corner lot if the location of the same would violate other provisions of this chapter, or
[3] 
The business or professional use occurs in a building, which has been modified for such use but still maintains a residential appearance. The ground signs which identify such business use shall be as follows:
[a] 
The signs shall only be made of wood. Illumination may be external or internal. Said signs shall not exceed four feet in height, including posts, and the maximum area for such signs shall be 10 square feet for one face and a total of 20 square feet for two faces.
[b] 
A building must not display more than one ground sign on the premises.
[c] 
A ground sign must be placed at least four feet from the sidewalk or 10 feet from any street line.
[d] 
Directional signs or entrances and exit signs erected on the premises may not exceed three square feet in area. The number and locations of such signs must be approved by the Construction Official in writing.
(3) 
Regulations governing projecting signs.
(a) 
A projecting sign must not exceed nine square feet.
(b) 
Examples of projecting signs
The outermost edge of a projecting sign must not extend more than four feet from the building to which it is attached.
(c) 
The bottommost edge of a projecting sign must not be less than eight feet from the ground.
(d) 
Projecting signs must project from a building at an angle of 90°.
(e) 
A projecting sign must be located at the level of the sign band between the first and second stories of a building.
(f) 
When more than one storefront occupies a single building, all projecting signs must be hung at the same height.
(g) 
Projecting signs must be constructed of durable materials-plastic, wood or metal.
(h) 
Projecting signs must be two faced.
(i) 
Projecting signs may be internally or externally illuminated as set forth in this part.
(4) 
Regulations governing window signs.
(a) 
Permanent window signs must not occupy more than 10% of the total area of the window in which the sign is located. The area of the window sign will be counted as part of the total signage area allowed for the business.
(b) 
Example of a window sign
Permanent signs of businesses or professions located on any floor of a building other than the ground or street level shall be installed only in the windows of such businesses or professions, except for directory signs as allowed under regulations governing wall signs. Each sign shall consist of individual letters or figures with a transparent background mounted directly on the glass. The business or profession may have a sign located in each window, which is visible from the street or area adjacent to the building.
(5) 
Regulations governing neon signs.
(a) 
Example of an illuminated neon sign.
Neon lights shall be placed in windows only and not on the outside of any building.
(b) 
Neon tubing may not be used to frame any window.
(c) 
Neon signs may not occupy a total area that exceeds 10% of the total area of the window or windows in which they are located.
(6) 
Regulations governing awning and canopy signs.
(a) 
An awning or canopy must not display any graphic other than the street number.
(b) 
Example of a canopy sign
Lettering must be on the drop flap.
(c) 
Individual letters may not exceed six inches in height.
(d) 
The lettering must allow for at least a two-inch space around all sides.
(e) 
Any change to an awning or canopy, including a change of color or lettering, requires a permit.
(7) 
Regulations governing marquee signs.
(a) 
Example of a marquee sign
Marquee signs are only permitted on a movie theater.
(b) 
Marquee signs are to be designed as an integral part of the building's principal facade.
(c) 
Marquee signs are only allowed on the principal facade.
(d) 
Changeable letters or illuminated plastic panels are allowed.
(e) 
Any change to a marquee, including a change of color or lettering, other than the changeable copy, requires a permit.
(8) 
Regulations governing temporary window signs.
(a) 
Example of a temporary window sign
No temporary sign can occupy more than 20% of the square footage of any window. Where a window is divided by vertical separators or where multiple windows are milled together, each section shall be considered a window.
(b) 
The date on which a temporary sign is initially displayed must appear on its face.
(c) 
All temporary signs shall be removed at the expiration of the events or sales for which they are erected or posted or within 30 days after they were erected or posted, whichever comes sooner.
(d) 
Signs advertising going out of business and those dealing with a political campaign may remain in place for a total period of 60 days. All temporary signs dealing with a political campaign shall be erected only on private property.
(e) 
Signs advising the general public that the premises are being altered, improved, renovated, painted, constructed or reconstructed must be removed within seven days after the end of construction.
(f) 
One temporary sign may be placed upon the business premises advising the public that the premises or any portion thereof are for sale or for rent. Said signs shall be either wall signs or window signs and shall not exceed eight square feet. Said signs may be displayed for 90 days, then a permit must be obtained for said sign from the Construction Official as if said sign were a permanent sign.
