Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. No. 2357-12 § 25-1]
This chapter shall be known as "The Land Use Regulations of the Township of West Orange."
[Ord. No. 2357-12 § 25-2.1]
This chapter is adopted pursuant to the N.J.S.A. 40:55D-1 et seq. to promote and protect the public health, safety, morals, and general welfare and in furtherance of the following related and more specific purposes.
a. 
To guide and regulate the orderly growth, development, and redevelopment of the Township in accordance with a comprehensive plan and with long-term objectives, interests and welfare of the people.
b. 
To protect the established character and the social and economic well-being of both private and public property.
c. 
To promote, in the public interest, the utilization of land for its most appropriate purposes.
d. 
To secure safety from fire, flood, panic and other natural and manmade disasters.
e. 
To provide adequate light, air and open space.
f. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of the environment.
g. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
h. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
i. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
j. 
To encourage residential clusters and planned unit residential developments which incorporate the best features of design and relate the type, design and layout of residential and recreational development to the particular site.
k. 
To conserve the value of buildings and to enhance the value of land throughout town.
l. 
To encourage senior citizen community housing construction.
m. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
n. 
To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
o. 
To protect, conserve and preserve the unique character and history of the Township's residential areas. Particular attention is drawn to the area known as the Llewellyn Park, America's first planned residential community and the Prospect Ridge area with its scenic beauty and natural wooded geological resources.
[Ord. No. 2357-12 § 25-2.2]
a. 
This chapter is intended to reflect and comply with the enabling act, N.J.S.A. 40:55D-2, et seq. and the Master Plan adopted by the Planning Board, except where specifically noted to the contrary. All questions as to the meaning or intent of a particular section, paragraph or term in this chapter shall be resolved by referring to the Municipal Land Use Law and the Master Plan.
b. 
No provision contained herein shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Township map, nor as justifying the infringement or setting aside of any regulation or decision adopted by the Planning Board or Zoning Board.
[Ord. No. 2549-18; Ord. No. 2357-12 § 25-3.1]
For the purposes of this chapter the Township is divided into 24 districts as follows:
R-1 District
One-family dwellings on 80,000 square foot lots
R-2 District
One-family dwellings on 40,000 square foot lots
R-3 District
One-family dwellings on 20,000 square foot lots
R-3AH District
One-family dwellings (See § 25-31 for size of lots)
R-4 District
One-family dwellings on 15,000 square foot lots
R-5 District
One-family dwellings on 10,000 square foot lots
R-6 District
One-family dwellings on 6,000 square foot lots
R-T District
Two-family dwellings on 7,500 square foot lots
R-G District
Garden apartments
R-M District
Multi-family residences
OB-1 District
Office building
OB-2 District
Office building
B-1 District
Retail business
B-2 District
General business
P-C District
Planned Commercial
O-R District
Office Research
I District
Industry
PURD District
Planned Unit Residential Development
RC District
Residential Cluster Development
C District
Conservation (Over Lay Zone)
CBD District
Central Business District (Over Lay Zone)
West Orange Downtown Redevelopment Area
Organon Redevelopment Area
Valley Road Area (Harvard Press) Redevelopment Area
300 Executive Redevelopment Plan
[Ord. No. 2357-12 § 25-3.2]
a. 
District locations and boundaries are established as shown and delineated on the "Zoning District Map of the Township of West Orange," referred to as "Zoning District Map." The map is hereby declared to be part hereof and the Zone Districts so bounded and defined are hereby established. The bulk and use regulations for each district are established in the Table of District Regulations which may be found at the end of this chapter. The Zoning District Map may be found on file in the Township Offices.
[Amended 5-14-2019 by Ord. No. 2565-19]
1. 
The Zoning District Map of the Township of West Orange is hereby amended to remove the following lands from a B-1 District and place them in an I District:
(a) 
Block 117, portions of Lots 39 and 39.01.
(b) 
Block 117, Lot 48.01.
2. 
The Zoning District Map of the Township of West Orange is hereby amended to remove the following lands from an R-2 District and place them in an R-5 District:
[Added 4-14-2020 by Ord. No. 2603-20]
(a) 
Block 175.07, Lot 7.
(b) 
Block 175.07, Lot 9.
(c) 
Block 175.07, Lot 11.
(d) 
Block 175.08, Lot 7.
(e) 
Block 175.08, Lot 8.
(f) 
Block 175.14, Lot 1.
(g) 
(g) Block 175.14, Lot 2.
(h) 
Block 175.15, Lot 1.
(i) 
Block 175.15, Lot 2.
(j) 
Block 175.15, Lot 3.
b. 
District boundary lines follow the center lines of streets and similar rights-of-way, or lot lines, unless a specified dimension on the Zoning Map indicates otherwise.
c. 
In case of uncertainty as to the true location of a district boundary line, the determination shall be made by the Zoning Officer. An appeal may also be taken to the Zoning Board as provided in N.J.S.A. 40:55D-70.
d. 
Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from that district.
[Ord. No. 2436-15 § 2; Ord. No. 2357-12 § 25-4]
a. 
Meaning of Certain Terms.
1. 
The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
2. 
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
3. 
Any word or term not defined in this chapter or the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-3-40:55D-7, shall be used with a meaning of standard usage for the context in which the word is used.
b. 
Specific Definitions.
ACCESSORY BUILDING OR STRUCTURE
Shall mean a subordinate building or structure on the same lot with a main building or portion of the main building, occupied or devoted exclusively to a permitted accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY USE
Shall mean use naturally and normally incident and subordinate to the principal use of the premises or lot. The following uses are not accessory uses and are prohibited:
1. 
The dismantling, assembly or repair of a vehicle other than one belonging to a member of the resident household in any Residential Zoning District and any Nonresidential Zoning District where such use is not permitted.
2. 
The outdoor storage of motor vehicle parts or accessories in any Residential Zone.
3. 
An airport, aircraft landing strip, or heliport in any Zoning District.
4. 
Outdoor bins for the collection of used clothing, shoes, household items or other goods.
ALTERATION OF BUILDING OR STRUCTURE
Shall mean a change in the supporting members of a building or structure; an addition, diminution, or the moving of a building from one location to another.
ANTENNA
Shall mean any device specifically designed for the reception or transmission or both of radio frequency signals, but not including receivers, transmitters and transmission lines.
1. 
Antenna support shall mean any mechanical or structural elements whose specific purpose is to support and maintain an antenna at an elevated point.
2. 
Commercial antennas shall mean any combination of antenna support, accessory structures and buildings, and antennas designed in whole or in part for the reception and/or transmission of radio frequency energy as a part of a licensed radio, TV or microwave facility employed for commercial use. Commercial antennas shall include such services as are employed by nonprofit or religious stations not licensed under the amateur or CB regulations of the Federal Communications Commission, but shall not include wireless telecommunications antennas.
3. 
Height. The height of any antenna shall be measured from the mean grade of the surrounding terrain to a radius of 50 feet and up to and including the highest point of the antenna or antenna support whichever is more elevated. Height shall be measured from mean grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level.
4. 
FCC Application shall mean and include any application or other request to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the FCC pursuant to Title I and/or Title II of the Communications Act of 1934.
5. 
FCC filing shall mean and include any application including all attachments, exhibits, appendices, memoranda, amendments, supplements, and comments, correspondence (addressed to the Commission individual comments or objections of other parties, including but not limited to informal objections, petitions to deny, proposed findings of fact, conclusions of law, and briefs on appeal), initial decisions of administrative law judges, decision of Commission, notices of appeal, briefs (including other documents on appeal), and all other matters.
6. 
Personal Communications Antenna shall mean an antenna used exclusively for the reception and transmission of radio frequency signals by an individual or association licensed under 47 C.F. R Part 95 (Citizens Band) of the regulations issued by the FCC or any amendments, revisions or substitutions thereof.
7. 
Radiating element shall mean the part of an antenna which is connected to the transmission line and directly radiates electromagnetic energy into space.
8. 
Wireless telecommunications antenna shall mean a type of antenna that is used specifically for the purpose of providing wireless telecommunications services.
9. 
Wireless telecommunications services shall mean the offering of personal wireless telecommunications, as regulated in the Federal Telecommunications Act of 1996, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. Wireless telecommunications services include those services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or may be developed in the future.
APPLICANT
Shall mean an individual, partnership, corporate or other legal entity, submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 of the Municipal Land Use Law.
AS BUILT DRAWINGS
Shall mean a site plan, building plans and elevations of the site and building or structure, drawn by a New Jersey licensed land surveyor, New Jersey licensed engineer, or a New Jersey licensed architect, whoever is appropriate, which depicts the project as it is built and indicates all the deviations, if any, from the approved site plan and the resolution memorializing the approval of the Planning Board or the Zoning Board. The deviations must be listed in a box on each sheet where such deviations occur. The "as built" drawings shall indicate all structures and all site improvements, including but not limited to, signs, curbs, utilities, sewers, parking areas, landscaping and lighting.
ASSISTED LIVING
Shall mean a facility which is licensed by the State of New Jersey, as an Assisted Living Facility, to provide apartment style housing and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Apartment units offer at a minimum, one furnished room, a private bathroom, a kitchenette without a stove, and a lockable door on the unit entrance.
AWNING
Shall mean a roof-like cover generally made of cloth, canvas or similar material that projects from the wall of a building for the purpose of shielding a doorway or window and which may be retractable.
BAR
Shall mean a place of business duly licensed by the Alcoholic Beverages Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided. For the purposes of this chapter, a "bar" shall also be deemed a "restaurant" only if food is prepared, served and consumed on the premises.
BASEMENT
Shall mean that portion of a building, which is partly below and partly above grade, and having more than 1/2 its height above grade.
BEDROOM
Shall mean any separate room other than a living room, dining room, kitchen or bathroom.
BILLBOARD
Shall mean a nonconforming sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location or locations other than the premises on which the sign is located.
BOARD OF ADJUSTMENT
See Zoning Board of Adjustment.
BUFFER STRIP
Shall mean an area located adjacent to a property line which shall be suitably landscaped and planted to provide an attractive year-round visual and physical separation between the buildings and uses on the property and adjoining lots and streets.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING GROUND COVERAGE
Shall mean the horizontal area of the ground floor of all buildings, measured between exterior faces of foundation walls, but excluding the area of unroofed porches and terraces.
CANOPY
Shall mean a non-retractable structure that permanently projects from the wall of a building, to shield a doorway, window or sidewalk, generally made of rigid building materials and supported by a metal frame.
CAR WASH
Shall mean a building or premises used for the washing of automobiles.
CELL ANTENNA
See wireless telecommunications antenna within definition of antenna.
CELLAR
Shall mean that portion of a building, which is partly or completely below grade or having at least 1/2 its height below grade.
CENTRAL BUSINESS DISTRICT
Shall mean the area located within the boundaries of the Central Business District as shown on the Township's Zoning Map.
CHECK CASHING FACILITY
Shall mean a business or service, other than a State or Federal regulated or chartered bank, savings bank, savings and loan institution, credit union or other financial institution which has as its primary, secondary or accessory purpose the honoring or cashing of checks, drafts or money orders for a fee or other remuneration.
COMMERCIAL ANTENNAS
See commercial antennas within definition of antenna.
COMMERCIAL RECREATION
Shall mean a building, group of buildings or outdoor facilities used for recreational purposes and operated as a business and open to the public for a fee, including skating and roller rinks, indoor batting cages, indoor play areas, sports fields, recreation centers, and indoor swimming pools or tennis courts.
COMMERCIAL VEHICLE
Shall mean any motor vehicle, truck, pickup truck or van licensed, designated for use or used for commercial purposes on the streets and highways of New Jersey such as the providing and delivery of goods, wares, merchandise and services.
COMMON OPEN SPACE
Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMON OWNERSHIP
Shall mean ownership of two or more contiguous parcels of real property by one person or by two or more persons owning the property jointly as tenants by the entirety, joint tenants or tenants in common.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance; and upon the issuance of an authorization therefor by the Planning Board.
CONGREGATE CARE
Shall mean housing which is specially designed multi-unit housing for independent to semi-independent people including community social and dining facilities. Individual living units include at a minimum, a living room/bedroom, bathroom, and kitchenette. These facilities must offer at least one hot meal per day to each occupant and some housekeeping services within each unit.
CONSTRUCTION EQUIPMENT
Shall mean machinery or equipment used in the building, construction or excavating industries such as a backhoe or bulldozer.
CONTINUOUS NURSING COVERAGE
Shall mean nursing services as required by the New Jersey Department of Health for the operation of a long term health care facility.
CONVENTIONAL DEVELOPMENT
Shall mean development other than planned development.
CORNER LOT
Shall mean a lot at the junction of, and having frontage on, two or more intersecting streets. The front door of the structure determines the front and rear yard setbacks and street address.
COUNTY MASTER PLAN
Shall mean a composite of the master plan for the physical development of Essex County, together with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Essex County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
Shall mean the Essex County Planning Board.
DAYS
Shall mean calendar days.
DENSITY
Shall mean the permitted number of dwelling units per gross acre of land to be developed.
DEVELOPER
Shall mean 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
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter or the Municipal Land Use law.
DEVELOPMENT REGULATIONS
Shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DISPLAY SURFACE
Shall mean the total area made available, by the sign structure or otherwise, upon, against, or through which the message of the sign is exhibited.
DRAINAGE
Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLING
Shall mean a structure, or any part of a structure, arranged, intended or designed to be occupied as a residence.
DWELLING UNIT
Shall mean any single unit providing living facilities for one or more persons including facilities for living, sleeping, eating, cooking, and sanitation.
DWELLING, ONE-FAMILY
Shall mean a building containing one dwelling unit.
DWELLING, TWO-FAMILY
Shall mean a building containing two dwelling units.
ENVIRONMENTAL COMMISSION
Shall mean the West Orange Environmental Commission established by § 2-47 of the Revised General Ordinance of the Township of West Orange as amended and supplemented.
ERECT
Shall mean to build, construct, attach, place, suspend, or affix and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of a building, structure, or natural surface.
FACADE
Shall mean the front, side and rear building planes visible from adjoining streets, sidewalks and parking areas.
FAMILY DAY CARE HOME
Shall mean the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (C.30:5B-16 et seq.). Pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-66.5b, family day care homes shall be a permitted use in all residential districts. The requirements for family day care homes shall be the same as for single-family dwelling units located within such residential districts.
FAST FOOD RESTAURANT
Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant.
FLAT BED TRUCK
Shall mean an open back truck designed primarily for the transportation or removal of motor vehicles temporarily or permanently incapable of being operated on the street or highway.
FLOOR AREA
Shall mean the area of all floors computed by measuring the inside dimension of the outside walls in a building, excluding the floors of the following: crawl spaces, cellars, porches, breezeways, patios, terraces, garages, and carports. The floor area of a second floor room or attic shall be included if the ceiling height is at least seven feet, notwithstanding that the room or attic has minor ceiling slopes, provided that these walls are at least five feet in height.
FUNCTIONAL SIGN
Shall mean direction, information, or public service signs, such as signs advertising locations of rest rooms, telephone, or similar facilities of public convenience; and signs located on mechanical dispensing equipment that identify its product.
GARAGE, PRIVATE
Shall mean an accessory building or portion of a building housing motor vehicles strictly for the benefit of the resident.
GARDEN APARTMENT
Shall mean a multi-family residence not to exceed three stories in which not more than four families are served by two entrances and all the livable space for each apartment is on one floor or level.
GO-GO ENTERTAINMENT BUSINESS
Shall mean restaurants, private clubs, snack bars, night clubs, juice bars and businesses of a similar nature, whether serving alcoholic beverages on the premises or not, which include dancing and/or dancing exhibitions by male and/or female entertainers, commonly referred to as "go-go entertainment."
GREEN ROOF
Shall mean a self-sustaining, vegetated roof system that does not require watering or maintenance of the plant material but may require periodic maintenance to prevent the non-living components of the roof system from deteriorating.
GROSS FLOOR AREA
Shall mean the total area of a building, expressed in square feet, and derived by measuring the outside perimeter of the walls at each and every floor or level, including each story at floor level, the basement or any area below grade if the ceiling is higher than six feet. There shall be no deduction made for hall areas, staircases or elevator areas, closets, storage areas, utility rooms, bathrooms, conference rooms, or reception areas.
HELIPORT
Shall mean an area, either at ground level or on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment.
HELISTOP
Shall mean a heliport but without auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment.
HOME OCCUPATION
Shall mean any lawful activity not otherwise prohibited by this chapter performed in a legal owner-occupied one-family residence, including without limitation, consulting, telemarketing, dressmaking, manicuring, craft making or drafting. Home cooking for commercial purposes is not permitted.
HOME PROFESSIONAL OFFICE
Shall mean the use of a single family residence owned and occupied by a person also for his or her professional office where clients or patients are seen in his or her practice of any one of medicine or a related health care profession, law, dentistry, architecture, engineering, psychiatry, psychology, chiropractics, actuary science, physical therapy, certified social work, or accounting.
HOTEL OR MOTEL
Shall mean a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities.
HOUSE OF WORSHIP
Shall mean an institution such as a church, synagogue, temple, mosque or other facility that is used for the assembly of persons of similar beliefs for religious or spiritual worship, prayer and/or meditation.
INDUSTRY, LIGHT
Shall mean the assembly, packaging, storage and distribution of products from finished products or parts.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit. The word "lot" includes the word "plot."
1. 
Shall mean that portion of a lot which is covered by parking areas and any impervious surface including but not limited to principal and accessory, structures, driveways, patios, sidewalks, etc. See Figure 2.
Figure 2: Lot Coverage
2. 
Shall mean the dimension from the rear lot line to the front lot line measured between the mid-points of the rear and front lot lines. See Figure 3.
Figure 3: Lot Depth and Width
3. 
Shall mean the distance measured between side lot lines at the street line of the lot. Every lot must front on a dedicated and accepted street and the minimum street frontage for any lot must be 40 feet or 75% of the required lot width, whichever is greater.
4. 
Shall mean a lot other than a corner lot.
5. 
Shall mean any established boundary of a lot. Any lot line which is neither a rear line nor a front line shall be deemed a side line.
6. 
Shall mean the shortest distance between side lines measured at a point along the required front set-back line of the lot. Where the Table of District Regulations does not require a minimum front yard the lot width shall be measured at the street line of the lot. All lots shall be required to have a minimum width at all points in the lot of 40 feet or 75% of the required lot width, whichever is greater. See Figure 3.
MARQUEE
Shall mean a permanent non-retractable cover made of rigid building materials constructed as an integral part of the building, the supports of which are part of the original structure, which extends from the building over an entrance or sidewalk to shield a doorway, window or sidewalk from the elements.
MARQUEE SIGN
Shall mean a sign which is attached to or printed upon a marquee.
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Shall mean and refer to systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neural myofascial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Shall mean any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration.
MASSAGE, BODYWORK OR SOMATIC THERAPY ESTABLISHMENT
Shall mean any establishment or operation wherein massage, bodywork or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of this municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.
MESSAGE
Shall mean the information promoted by a sign.
MIXED USE
Shall mean dual use of a single parcel of land. All parking, yard, buffer and other requirements applicable to each individual use shall be applied to the combined use.
MOTOR VEHICLE
Shall mean and include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
MOTOR VEHICLE FUELING STATION
Shall mean a building or other structure or premises used for the retail dispensing or sales of vehicular fuels, including the retail sales of oil, grease, anti-freeze, tires, batteries, and automobile accessories.
MOTOR VEHICLE SERVICE STATION
Shall mean a repair shop for motor vehicles including major repairs and clearly accessory services, including the retail dispensing or sales of vehicular fuels, but not including spray booths for painting of vehicles.
MULTI-FAMILY DEVELOPMENT OR MULTI-FAMILY RESIDENTIAL
Shall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
MUNICIPAL LAND USE LAW
Shall mean Chapter 291 of the Public Laws of New Jersey, 1975 codified at N.J.S.A. 40:55-1 et seq. and its amendments.
NATURAL OPEN SPACE
Shall mean any area that is designated as such will be left free from any construction, roads, or developed recreational use. The area will be maintained by the property owner with trees, shrubs, and other fill in planting and paths. Sewer and water line easements may cross this designated "Natural Area."
NONCONFORMING LOT OR PREEXISTING NONCONFORMING LOT
Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE OR PREEXISTING NONCONFORMING STRUCTURE
Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE OR PREEXISTING NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NURSING HOME AND/OR LONG-TERM CARE RESIDENTIAL HEALTHCARE FACILITY
Shall mean a facility, licensed by the Department of Health of the State of New Jersey as a facility, to provide health care under medical supervision and continuous nursing supervision and nursing home level care for 24 or more consecutive hours to two or more residents who are not related to the governing authority by marriage, blood, or adoption. The residents require continuous nursing care and services above the level of room and board because of their physical condition.
NURSING HOME-LEVEL CARE
Shall mean care provided to individuals who have chronic medical condition(s) required by the New Jersey Department of Health for the operation of a long term health care facility.
OFF-SITE SIGN
Shall mean a sign which is located on a lot other than that to which it refers. (See Billboard)
OFFICIAL COUNTY MAP
Shall mean the map, with changes and additions thereto adopted and established, from time to time by resolution of the Board of Chosen Freeholders of Essex County pursuant to N.J.S.A. 40:27-5 and its amendments.
OPEN SPACE
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OUTDOOR CAFE
Shall mean an outdoor designated area that is located on the property of an existing restaurant, bar or retail store or on the public sidewalk or the right-of-way immediately adjacent to the property of an existing restaurant, bar or retail store and where food and beverages that are normally offered to the public inside the restaurant, bar or retail store are offered and served to the public in the designated outdoor area.
OUTDOOR SALE
Shall mean any temporary out-of-doors display by a merchant, on a public sidewalk and contiguous to the merchant's place of business, of goods, merchandise, wares, produce, vegetables, baked goods, food or food stuffs with the intention to sell or dispose of or offer to vend, sell, dispose of or display goods, merchandise, wares, produce, vegetables, food or food stuffs. It shall include "sidewalk sales," "bargain sales," or any other occasional sales held wholly or partly out of doors by any person, business, merchant, group, firm, club, charitable organization or institution in a commercial or business zone. It is not intended to include what are commonly known as carnivals, parades, street fairs and the like.
OUTDOOR SEASONAL SALE
Shall mean a temporary out of doors display of seasonal items with the intention to sell such items.
PARK OR PARKING
Shall mean the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
PARKING AREA
Shall mean an open area other than a street, public way or access driveway, but including aisles that serve parking spaces, used for the parking of motor vehicles and available for use whether for a fee or privilege for clients, customers, suppliers, residents or employees.
PARKING SPACE
Shall mean an off-street space available for the parking of one motor vehicle within a public or private parking facility.
PERSONAL SERVICE STORE OR STUDIO
Shall mean an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
PICKUP TRUCK
Shall mean a truck or other motor vehicle with an open back designed, used or maintained primarily for the regular transportation of property or delivery of services.
PLANNED DEVELOPMENT
Shall mean Planned Unit Residential Development or Residential Cluster.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage of 20 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development. The maximum allowable residential density shall be four units per acre, exclusive of buffer area which is to be determined by the Planning Board. Each development may contain a variety of housing types including but not limited to single-family structures, townhouses, garden apartments and multiple-family dwellings, which the second and third choice each shall be at least 15% of the total units constructed.
PLANNING BOARD
Shall mean the Municipal Planning Board established pursuant to § 25-46.
POLE TRAILER
Shall mean every vehicle without motor power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.
PORTABLE STORAGE CONTAINER
Shall mean any container, storage unit or portable structure (commonly known as PODS®) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property and not for occupancy by persons.
PRINCIPAL SIGN
Shall mean any sign which is used to identify the place of business and primary service or type merchandise sold on the premises. The address, phone number, and name of the proprietor may be displayed. As all "off-site signs" or "billboards" are prohibited, all commercial signs allowed in the Township must be principal signs.
PRINCIPAL USE
Shall mean the primary use and purpose of a lot or structure.
PRIVATE CLUB
Shall mean a nonprofit or public building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, which is not conducted as a business, and whose members pay dues and meet certain prescribed qualifications for membership.
PRIVATE RECREATION FACILITY
Shall mean a recreation court and/or related structures provided as an accessory use on the same lot as a residence and designed to be used by the occupants of the residence and their guests.
PRIVATE SWIMMING POOL
Shall mean a water-filled enclosure having a depth of more than 18 inches below the level of the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming by the occupants of the residence and their guests.
PROFESSIONAL OFFICE BUILDING
Shall mean a building which is used solely for professional offices, which shall include the office or studio of a physician, dentist, optometrist, optician, chiropractor, lawyer, professional engineer, land surveyor, registered architect or teacher and similar licensed professionals. Professional office does not include the purchase or sale of goods, dance instructions, band instrument or voice instructor in groups, tea rooms, beauty parlors, hairdressing and manicuring establishments, convalescent homes or mortuary establishments.
PUBLIC AREA
Shall mean (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
PUBLIC DRAINAGE WAY
Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated to the municipality, a municipal agency, the Board of Education, State or County Agency, or other public body for recreational or conservation uses.
PUBLIC UTILITY BUILDING OR STRUCTURE
Shall mean a building or structure necessary for the furnishing of utility services, such as electric, gas, telephone, water and sewer, to the public.
RECONSTRUCTION
Shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object or part thereof as it appeared when the structure was originally constructed.
RECREATION VEHICLE
Shall mean any motor vehicle primarily designed and used as a travel trailer, camper, camping trailer, motor home or tent trailer and any boat, snowmobile, jet-ski, off-road motorcycle, vehicle intended for the purpose of racing and/or their respective trailer(s).
RECYCLING AREA
Shall mean space allocated for collection and storage of source separated recyclable materials.
REHABILITATION
Shall mean the act or process of returning the exterior of a property to a state of utility which makes possible an efficient contemporary use while preserving those features of the building to reflect the original historical, architectural, and cultural value of the building.
RESIDENTIAL CLUSTER OR CLUSTER DEVELOPMENT
Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance. Each development shall contain an area of a minimum of 10 contiguous acres and a maximum allowable residential density of four units per acre. All residential housing units within each development shall be limited to single family detached and townhouse structures.
RESIDENTIAL HEALTH CARE
Shall mean a facility which furnishes food and shelter to four or more persons who are unrelated to the owner or administrator and which provides any personal care or service beyond food, shelter, and laundry. It serves as a substitute for the residents' own home by providing in addition such services, equipment and safety features required for safe and adequate care of residents at all times. In such facilities, the patients' rooms shall not contain kitchens or kitchenettes.
RESTAURANT
Shall mean a public establishment which serves food and drink primarily or exclusively for consumption on the premises and is not a "fast food restaurant" as defined in this chapter. For the purposes of this chapter, a "bar" shall also be deemed a "restaurant" only if food is prepared, served and consumed on the premises.
RESTORATION
Shall mean the act or process of accurately recovering the form and detail of the exterior of a property and its setting as it appeared at a particular period and time by means of removal of later work or by replacement of missing earlier work.
RESUBDIVISION
Shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL STORE
Shall mean an establishment engaged in the selling or rental of merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods.
ROAD TRACTOR
Shall mean every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry and load thereon either independently or any part of the weight of a vehicle or load so drawn.
ROOF SIGN
Shall mean any sign erected, constructed, or maintained wholly upon or over the roof of any building with the principal support on the roof structure.
SCHOOL
Shall mean any building or part thereof that is designed, constructed or used for education or instruction in any branch of knowledge.
1. 
Shall mean a secondary or higher education or training establishment primarily teaching usable skills that prepare students for jobs in a business or trade and meeting State requirements as a business or vocational facility.
2. 
Shall mean any school that meets State requirements for elementary or secondary education and which does not secure the major part of its funding from any governmental agency.
3. 
Shall mean any school that meets State requirements for elementary or secondary education and which secures the major part of its funding from any governmental agency.
SECURITY ENCLOSURES
Shall mean any rolling, solid, swinging, sliding or accordion-type enclosure, solid or not solid, closing vertically or horizontally, installed as a theft prevention measure on any non-residential building or storefront opening; this does not include garage doors.
SELF-STORAGE FACILITY
Shall mean a building containing separate, individual and private storage spaces available for lease or rent for varying periods of time.
SEMITRAILER
Shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
SENIOR CITIZENS HOUSING PROJECT
Shall mean any Senior Citizens Housing Project, financed by the U.S. Department of Housing and Urban Development under Section 202 program for Housing for the Elderly with Supportive Service and the applicable Interim Regulations published in the Federal Register, dated June 12, 1991, 24 CFR Part 889.
SEPARATE BUILDINGS
Shall mean if two or more buildings are connected by exterior passageways, plazas or subsurface passageways, they shall be considered separate buildings.
SIGN
Shall mean any device for visual communication which is used to direct, identify, inform, advertise, attract attention to or promote the interest of any person, place, activity, institution, organization, business or product when the same is placed in view of the general public.
1. 
Shall mean a sign which is attached to or printed upon the farthest extended edge of the material.
2. 
Shall mean a sign with the capability of content change by means of manual or remote input.
Shall mean a changeable sign whose message copy or content can be changed manually on a display surface.
Shall mean a changeable sign, such as a light-emitting diode (LED) electronic message board or digital display, whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display.
3. 
Shall mean a sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. They shall advertise only the permitted use, products or services on the premises on which they are displayed.
4. 
Shall mean a sign principally supported by one or more columns, poles or braces placed in or upon the ground. Freestanding signs shall advertise only the permitted use, products or services conducted on the premises.
5. 
Shall mean a sign for which the entire bottom is in contact with or is close to the ground.
6. 
Shall mean any sign made of a material other than paper or cardboard that is visible from the window area, or that is applied or adhered directly to the window glazing or etched into that glazing.
7. 
Shall mean an "A-frame" shaped sign that identifies or advertises a place of business and that consists of two sign boards that are hinged together at the top.
8. 
Shall mean a sign erected for a limited period of time as required elsewhere in this chapter.
9. 
Shall mean any sign visible from the window display area or adhered to window or door glazing, other than permanent window graphics, including community flyers, signs advertising a sale or promotion, or any other nonprofessionally manufactured sign. All paper and cardboard signs are considered to be temporary window graphics. No temporary graphics may be adhered to the exterior of a building.
10. 
Shall mean all painted signs and flat signs of solid-face construction and/or appearance which are placed against a building or other structure and attached to the exterior front, rear, or side wall of any building or other structure and attached to the exterior front, rear, or side wall of any building or other structure.
SIGN HEIGHT MEASUREMENT
Shall mean the vertical height of the background upon which the lettering, illustration or display is presented, including the supporting members of any sign.
SINGLE-FAMILY DETACHED DWELLING
Shall mean a detached house designed for or intended to contain only one dwelling unit and having no party wall in common with an adjacent dwelling structure.
SITE
Shall mean any plot, parcel or tract of land.
SITE PLAN
Shall mean a development plan of one or more lots or parcels meeting the requirements of this chapter and the Municipal Land Use Law.
SITE PLAN APPROVAL
Shall not be required for a change in use or modification of an existing use that does not change the size of an existing building or propose any modifications to existing site improvements such as sidewalks, driveways, parking areas, fences and walls.
SITE PLAN REVIEW ADVISORY BOARD
Shall mean the Board established pursuant to N.J.S.A. 40:55D-39f and § 25-51.15 as amended and supplemented.
SITE PLAN, MAJOR
Shall mean any development plan for one or more lots that does not meet the definition of a minor site plan, as defined herein.
SITE PLAN, MINOR
Shall mean any development plan of one or more lots that does not involve planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; and proposes development that would require not more than five new parking spaces over and above the existing permitted spaces on the site, pursuant to the Township's zoning requirements; and proposes development of not more than 1,000 square feet of new building floor area.
STORE
Shall mean keeping for safe care or custody whether temporarily or permanently.
STORY
Shall mean the space of a building between the surface of a floor and any floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it. A story shall also be constituted between a floor and roof above when 60% of the total floor area has a minimum ceiling height of seven feet six inches. See Figures 4 and 5 for illustrations of story, half story and first story.
Figure 4. First Story Above Cellar
Figure 5. Basement as First Story
1. STORY, HALF — Shall mean an area under a sloping roof with less than 60% but more than 25% of its total floor area having a minimum ceiling height of seven feet six inches and with no portion of the area used for residential living purposes having a minimum ceiling height of less than three feet six inches.
2. STORY, FIRST — Shall mean any story having its finished floor surface entirely above grade, except a basement shall be considered a story above grade when the distance from the grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or for more than 12 feet at any point.
STREET
Shall mean a road, highway, avenue, street, lane or other way, public or private, set aside and commonly used for travel purposes, and shown on the Township map or upon a filed subdivision plat.
STREET LINE
Shall mean the dividing line between the street right-of-way and a lot, tract, or parcel of land which street line shall be no less than 25 feet from the center line of the street to right-of-way.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land, but not including a driveway, sidewalk or path. The word "structure" shall include the word "building."
TEACHER
Shall mean a person giving individual instruction to students of a musical instrument, voice or in academic or scientific subjects to a single pupil at a time.
THEATER
Shall mean a facility used to show motion pictures or for drama, dance, musical or other live performance. A facility consisting of more than one auditorium or other room used as a theater shall be considered a single theater for the purposes of this chapter.
THROUGH LOT
Shall mean a lot other than a corner lot having frontage on two streets.
TOW TRUCK
Shall mean any vehicle manufactured or designed for the purpose of towing and for removing motor vehicles.
TOWNHOUSES
Shall mean single-family attached dwelling units with common walls.
TRAILER
Shall mean every vehicle with or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRUCK
Shall mean every motor vehicle designed, used or maintained primarily for the regular transportation of property or delivery of services.
TRUCK TRACTOR
Shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VAN
Shall mean an enclosed motor vehicle designed, used or maintained primarily for the regular transportation of property or delivery of services.
VARIANCE
Shall mean permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40(b), 40:55D-60 and 40:55D-70(c) and (d) and amendments.
VEHICLE
Shall mean every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.
VIDEO ARCADE OR AMUSEMENT ARCADE
Shall mean any structure or part of a structure open to the public whose primary or main business is the offering of mechanical amusement devices as defined in § 5-12, other similar player-operated amusement devices, or the playing of pool or billiards to the public for use at a charge; provided, however, that a "jukebox" shall not be considered a mechanical amusement device or other similar player-operated amusement device.
WHOLESALE BUSINESS
Shall mean an establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
YARD
Shall mean and include:
1. 
Shall mean an open space, on the same lot with a building, between the front street line of the lot and the front line of the nearest roofed portion of the building and extending from side property line to side property line.
2. 
Shall mean an open space on the same lot with a building, between the rear line of the lot and the rear line of the nearest roofed portion of the building and extending from side property line to side property line.
3. 
Shall mean an open space, on the same lot with a building, between the side line of the lot and the building, and extending from the front yard or from the front street line where no front yard exists, to the rear yard.
4. 
Shall mean a yard on the side street frontage of a corner lot.
See Figures 6 and 7 for illustrations of yards.
Figure 6: Yard Locations, Interior Lot
Figure 7: Yard Locations, Corner Lot
ZONE BOUNDARY LINE
Shall mean all lines drawn between zones shall follow the property line unless a specified dimension on the zoning map indicates otherwise. If the boundary of a zone is determined by a street, then it shall be measured from the center line of the street.
ZONING BOARD OF ADJUSTMENT
Shall mean the Board established pursuant to N.J.S.A. 40:55D-69 and § 25-47 as amended and supplemented.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer.
1. 
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
2. 
Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 or 40:55D-70 and their amendments.
ADMINISTRATIVE OFFICER
For purposes of this chapter shall mean the Director of Planning and Development.
[Ord. No. 2357-12 § 25-7.1]
The general regulations for each zoning district pertaining to permitted uses, accessory uses, conditional uses, height, lot area and other bulk requirements are contained in "The Table of District Regulations" which is declared to be a part of this chapter. (The Table of District Regulations (Parts A and B) are included as attachments to this chapter.) Every use established after the adoption of this chapter shall conform in total to the requirements contained herein unless otherwise exempted by a specific provision of this chapter.
a. 
Pursuant to Section XII (Relationship to Municipal Development Regulations) of the West Orange Downtown Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations. See the West Orange Downtown Redevelopment Plan for applicable regulations, on file in the office of the Township Clerk.
b. 
Pursuant to Section V (Administrative Provisions) of the Organon Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations. See the Organon Redevelopment Plan for applicable regulations.
c. 
Pursuant to Section 10 (Proposed Land Uses and Building Requirements in the Redevelopment Area) of the Valley Road Area (Harvard Press) Redevelopment Plan, the Redevelopment Plan supersedes use, bulk and design standards and provisions of the Township Development regulations. See the Valley Road Area (Harvard Press) Redevelopment Plan for applicable regulations.
[Ord. No. 2357-12 § 25-8]
In addition to the provisions of § 25-8, every use shall be further subjected to all of the following applicable supplemental provisions:
[Ord. No. 2357-12 § 25-8]
In any district no accessory structure, building, storage area, off-street parking area or truck loading space shall be permitted within five feet of a property line. The following additional restrictions shall apply to certain structures and uses:
a. 
No accessory uses shall be located within any minimum required front yard or side yard.
b. 
If any such accessory use is located in B, I, or I-B district and a property line which is the district boundary line abuts a residential district, then the minimum required distance from such property line shall be 10 feet.
c. 
Parking areas, in an OB-2 or O-R district shall be not less than 75 feet from the property line, except where such property line is the district boundary line which abuts a residential district, in which case the required distance shall be not less than 100 feet from such property line.
d. 
A private swimming pool, a private recreation facility and any related structures shall comply with the required side yard setbacks for a principal structure in the zone in which they are located and shall not be permitted within 10 feet of a rear property line.
e. 
No accessory building shall be located within 15 feet of any principal building, except as otherwise provided in this chapter.
f. 
An accessory building in a residential zone shall not be taller than 1 1/2 stories or 15 feet, shall not cover more than 1/3 of the minimum required rear yard, and shall not be used as living or sleeping quarters.
[Ord. No. 2357-12 § 25-8.1]
In all districts, the space in a required front, side, side front yard or rear yard shall be open and unobstructed except for:
a. 
An unroofed terrace projecting not more than eight feet into the required rear yard.
b. 
Steps projecting not more than six feet leading to a basement or first floor.
c. 
Doorways, windows, sills, lintels, wall ornaments or leaders projecting not more than two feet. A variance shall be required for any feature that projects more than two feet into a required yard.
d. 
Fire escapes required by law, and chimneys, not over four feet wide, provided that the Building Inspector shall determine that such projections are so placed as not to obstruct light or ventilation.
e. 
An existing private garage for a one-family or two-family dwelling may be rebuilt within its same footprint.
[Ord. No. 2357-12 § 25-8.3]
In all districts, through lots lying wholly or partly within any district, in which a front yard is required shall be considered as having two frontages, each of which shall be subject to the front yard regulation contained in the Table of District Regulations.
[Ord. No. 2357-12 § 25-8.4; Ord. No. 2465-15 § 2]
Walls and fences are permitted under the following conditions:
a. 