(g) 
Changeable copy is permitted only for movie or theater marquees and for restaurants with temporary portable sidewalk signs.
(h) 
If a temporary sign is affixed using tape, the tape must be transparent and all residue removed when the sign is removed.
(i) 
Holiday or seasonal decorations affixed or painted on the windows must be removed within 30 days after the end of the holiday or season.
(9) 
Regulations governing all other temporary signs.
(a) 
Example of a temporary sidewalk sign
A temporary sign not exceeding eight square feet may be erected or posted upon the premises of a church, school, charitable or civic organization for a period of not more than 60 days.
(b) 
A sign erected by the city or a government agency must be removed within 30 days of the completion of the project for which it was erected.
(c) 
Signs concerning political candidates and public issues:
[1] 
May not be in excess of six square feet.
[2] 
May be erected or posted for a period not exceeding 60 days.
[3] 
Must be removed no more than 10 days following the event.
[4] 
May not be erected in the city unless the candidate or an official representative of the candidate has indicated the intention to display such signs by filing a notice of such intention with the City Clerk. Such notice of intention shall be accompanied by a deposit of $5 per sign, which shall be paid at least five days before any sign is erected. Upon being satisfied that all such signs have been removed the Clerk shall refund to the candidate or the official representative of the candidate $2 per sign of the deposit heretofore referred to.
(d) 
Holiday or seasonal decorations or displays must be removed within 30 days after the end of the holiday or season.
(e) 
Temporary, noncommercial signs are permitted on the train station overpass subject to the rules and regulations of New Jersey Transit. They must be removed no more than five days following the event.
(f) 
Temporary portable sidewalk signs:
[1] 
May be no more than two feet wide and three feet high.
[2] 
Must be placed either flat against the building or located in the building's alcove off of the sidewalk. If the sidewalk is over eight feet wide, it may be placed at the curb.
[3] 
Must be located only in front of the building in which the restaurant is located.
[4] 
Are limited to restaurants with sit-down dining, to be used for daily specials and menus.
[5] 
Must not restrict pedestrian or vehicular traffic.
[6] 
Must be a chalkboard or erasable marker board.
[7] 
Must be taken indoors at the close of business each day.
[8] 
Are limited to only one sign per restaurant.
[9] 
Are not to be included in the area calculations for signs.
(10) 
Regulations governing postal address signs. Each store within the business district must display on the storefront door or awning or both, a postal address number which is a minimum of three inches in height and which must be clearly visible from the street.
(11) 
Regulations governing pole and other signs at gasoline stations, public garages and areas that provide off-street parking are found in § 210-20.11F, Service stations and similar uses, and § 210-30.7, Signs in the C Districts.
(12) 
Regulations governing security gates.
[Amended 9-5-2023 by Ord. No. 44-2023]
(a) 
It shall be lawful to construct or install a security gate. All security gates shall be installed inside such nonresidential, commercial or industrial premises.
(b) 
No security gate shall be solid or impermeable in nature. Security gates shall be of a type commonly referred to as the grate or lattice type, with a minimum of 80% of the gate area being of see-through composition. All gates and accompanying hardware shall be of suitable materials and maintained in a state of good repair.
(c) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
SECURITY GATE
A barrier, screen or cover located in front of or behind a door, window or other opening used for purposes of securing premises by preventing access or blocking passage to the interior of the premises.
(d) 
Applicability; nonconforming gates.
[1] 
The provisions of this subsection shall apply only to security gates located in front of or behind doors, windows or other openings facing or fronting on a public road or highway located within a business district.
(e) 
Restrictions.
[1] 
Upon passage of this subsection no solid metal barrier, screen or cover shall be erected or maintained in front of or behind doors, windows or other openings facing or fronting on a public road or highway located within a business district.
[2] 
Between January 1, 2024 and January 1, 2025 all security gates within the City of Orange Township shall meet the City Code.
[3] 
Any business cited for having the incorrect gates will not have to pay fines if the violation is corrected within 90 days.
[4] 
All security gates shall be of such a type as will not prevent the viewing of the interior of the premises from outside the premises.
(f) 
Permit required.