Walls and fences which are not more than 50% solid are permitted anywhere on the property, in all districts, provided they are not higher than four feet.
b. 
Solid walls and fences not higher than six feet are permitted in the rear yard and on the side property line up to the rear line of the applicant's house. If the distance on each side of such a fence is more than five feet to each adjacent house, such solid fence may be located in the side property up to the front of the applicant's house.
c. 
In all nonresidential districts, fences or walls not exceeding six feet in height shall be permitted in the side and rear yards provided the fence or wall is not closer than five feet at any point to a principal building in a residential district.
d. 
In all nonresidential districts, a fence or wall to be used for screening may not exceed six feet in height.
e. 
In all districts the finished side of the fence must face away from the applicant's property.
f. 
The use of barbed and/or razor wire is prohibited in all districts.
g. 
Electrical wire fence is prohibited in all districts.
h. 
No fence as described in this subsection may be constructed in any district without a written application being made to the Zoning Officer who shall issue a permit after compliance with the following fee schedule:
1. 
A $50 fee for erection in any residential district.
2. 
A $100 fee for erection in any nonresidential district.
[Ord. No. 2357-12 § 25-8.5]
In any district, no building or accessory building and no wall or fence shall be permitted within 15 feet of the center line of any stream, water course, or other natural drainage line which carries storm water run-off, in order that access by the duly constituted authorities or the Township may be assured for the purpose of cleaning, dredging and otherwise maintaining such drainage line. In the application of this subsection to a particular lot the Township Engineer shall determine whether access to the stream, intermittent watercourse or natural drainage line which forms a part of such is necessary in the public interest.
[Ord. No. 2357-12 § 25-8.6]
No site plan shall be approved for development unless sufficient capacity exists in the public sanitary sewers, and storm sewers, or will be made available prior to the start of construction and that there is adequate access to public streets.
[Ord. No. 2357-12 § 25-8.7]
Commercial antennas are absolutely prohibited in all districts except in those districts in which they are permitted as a conditional use. The conditional use requirements for commercial antennas are set forth in Subsection 25-24.2b,2e.
[Ord. No. 2357-12 § 25-8.8]
a. 
Personal communications antenna utilized by an individual or association duly licensed in the Citizens Radio Service under 47 C.F.R., Part 95 of the regulations of the Federal Communications Commission, or any amendment, revision or substitution thereof, shall not exceed a height of 60 feet or any lower height limitation that may from time to time be prescribed by Federal law for such radio service.
b. 
Personal communications antennas utilized by an individual or association duly licensed in the Citizens Radio Service under 47 C.F.R., Part 97 of the regulations of the Federal Communications Commission, or any amendment, revision or substitution thereof, shall not exceed a height of 100 feet.
c. 
All personal communications antennas as herein defined shall be considered accessory uses in all residential zones.
[Ord. No. 2357-12 § 25-8.9]
a. 
Antennas designed solely for the reception of radio and TV signals shall not exceed a height of 20 feet above the height of the principal structure, without approval of the Planning Board or Board of Adjustment. Such approval may be granted upon a showing that due to topography, configuration of buildings or surrounding structures or trees adequate reception is not possible below 20 feet above the height of the principal structure to which the antenna and or antenna support is to be affixed.
b. 
All other antennas, except those employed for specially licensed experimental uses and those utilized by governmental agencies, Civil Defense and the First Aid Squad, are prohibited in all districts of West Orange.
[Ord. No. 2357-12 § 25-8.10]
All construction trailers shall be removed within 72 hours of the issuance of a Certificate of Occupancy or the cessation of active construction for a period of 30 days, whichever is sooner. This 30 day period may be extended for an additional 30 days upon application to the Construction Official. Construction trailers shall not be parked within areas to be conveyed for roadway purposes or right-of-way.
[Ord. No. 2357-12 § 25-8.11]
Green roofs shall be permitted in all zone districts. Green roofs shall be installed in accordance with the following criteria:
a. 
A green roof shall consist of four layers: a waterproof membrane, a layer of insulation, a drainage layer, and the growing medium (substrate). Additionally, a protective layer of PVC or other suitable material may be placed beneath the growing medium to protect against roots penetrating the waterproofing layer.
b. 
The growing medium shall be a thin, lightweight medium suitable for planting wildflowers or grasses; for example, a mix of expanded shale and/or sand with 10% humus.
c. 
Plantings on green roofs shall be shallow-rooted, drought-tolerant species that thrive in thin, nutrient-poor soils and will not require irrigation; for example, mosses and grasses.
d. 
Green roofs shall be subject to approval by the Township Engineer and shall be subject to periodic inspection.
[Ord. No. 2357-12 § 25-8.12]
There shall be no more than one principal use upon any single lot, except:
a. 
In B-1 and B-2 Districts, residential uses shall be permitted on the second floor or above in a building which has a permitted commercial or retail use on the first floor.
b. 
All proposed mixed-uses must comply with all health and building code regulations, including Certificate of Continued Occupancy requirements. Off-street parking shall be provided as required for each individual use, except that shared parking shall be permitted for a mixed-use development containing a residential use, per Subsection 25-12.2a,3.
c. 
All commercial/retail uses currently on the street level cannot be converted to residential use.
d. 
Mixed uses and multiple principal uses on one lot shall be permitted in the B-1, B-2, P-C, O-R and I Districts.
[Ord. No. 2357-12 § 25-8.13]
As built drawings shall be submitted to the Engineering and Building Departments of the Township for all commercial and industrial projects, and for all residential projects with more than five dwelling units in a subdivision. All such drawings shall be certified by a New Jersey State licensed engineer, architect or surveyor under seal, whoever is appropriate. No final Certificate of Occupancy shall be issued until an "as built" drawing or drawings for the project are submitted and approved by the Construction Official, Township Engineer and Zoning Officer.
[Ord. No. 2357 § 25-8.14]
(See also Chapter 32, Land Subdivision, § 32-13, Recycling Area Requirements.)
a. 
There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c.102.
b. 
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
c. 
The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
d. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
e. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
f. 
Landscaping and fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
[Ord. No. 2357-12 § 25-8.15]
In all districts, utility boxes and other ground level utility structures shall be screened on at least three sides by landscaping that will conceal the box throughout all seasons of the year, while permitting access by the utility company. Such provision should be reflected in the landscape plan portion of all preliminary and final site plans.
[Ord. No. 2357-12 § 25-8.16]
Every homeowner within all districts of the Township of West Orange shall maintain any roofleaders, downspouts, and/or any other storm drainage system so that runoff is not directed onto any neighboring properties.
[Ord. No. 2357-12 § 25-9]
In addition to the provisions of the Table of District Regulations, every use in a residential district shall be further subjected to all of the following applicable supplemental provisions.
[Ord. No. 2357-12 § 25-9.1]
In any residential district, a horticultural or agricultural building may be constructed or maintained only as an accessory to the main building on the same lot; and no heating plant in conjunction therewith shall be located within 20 feet of any lot line, and no fertilizer shall be stored within 25 feet of any lot line.
[Ord. No. 2357-12 § 25-9.2]
In any residential district on a lot of two acres or more, a building or enclosure for the housing of animals may be constructed or maintained only as an accessory to the main building on the same lot. No building or enclosure shall be used for the housing of more than three domestic or farm animals and such building or enclosure shall not be within 50 feet of any lot line. See § 10-12 of Chapter 10, Animals, of the Revised General Ordinances of the Township of West Orange for additional regulations for household pets and other animals.
[Ord. No. 2357-12 § 25-9.3]
Federal, State, County or Township buildings shall be permitted, except that workshops, storage facilities and other uses similar to those normally permitted only in industrial districts shall be excluded from residential districts.
[Ord. No. 2357-12 § 25-9.4]
Except where clearly demonstrated that it is physically impossible all utility lines shall be placed underground in all developments in all Zoning Districts.
[Ord. No. 2357-12 § 25-9.5]
a. 
When the dwelling units in a garden apartment building are separated by party walls, no facade of such building shall be more than 80 feet long.
b. 
Contiguous lots occupied by a group of garden apartments or garden apartment buildings shall be considered as one lot or tract of land.
c. 
Not more than 40% of the area used for residential living purposes in a half story above the second floor shall have a ceiling height of less than seven feet six inches, and no portion of such area shall have a ceiling height less than five feet.
d. 
Roofs of garden apartment buildings shall be of gambrel, hip, gable, or mansard type construction.
e. 
No space may be used for dwelling purposes below the first floor of a garden apartment building, except that in the basement provision may be made for living quarters for employees of the owner necessary to the maintenance of the building. Such living quarters, when provided, shall be included in the computation of minimum required lot area per unit.
f. 
Garages shall conform in architectural design with the garden apartment building to which they are accessory. Each of the dwelling units shall be provided with one fully enclosed garage of not less than 200 square feet clear area in addition to the exterior parking of 1 1/2 parking space for each apartment.
g. 
No parking space in a garage or parking area shall be rented or sublet to anyone other than a resident of the garden apartment buildings, and shall be located between such buildings and their detached accessory uses.
h. 
Garden apartment project sites shall contain two acres or more.
[Ord. No. 2357-12 § 25-9.6]
The following supplemental district regulations shall apply to offices located within an R-G District on a site of five acres or more.
a. 
Use of Front and Rear Yards. No use shall be made of any required yard except that entrance and exit driveways may cross the front yard. Further, automobile parking is permitted so as to encroach upon the required rear yard, subject to the Subsection 25-8.1. The foregoing notwithstanding, in no cases shall more than 50% of the required front yard be paved for driveways.
b. 
Parking. Off-street parking shall be provided on the same site as the structure developed under the provisions of this chapter.
c. 
Landscaping and Site Plan. The grounds of an office building site shall be suitably landscaped and maintained and shall be suitably screened from the adjoining residential districts, if any. A landscape plan prepared by a professional landscape architect shall be submitted for review by the Environmental Commission.
d. 
Building Type. All buildings erected under the provisions of this section concerning offices shall have an exterior design so as to present the appearance of a residential structure.
[Ord. No. 2357-12 § 25-9.7]
The Township Council finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration or conditions affecting the health, safety and morals of the inhabitants and the Township at large; and tends to deprive the Township of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this subsection to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any subdivision or development in the same residential district and thus to promote and protect the health, safety, morals and general welfare of the community.
a. 
Distance between Dwellings. Except as herein provided, no building permit shall be issued for any structure or residence to be erected in an R-1 through and including an R-4 District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 199 feet of a dwelling then in existence or for which a building permit has been issued or is pending; that no building permit shall be issued for any dwelling or residence to be erected in an R-5, R-6 or R-T District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwellings situated on the same or opposite sides of the street within 149 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
b. 
Dwelling Characteristics. Dwellings and residential buildings within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any four of the following characteristics:
1. 
The same basic roof design as it may affect the main roof ridge in length and height above the plate. All flat roofs shall be deemed identical in dimension above the plate.
2. 
The same basic dimensions and floor plans are used without substantial differentiation of the front elevation in texture and material.
3. 
The same basic dimensions and floor plans are used without substantial differentiation in setback. A setback with a difference of four feet or more shall not be considered to be the same.
4. 
The same basic dimensions and floor plans are used without substantial differentiation in the front elevation in location, height and design of porches, if any.
5. 
The same basic dimensions and floor plans are used without substantial differentiation as it affects either the architectural design or locations of entrances, doors and windows.
c. 
Lot Dimension Requirements. The Construction Official and/or Zoning Officer is directed to require, before the issuance of a building permit in any subdivision or part thereof approved by the Planning Board and Township Council prior to the adoption date of this ordinance, that the terms and conditions hereof shall be followed.
d. 
Administration. The Construction Official and/or Zoning Officer shall be charged with the responsibility of administering and enforcing the provisions of this section and in the event a building permit is denied by the Construction Official, for reason that the proposed dwelling does not comply with the terms of this section, the reason for the denial shall be stated in writing.
[Ord. No. 2357-12 § 25-9.8]
The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare.
a. 
Minimum Schedules. Every dwelling or residence building, other than a hotel, erected or remodeled to accommodate additional families shall provide a minimum residential living area per unit on finished floors, in conformity with the following schedules for specific types of residence buildings in the various districts. The minimum stipulated herein shall be deemed to be exclusive of porches, breezeways, garage area, basement, cellar areas and laundry rooms; that in the case of a dwelling with living accommodations on two or more levels, commonly known as a split level or bi-level, any room, the floor of which averages more than two feet below the outside ground level, shall not be considered as part of the residential living area.
1. 
One story one-family dwelling:
R-1 District
2,200 square feet
R-2 District
1,800 square feet
R-3 District
1,500 square feet
R-3AH District
1,500 square feet
R-4 District
1,400 square feet
R-5 District
1,300 square feet
R-6 District
1,000 square feet
I-B District
1,500 square feet
2. 
One and one-half story one-family dwelling, with unfinished attic floor:
R-1 District
2,200 square feet
R-2 District
1,800 square feet
R-3 District
1,500 square feet
R-3AH District
1,500 square feet
R-4 District
1,400 square feet
R-5 District
1,300 square feet
R-6 District
1,000 square feet
I-B District
1,500 square feet
3. 
One and one-half one-family dwelling, with finished attic floor:
R-1 District
3,000 square feet
R-2 District
2,500 square feet
R-3 District
2,200 square feet
R-3AH District
2,200 square feet
R-4 District
2,200 square feet
R-5 District
1,500 square feet
R-6 District
1,450 square feet
I-B District
2,200 square feet
4. 
Two story one-family dwelling, with unfinished second story:
R-1 District
2,200 square feet
R-2 District
1,700 square feet
R-3 District
1,400 square feet
R-3AH District
1,400 square feet
R-4 District
1,400 square feet
R-5 District
1,300 square feet
R-6 District
1,000 square feet
I-B District
1,500 square feet
5. 
Two story one-family dwelling with finished second floor:
R-1 District
3,000 square feet
R-2 District
2,500 square feet
R-3 District
2,200 square feet
R-3AH District
2,200 square feet
R-4 District
2,200 square feet
R-5 District
1,600 square feet
R-6 District
1,450 square feet
I-B District
2,200 square feet
6. 
One-family dwelling, more than two stories in height:
R-1 District
3,000 square feet
R-2 District
2,500 square feet
R-3 District
2,200 square feet
R-3AH District
2,200 square feet
R-4 District
2,200 square feet
R-5 District
1,600 square feet
R-6 District
1,450 square feet
I-B District
2,200 square feet
7. 
Two-family dwellings:
R-T District
1,100 square feet per unit
R-M District
1,100 square feet per unit
I-B District
1,100 square feet per unit
8. 
Twin dwelling:
R-T District
1,100 square feet per unit
R-M District
1,100 square feet per unit
I-B District
1,100 square feet per unit
9. 
Multi-family residence/garden apartment dwelling unit:
Efficiency Apartments
600 square feet
1 Bedroom Apartments
800 square feet
2 Bedroom Apartments
1,000 square feet
3 Bedroom Apartments
1,100 square feet
Any rooms other than those designated or to be designated as living room/one bedroom combination, kitchen and bath in garden apartment shall be considered for the purposes of this chapter as bedrooms.
10. 
A dwelling with living accommodations on two or more levels, commonly known as a split level or bi-level:
R-1 District
3,000 square feet
R-2 District
2,500 square feet
R-3 District
2,200 square feet
R-4 District
2,100 square feet
R-5 District
1,800 square feet
R-6 District
1,500 square feet
11. 
Senior Citizen Housing Apartments:
1 Bedroom Apartments
515 square feet
2 Bedroom Apartments
780 square feet
b. 
Applicability. This subsection shall only affect dwellings or buildings to be erected or remodeled on any lot or parcel which shall become part of any subdivision, approved by the Planning Board after the adoption date of this ordinance. Any lot or parcel presently appearing on the tax maps of the Township or appearing on any map or plat heretofore approved, the minimum requirements as to house sizes existing at the time of the amendment shall prevail.
[Ord. No. 2357-12 § 25-9.9; Ord. No. 2464-15 § 3]
No home occupation may be conducted in a legal owner-occupied one family residence unless the following conditions are met:
a. 
A simplified site plan indicating the location of the use on the premises within the principal structure and written description of the occupation to be conducted shall be submitted to the Building Department and Zoning Official. A Certificate of Continued Occupancy, Certificate of Occupancy, or Certificate of Habitability shall be required for home occupations.
b. 
The proposed activity shall comply with the following:
1. 
Only one such activity shall be permitted on the premises within the principal structure; and such use must not be incompatible with or disturb the adjacent residential neighborhood.
2. 
The activity shall be conducted solely by a person or persons, and members of his/her immediate family, all of whom shall be residing fulltime and permanently on the premises, and by no other person or persons living off the premises.
3. 
Not more than 12.5% or 1/8 of the floor area of the principal structure shall be used for such activity.
4. 
No display or advertising of products or services shall be visible from outside of the principal structure in which the activity takes place.
5. 
No outside storage any way related to the activity shall be visible from outside of the principal structure in which the activity takes place.
6. 
No pick-up or delivery of materials to or from the premises in which the activity takes place shall be made, except by private passenger vehicle, licensed package delivery service, or US Postal Service.
7. 
The activity, including deliveries as described in Subsection 6, shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m.
8. 
The activity shall not give rise of the need for on-street parking which shall interfere with the residential parking on the street adjacent to the principal structure in which the activity is permitted.
c. 
The following activities related to home occupations are prohibited:
1. 
Any activity which creates noise, smells or sights, which are ascertainable outside of the principal structure in which the activity takes place;
2. 
Any activity which causes interference with electrical or electronic equipment off the premises in which the activity takes place;
3. 
A retail or wholesale salesroom(s) or showroom(s);
4. 
Any activity which involves the use or storage of hazardous materials as defined by law.
[Ord. No. 2357-12 § 25-9.10; Ord. No. 2464-15 § 4]
A home professional office must meet the following conditions:
a. 
The home must be located on one of the following streets or roadways: Pleasant Valley Way, Mount Pleasant Avenue, State Highway 10, Northfield Avenue, Main Street, Prospect Avenue, Gregory Avenue, Old Short Hills Road, Eagle Rock Avenue, Park Avenue, Washington Street, Harrison Avenue, Valley Road or South Valley Road.
b. 
The professional use must be located on the entry level, and shall not occupy (i) more than 50% of the entry level and (ii) shall not exceed 1,000 square feet.
c. 
A site plan indicating the part of the premises, with square footage, to be used shall be submitted to the Planning Board for approval. A Certificate of Continued Occupancy, or Certificate of Occupancy, shall be required. Amended site plan approval and a new Certificate shall be required for any change of the profession practiced on the premises.
d. 
The applicant shall submit evidence that he or she has the degree, certificate or license of the profession for which the premises are to be used.
e. 
Not more than three people, including the resident of the home and staff, can work in the professional activity on the premises.
f. 
A sufficient number of spaces shall be provided for off-street parking for residents of the home and staff personnel.
g. 
A name plate, not exceeding one square foot in area, may be used after obtaining a sign permit from the Planning Department. No interior illuminated lighting in the sign shall be permitted; and only the name of the professional and the profession shall appear on the sign which shall be within the property lines not more than five feet high, and shall be located within the property lines of the site. No signs shall be posted in windows.
h. 
If a home is located on a corner lot, and one of the adjacent streets is listed in Subsection a, a home professional office, otherwise subject to the requirements of this ordinance is permitted.
[Ord. No. 2357-12 § 25-9.11]
The use of portable storage containers is permitted on a temporary basis and must meet the following conditions:
a. 
Portable storage containers shall be placed on property within a residential zone for no more than 30 days unless used in conjunction with a construction permit, in which event, it shall be permitted to remain for the duration of the construction permit, but no more than one year.
b. 
A property owner may apply for an extension of the thirty-day limitation to the Zoning Officer for good cause, but in no event for more than an additional 30 days.
c. 
No portable storage container shall be placed in any area on a residential property not meeting the accessory structure setback requirements of the zone and in no event shall a portable storage container be placed in a front yard, the public right-of-way, or at any location which obstructs traffic visibility. All portable storage containers shall be placed on a driveway, where possible.
d. 
There shall be a limit of one portable storage container per property.
e. 
The size of a portable storage container shall not exceed 10 feet in height and 10 feet by 20 feet in width and length.
f. 
The portable storage container and the area surrounding it shall be kept in a neat and clean condition.
g. 
Persons intending to place a portable storage container on a residential property shall first obtain a permit therefor following completion of the relevant application form and payment of a fee of $75.
[Ord. No. 2357-12 § 25-10.1]
The Township Council has determined that West Orange contains many unique geological, topographical and environmentally sensitive conditions within its boundaries. Furthermore, the diminishing amount of open space and changes in land development techniques require that new land use control methods be employed to insure that environmentally sensitive areas be protected and that future growth be consistent with the character of the community as a whole and with the goals described by the Revised Comprehensive Master Plan of the Township. Therefore, in order that the public's health, safety and general welfare be furthered and the conservation and more efficient use of energy, materials and open space be encouraged and that a more efficient use of the land and public services be fostered, together with the need to lessen the demand on the community's infrastructure, the Township does hereby provide for the following planned development districts.
[Ord. No. 2357-12 § 25-10.2]
The areas within which the controls of this section shall apply are delineated on the Township Zoning Map and are entitled "Planned Unit Residential Development" (PURD) and "Cluster" (RC) Districts of the Township of West Orange, Essex County, New Jersey, which map is adopted simultaneously herewith.
a. 
Standards of Development.
1. 
Permitted Uses. The following uses shall be permitted within PURD and RC Districts.
(a) 
Single-family, detached dwelling in the RC District only.
(b) 
Townhouses.
(c) 
Garden apartments in the PURD District only.
(d) 
Multi-family development in the PURD District only.
(e) 
Common open space.
(f) 
Developed recreational facilities.
(g) 
Uses ancillary and accessory to the above.
(h) 
Retail and service facilities for the project only with no signs or exterior advertising.
2. 
Permitted Density. The density shall be computed on the basis of the entire contiguous tract owned by the applicant. The density of the development need not be uniformly applied to the entire site for which an application for a Planned Development is submitted, provided that all site design objectives and staging limitations established elsewhere in this section are adhered to by the applicant. The maximum density in the RC and PURD Districts shall be four dwelling units per gross acre.
3. 
Open Space Credit. "If a portion of land being part of a contiguous area, or adjacent to a P.U.R.D. or Cluster Zone is dedicated or restricted by the owner as a transitional strip, buffer or common open space, then the density for the area of the lands remaining in the P.U.R.D. zone or Cluster Zone may be computed by the Planning Board on the basis of the total acreage owned by the proposed developer to the allocations of such land for the transitional strip, buffer or common open space. In no case shall such transitional strip, buffer or common open space exceed 30% of the total land area included as part of the application." If the area has been used in the calculation of open spaces or buffering elsewhere, the area cannot be used again. Explanation: This provision allows, under certain circumstances, areas adjacent to P.U.R.D. or Cluster Zones to be included in the density computations for the P.U.R.D. or Cluster project.
b. 
Common Open Space. Common open space shall be provided as part of any Planned Residential District. The minimum amount of common open space to be provided shall be calculated and determined as follows:
1. 
The total amount of common open space within a Planned Residential District, including sidewalks, decorative paved areas, swimming pools, tennis courts and other recreational facilities, shall be not less than 20% of the total tract being considered.
2. 
The maximum impervious coverage (which term includes all roof areas, curbing, streets, roads, driveways and paved parking areas, but which does not include sidewalks, recreational areas, such as tennis courts, swimming pools, etc. or decorative paved areas) shall not exceed 50% of the total tract being considered.
3. 
Anything in the foregoing subsections to the contrary notwithstanding, not less than 20% of the total tract shall be natural open space which shall not contain any roads, parking lots or structures, or consist of required back yards.
4. 
All land which would be required for single house lots, under the minimum size requirements of this section, but is not so used under the permitted lot sized reduction provisions of this section, but is not so used under the permitted lot sized reduction provisions of this section must be devoted instead to common open space.
5. 
The location of common open space shall be subject to approval by the Planning Board or Zoning Board in accordance with the guidelines established under the site and design objectives included elsewhere in this section and in the Site Plan and Subdivision Ordinances.
6. 
Improvements to the common open space shall be determined by the Planning Board or Zoning Board with "D" variance and may include but shall not be limited to grading, drainage, planting, walkways, lighting and recreational facilities.
7. 
The municipality, by affirmative action of the Council, may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance. Common open space need not be dedicated to or made available for public use, in which instance the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township or other governmental agency.
In the event that the organization established to own and maintain common open space or any successor organization shall at any time after establishment of the "Planned Development" (PURD or RC) fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Township may serve written notice upon such organization or upon the residents, owners, developers or mortgagees of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within 50 days or any extension thereof, then the Township, in order to preserve the taxable values of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. The entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the planned development, to be held by the municipal authority, at which hearing such organization or the residents and owners of the planned development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the municipal authority shall determine that such organization is not ready and able to maintain the common open space in reasonable condition, the municipality may, at its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal authority in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned development that have a right of enjoyment of the common open space, and shall become a tax lien on the properties. The Township, at the time of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned development.
c. 
Private Roads. The required width of pavement and graded rights-of-way cross section shall be the same as that required for public streets and meet the Township's standards.
d. 
Other Standards.
1. 
Requirements for single-family detached dwellings shall be as follows:
(a) 
Minimum lot size — one acre.
(b) 
Minimum front yard — 35 feet.
(c) 
Minimum rear yard — 45 feet.
(d) 
Minimum side yard — 20 feet by 20 feet.
(e) 
Maximum building height — 35 feet.
(f) 
Minimum lot width — 125 feet.
(g) 
Maximum coverage — 20%.
(h) 
Minimum off-street parking spaces — 2.5 per dwelling unit.
2. 
Townhouses (RC District) shall be permitted provided that the requirements of the subdivision ordinance are met, as well as the following:
(a) 
Total minimum parcel — 10 contiguous acres.
(b) 
Minimum lot size — 2,500 square feet.
(c) 
Minimum front yard — 30 feet.
(d) 
Minimum lot depth — 100 feet.
(e) 
Maximum building height — three stories or 35 feet.
(f) 
Minimum off-street parking spaces — 2.0 per dwelling unit.
3. 
Requirements for mixed forms of dwelling units in a PURD District.
(a) 
Total minimum parcel size — 20 contiguous acres.
(b) 
Minimum lot size per dwelling unit — 2,500 square feet.
(c) 
Minimum building size per structure — 1,800 square feet.
(d) 
Minimum floor area per dwelling unit within a multi-family structure — 600 square feet.
(e) 
Maximum building height — 35 feet.
(f) 
Minimum distance between buildings — 50 feet.
(g) 
Maximum number of dwelling units per grouping — 6.
(h) 
Minimum off-street parking stalls per dwelling unit — 2.0.
4. 
In all cases where an RC District or a PURD District abuts any other residential zone, there shall be provided within the tract being developed as a PURD or RC, a natural state buffer zone consisting of only upgraded natural land contours and natural or filled in planting, of not less than 50 feet contiguous to the border of the other residential zone. The Planning Board may permit the following alterations to the natural state and none other.
(a) 
The erection of a fence in a size and form acceptable to the Planning Board.
(b) 
Replacement planting to restore any growth damaged or destroyed during construction.
e. 
Townhouse Residential Cluster Developments. A townhouse residential cluster development shall be permitted in the R-3 District as a conditional use under all the requirements and conditions of Subsection 25-24.2b(1)(k).
f. 
Townhouse/low-rise residential cluster developments shall be permitted in the R-5 District as a conditional use under all the requirements and conditions of Subsection 25-24.2b(1)(l) as amended.
[Ord. No. 2357-12 § 25-11]
In addition to the provisions of the Table of District Regulations, every use in a nonresidential district shall be further subjected to all of the following regulations.
[Ord. No. 2357-12 § 25-11.1]
In an industrial district, machine shops and research laboratories, experimental or testing, shall be permitted, provided that:
a. 
All phases of the operation, including processing, shipping and employee parking, are accommodated on the same lot.
b. 
Only electric motor power is to be used.
c. 
There is no open storage of waste or scrap material outside of building.
d. 
There is no light, sound, vibration, or odor emission beyond the property lines.
[Ord. No. 2357-12 § 25-11.2]
Side yards of nonresidential buildings on lots which are contiguous to the boundary of any residential district shall have a minimum required width of 75 feet.
[Ord. No. 2357-12 § 25-11.3]
a. 
In addition to the setback requirements listed in Subsection 25-7.1 of the Table of District Regulations, along any side or rear property line which is also the boundary line between a nonresidential district and a residential district or is contiguous to a residential use in a residential zone, a buffer strip shall be planted and maintained in perpetuity with trees and shrubbery of such sizes and densities as to adequately screen the buildings from such abutting residential district or use in a residential zone. The required buffer width shall be 50 feet in all nonresidential zones. These requirements shall also apply to a residential subdivision or site plan on a property that is 10 acres or greater in area, as well as to any residential use permitted by use variance in a nonresidential zone.
b. 
The above requirements shall be reduced for lots that are less than 40,000 square feet in area and/or less than 300 feet in width. On such smaller lots, the required buffer width shall be 10% of lot width or depth, but not less than 20 feet.
c. 
On wooded sites, existing trees should be saved within buffer strips to the maximum extent possible. Where existing trees would be removed in buffer strips, replacement trees and landscaping shall be provided to form a continuous natural landscape edge. Berming, evergreen trees and/or fencing shall be provided along the interior edge of the buffer (i.e., closest to new development on the site) when adequate natural buffering cannot be provided.
d. 
Aboveground stormwater management facilities shall not be permitted in buffer strips.
e. 
A landscaping plan shall be submitted and approved by the Township Planner and the approved plan shall be kept on file in the Department of Planning and Development.
[Ord. No. 2357-12 § 25-11.4]
In a P-C, I or O-R District, every building or group of buildings shall make adequate provisions for the proper disposal of wastes within a screened enclosure. Such provision should be reflected in the preliminary site plan.
[Ord. No. 2357-12 § 25-11.5]
Retail sales or service permitted as an accessory use in the OB-1, OB-2 and PURD Districts shall be an integral part of the permitted building, shall be limited to sales or services designed for the convenience of the employees, visitors and tenants of the permitted building and no goods, advertisements or other evidence of such sales or services shall be visible from the street. Such use shall not consist of more than 15% of the total first floor area in the OB-1 and PURD Districts or 10% of the gross floor area of the buildings or 3,000 square feet whichever is less in the OB-2 District and shall be designated on the preliminary site plan.
[Ord. No. 2357-12 § 25-11.6]
In the OB-1 and OB-2 Districts, one square foot of open space shall be provided for each square foot of building area except that no more than 40% of the lot in the OB-1 District nor 30% in the OB-2 District may be covered by buildings or structures. Off-street parking areas are not permitted within open space areas, except for "overflow" parking spaces that are specifically approved by the Planning or Zoning Board and are constructed in a manner acceptable to the Township Engineer. Furthermore, no accessory structure or off-site parking area shall be located within the required front yard no closer than 25 feet to the side or rear property lines in the OB-1 District or 10 feet to the side or rear property lines in the OB-2 District.
[Ord. No. 2357-12 § 25-11.7]
A research laboratory such as an experimental or testing laboratory or a pharmaceutical laboratory for research, processing and compounding of drugs and medicines shall be permitted in the O-R District, provided that:
a. 
The use will not create any nuisance beyond the boundaries of its lot by reason of the emission of dust, odors, fumes, noises, vibrations or excessive light.
b. 
The use does not involve production of any commodity for sale or distribution at that location nor regular receipt of material and shipment of products, except, however, that the foregoing limitations and restrictions on the production, sale and distribution of commodities and the receipt and shipment of materials and products shall not apply in the case of a pharmaceutical laboratory for research development, processing and compounding of drugs and medicines, provided that such pharmaceutical laboratory shall comply in all respects to the other requirements of this chapter and all other applicable Township ordinances.
c. 
Provision shall be made for adequate and suitable access facilities for traffic from public streets and sidewalks, and for directional signs, so as to assure the public safety and avoid traffic congestion.
d. 
Provision shall be made for adequate and suitable planting and screening in buffer zone, pursuant to Subsection 25-11.3.
e. 
Provision shall be made for adequate and suitable planting and screening within the property adjacent to any street lines which bound the property, which screening and planting should be an appropriate mixture of evergreen and deciduous plant material so as not to conceal the buildings from the street. Furthermore, no plantings are to be located in the exit driveways which would interfere with the motorists' line of sight.
f. 
Provision shall be made in the preliminary site and building plans for truck loading bays, which shall be enclosed entirely within the building, including interior truck service areas and driveways, and which shall be provided with entry and exit driveways for trucks on the rear facade of the building, i.e., on the side opposite from the principal public entrance.
g. 
Provision shall be made in the preliminary site plan for the general landscaping of all areas not specifically assigned to buildings, streets, private driveways and parking areas, and for the screening of parking areas and landscaping thereof as provided in Subsection 25-12.1 between abutting lanes of parking spaces; all of which landscaping shall be compatible with landscaping standards that are customary for a residential estate type of development.
h. 
Indoor Storage and Loading. In an O-R District, no visible display of waste, trash or scrap and no open storage of material of any kind shall be permitted and in such districts provision shall be made for properly enclosed truck loading areas and bays entirely within the structure.
[Ord. No. 2357-12 § 25-11.8]
Roof equipment including but not limited to elevator towers, air conditioning units, satellite dishes, and similar equipment in any zoning district other than single-family shall be screened with either a solid or decorative shield. Such equipment should be located in the center of the roof when possible. No roof equipment shall exceed 15 feet in height.
[Ord. No. 2357-12 § 25-11.9]
a. 
Indoor Storage and Loading. In a P-C district, no visible display of waste, trash, scrap or material of any kind shall be permitted except that items offered for sale may be displayed in accordance with an overall plan to be included as part of the preliminary site plan, and in such districts provisions shall be made for properly enclosed truck loading areas and bays located entirely within the structure.
b. 
Shopping Centers. There shall be only one grouping of free standing signs identifying various businesses within the center. Individual standing signs are prohibited.
[Ord. No. 2357-12 § 25-11.10; Ord. No. 2464-15 § 5]
Outdoor cafes shall be permitted subject to the standards and conditions of § 5-10 of Chapter 5, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions:
a. 
Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations.
b. 
Adequate sidewalk access (at least four feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way.
c. 
Some form of formal space delineation, such as a removal fence, may be required during cafe business hours to define sidewalk space from cafe space.
d. 
Outdoor or patio type furniture must be used; upholstered furniture is prohibited.
e. 
Street furniture (seating, tables, fencing, etc.) must be moved into the serving establishment when the outdoor cafe is not open for business.
f. 
Cleanliness of the outdoor serving area is the responsibility of the serving establishment.
g. 
Signage, in addition, to that permitted for the serving establishment pursuant to § 25-15, is prohibited.
h. 
A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area.
i. 
The use of the described locations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of This subsection and the payment of an annual fee of $50.
j. 
Any permit issued by the Director of Planning shall designate the hours of operation of any sidewalk cafe but in no event may a sidewalk cafe remain open after 11:00 p.m. on Sunday through Thursday or after 12:00 midnight on Friday, Saturday and legal holidays.
k. 
Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk cafe.
[Ord. No. 2357-12 § 25-11.11]
a. 
It shall be unlawful for any person, firm, corporation, merchant, club, association, group, charitable institution or organization to conduct an outdoor sale as defined herein within any business or commercial zone district without first having obtained a permit from the Zoning Officer for that purpose as hereinafter provided:
1. 
An application for a permit to conduct an outdoor sale shall be made at least 15 days prior to the sale, and shall be issued for not more than three consecutive days. No person or entity shall be entitled to more than three permits during a twelve-month period. Appropriate provisions for alternate days because of inclement weather shall be made at the time of application for the permit. No applicant, who has already been issued a permit shall be issued a permit for a period to commence within 15 days of the termination of any previously issued permit to that applicant for a particular location. The following information shall be provided and filed with the Zoning Officer prior to the issuance of a permit:
(a) 
The name, address and phone number of the person, firm, corporation, club, association, group, charitable institution or organization conducting the sale.
(b) 
The name, address and phone number of a designated "contact person." This person will be contacted if there are any violations of this subsection during the sale. The contact person shall sign the application.
(c) 
The name and address of the owner of the property on which the sale is to be conducted, together with the consent in writing by the owner.
(d) 
The location and times of such sale.
(e) 
The date or dates of the sale.
(f) 
An affirmation or sworn statement by the person signing that the information given is true and correct.
2. 
The fee for a permit for an outdoor sale for a commercial or any for profit organization shall be $100. The fee for a permit for a bona fide not for profit organization or charity shall be $25. If more than one person, firm, corporation, merchant, club, association, group, charitable institution or organization is participating in the sale, each participant shall pay a permit fee. Each permit shall be posted so as to be at the location, and for the duration, of the sale.
3. 
No street or vehicle right-of-way within the confines of the location of the sale shall be blocked or obstructed by any merchandise offered for sale. A three foot passageway for pedestrians on public sidewalks shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard.
4. 
Outdoor sales shall be conducted only in commercial and business zoning districts and only between the hours of 9:00 a.m. and 9:00 p.m., exclusively of set up and disassembling time.
5. 
Any signage specifically for the outdoor sale shall require a temporary sign permit which shall be in effect only for three days prior to, and the days of, the permitted sale and any signage shall comply with the rules and regulations regarding signage in the Land Use Regulations for the Township, and shall be removed within 24 hours after the end of such permit.
6. 
The following persons and sales shall be excepted from this subsection: Persons selling goods according to an order or process of a court of competent jurisdiction; persons acting in accordance with their duties and powers as public officials; those conducting "garage sales" in residential zones in accordance with the "Garage Sale Ordinance."
7. 
If food or food stuffs will be sold, an additional permit therefor shall be obtained from the Township Health Department.
8. 
This subsection shall be enforced by the Zoning Officer or his or her designee and the Police Department. It shall be the duty of the Zoning Officer and/or Police Department to investigate any possible violations of this subsection. It shall also be the duty of all departments, officers and employees of the Township to bring to the attention of the Zoning Officer any violations of this subsection of which they become aware.
9. 
The holder of a permit and any agents, servants or employees of the holder shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity.
10. 
Any person, firm, corporation, merchant, club, association, group, charitable institution or organization who shall violate any of the terms or regulation of this subsection may have their permit summarily revoked by the Zoning Officer. In addition, any person, firm, corporation, merchant, club, association, group, charitable institution or organization conducting any such outdoor sale or similar activity without having the necessary permit or who shall violate any of the terms or regulations of this subsection shall also, upon conviction of any violation thereof, be fined not more than $1,000 for each violation. Each day, or part thereof, during which a sale without the required permit or in violation hereof shall continue, shall be considered a separate violation.
11. 
The Township Council may in its discretion designate Township wide or area wide celebration days during which an outdoor sale may be held and such sale shall not be subject to the limitations of Subsection a,1 of this subsection.