[1] 
It shall be unlawful for any person to commence work on the erection or alteration of or to erect, alter or maintain any security gate until a permit has been duly issued upon application therefor.
[2] 
The Building Department shall require that the application for a permit shall be accompanied by a set of plans indicating the proposed location and dimensions of said security gate and a description of the type of said security gate.
[3] 
No permit shall be issued until the Building Official has examined and approved, in writing, the proposed security gate as complying with all the provisions of this chapter.
[4] 
Permits shall expire three months following the date of issuance if no substantial work is begun and may be renewed upon written application to the Building Official.
(g) 
Fee.
The fee for a permit for the erection, alteration or maintenance of a security gate shall be in the amount indicated by the City of Orange Township. Said fee shall be submitted at the time the application is presented to the Building Department.
(h) 
Penalties for offenses.
For each and every violation of the provisions of this subsection, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any person who knowingly commits, takes part in, allows or assists in any violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a violation against this subsection, which violation shall be punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate and distinct additional violation.
(i) 
Enforcement.
It shall be the duty of the Building Official, and the Building Official is hereby given the power and authority, to enforce the provisions of this subsection.
(13) 
When a business or professional use occurs in a building which has been modified for such use but still maintains a residential appearance, a ground sign may be installed. In addition to the ground sign, a single wall sign, not to exceed five square feet, may be hung in an appropriate place on the front of the building. If there is no ground sign, then the wall sign can be 10 square feet.
E. 
Regulations applicable to permanent institutional, public and quasi-public signs. Permanent institutional, public and quasi-public signs, shall be permitted subject to the following limitations:
(1) 
One ground sign identifying a school, university, church, park or public building located a minimum of five feet back from the street property line and not exceeding 40 square feet shall be permitted. Such sign may be illuminated.
(2) 
Public and private elementary and secondary schools and universities and religious institutions may have a changeable letter sign which may be illuminated and may not be over 10 square feet in area, provided that such sign is erected or displayed inside the property line.
F. 
Measurement of signs.
(1) 
The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented, including mounting on frames.
(2) 
The area of a sign containing individual letters shall be computed as the total square foot area of the smallest rectangle, which can enclose all of the letters or figures.
(3) 
Where a sign is supported by a pylon whose surface is being used for an advertising message, the area of the pylon shall be considered as part of the total allowable sign surface.
(4) 
When the name or advertising message is divided into a number of panels or parts, it shall be considered as one sign.
(5) 
Window signs and permanent signs within the interior of a structure, designed to be seen and read from the exterior, shall be included as part of any maximum permanent sign area allowance.
G. 
Proper maintenance.
(1) 
All signs, awnings, canopies, marquees and facades must be maintained in good repair. Specifically, no owner or occupant of a premises may permit any type of deterioration to these elements, including the following conditions:
(a) 
Chipped or peeling paint or surfaces marred by graffiti.
(b) 
Torn paper or broken or damaged lettering or material of any land.
(c) 
Illegible material, whether by reason of fading, obliteration or any other condition.
(d) 
Dirty, rotten, broken, rusted or otherwise damaged condition.
(e) 
Broken or non-functioning light bulbs or other form of illumination.
H. 
Nonconforming signs, security gates, awnings, canopies and marquees.
(1) 
A permitted nonconforming sign, awning, canopy or marquee which exists on December 15, 1997, may remain in existence so long as the business or residence uses which it announces are conducted by the same person or corporation under the same name, at the location. If the user ceases to operate the business or seeks to change the sign, security gate, awning, canopy or marquee, no permit for such change shall be given unless the item is brought into conformity with the then-existing requirement of this chapter.
(2) 
Any permitted nonconforming sign, security gate, awning, canopy or marquee must always comply with all applicable provisions of the Uniform Construction Code and with the existent applicable provisions of the signage requirements of the City of Orange Township and with all the provisions of this chapter pertaining to proper and safe maintenance, operation and abandonment procedures.
(3) 
Upon abandonment or destruction of a nonconforming sign, security gate, awning, canopy or marquee by the existing owner or lessee, the sign, security gate, awning, canopy or marquee must be removed within 60 days.
(4) 
Effective three years after the date of this chapter, all nonconforming signs, security gates, awnings, canopies or marquees must be changed to comply with the requirements of this Main Street Shopping District Ordinance[1]. If an existing sign received a permit within two years prior to the effective date of this chapter, the permitted sign may remain in place for two additional years beyond the chapter's three-year limit.
[1]
[Editor's Note: Refer to Ord. No. 2-98, adopted 2-3-1998.]
I. 
Regulations applicable to facades, awnings, canopies and marquees.
(1) 
Any facade, awning, canopy or marquee change requires a permit and approval from the Construction Official.
(2) 
The review of architectural style shall use the following criteria.
(a) 
If several storefronts are located in one building, they must be unified with similar, although not necessarily identical, design and color.
(b) 
Facade renovations must not destroy or cover the original details on a building.
(c) 
Brick and stone facades should not be sheathed with artificial siding or panels. They should be cleaned, re-pointed and repaired.
(d) 
Deteriorated features and trim should be repaired rather than replaced if practical. If replacement is necessary, the new materials must match the existing as closely as possible.
(e) 
Wood and bare or non-anodized aluminum must be coated or painted to complement the building and not be left bare.
(f) 
All renovations, repainting or alterations must be in keeping with the original character of the building.
(g) 
All new facades or portions of new facades must be architecturally similar and compatible, but not necessarily identical to the facade of the existing and adjacent buildings.
(h) 
Fluorescent (e.g., Day-Glo) colors are not permitted.
(i) 
The architectural details (wood frames, trim) of a building must be painted the same as, or in a contrasting, complementary color to the main building color.
(j) 
All awnings and canopies:
[1] 
Attached to the same building must be the same shape and color or in complementary colors and be hung the same distance from the sidewalk and have the same projection (five feet to six feet with an eight to ten inch awning fascia drop) from the building.
[2] 
Must consist of an opaque canvas or canvas-like fabric. Backlit fabrics are not permitted, any illumination must be external or, if underneath the awning or canopy, be directed downward.
[3] 
Must be attached above the display windows and may not exceed the bottom of the natural architectural sign band on a building facade if one exists. In the absence of an architectural band, the maximum height would be three feet above the top of the display window.
[4] 
Must be a minimum of seven feet six inches above the sidewalk for awnings and eight feet six inches above the sidewalk for canopies.
[5] 
All awnings mounted over windows above the ground floor must be confined to a single awning for each window or set of contiguous windows.
(k) 
All marquees:
[1] 
Must be a minimum of eight feet six inches above the sidewalk.
[2] 
May not extend out from the building any further than one foot six inches from the curb line.
[3] 
Are limited to one per building facade.
J. 
Regulations applicable to the process of applying for permits and appeals.
(1) 
The installation or refurbishing of any sign, awning, canopy, marquee, security gate and/or facade requires a permit. No such installation or painting shall occur without following the procedures of this section.
(2) 
Before any new business shall open in the Main Street Shopping District, it must show the Construction Official that upon opening it will comply in full within this chapter's sign, awning, security gate and facade requirements.
(3) 
An application for a permit must be made to the Construction Official on forms provided for that purpose.
(a) 
An application for a sign, awning, canopy or marquee, security gate or facade permit must include the following information:
[1] 
A drawing or photo of the building showing the placement and mounting position of the sign, awning, canopy, marquee, security gate or facade on the building.
[2] 
A drawing of the proposed sign, awning, canopy, marquee, security gate or facade showing all dimensions and the location, size and type style of all lettering and logos and color(s), the material of construction and the method of attachment.
[3] 
Recent color photos showing the existing condition of the building and the structures on both sides.
(b) 
An application for a permit for nonstructural facade renovation must include the following information:
[1] 
A drawing of the building showing all planned renovations.
[2] 
Samples, catalog sheets or photos of all materials to be used.
[3] 
Trade identification and samples of all paint colors.
[4] 
Recent color photos showing the existing condition of the building and the structures on both sides.
(4) 
The Construction Official will review the application and, within 10 days, shall either:
(a) 
Request additional information from the applicant, if required;
(b) 
Grant approval if the application meets all the conditions;
(c) 
Reject the application by specifying, in writing, the reasons for the reflection and suggesting revisions to facilitate approval.
(5) 
If the application is approved, the Construction Official shall issue the required permit within four days. The applicant must sign a copy of the approval form signifying acceptance of the conditions. If it is not approved, an appeal to the Zoning Board of Adjustment may be taken.