[Ord. No. 2357-12 § 25-11.12]
a. 
It shall be unlawful for any person, firm, corporation, merchant, club, association, group, charitable institution or organization to conduct an outdoor seasonal sale as defined herein without first having obtained a permit from the Zoning Officer for that purpose as hereinafter provided:
1. 
An application for a permit to conduct an outdoor seasonal sale shall be made at least 15 days prior to the sale, and shall be issued for not more than 45 consecutive days. The following information shall be provided and filed with the Zoning Officer prior to the issuance of a permit:
(a) 
The name, address and phone number of the person, firm, corporation, club, association, group, charitable institution or organization conducting the sale.
(b) 
The name, address and phone number of a designated "contact person." This person will be contacted if there are any violations of this subsection during the sale. The contact person shall sign the application.
(c) 
The name and address of the owner of the property on which the sale is to be conducted, together with the consent in writing by the owner.
(d) 
The location and times of such sale.
(e) 
The date or dates of the sale.
(f) 
An affirmation or sworn statement by the person signing that the information given is true and correct.
2. 
The fee for a permit for an outdoor seasonal sale for a commercial or any for profit organization shall be $100 per day. The fee for a permit for a bona fide not for profit organization or charity shall be $25. If more than one person, firm, corporation, merchant, club, association, group, charitable institution or organization is participating in the sale, each participant shall pay a permit fee. Each permit shall be posted so as to be at the location, and for the duration, of the sale.
3. 
No street or vehicle right-of-way within the confines of the location of the sale shall be blocked or obstructed by any merchandise offered for sale. A three foot passageway for pedestrians on public sidewalks shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard.
4. 
Outdoor seasonal sales shall be conducted only in commercial and business zoning districts and only between the hours of 9:00 a.m. and 9:00 p.m., exclusively of set up and disassembling time, except that a bona fide not for profit organization or charity may conduct outdoor seasonal sales on a non-residential property located in a residential zoning district.
5. 
Any signage specifically for the outdoor sale shall require a temporary sign permit which shall be in effect only for three days prior to, and the days of, the permitted sale and any signage shall comply with the rules and regulations regarding signage in the Land Use Regulations for the Township, and shall be removed within 24 hours after the end of such permit.
6. 
This subsection shall be enforced by the Zoning Officer or his or her designee and the Police Department. It shall be the duty of the Zoning Officer and/or Police Department to investigate any possible violations of this subsection. It shall also be the duty of all departments, officers and employees of the Township to bring to the attention of the Zoning Officer any violations of this subsection of which they become aware.
7. 
The holder of a permit and any agents, servants or employees of the holder shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity.
8. 
Any person, firm, corporation, merchant, club, association, group, charitable institution or organization who shall violate any of the terms or regulations of this subsection may have their permit summarily revoked by the Zoning Officer. In addition, any person, firm, corporation, merchant, club, association, group, charitable institution or organization conducting any such outdoor sale or similar activity without having the necessary permit or who shall violate any of the terms or regulations of this subsection shall also, upon conviction of any violation thereof, be fined not more than $1,000 for each violation. Each day, or part thereof, during which a sale without the required permit or in violation hereof shall continue, shall be considered a separate violation.
[Ord. No. 2357-12 § 25-11.13]
A massage, bodywork or somatic therapy establishment shall be permitted in the B-1 and B-2 Districts and shall meet the following conditions:
a. 
The massage, bodywork or somatic therapy establishment shall be licensed and inspected annually by the Township of West Orange Department of Health.
b. 
Each massage, bodywork and somatic therapist shall be certified/licensed by the State of New Jersey.
[Ord. No. 2357-12 § 25-12.1]
In all districts off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter occupied or used shall be provided in accessory private garages or in accessory parking areas in amounts not less than specified in this section, provided that nothing in this section shall prevent the repairing, reconstruction or rebuilding and continued use, pursuant to § 25-24, of any nonconforming building or structure lawfully existing. All parking areas in all uses other than one, two and three family houses shall meet all of the following requirements:
a. 
All off-street parking areas shall be surfaced with an asphalt, bituminous, or cement binder pavement which shall be graded and drained to dispose of all surface water as provided by the Township Engineer. There shall be a five-foot wide sidewalk at least five inches above the parking area level between any building and a parking area or drive used by the public.
b. 
The entire perimeter of all parking areas and the edges of all entrance and exit drives shall be enclosed with a concrete or granite block curb at least six inches above the paving surface. Curbing shall not be less than five feet from any fence or screening nor less than five feet from any structure. Where required, concrete wheel stops shall be provided.
c. 
All parking spaces within a parking area shall be clearly marked showing the parking arrangement and traffic direction within the parking area, and such marking shall be continuously maintained.
d. 
Any lighting in connection with off-street parking shall conform with § 25-14 of this chapter.
e. 
Any parking area shall be screened on any side which adjoins or faces premises situated in any residence district by a fence, wall, berm, evergreen or hedge maintained in good condition as required. The fences as required by this subsection may be waived by the Planning Board or the Zoning Board if in the Board's judgment, because of the topography or other extraordinary or exceptional conditions, the fence is not necessary to protect the adjoining property.
f. 
All parking areas shall be so designed that vehicles are not compelled to back directly onto a public right-of-way.
g. 
Such parking area shall be used solely for the parking of passenger automobiles and no repair work or service of any kind shall be conducted in the parking lot. No permitted sign shall be larger than two square feet in area.
h. 
All parking areas shall be designed with service aisles to meet the following standards:
1. 
Parallel parking, twelve-foot aisle width.
2. 
30° angle parking, eleven-foot aisle width. One-way.
3. 
45° angle parking, thirteen-foot aisle width. One-way.
4. 
60° angle parking, eighteen-foot aisle width. One-way.
5. 
90° angle parking, twenty-four-foot aisle width. Two-way.
6. 
All driveways for two-way traffic shall be a minimum of 24 feet wide and in no case shall a driveway be less than 14 feet wide.
i. 
Each entrance or exit from such parking area shall be at least 50 feet from any residential district.
j. 
Every off-street parking area shall be subject to site plan approval by the Planning Board or Board of Adjustment to insure its adequacy, relation to traffic safety and protection of the adjacent properties.
k. 
Off-street parking facilities as required by this chapter shall be provided on the same lot as the principal building or use that they serve, except that off-site parking facilities for nonresidential uses in the B-1, B-2, OB-1 and OB-2 Districts may be provided on properties within 250 feet of the lot on which the principal building is located.
l. 
Off-street parking facilities may be placed in any required yard in the I, I-B, P-C and O-R Districts, provided the parking area, placed in the front yard, is at no point closer to the public right-of-way than 1/2 the setback requirement or 50 feet whichever is less. No parking in the side yard shall be closer than 1/2 the side yard requirements to the side property line or 10 feet whichever is greater. In the O-B and B Districts, off-street parking may be placed in the side or rear yard only.
m. 
The parking requirement for a building or development with a mix of non-residential uses shall be the total of the requirements of the component uses, computed separately in accordance with the provisions of this subsection. Shared parking shall be permitted for a mixed-use development containing a residential use, per Subsection 25-12.2a, 3.
n. 
The amount of parking area to be improved as required by Subsection 25-12.2 may be reduced by the Planning Board or Board of Adjustment if it can be clearly demonstrated by the applicant that the full amount of parking area is not necessary, however, the area to remain unimproved shall at all times be available for parking in the event that future conditions should so require, shall be fully graded and suitably landscaped in keeping with the remainder of the site. The approved site plan shall show the location of all required parking stalls and shall designate those spaces which meet the definition of compact size as described in Subsection p below. The Board, in its discretion, may allow up to 25% of the total number of required spaces to be designated as compact size if the applicant presents adequate proof that such spaces will not adversely affect the health, safety or welfare of the Township and/or the users of the subject property.
o. 
All new uses or expansion of existing uses in nonresidential districts shall provide curbs, sidewalks and shade trees within the street right-of-way. All such facilities shall be installed in accordance with Township specifications as adopted by the Township Council.
p. 
Landscaped plans shall be submitted for detailed planting within the parking area. There shall be a minimum of one tree plus ground level planting for each 10 parking stalls proposed.
q. 
Standard size parking spaces shall have minimum dimensions of nine feet by 18 feet measured perpendicular to the axis of the length with adequate provision for ingress and egress to all parking spaces. Compact size spaces shall not be less than eight feet by 15 feet, if approved by the Planning Board or Board of Adjustment.
[Ord. No. 2357-12 § 25-12.2]
a. 
Residential Uses.
1. 
The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule I below. Alternative parking standards to those shown in the Schedule below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking sources.
Parking Schedule I
Parking Requirements for Residential Land Uses
Housing Unit Type/Size
Parking Requirement (per unit)
One-family and two-familya
2 Bedroom
1.5
3 Bedroom
2.0
4 Bedroom
2.5c
5 Bedroom
3.0
Garden apartmentb
1 Bedroom
1.8
2 Bedroom
2.0c
3 Bedroom
2.1
Townhouseb, d
1 Bedroom
1.8
2 Bedroom
2.3c
3 Bedroom
2.4
Mid-riseb
1 Bedroom
1.8
2 Bedroom
2.0c
3 Bedroom
2.1
High-riseb
1 Bedroom
0.8
2 Bedroom
1.3c
3 Bedroom
1.9
Retirement community
Values shall be commensurate with the most appropriate housing type and size noted above that the retirement community resembles
Senior citizens housing project
1.48
Notes:
a.
A minimum of 1 parking space for a single-family detached dwelling shall be provided in a garage
b.
Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking (0.5 spaces per dwelling unit). Guest parking must either be provided for on street or in common parking areas.
c.
If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply
d.
Three-family dwellings shall be subject to the parking requirements for townhouse development
2. 
Garage and driveway combinations shall be counted as follows:
(a) 
Each garage car space shall be counted as 1.0 off-street parking space regardless of the dimensions of the driveway.
(b) 
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.
(c) 
A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
3. 
When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.
4. 
When, in the judgment of the Planning Board or Board of Adjustment, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
5. 
For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7), to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
b. 
Nonresidential Uses.
1. 
The number of off-street parking spaces required for any non-residential use shall be determined by reference to Parking Schedule II below.
Parking Schedule II
Parking Requirements for Nonresidential Uses
Use
Required Parking Spaces
Assisted living or congregate care facility
1 per bed
Car wash
3 per washing lane
Child care facility, day care center or nursery school
1 for each 350 square feet of gross square feet plus 1 for each employee and cooperative adult assistant on the premises at the same time during peak periods. Such uses shall also provide for additional off-street areas for loading and unloading of school buses.
Bank
1 for each 300 square feet of gross floor area
Billiard parlor
2 per billiard table
Bowling alley
2.5 per lane
Commercial recreation
1 per 150 square feet of gross floor area, plus 5 per each outdoor court or field
Motor vehicle fueling station or motor vehicle service station
5, plus 2 for each service bay and 1 for each 200 square feet of gross floor area of retail space. Vehicles that are on the premises to be repaired shall be parked in standard or compact parking spaces that are appropriately striped.
Hospital, nursing home or long -term care residential health care facility
1 per bed, plus 1 per every 2 nonresident employees and 1 per every resident employee
Hotel
1 per room, plus 1 space for each 1,000 square feet of gross floor area of ballrooms, conference rooms or similar space
Light industrial, laboratory and research uses
1 for each 400 square feet of gross floor area
Medical, dental, psychiatric and chiropractic offices
1 for each professional person, plus 1 for each employee plus 2 per examination room, not including a room for x-ray examination in a medical or chiropractic office, plus 2 additional parking spaces for each dental chair, or 1 for each 200 square feet of gross floor area, whichever requirement is greater
Office, other than medical, dental, psychiatric and chiropractic offices
1 per 250 square feet of gross floor area
Places of worship, community buildings, social halls and places of indoor public assembly
1 for each 3 seats of fixed capacity or 1 for each 45 square feet of floor area available to patrons. Benches and pews shall be considered as 1 seat for each 2 linear feet of seating space.
Private clubs, community center buildings and swim clubs
1 for each 45 square feet of gross floor area. For outdoor swim clubs, 1 for each 45 square feet of gross floor area, plus 1 for each 2 registered members.
Public, private, business or vocational school
1 for each employee on the premises at the same time during peak hours, plus 1 for each 5 pupils in the eleventh and twelfth grade, plus 1 parking space for each 2 pupils over 18 years of age who are not in the eleventh and twelfth grades. Additional parking spaces shall be provided for any other activity and use on the premises, such as an assembly hall in accordance with the provisions of this ordinance.
Restaurant, bar, cabaret and catering facilities
1 for each 3 seats or stools or 1 for each 45 square feet of floor area available to patrons. Benches shall be considered as 1 seat for each 2 linear feet of seating space.
Retail stores and personal service stores or studios not separately listed
1 per 250 square feet of gross floor area. Food service uses such as delis, bakeries and coffee shops with on-site seating shall add 1 additional space for every 3 seats.
Storage yard, machine shop, research laboratory, steam laundry, dry cleaning plant, publishing or printing plant or public utility building
1 per 300 square feet of gross floor area
Theater
1 for each 3 seats
Warehouse, storage and self-storage, wholesale business
1 per 600 square feet of gross floor area
2. 
Unscheduled Uses. Off-street parking requirements for uses not listed in Parking Schedule II shall be established by the approving authority, based upon accepted industry standards.
3. 
Fractional Spaces. Whenever the application of Parking Schedule II results in a fractional parking space in excess of one-half, a full space shall be required.
4. 
Joint Parking Facilities. Persons developing property in the B-1 and B-2 Districts may meet the required parking provisions of this subsection by participation in a joint parking program of two or more business uses, provided plans for such a joint program have been approved by the Planning Board and further provided that the area of the parking facilities equals the total parking area requirements of each use participating therein. Furthermore, a joint parking agreement establishing the rights and obligations of all parties to the agreement shall be signed and submitted to the Board. The agreement shall be conditioned on approval by the Board and the filing of same with the County as a recorded easement.
[Ord. No. 2357-12 § 25-12.3]
a. 
Number of Spaces.
1. 
In all districts, for every building, or part thereof, which is to be occupied by retail stores requiring the receipt in vehicles of materials or merchandise, there shall be provided and maintained on these premises with such building, off-street loading spaces. Design of off-street loading spaces shall be such that vehicles will not be required to maneuver on any public right-of-way except to drive directly onto and off of the site. Retail stores under 2,500 square feet are exempted. The minimum number of spaces shall be determined in relation to gross floor area as follows:
(a) 
Two thousand five hundred to 9,999 square feet, one space.
(b) 
One additional space for each additional 10,000 square feet or part thereof.
2. 
In all districts for every building or part thereof, which is to be occupied by manufacturing storage, goods, display, wholesale store or warehouse, market, hospital, laundry, dry cleaning or other use similarly requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided and maintained of the same premises with such buildings, off-street loading spaces. The minimum number of which shall be determined in relation to the gross floor area as follows:
(a) 
Up to 15,000 square feet, one space.
(b) 
Fifteen thousand to 30,000 feet, two spaces.
(c) 
Thirty thousand to 100,000 square feet, three spaces.
(d) 
One additional space for each additional 40,000 square feet or part thereof.
b. 
Size and Location of Spaces.
1. 
Each loading space shall be at least 10 feet in width, 40 feet in length and have a fourteen-foot overhead clearance.
2. 
The space is only permitted in the side or rear yard provided no part of the space is nearer than five feet from any side or rear property line.
3. 
Parking areas and off-street truck-loading spaces shall be suitably paved, drained, lighted, appropriately planted and fenced for the protection of adjacent properties in accordance with specifications of the Township, and shall be arranged for convenient ingress, egress and safety of vehicles and pedestrians. The facilities shall be maintained in good condition by the owner.
[Ord. No. 2357-12 § 25-12.4]
a. 
In All Districts:
1. 
No garage shall be erected so as to encroach on a minimum required front yard, side yard or side front yard, except that an existing private garage for a one-family or two-family dwelling may be rebuilt within its same footprint as per Subsection 25-8.2e.
2. 
An access drive to an off-street parking area or truck-loading space may be located within a required side yard, but shall not be located within five feet of a side lot line.
3. 
Parking or storage of disabled, unlicensed, unregistered or obviously wrecked vehicles for a period of more than 48 hours is expressly prohibited in any zoning district except on property specifically designated for that purpose.
4. 
Required parking areas shall be on the same lot with the main building or use to which they are accessory, except in the B-1 and B-2 Districts per Subsection 25-12.2b.4.
5. 
Parking areas and truck-loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across any adjoining lot.
6. 
No trailer, semitractor, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels shall be parked or stored on property in any district except as hereinafter provided.
(a) 
A trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels may be parked or stored on property in an industrial district during the hours of 9:00 p.m. and 7:00 a.m. without being completely housed in a garage.
(b) 
Nothing herein shall be deemed to prohibit the parking or storing of a trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels on property in any district while it is being used in the transaction of business with the owner or occupant of the property. In no event shall the time period authorized by this subsection exceed four hours.
(c) 
The provisions of this subsection shall not apply to any vehicle parked or stored for the purpose of installing, maintaining or performing public utility services.
(d) 
Enforcement and Penalty.
(1) 
Enforcement of the provisions of these regulations shall be the joint responsibility of the Zoning Officer and/or the Police Department.
(2) 
Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of $50 for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations.
b. 
In Residential Districts.
1. 
Private garages and parking areas shall be utilized only as an accessory to the principal use, except that one parking space in a private garage accessory to a dwelling may be rented to a person who is not a resident of the main building.
2. 
Not more than 30% of the area of a minimum required front yard, rear yard or side yard shall be used as a parking area. For Senior Citizens Projects not more than 65% of the area of the minimum required front yard, rear yard or side yard shall be used as a parking area.
3. 
No commercial vehicle as defined in Subsection 25-4b, pickup truck, truck, van or equipment related thereto, shall be parked or stored in any residential district between 9:00 p.m. and 7:00 a.m. unless the following conditions are satisfied:
(a) 
If there is a garage on the premises into which the vehicle fits in its stripped down fashion (i.e. without accessories), the vehicle must be parked or stored in the garage with the doors closed.
(b) 
If the premises has a garage into which the commercial vehicle fits in its stripped down fashion, there cannot be another ungaraged commercial vehicle on the premises.
(c) 
If the residence is multi-family, there can by only one ungaraged commercial vehicle per property provided however that all commercial vehicles that can fit in a garage in their stripped down fashion must be parked or stored in a garage if the premises has a garage. In a multi-family residence, the property owner shall designate in writing the sole permitted commercial vehicle.
(d) 
If the vehicle is permitted by this section to be parked outside of a garage, all removable equipment such as pipes, pipe racks, ladders and all racks and equipment must be removed from the vehicle when parked and unexposed to public view.
(e) 
If the vehicle is permitted by this section to be parked outside of a garage, any signage or commercial markings that are permanently affixed to the vehicle must be covered with a blank metallic cover that is the same color as the body of the vehicle when the vehicle is parked.
(f) 
If the vehicle is permitted by this section to be parked outside of a garage, any signage or commercial markings, such as magnetic lettering, that is not permanently affixed to the vehicle must be removed when the vehicle is so parked.
(g) 
Any vehicle that does not fit within a garage as per Subsection a., may be parked in the driveway on the premises in the area of the driveway which is least visible from the nearest adjacent street or roadway.
(h) 
Any vehicle permitted to be parked outside a garage by this section must have a single axis chassis body with not more than four wheels, it shall not be more than 20 feet long and seven feet high and shall not exceed 6,000 pounds registered gross vehicle weight.
(i) 
The vehicle must be owned and/or operated by a Township resident who is the property owner or tenant who actually resides at the property.