(6) 
Every sign for which a permit has been issued shall show the permit number thereon.
K. 
Signs that do not require a permit. Subject to all applicable restrictions listed below or anywhere else in this chapter, the following signs may be erected on any premises without first obtaining permission.
(1) 
Temporary signs do not require a permit.
(2) 
Repairing signs by repainting, replacement of lettering, wording and/or graphics, provided that the repairs do not exceed 25% of the area of the sign and do result in the restoration of the original sign. In the case of a box sign, it may remain and the face plate of the same may be changed by securing a permit only for the new face plate, not the box sign.
(3) 
One wall, window or ground sign not exceeding one square foot in area stating only the name of the occupant and/or the street address of the premises on which the sign is located, provided that it meets all other requirements.
L. 
Compliance required, violations and penalties.
(1) 
The Construction Official shall be responsible for ensuring that all signs are in compliance with all the conditions of this chapter. To ensure this compliance, the Construction Official shall:
(a) 
Inspect all work for which a permit was issued under this chapter for compliance. Such inspection shall take place within 30 days of completion of the work.
(b) 
Ensure that no sign, awning, canopy, marquee or facade changes, including security gates, were undertaken without the proper approvals.
(c) 
Verify that no signs, awnings, canopies, marquees, security gates or facades are in violation of the requirements of this chapter.
(2) 
If the Official finds that the owner or tenant is in violation of any of the above, then the Official shall:
(a) 
Give specific written notice to the owner and tenant to correct the violation within 30 days. Such notice shall specify the exact nature of the violation.
(b) 
Serve any such notice upon the owner and tenant, either personally or by posting said notice on said premises and mailing, by certified mail, a copy of said notice to the owner at his last known post office address, if any. Service of the notice by posting and mailing shall be deemed completed upon the posting and mailing thereof.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
B. 
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from non- residential development.
C. 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
B. 
City of Orange Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
[Amended 11-4-2020 by Ord. No. 48-2020]
The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
COAH OR THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and wellbeing of residents by producing durable, low-maintenance, resource- efficient housing while making optimum use of existing infrastructure and community services.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Imposed fees.
(1) 
Within all City of Orange Township zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.
(2) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
B. 
Eligible exactions, ineligible exactions and exemptions for residential development.
(1) 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(2) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(3) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(4) 
Within the Transit Overlay District, residential developers shall be exempt from paying a development fee.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Imposed fees.
(1) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots;
(2) 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes;
(3) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
B. 
Eligible exactions, ineligible exactions and exemptions for non-residential development.
(1) 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
(2) 
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(3) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L.2008, c.46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.
(4) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
(5) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the City of Orange Township as a lien against the real property of the owner.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
B. 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
C. 
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
D. 
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
E. 
The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
F. 
Within 10 business-days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development calculate the development fee; and thereafter notify the developer of the amount of the fee.
G. 
Should the City of Orange Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
H. 
50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
I. 
Appeal of development fees.
(1) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the City of Orange Township Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(2) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the City of Orange Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the City of Orange Township Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the tale of units with extinguished controls.
B. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(1) 
Payments in lieu of on-site construction of affordable units;
(2) 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(3) 
Rental income from municipally operated units;
(4) 
Repayments from affordable housing program loans;
(5) 
Recapture funds;
(6) 
Proceeds from the sale of affordable units; and
(7) 
Any other funds collected in connection with the City of Orange Township's affordable housing program.
C. 
Within seven days from the opening of the trust fund account, City of Orange Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13 (b).
D. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
[Amended 11-4-2020 by Ord. No. 48-2020]
A. 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the City of Orange Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
B. 
Funds shall not be expended to reimburse City of Orange Township for past housing activities.
C. 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(1) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.
(2) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
(3) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
D. 
City of Orange Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
E. 
No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.
[Amended 11-4-2020 by Ord. No. 48-2020]
City of Orange Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the City of Orange Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
[Amended 11-4-2020 by Ord. No. 48-2020]
The ability for City of Orange Township to impose, collect and expend development fees shall expire with its substantive certification unless City of Orange Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If City of Orange Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (C.52:27D-320). City of Orange Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall City of Orange Township retroactively impose a development fee on such a development. City of Orange Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.