(j) 
Exception. Nothing herein shall be deemed to prohibit the parking or storing of a commercial vehicle, or equipment related thereto, in a residential district while it is being used in the transaction of business with the owner or occupant of any residential property or is in the area for the purpose of installing, maintaining or performing public utility services.
(k) 
Enforcement. Enforcement of these regulations shall be the joint responsibility of the Zoning Official or the Planning Director's designee and/or the Police Department. Both the vehicle owner and property owner/occupant may be found responsible under this Subsection b,3.
(l) 
Exemption. The Zoning Official or the Planning Director's designee shall grant an exemption, to any resident who provides proof of the following:
(1) 
That the commercial vehicle is properly registered and meets all the requirements of the State of New Jersey including all appropriate weight and other restrictions.
(2) 
That the appearance of the commercial vehicle is clean, free of all graffiti, exterior is finely finished, and all other criteria set forth in Subsections (d), (e), (f), (i), (j) are met.
(3) 
That the size of the driveway is sufficient or appropriate to permit the storage of the commercial vehicle. The driveway must be of sufficient size to permit the commercial vehicle to be parked with three feet of paving on each side and at least 20 feet from the sidewalk, if applicable, and/or the street whichever is further. The driveway shall be in good condition.
(4) 
That no other housing, health or other violations of the Township Ordinances and other laws exist.
(5) 
Show an inability to find alternate parking for the commercial vehicle.
(6) 
The exemption shall only be available for one commercial vehicle per residence and shall be approved for the particular vehicle only.
(7) 
In granting the exemption, the Zoning official or the Planning Director's designee may impose such reasonable provisions or restrictions as he or she deems necessary and appropriate.
(8) 
Upon issuance of an exemption and payment of a permit fee of $50 per year, a sticker shall be affixed to the exempted vehicle's rear bumper and may not be transferred to any other vehicle without Zoning Board approval.
(m) 
Violation. Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of up to $1,250 for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies, the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations.
4. 
Interior roadways or access drives leading to off-street parking facilities in multiple family developments shall be designated fire lanes and no parking shall be allowed.
5. 
The parking of house, tent and utility trailers, campers, boats, motor homes and other vehicles, notwithstanding any other provision of this chapter, is expressly prohibited in any front yard or side front yard. In any event vehicles may not be parked or stored for more than a period of 48 hours unless owned or leased by the property owner. Portable storage containers shall only be permitted in accordance with the requirements of Subsection 25-9.11.
6. 
No tow truck, flat bed truck, or construction equipment may be parked or stored on property in any residential district.
(a) 
Exceptions. Nothing herein shall be deemed to prohibit the parking or storing of a tow truck, flat bed truck or construction equipment on property in any district while it is being used in the transaction of business with the owner or occupancy of the property or when such vehicle has been summoned to the property by the Police Department. In no event shall the time period authorized by this subsection exceed four hours.
(b) 
Enforcement; Penalty.
(1) 
Enforcement of the provisions of these regulations shall be the joint responsibility of the Zoning Officer and/or the Police Department.
(2) 
Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of $50 for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations.
c. 
A parking area may be situated in whole or in part on the roof of the main building to which it is accessory providing the parking area is properly and adequately screened.
[Ord. No. 2357-12 § 25-12.5]
The provisions of Subsections 25-12.3 and 25-12.4 shall not apply to any building or use in existence on January 25, 1978 whether continued as a permitted or a nonconforming use, or thereafter converted or changed to a different lawful use.
[Ord. No. 2357-12 § 25-13.1]
The environmental impact generated by a land development project necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize those problems. This constitutes an environmental impact statement. In evaluating the environmental impact, the Planning Board and the Zoning Board shall not approve any submission until it determines and finds that the proposed development:
a. 
Will not result in appreciable harmful effects to the environment.
b. 
Has been designed and conceived with a view toward the protection of the regional resources.
c. 
Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.
In order to accomplish these goals, the Board shall condition any approval upon the implementation of those performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law. Those factors outlined in Subsection 25-13.4e along with supplemental requirements adopted by the Board shall be used to determine the environmental performance controls that are necessary.
[Ord. No. 2357-12 § 25-13.2]
It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site and the location of the project. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document are listed as follows:
a. 
Any application for a single one-family or two-family home, whether a new dwelling or a modification to an existing dwelling, is specifically exempt from the environmental impact statement requirements. In addition, all minor subdivisions and site plans that will not result in potential new construction or alteration to the site shall be exempt.
b. 
A preapplication conference shall be held with the Planning Director to determine the content of the environmental impact statement as outlined in Subsection 25-13.4 along with any supplemental guidelines adopted by the Board. Waivers of specific environmental impact statement requirements or of preparation of an environmental impact statement shall be appealed to the Board.
c. 
When the environmental impact statement is prepared by an individual other than the applicant, the credentials and expertise of that individual shall be submitted with the environmental impact statement. All applicable material on file in the office of the West Orange Department of Planning and Development pertinent to local conditions shall be consulted. Any additional material pertinent to the evaluation of potential regional impacts shall also be considered.
d. 
Twenty copies of each environmental impact statement shall be submitted with the appropriate development application. One copy of the environmental impact statement shall be forwarded to the Environmental Commission for review and comment. The Environmental Commission shall submit its comments expeditiously to the Board. Four copies of the environmental impact statement shall be circulated among the municipal departments that participate in the application review process. The remaining copies shall be retained by the Department of Planning and Development and the Planning Board members or Zoning Board members, and shall be made available for review and comment.
e. 
The environmental impact statement shall consist of written and graphic materials which will clearly present the information that is required. The scale of all maps shall be one inch equals 50 feet, unless the Planning Director and/or Board agree to another scale. Contours, when required, shall be provided at two-foot intervals for slopes of less than 10% and at five-foot intervals for slopes 10% or greater.
[Ord. No. 2357-12 § 25-13.3]
a. 
All proposals for development shall obtain all required approvals and permits pertaining to environmental protection from the Township of West Orange, County of Essex, State of New Jersey and other entities, including, but not limited to, regulations for air quality, floodplains, natural features and habitats, soil conservation and protection, steep slopes, stormwater, stream corridors, sewage, and wetlands, and address all applicable environmental requirements of the development application procedures in § 24-51 and the application checklists.
b. 
All preliminary and final major subdivision applications and preliminary and final site plan applications, consisting of five acres or more, shall be accompanied by an environmental impact statement. The information required shall be determined by the Planning Board or Zoning Board in consultation with the Planning Director.
c. 
Any application requiring a variance pursuant to N.J.S.A. 40:55D-70d may be required, at the discretion of the Zoning Board, to be accompanied by an environmental impact statement. The information required shall be determined by the Zoning Board in consultation with the Planning Director.
[Ord. No. 2357-12 § 25-13.4]
When an environmental impact statement is required, the following format shall be utilized and the information requested shall be provided.
a. 
Project Description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use.
A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
1. 
Township Master Plan
2. 
Master Plan of any adjacent municipality located within 500 feet of the proposed project.
3. 
Essex County Master Plan.
b. 
Site Description and Inventory. Provide a description of environmental conditions on the site which shall include, but not be limited to the following items:
1. 
Types of Soils. List and description of each soil type located on the site. Relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.
2. 
Topography. Description of the topographic conditions within the site and extending 200 feet beyond the property lines. When 15% or more of the proposed area of land disturbance encompasses slopes in excess of 10%, the following slope ranges shall be mapped for the entire site: 10% to 15%; 15% to 20%; 20% and up.
3. 
Geology. Description of the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineation of those areas where bedrock is in close proximity to the surface, within two feet of the surface as well as major bedrock outcroppings.
4. 
Vegetation. Description of the existing vegetation on the site. When required, sketch the location of major vegetation grouping such as woodland, open field and wetland.
5. 
Surface Water. Description of existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Existing surface runoff from the site shall be calculated using methods approved by the Township Engineer. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of receiving waters. When required, floodplain areas shall be mapped in consultation with the New Jersey Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined.
6. 
Subsurface Water. Description of the subsurface water conditions on the site, in terms of depth to ground water shall be provided.
7. 
Unique, Scenic and/or Historic Features. Description and a map of those portions of the site that can be considered to have unique, scenic and/or historic qualities.
8. 
Existing Development Features. Description of any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, and utility lines.
9. 
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection or the West Orange Health Department.
c. 
Area and Regional Description. A description of the surrounding environs shall be provided as well as the existing land use pattern. When required, the existing infrastructure, with respect to the drainage and transportation network, as well as any central sewerage and water supply facilities shall be described in detail. An appropriate regional analysis relative to the proposed subject shall be included.
d. 
Impact. Discuss the negative and the positive on- and-off-site impacts as they affect the items listed in Subsections b and c above. Indicate those negative impacts that are unavoidable. Indicate those resources affected by the proposal which will be irretrievably lost and those resources which are renewable. The specific concerns that shall be considered include, but are not limited to the following:
1. 
Soil erosion and sedimentation resulting from surface runoff.
2. 
Flooding and floodplain disruption.
3. 
Degradation of surface water quality.
4. 
Groundwater pollution.
5. 
Sewage disposal.
6. 
Solid waste disposal.
7. 
Destruction of vegetation.
8. 
Disruption of wildlife habitats.
9. 
Destruction of scenic and historic features.
10. 
Air quality degradation.
11. 
Noise levels.
12. 
Energy utilization.
13. 
Neighborhood deterioration.
14. 
Effect on public services, such as schools, fire police.
15. 
Traffic congestion.
16. 
Health, safety and welfare of existing residents.
17. 
Regional development policies.
e. 
Recommendation to Mitigate Adverse Environmental Impact. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off-site that could result from the proposed project. Of specific interest are:
1. 
Drainage plans which shall include, but not be limited to, soil erosion and sedimentation controls. Every effort should be made to limit off-site runoff to predevelopment levels.
2. 
Sewage disposal techniques.
3. 
Water supply and water conservation proposals.
4. 
Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.
5. 
Energy conservation measures.
6. 
Noise reduction techniques.
7. 
Construction schedule.
8. 
Miscellaneous on-site and off-site public improvements.
f. 
Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in less of a negative impact than the subject proposal.
g. 
Licenses, Permits and Other Approvals Required by Law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but will not be limited to approval required by the Township, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of such approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
h. 
Documentation. All publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Township which were consulted and employed in compilation of the environmental impact statement shall be listed.
[Ord. No. 2357-12 § 25-14.1]
All areas of the site as depicted on the site plan shall be identified as to the minimum level of illumination in compliance with Subsection 25-14.2. The fixture spacing, type mounting height, wattage, photometric pattern shall be shown and calculated for each type of fixture used. A plot of the minimum design illumination shall show the location of each fixture by a symbol and the limits of the isolux/isocandela trace. The lighting for off-street parking shall be designed to direct light downward towards the parking areas. Shields or cutoffs when necessary shall be installed to prevent spillover of light onto residential areas and public streets.
[Ord. No. 2357-12 § 25-14.2]
Minimum Levels of Illumination
Pedestrian Walkways
Parking Areas
Streets
RG
4/0.4
5/0.5
4/0.4
RM
4/0.4
5/0.5
4/0.4
Cluster
4/0.4
5/0.5
4/0.4
PURD
4/0.4
5/0.5
4/0.4
OB-1
6/0.6
16/1.5
6/0.6
OB-2
6/0.6
16/1.5
6/0.6
B-1
10/0.9
20/2.0
13/1.2
B-2
10/0.9
20/2.0
13/1.2
PC
10/0.9
16/1.5
13/1.2
OR
4/0.4
11/1.0
6/.06
I
4/0.4
11/1.0
6/.06
Parking Garage*
75/7.5
54
Circulation Aisles
110/10
*Day Conditions are listed; Night Conditions
54/5
Lux/Foot Candles
The levels shown are measured in lux/foot candles. The minimum standards are based on the level of light that will be available for new lamps and clean luminaries. When by test or other means it has been determined that less than 80% of the light specified in the minimum standards is attained or a significant number of burnouts are evident the owner shall be notified and he will have 30 days in which to correct the lighting level to the minimum standards.
[Ord. No. 2357-12 § 25-15.1]
It is hereby determined that the number, location and design of signs in the Township are excessive and unduly distracting to motorists and pedestrians, create a traffic hazard, contribute to the deterioration and need for the rehabilitation of the area, and in some places reduce the effectiveness of signs needed to direct the public. It is also determined that the number of distracting and aesthetically unattractive signs ought to be reduced in order to reduce and eliminate the aforementioned effects. Furthermore, the signs of least value to people within the Township are those which carry commercial messages other than those necessary to advertise any product, service, event, person, institution, or business located on the premises where the sign is located or the sale or rental of such premises. It is also determined that the number, location, and design of signs in the Central Business District of the Township are especially deleterious to the economic and social viability and appearance of the Township as a whole. It is also determined that the regulations contained in this chapter are the minimum amount of regulation necessary to achieve its purpose.
[Ord. No. 2357-12 § 25-15.2]
a. 
To restrict private signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.
b. 
To encourage signing and lighting and other private communications which aid orientation, identify activities, express local history and character, or serve other educational purposes.
c. 
To reduce conflict among private signs and lighting and between the private and public environmental information systems.
[Ord. No. 2357-12 § 25-15.4]
a. 
Signs whose subject matter relates exclusively to the premises on which they are located, or to products, accommodations or activities on those premises shall be allowed.
b. 
Signs in Residential Zones. Within these zones, no sign shall be erected or maintained, in whole or in part, unless it complies with the following limitations and regulations:
1. 
No more than one permanent sign per lot shall be permitted for each use or activity permitted in this zone, unless otherwise specified herein.
2. 
A nameplate, situated within the property lines and not exceeding one square foot in area, shall be permitted.
3. 
A single nonilluminated temporary sign advertising the sale or rental of the premises upon which it is located is permitted provided it shall not exceed six square feet in area and provided that it is maintained in good condition and removed not more than three days after consummation of a lease or sales transaction.
4. 
Temporary signs announcing or advertising any educational, charitable, civic, professional, religious or like campaign or event, for a consecutive period not to exceed thirty days, in any calendar year, are permitted providing they do not exceed four square feet in size.
5. 
Nonilluminated temporary signs on new construction sites not exceeding 12 square feet in total area are permitted provided they shall be removed within seven days after completion of the construction work. Signs advertising major subdivisions that have received preliminary plot approval by the Planning Board shall not exceed two in number, shall not exceed a combined total of 80 square feet in area, and shall be removed within 90 days after completion of the construction work.
6. 
Signs identifying a permitted professional office or home occupation shall bear only the name of the person residing on the premises, the profession or home occupation being conducted on the premises, shall not be neon or electric, shall be situated within the property lines of the premises it identifies and shall not exceed two square feet in area.
7. 
One project identification sign on each side of a multi-family development which has frontage on a public street and which may bear only the name of the project, the address, and the presence or lack of vacant units. Such signs shall not exceed 50 square feet in area on either side and six feet in height, and shall be situated not closer than 40 feet to any street or property line but shall not be attached to any building.
8. 
Temporary signs announcing any political campaign or event or supporting any candidate running for election for a consecutive period not to exceed 30 days prior to the election or event. If any political campaign or election results in a "run-off" election, then such temporary signs may remain at their location until the date of the run-off elections. All such signs must be removed no later than two days after the election or "run-off" election. No such sign may exceed four square feet in size. The limitations of this subsection shall not apply to any location or structure designated by the candidate as his/her campaign headquarters; provided, however, that a candidate may designate only one location as the campaign headquarters.
c. 
Signs in Business Zones. Within these zones, no signs shall be erected or altered in whole or in part unless it complies with the following regulations:
1. 
In the Main Street/Neighborhood Business Zones, (all OB-1, OB-2, and B-1 Zones) none other than the following signs shall be permitted:
(a) 
Those signs permitted in residential zoned areas.
(b) 
Facade Signs.
(1) 
Each commercial use may have a combined sign area limited to a size of 1.5 square feet of sign area for each one foot of the width of the building, including window and door area, up to a maximum of 200 square feet for each facade fronting a street, sidewalk, or parking area. For example, a business with 20 linear feet of street frontage would allow 30 square feet of allowable signage. The maximum height of any facade sign shall be two feet.
(2) 
Sign area not utilized on one facade may not be transferred to another facade.
(3) 
Persons may use a combination of the following sign types to obtain the combined sign area: awning, canopy, marquee, projecting, window or wall signs.
(4) 
Permanent window signs shall not occupy more than 25% of the total area of the window in which displayed, including the windows of glazed doors.
(5) 
Temporary window signs shall not occupy more than 25% of the total window area in which displayed. Temporary window signs must be removed within two days after the close of the sale or special event that they advertise and in no event may be displayed for more than 30 days. Accordingly, all temporary window signs must have a removal date indicated on their back side.
(6) 
Except as permitted by Subsection 25-15.3c(1)(f), any temporary sign or other advertising material shall be removed within two days after the expiration of the event, sale or special event and in no event may be displayed for more than 30 days, whichever shall have occurred sooner. "Grand Opening" signs may be displayed for no more than 14 days.
(c) 
Sidewalk Signs.
(1) 
Use of sidewalk signs, commonly known as "sandwich" style signs, in these zones shall be limited to businesses that do not exceed 3,000 square feet of gross floor area.
(2) 
The sign shall be limited to seven square feet, and shall not be taller than four feet.
(3) 
The sign shall only be permitted when the business is open and shall be stored inside the business at all other times.
(4) 
The placement of the sign shall not obstruct pedestrian or vehicular traffic or visibility.
(5) 
The sign shall be secured in a fashion so that it will not move during a change in weather conditions.
(6) 
A sketch of the sign with all dimensions as well as the dimensions, width and height, of the building, shall be submitted to the Township Zoning Officer for approval. Approval shall be deemed granted if no action is taken by the Director of Planning, Zoning Official or their designee within 10 business days of submission.
(7) 
A sidewalk sign may only be erected upon the granting of final approval of the Township Zoning Officer and upon the payment of a fee of $10.
(d) 
Signs required by law to be exhibited by the occupants of the premises.
(e) 
No sign, except such direction devices as may be required by the Federal Aviation Administration, shall be placed, inscribed, or supported upon the roof or upon any structure in such a fashion as will cause the sign to extend above the roof of any building by more than 10 feet.
(f) 
A single nonilluminated temporary sign advertising the prospective or complete sale or rental of the premises upon which it is located shall not exceed 25 square feet in area or 15% of the facade of the building on which the sign is located, whichever is less, and shall not remain on the premises for more than 180 days. One extension shall be permitted for an additional period of not more than 180 days. No sign permitted in accordance with this subsection shall be permitted beyond 360 days.
(g) 
Freestanding or Monument Signs. One freestanding or monument sign shall be permitted on a property with a minimum lot frontage of 100 feet, in accordance with the following:
Location
Front yard only
Minimum Setbacks
5 feet from front property line, 15 feet from side property line
Maximum Area
35 square feet
Height
Minimum of 2 feet and maximum of 8 feet above the ground
Maximum Width
6 feet (including supporting structure)
2. 
In Business/Office Zones (B-2, P-C, and O-R Zones), none other than the following signs shall be permitted:
(a) 
Those signs permitted in this section.
(b) 
Each permitted use or unit of occupancy may have a sign located on, or attached to, the principal facade of the use. Such sign shall not project more than one-foot beyond the building line, and shall not exceed an area equal to 15% of the front wall area, including window and door area on which, or in front of which, they are displayed, or 120 square feet, whichever is less.
(c) 
No sign, except such direction devices as may be required by the Federal Aviation Administration, shall be placed, inscribed, or supported upon the roof.
(d) 
Freestanding or Monument Signs. One freestanding or monument sign shall be permitted on a property with a minimum lot frontage of 100 feet, in accordance with the following:
Freestanding
Monument
Shopping Center
Location
Front yard only
Front yard only
Front yard only
Minimum Setbacks
10 feet from front property line, 25 feet from side property line
10 feet from front property line, 25 feet from side property line
50 feet from front or side property line
Maximum Area
50 square feet
50 square feet
150 square feet
Height
Minimum of 8 feet and maximum of 16 feet above the ground
Minimum of 2 feet and maximum of 8 feet above the ground
Maximum of 20 feet above the ground
Maximum Width
6 feet (including supporting structure)
6 feet (including supporting structure)
15 feet (including supporting structure)
(e) 
Signs required by law to be exhibited by the occupants of the premises.
(f) 
A single nonilluminated temporary sign advertising the prospective or completed sale or rental of the premises upon which it is located shall not exceed 25 square feet in area or 15% of the facade of the building on which the sign is located, whichever is less, and shall not remain on the premises for more than 180 days. One extension shall be permitted for an additional period of not more than 180 days. No sign permitted in accordance with this subsection shall be permitted beyond 360 days.
(g) 
In the B-2 Zone only, sidewalk signs in accordance with the regulations of Subsection 25-15.3c, 1(c).
d. 
Signs in Industrial Zones. Within these zones, no sign shall be erected or altered in whole or in part unless it complies with the following regulations:
In Industrial Zones, none other than the following signs shall be permitted:
1. 
Those signs permitted by this subsection.
2. 
Each main building in an industrial park or center may have one monument sign that shall comply with the following:
Location
Front yard only
Minimum Setbacks
10 feet from front property line, 25 feet from side property line
Maximum Area
40 square feet
Height
Minimum of 2 feet and maximum of 10 feet above the ground
Maximum Width
6 feet (including supporting structure)
3. 
A single nonilluminated temporary sign advertising the prospective or completed sale or rental of the premises upon which it is located shall not exceed 25 square feet in area or 15% of the facade of the building on which the sign is located.
e. 
Motor Vehicle Fueling Stations. Motor vehicle fueling stations may display the following special signs which are deemed customary and necessary to their relative businesses:
1. 
One freestanding or pylon sign advertising the name of the station or the principal products sold on the premises, including any special company or brand-name insignia or emblem, provided that the sign shall not exceed 35 square feet in area on each side. The portion of the sign showing pricing information required by State law shall be considered a permitted changeable copy sign, which shall be limited to such pricing information and shall not include any other information.
2. 
The height of the sign shall not exceed 25 feet and the bottom of the sign shall not be less than eight feet above the ground.
3. 
The location of the sign shall not be closer to the front street property line than 1/2 the setback required for the principal building.
f. 
Signs in PURD and Cluster Zones. Monument signs in any PURD and Cluster Zoning District shall be permitted for identification purposes only, provided such signs meet the following conditions as determined by the Construction Official or Zoning Officer.
1. 
Such sign shall be set back at least 25 feet from the right-of-way line of the abutting street, road or highway.
2. 
Such sign shall not exceed six feet in height including its supporting members.
3. 
The maximum number of signs which shall be visible and abutting the main thoroughfare shall be two in number.
4. 
The total square foot area of any such sign shall not exceed 32 square feet as measured in accordance with Subsection 25-15.5e.
5. 
No such signs shall be flashing nor shall they use any interior lighting. Indirect light shall be from an exterior source.
6. 
Nonillumination directional signs, not exceeding four square feet, shall be permitted in these zones as well as a sign on the face of any building housing community facilities provided same does not exceed 20 square feet.
[Ord. No. 2357-12 § 25-15.4]
The following general regulations shall be applicable to all zones except as specifically limited:
a. 
No more than four signs of all types, permitted under the provisions of this chapter, shall be erected or maintained at any time per each 250 feet of street frontage on any one premises in a single and separate ownership, provided that in the Main Street/Neighborhood Business, Business/Office, and Industrial zones, where portions of premises are used or leased by separate persons, firms, or corporations, signs shall be permitted for each separate establishment.
b. 
There shall be a minimum distance of 50 feet between the nearest portions of the separate pylon or free-standing ground or post signs erected under the provisions of this chapter. No property with a frontage of less than 50 feet shall have erected upon it a pylon or freestanding ground or post sign in any zone.
c. 
No sign shall be placed in such a position that it will cause danger to traffic on a street, or which is entering a street, by obscuring the view. In no case shall any sign, other than an official sign, or functional sign be erected within the official right-of-way of any street unless specifically authorized by other ordinance or regulations of the Township. All signs over six square feet in size, other than those permitted within the street right-of-way shall either be erected with the bottom of the sign at least eight feet above the level of the road center line, or shall be set back from the edge of the improved cartway for a distance of not less than 20 feet or shall be at least 50 feet from the side of any street or driveway intersection.
d. 
The following signs are prohibited in all zones:
1. 
A flashing, blinking, twinkling, animated or moving sign of any type, other than an electrically activated changeable sign as regulated by Subsection 25-15.4q.
2. 
Signs with any lighting or control mechanism which may cause radio or television interference.
3. 
Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door, or opening used as a means of egress or ingress or for firefighting purposes, or placed so as to interfere with any opening required for legal ventilation.
4. 
Any sign which is such a form, character, or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle.
5. 
Signs which in any way simulate official, functional, directional, or warning signs erected or maintained by the State of New Jersey, County or Municipality thereof, or by any railroad, or public utility or similar agency concerned with the protection of public health, safety, or welfare.
6. 
Any sign located on a lot other than the lot occupied by the primary use, event, or product which the sign advertises.
7. 
Any sign attached to or painted on trees, fences, utility poles, rocks, curbs, walks, lamps, hydrants or bridges.
8. 
Any sign that obstructs driving vision, traffic signals, traffic, directional and identification signs, other places of business or other signs. Obstruction is to be determined by the line of sight for 300 feet, from a height of four to 10 feet, oriented from the stop line of any intersection of streets and/or driveways.
e. 
Every sign permitted in this section must be constructed of durable material and must be kept in good condition and repair. All freestanding signs either permanent or temporary in nature, must be anchored in the ground.
f. 
In order that no sign may be injurious to public interest or endanger the interest of public safety or morals, all unlicensed signs shall be removed upon receipt of written or hand-delivered notice of violation served by the Zoning Officer to the landowner or lessor or lessee of the sign. Such violations shall be discontinued immediately.
g. 
No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or use so advertised is open to the public later than 10:00 p.m., in which event any such establishment may keep the sign illuminated until the business is closed to the public, but not thereafter. This prohibition shall not apply to an electrically activated changeable sign as regulated by Subsection 25-15.4q.
h. 
No sign shall be erected, containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of the Township Zoning Ordinance in the zoning district in which the property to which the sign relates is located.
i. 
All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the Township Building Code.
j. 
All freestanding and monument signs shall require a building permit.
k. 
Signs advertising a use no longer in existence or a product no longer available shall be promptly removed.
l. 
No portion of an awning or canopy or its sign may extend below 6.5 feet when extended or retracted, and may not extend more than six feet from the building line when open. An awning or canopy sign may not exceed eight inches in height, but may run the entire length of the allowable edge.
m. 
A projecting sign shall not project out more than four feet and may have an area of not more than nine square feet. In addition, it is to have a minimum distance of eight feet from the ground surface to the bottom edge of the sign or its frame.
n. 
Marquee signs shall not exceed eight inches in height, or be positioned less than 6.5 feet above the ground surface.
o. 
Signs advertising work performed by a contractor shall be removed within seven days of the substantial completion of the work performed.
p. 
Manually activated changeable signs shall be permitted as part of a permitted sign for a public or private school or house of worship.
q. 
Electrically activated changeable signs shall only be permitted as part of a permitted freestanding sign in a business zone, which sign is located along a lot frontage abutting a State or County road.
[Ord. No. 2357-12 § 25-15.5]
It shall be unlawful for any person, firm, or corporation to erect, alter, relocate, or maintain within the Township any sign as set forth and defined in this chapter, except those exempted, without first making application for a permit from the Zoning Officer which shall be in addition to any other licenses or permits which may be required by other ordinances.
a. 
Applications for permits shall be made on forms supplied by the Township and shall contain the following information:
1. 
Name, address, and telephone number of the applicant and the sign erector.
2. 
Location of the building, structure, or lot to which the sign is or is to be attached or erected.
3. 
Position of the sign in relation to nearby buildings or structures.
4. 
Name of person, firm, corporation, or association erecting the sign if new construction.
5. 
Name of owner of property on which sign is located and written consent of owner if other than applicant.
6. 
Scale drawing of the sign, showing all details, including message, color, lighting, structural design, and anchorage.
7. 
Such other information as the Zoning Officer shall require to show full compliance with this and all other ordinances of the Township.
b. 
Procedure. The Zoning Officer, upon receipt of an application, shall examine or cause to be examined, the application and, when necessary, examine, or cause to be examined, the lands and/or premises upon which the sign is erected or proposed to be erected, replaced, or altered as to change the dimensions or information displayed, and determine whether the structure or proposed structure is in compliance with all of the requirements of this chapter and all other laws and ordinances of the Township. The Zoning Officer's determination shall be noted in the application. If the determination is favorable, a permit will be issued; if the determination is unfavorable, the application shall be rejected. Signs requiring a building permit under this section, or any other ordinance or law of the Township, shall not be issued a sign permit until the requirements for a building permit(s) have been met.
c. 
Temporary Signs: Applications and Procedure. Applications for temporary sign permits shall be made by the fee owner or lease holder of the land on which the sign will be located and the application shall be deemed to grant permission to the Township to enter upon the applicant's land and remove the sign if, upon five days' notice by ordinary mail that the permit has expired, the applicant has failed to remove same. The application for permit shall be made on Township forms and shall contain the same information required of all permits, except in addition, shall also require a deposit of $1 per square foot of sign. The deposit shall be held by the Township until the sign is removed, at which time it shall be returned to the applicant. The Township may use the deposit in order to cover the cost of removing the sign should the applicant fail to do so when the permit expires. Use of the deposit will not limit the Township's ability to use other legal means to recover costs above and beyond the deposited amount.
d. 
Fees and Expirations. The fee for permits issued hereunder for new signs shall be $0.25 per square foot of surface area of the sign with a minimum of $5 and a maximum of $50 per sign.
e. 
Computation of Sizes and Signs.
1. 
In residential and other non-corporate, non-business, and non-industrial zones, the size of any sign for the purposes of determining its compliance with the provisions of this chapter shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures, unless such supporting structure is illuminated or is in the form of a symbol or contain advertising copy.
2. 
In business, shopping center, industrial, and corporate zones, the size of any sign shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures, unless such supporting structure is illuminated or is in the form of a symbol or contains advertising copy, but for the purpose of making such determination, the applicant may block off portions of the sign into not more than three rectangles in order to exclude large areas of open space caused by the peculiar design or shape of that symbol, copy or structure.
3. 
Multiple-side signs carrying the same message on all sides shall be considered to be a size equivalent to the sum of all the sides/signs, except that a two-sided sign with identical information on both sides of the sign shall only have one side included in the calculation of sign area.
[Ord. No. 2357-12 § 25-15.6]
a. 
It is the intent of this chapter that all existing signs not conforming to the provisions of this chapter be eliminated or brought to conform with this chapter.
b. 
Any signs existing at the time of the passage of this section which violate any provisions thereof shall be deemed a nonconforming sign and may be continued, maintained and repaired upon the present premises or location; provided that such sign was lawful under any prior ordinance and that required permits and inspections were obtained.
c. 
Upon abandonment of a nonconforming sign by the existing owner or lessee, said sign must be removed within 30 days by the landlord or tenant.
[Ord. No. 2357-12 § 25-15.7]
Any sign which requires a building permit shall be subject to the provisions of design and site location review by the Planning Board, except that temporary signs otherwise permitted under this chapter may be erected at the risk of the permittee prior to such review and approval. In such cases, a permit shall first be secured from the Township Construction Official, provided that the application shall subsequently be subject to review, approval, or disapproval by the Planning Board in accordance with its building permit procedure stated on such permit.
[Ord. No. 2357-12 § 25-15.8]
This chapter does not apply to any sign which is not visible to motorists or pedestrians on any public highway, street, or alley, nor to any specific information panel for the direction of motorists which may be located, under authority of any Statute, on any highway property of the State of New Jersey, its subdivisions, or the Federal Government.
[Ord. No. 2404-14]
a. 
A person shall not post or otherwise display any temporary commercial or business advertisement, to induce directly or indirectly any person to enter into any obligation or acquire title or interest in any property, object, ware, good, commodity, or service, on any real property located within the Township, or any building, pole, post or other structure on the property, without the prior written permission of the owner of record for the property, or the building or other structure thereon. This subsection shall apply to all properties, including those appearing to be abandoned or vacant. This subsection shall not apply to a person posting or otherwise displaying a temporary advertisement containing information and directional indicators inviting the public to purchase or lease real property at a real estate open house or similar event for that property.
b. 
Upon discovery by an owner of real property of a violation of Subsection a of this subsection, the owner may report the same to the Township Zoning Official.
c. 
Violation. Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of up to $1,250 for each such violation and each day in which such violation continues. Each posting or display of an advertisement in violation of this subsection, and each day in which a posting or display continues, shall constitute a separate violation or offense. In Addition to the foregoing remedies, the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations.
[Ord. No. 2404-14]
a. 
The Township may remove or cause to be removed any advertisement posted or displayed in violation of Subsection 25-15A.1.
b. 
Whenever the Township removes, or causes to be removed, any advertisement, the Township may present the person who posted or otherwise displayed the removed advertisement, or the business advertised in the removed advertisement, by certified and regular mail, a detailed itemization of the costs of removal incurred by the Township, requiring reimbursement by that person or business of the removal costs.
c. 
If the person or business does not provide reimbursement within 30 days of receipt of the Township's itemization, the Township may enforce the payment of these costs, together with interest and reasonable collection costs, by instituting an action at law for the collection thereof. The Superior Court or the Municipal Court shall have jurisdiction of any collection action.
[Ord. No. 2404-14]
a. 
The Township hereby establishes the Advertisement Removal Fund, pursuant to P.L. 2013, c. 192. The Advertisement Removal Fund shall be administered by the Township Zoning Official.
b. 
The money collected by the Township for advertisement removal shall be credited, along with any other funds made available, to the Advertisement Removal Fund.
c. 
Expenditures from the Advertisement Removal Fund shall be used exclusively to remove advertisements and to otherwise enforce the provisions of this section, and to administer the fund.
d. 
The Township may report to the Division of Consumer Affairs, in the Department of Law and Public Safety, for further investigation by the Division, any pattern or practice of advertisements posted or otherwise displayed in violation of Subsection 25-15A.1, which reasonably appears to violate the provisions of P.L. 1960, c.39 (C.56:8-1 et seq.). Any report by the Township to the Division under this subsection shall be investigated by the Division as may be warranted.
[Ord. No. 2357-12 § 25-16.1]
The aesthetic value of the Central Business District is especially important to the historic, economic, social and viability of the Township as a whole. Although public initiative is an important incentive for rehabilitation, private investment development is the key for redeveloping the Main Street Corridor and Valley areas to reflect what is unique about West Orange. The amount of interest and variety of private development requires organization and a structured approach. A coordinated effort produces better results more efficiently.
[Ord. No. 2357-12 § 25-16.2]
West Orange has a unique multi-nodal downtown with five distinct sections, the Valley, St. Mark's area, Edison, Tory Corner and the Lourdes. Each of these areas is represented by a landmark or collection of uses that have served to identify the area in history. The Valley and Main Street areas are separated by Highway 280 and are perceived as being more distinctly separated than the Main Street areas. The important point to consider is that the downtown stores form a single business community which is characterized by a single identity.
[Ord. No. 2357-12 § 25-16.3]
In shopping and specialty centers across the country, private development is strictly controlled to everyone's advantage. Downtown West Orange has no such mandate for strict control, but rather seeks to join in with a cooperative spirit. This cooperative spirit is developed through a public/private partnership and is best utilized to understand what is mutually advantageous, and to build a dynamic and coordinated downtown. This alliance of property owners with clear team spirit is essential to success.
[Ord. No. 2357-12 § 25-16.4]
Historical perspective, a building's relationship to its surroundings and sensitivity to detail are the key building blocks to coordinated design. There is great freedom for individual expression and design within these guidelines. Understanding the guidelines provides a basis for unity with great variety. The ultimate benefit is an economically dynamic downtown with harmonious but diversified charm, character and attractiveness.
[Ord. No. 2357-12 § 25-16.5]
These standards will serve to classify building types, and assist in a determination of the best architectural approach. Furthermore, they will provide a means for materials selection, coloration, and usage, with an end result of a creative yet harmonious design solution. They wish to encourage the generation of well-conceived building and remodeling. They provide directions, suggest positive benefits from historic respect and simplify paths towards sound planning, good design and craftsmanship. It is not the intent of these standards to inhibit creative expression, but to provide a context for diverse yet unified architecture and design.
[Ord. No. 2357-12 § 25-16.6]
a. 
Restoration. Restoration is quite literally the act of returning a building to its original condition and appearance. This technique is usually reserved for buildings of significant historical or architectural interest or importance. An accurate, well-crafted restoration requires a great deal of research, time, tenacity and expense on the part of the owner. Usually parts of the building, such as ornamentation, glazing, finishes, etc., must be carefully reproduced to match existing detailing to insure the best end product. Historic photographs have been proven to be the best source of visual information to be referenced for accurate restoration or remodeling.
A historically accurate restoration would be a valuable addition to any area of West Orange, and these guidelines encourage such efforts.
b. 
Remodeling. Remodeling is the category into which most of the redevelopment in the Valley and Main Street, West Orange, can be placed. Remodeling ranges from an attempt to recapture the spirit of the building as it was in its original condition to a simple clean-up job accompanied by a well-designed paint scheme.
Remodeling may entail the addition or introduction of elements that are non-historical but that, if well-designed in themselves, can relate well to older parts of the building fronts. The key to the remodeling classification is that the original form of the remodeled building is still apparent, but changed.
c. 
Redesign. Redesign is at the opposite end of the scale from restoration. Redesign usually results in a completed building that bears little resemblance to the building as it was prior to the commencement of the work. This approach is most appropriate with buildings that have been changed over the years and have been stripped of their architectural character or heritage. Redesign can replace lost personality in a building front or modify a building whose original function has changed.
The redesign approach is appropriate for buildings of unattractive design, built or faced with unacceptable materials, or for buildings whose intended use is totally different from their original use.
Redesign should be sensitive to neighboring buildings and the elements of the massing, scale, line, texture and color discussed under the Design Criteria.
In many instances, the material that was part of the original facade and formed the frame around the building front has been covered. Often iron columns and lintels in good condition are underneath paint or other materials. It is well worthwhile to expose and clean them. Original materials may have been damaged by overlays of newer materials, but not so seriously that they cannot be patched or restored. If the original materials have been removed or severely damaged at any level, redesign may be necessary. Ideally, this would be carried out with materials relating to the remaining building facade.
d. 
New Design and Construction. New design and construction, where an existing building stands, should be looked upon as a last alternative only after all other options have been thoroughly explored. In most cases an existing building can be adapted to suit the new use, even if the facade is the sole remaining original building element.
There are, however, a few buildings with Main Street frontage that have been modified so many times that they lack the slightest vestige of their original architectural design. In many cases, it would be more difficult to modify one of these structures to a new use then it would be to demolish and begin anew.
e. 
New Buildings and Their Setting. If new construction is to be undertaken, the design solution must be sensitive to its context. This will require design relationships that will affect the final design of the building. When viewed in a positive manner, this approach creates buildings that enhance one another but yet allow for individual expression.
[Ord. No. 2357-12 § 25-16.7]
a. 
The Designer. Although architects and designers consciously shape a building, anyone making a decision affecting the usefulness or appearance of a building becomes the designer. It may be a quick idea given to a contractor or simply the selection of a color, but in all cases the building is affected by someone. Decisions made with an understanding of overall design impact and responsibility will be more conscientious and produce a better design.
It should be emphasized that a good design solution strives for maximum effect with minimum expenditure. It also creates and sustains the long-term value of a building.
b. 
Basic Elements. The Valley and Main Street areas have inherited more vintage buildings than any other area. This legacy contains untold wealth in the form of generous spaces and graceful details, much of which cannot be reproduced at any price. This treasure is there for people who are aware of it. It can be cultivated by understanding the basic elements of this architecture and applying them in any type of redevelopment. These elements are simple, straightforward ideas that are easy to use.
By understanding these basic elements, an owner or tenant is better prepared to produce a well-designated, integrated building renovation. New construction requires the same understanding and insight to assure a building that respects its older neighbors and enhances the small-scale, intimate ambiance of Main Street.
What follows is a discussion of these features.
c. 
Massing. The term massing refers to two things. One is the visual weight relationships of the various components of a building. The second refers to the relationship of the visual volume of one building to its neighbors.
Main Street buildings are for the most part perceived more in terms of their facade than they are as three-dimensional solids. So when massing is referred to, the term means the potential visual relationship of one building's front to another.
Main Street buildings are typically two story structures with an occasional three story building and some one story buildings. The width of the building is generally 25 feet with some multiples of 25 feet. Continuity and the need for visual balance requires the careful use of mass that does not inappropriately interrupt the Main Street facades with the mass of a building. A recommendation of this guideline is that the height limitation never exceeds 35 feet on Main Street frontage. If an amended height ordinance allows selected variance, a setback should be required from Main Street. This would allow taller buildings to stand 1/4 to 1/2 block away from the Main Street massing plane.
d. 
Proportion. Proportion is the ratio or relative size of dimensions within a building. It can refer to specific details such as height to width of a window or a door, or the relationship between the height and width of the entire facade.
Generally speaking, proportions should be varied and suitably contrasted for greater design interest. The use of the ratio 1:1 virtually never occurs in the historic type architecture of the Valley and Main Street areas. When proportions are carefully studied, new construction can easily be made to relate to the remaining original architecture.
Good proportions cost no more than bad and are therefore one of the designer's most effective tools.
e. 
Scale. Scale is another form of proportion — expressed as the relationship of the "apparent" size of a building or element upon the building as it relates to the size of a human being. Large scale buildings and building elements look impressive and imposing. A smaller scale is more suitable to the people atmosphere of Main Street and the Valley areas. Scale should suit a business and be conscious of its effect on people. Human scaled buildings are comfortable and create a friendly atmosphere.
f. 
Apparent Scale. It is important to note the use of the word apparent when speaking of scale, because buildings can be made to seem larger or smaller, depending upon the proportional relationships of the elements that make up the building front.
g. 
Bigger or Better. A building can be said to have good scale if the building does not look "too big for its size". Giant two story Grecian columns would be inappropriate for a small shop front, not only from a detailing point of view but also because of the discontinuity of apparent scale that would result. Often, when a person wishes to make a storefront more important or impressive, some "big building" details result. Making a small building look larger is a fundamentally inappropriate architectural approach and should be avoided. Doors, hardware, roof overhangs, sidings, moldings, light fixtures and details easily affect the scale of buildings and should be considered carefully.
h. 
Signage. Signage can also influence the scale of the building, or its apparent size. A large sign on a small building front has the effect of making the facade seem even smaller than it may be. So, a large sign designed to impress can result in an opposite effect - that of a very small business trying to look bigger than it is.
i. 
Texture and Patterns. The building surfaces along Main Street are largely composed of textures and patterns. The play of light and shadow on these textures and the color created by architectural patterns create great surface interest on building facades.
Texture is the visual and tactile degree of roughness and smoothness of surfaces. From glass to stonework all materials have a texture that can be used to blend or contrast and enhance a building design.
Pattern is a regular repetition of a design, shape, form or void. Pattern creates a visual texture at a certain scale. Bricks form a pattern of repeated rectangles separated by regular widths of mortar. At a distance this pattern creates a visual texture. Pattern should be used as carefully as texture to enhance a design and give interest to surfaces as needed.
A predominant pattern on Main Street is created by brick masonry. One appropriate approach for new construction to relate to older patterns would be to use brick.
Some buildings have portions of textures and patterns covered over or destroyed. Rather than introducing a totally new design element a better approach would be to uncover or replace the existing textures and patterns.
j. 
Applied Textures. The stamped steel Victorian Fronts of some Main Street buildings although applique in nature, do not look "stuck on." This is because each piece was considered part of a whole integrated building front sensitive to proportion, scale, texture and pattern. Sensitivity to these relationships will minimize superficial or cosmetic solutions.
During the 1940's and 1950's slick materials with jazzy textures such as uncoated aluminum and glass curtain walls were promoted and used as remodeling dream materials. Another inappropriate contrast is the use of rustic shingles on an urban street. All these only serve to cover-up good honest masonry and other perfectly good surfaces.
k. 
Line. The term "line" refers to the vertical and horizontal alignment of architectural features that occur on individual building fronts and on consecutive building fronts. Line may be the uppermost edge of a series of cornices on a row of buildings. The line may also be created by a series of window sills, building to building. The consistent termination of the first floor levels of a series of buildings forms a horizontal alignment.
These lines or alignments serve to unify and formalize the building fronts along Main Street. All efforts should be made to reinforce these lines and alignments in work carried out on Main Street building fronts.
The careful consideration of linear alignments is especially important with relation to new construction. A new building or new facade must conform to the major alignments suggested by flanking buildings to insure continuity of the storefronts along Main Street.
[Ord. No. 2357-12 § 25-16.8]
Downtown redevelopment must be respectful of its surrounding if an overall positive ambiance is to be created and preserved. Construction need not be imitative or quasi-Victorian in style; to the contrary, poor imitations, such as ersatz mansard roofs, awkwardly designed cupolas and inappropriate appliques are worse, cheapening and debasing the overall look of the downtown area. Contemporary construction and remodeling can be totally positive by using the language and essential substance of nineteenth-century architecture to guide the designer in massing, proportion, scale, texture, pattern and line.
[Ord. No. 2357-12 § 25-16.9]
Another design approach and one of the ways to deal with the needs for new construction in an historic setting involved a harmonious juxtaposition of old contrasted with new; harmonious in terms of sensitivity to the essential substance of the historic precedent described above yet consciously contrasting in style and vernacular. This approach is difficult to master and should be considered only on a limited basis with acute concern for the enhancement of downtown. While the contrast must be strong, it must also fit its surrounds and not appear as an isolated, foreign element.
[Ord. No. 2357-12 § 25-16.10]
A good exterior design solution should be an expression of what is going on within. This approach will result in a quality end product that is more than simply "cosmetics."
Good design can begin with an efficient and attractive exterior and follow through with good detailing of such elements as window openings and entrances that lead to rooms and spaces of good proportions and shapes. The quality of the interior should fulfill the promise of a well-done exterior.
Certain interior materials, through commercial over-use or residential saturation, almost always are disappointing and should be avoided. A few are shag-rugs, multi-colored or not; gold-flecked mirror tiles; veloured wall paper; barnwood, imitative stained glass; wood shingles; and simulated or imitative materials of any kind. These materials generally lack quality (plastic wood grains), soon show wear (shag carpets) and are hard to clean (wood shingles).
Another consideration with these types of interior materials is that they are faddish and have no sense of duration or permanence. This is generally inconsistent with exteriors that carry the dignity of years.
A prime example of the importance of exterior-interior relationship is evidence in the expression of the ceiling height as it relates to storefront windows. In the past, standard ceiling heights were much higher than they are today. In the case of remodeling, it is desirable to remove the once popular dropped ceiling thus restoring the original ceiling height on the interior and restoring the original window height on the exterior. If factors do not permit raising the ceiling, it may be possible to turn the ceiling up for a few feet just inside the window.
[Ord. No. 2357-12 § 25-16.11]
Some materials and building techniques are more appropriate than others for use on facades and the visible portions of interiors. Good craftsmanship can make the most of inexpensive materials, while conversely, bad craftsmanship can ruin the effect of even the finest most expensive materials.
[Ord. No. 2357-12 § 25-16.3]
The following is an inventory of materials, the use of which should be avoided because of historical inappropriateness, maintenance problems or appearance:
Imitation metal "rock work"
Imitation masonry of any kind
Plastic molded imitations of any conventional building materials
Corrugated metal
Corrugated fiberglass
Mirror or metalized reflective glass in quantities exceeding 10 square feet
Stucco treated as "Hacienda" or "Mediterranean" texture
Expanded metal
Silver or clear anodized aluminum sheets
Silver or clear aluminum extensions for windows and doorways
Imitation wood siding
Flat or molded plastic sheeting in quantities exceeding five square feet
Coarsely finished "Rustic" materials such as wood shakes, shingles, barnwood or stained fir plywood
Poorly crafted or "Rustic" woodworking and finishing techniques
Antique or old brick with partial paint, mottled light, variegated brick, oversized brick and white brick mortar
Wrought Iron, "New Orleans" style grille and rail work
Astro-turf
Indoor-outdoor carpeting
[Ord. No. 2357-12 § 25-16.13]
Quality materials help insure good appearance as the years pass. Labor is generally the most costly aspect of a construction project. If interior materials are used and fail, the cost of labor must be incurred again to correct material failure. Quality materials will age with dignity and represent a long-term commitment to the architectural quality of West Orange.
All well-finished, carefully crafted, traditional building material should be used in a manner sympathetic to the scale and the architectural character of the Valley and Main Street area.
Traditional red brick and natural stone masonry using traditional coursing treatments and laying techniques such as running bond, soldier coursing, Flemish bond, English bond, Ashlar and random Ashlar stone facing are all acceptable. Use of conventional size bricks is important. The brick-red traditional color correctly relates to existing brick work in appearance. White mortar creates too much contrast and a harsh texture. Mortar tinted the same color as the brick was used traditionally in fine brick masonry and creates a rich, solid feeling.
Milled and shaped lumber and siding have a long-standing precedence for use in urban settings as they were the most popular building material in the late 19th century.
Steel and iron finely-scaled, carefully finished steel and ironwork is historically appropriate. This material is traditionally used for sashwork, handrails, construction hardware and ornament. Black finish is recommended for all metalwork. Scroll and ornamental wrought-ironwork is inappropriate and not recommended. Decoration must enhance the functional nature and straightforward character of ironwork.
Glass is an historically appropriate material that contributes directly to added architectural interest, revealing interior activity to the passer-by and reflecting movement and animation.
Ceramic tiles were used in the later 19th century to introduce color accent to a building front. Care must be exercised not to over-do this kind of detailing.
Brick, clay and ceramic tile pavers.
Slate, terne-metal, glazed ceramic and tile roofs.
Concrete as lintels and columns.
[Ord. No. 2357-12 § 25-16.14]
Avoid artificial preservation finishes such as fiberglass, resin coating or laminated plastics.
Avoid "rustic" or "antique" surface finishes.
Avoid faddish or temporary surface finishes. It is important that the finish connote permanence and quality, rather than shabbiness or transience.
Avoid any finish that calls excessive attention to itself and does not complement surrounding buildings.
[Ord. No. 2357-12 § 25-16.15]
Quality materials do not guarantee a quality job. The method of finishing the chosen materials determines apparent quality. "Finish" means exactly what it says — it is the last thing done before use begins. The last thing done is the first thing people see and experience
a. 
Paint. Painted, well-finished wood and metal were the most characteristic finish materials of the late nineteenth and early 20th century. Painted wood that has been properly prepared and finished presents a handsome, extremely durable and colorful surface for all buildings.
Semi-gloss alkyd enamel paint, when applied to a properly prepared surface, forms the best protection possible for wood and metal. Semi-gloss finish is recommended because it is easily cleaned, it enhances the color, yet does not severely highlight defects or surface irregularities. Labor is the costly factor in painting. Buying good quality materials insures a lower labor cost over a long period because of the extended life that can be expected from good quality materials.
Painting is as difficult to do well as any other aspect of the building trades. A roller does not yield the kind of finished, silky-painted surface that a good china bristle brush produces in the hands of a skilled craftsperson. The last coat of paint is the first thing seen. Good craftsmanship in this final step will guarantee a noticeable quality appearance.
Recent years have seen the popularity of unpainted, unfinished wood increase. Unfinished woods tend to have a more rustic look, which is less appropriate in the traditionally business-oriented mercantile section of West Orange than it would be in the more rural areas of town.
Well-finished materials give a more formal, "dressed" appearance to a portion of town where this "dress" has traditionally been the case.
Color decisions, although very subjective, can use objective criteria for narrowing choices and reducing the possibility of random and harmonious selection.
b. 
Color Surfaces. Color can be applied to almost any material and surface; walls, roofs, doors, windows, fascias, downpipes, cornices, lintels, brackets and sills. Generally two basic colors need to be selected: the base color which is the predominating amount of color and usually will be applied to walls and the accent color for trim, hardware, doors, etc.
c. 
Traditional Base Colors. Much of the color in downtown is the original color of the buildings. These durable colors are in the natural materials themselves, such as brick and stone. The natural color of brick and stone is beautiful and appropriate to downtown West Orange. Painted brick may be restorable by chemical washing, hand cleaning or sandblasting. Sandblasting may cause a resultant course and porous surface.
Brick and stone begin to define a family of colors that go well with them. Colors which are natural or muted such as beige, terra cotta, brick-red, blue gray, warm gray, etc.
The selection of a base color is also affected by considering how large a surface it is going to cover. A bright or loud color is difficult to harmonize with its neighbors as it screams for attention. This type of glaring obtrusion is not respective of its surroundings and creates a color rudeness.
d. 
Surrounding Natural Color. Another guide to colors that go well with natural materials are the colors found in the landscape around West Orange. The dark green of forests, the gray brown of mountains, all relate well to bricks and masonry. Large areas are quickly made handsome by using these subdued and respectful natural shades of color.
e. 
Deep and Pastel Colors. Strong deep color such as navy blue, dark green and chocolate brown can be used effectively on buildings. Their relation to the block should be carefully studied however to prevent them from creating a dark "hole" in the building plane.
Pastel colors are used in more tropical areas because they tend to look weak in winter. Colors containing violet tinting quickly fade and chalk. They are not recommended because of their higher maintenance.
f. 
Trim and Detailing. Wood and metal trim surrounding surfaces, doors and windows allow the use of a second color.
The color used to border a wall surface can create different effects. This color can be on first and second floor cornices, window sashes and trim frames. A light to medium light color such as off-white creates a snappy, crisp, clean look. Dark brick-red, black and deep tones go well with red brick and natural stone to create a rich harmonious blend. Windows should be considered as black volumes. A light color will feature them; a dark color will subdue them. Light colors on window sashes reflect more light into an interior and require more cleaning. Window lintels, sills and sashes should be painted a different color than their wall surface.
Contemporary aluminum door and window frames should seldom be left as unfinished silver aluminum color. Bronze or black anodized or painted finishes are recommended.
g. 
Bright Color. Bright and glossy colors can be used as focal points such as a door, architectural and window pinstriping, and details, such as focal points of stamped steel facades. White is the brightest of all colors and should be used with careful consideration of its glare and effect on surrounding buildings. White always required high maintenance.
Faddish color schemes such as psychedelic combinations of color and design are inappropriate to the Township's character and heritage. Respect of it with regard to color application will yield better, more honest solutions. People sense an artificial or misplaced decor. If it is necessary to reflect a business in exterior decor, it is best confined to signage.
[Ord. No. 2357-12 § 25-16.16]
Color selection should be respectful of its surroundings. Subdued colors work best as a base overall color. Brighter colors work best as focal points.
Color should enhance the visual appeal of a building. It can affect the proportions and mood of a building greatly.
Often the quickest way to a decision is to build a rough cardboard model of the building. Details are not necessary. General masses and amounts of paint should be proportionate. Windows should be represented as black volumes and can be cut out of black paper placed over the painted cardboard building front. Buying a pint or quart of test paint and trying it on the building is a next step.
It is well to remember that small sample chips look darker than when covering a wall.
[Ord. No. 2357-12 § 25-16.17]
The Planning Board or Zoning Board shall have the discretion of applying the design controls established in this section to any site plan or variance application within the Township if, in the opinion of the Board, the application of such controls will be in the best interest of the community.
[Ord. No. 2357-12 § 25-16.18]
The following provisions apply:
a. 
No security enclosures are permitted in or on any nonresidential building or storefront opening in any OB-1, OB-2, B-1, B-2, P-C, O-R, I or I-B District.
b. 
Nonsolid grill work is permitted inside nonresidential buildings and store fronts at a minimum of two feet from any front window.
c. 
A permit is required from the Construction Official and a $25 permit fee must be paid prior to the installation of any security enclosure. Before a permit will be issued, written notification must be filed with the Fire Subcode Official.
[Ord. No. 2357-12 § 25-17]
Provisions of Chapter 32, Land Subdivision, § 32-1 through Subsection 32-12.10 shall apply, except where a standard or requirement in this chapter may conflict with other Township Ordinances, in which case the higher of the two standards or requirements shall govern.
Exception: This provision may be modified by the Township Engineer based on sound engineering practices.
[Ord. No. 2357-12 § 25-18.1]
The fair share obligation in West Orange consists of a 324-unit rehabilitation obligation, a 226-unit prior round obligation and a 341-unit growth share obligation that represents one affordable unit for every four market rate residential units receiving a certificate of occupancy subsequent to January 1, 2004 plus one affordable housing unit for every 16 jobs created through the expansion or creation of nonresidential development in accordance with the schedule determined by the New Jersey Council on Affordable Housing (COAH).
West Orange shall provide a regional preference for all households that live and/or work in COAH Housing Region 2 comprised of Essex, Morris, Union and Warren.
[Ord. No. 2357-12 § 25-18.2]
95/5 UNIT
Shall mean a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93 before October 1, 2001.
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability controls of this section with respect to specific restricted units, as designated pursuant to N.J.A.C. 5:80-26.14.
AFFORDABILITY AVERAGE
Shall mean an average of the percentage of median income at which restricted units in an affordable development are affordable to low- and moderate-income households.
AFFORDABLE
Shall mean, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12.
AFFORDABLE DEVELOPMENT
Shall mean a housing development all or a portion of which consists of restricted units.
AGE-RESTRICTED UNIT
Shall mean a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of the 42 U.S.C. §§ 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.
AGENCY
Shall mean the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.) and in, but not of, the DCA.
ASSISTED LIVING RESIDENCE
Shall mean a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
BALANCED HOUSING
Shall mean the Neighborhood Preservation Balanced Housing Program of the DCA as set forth at N.J.S.A. 52:27D-320 and N.J.A.C. 5:43.
CERTIFIED HOUSEHOLD
Shall mean a household that has been certified by an administrative agent as a low-income household or moderate-income household.
COAH
Shall mean the Council on Affordable Housing in, but not of, the DCA, established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA
Shall mean the State of New Jersey Department of Community Affairs.
FAIR SHARE ROUND
Shall mean any one of three periods in time during which the Council established municipal obligations to provide affordable housing and the first round was from 1987-1993 and the second period was from 1993-1997 and the third is for 1999-2018.
HAS
Shall mean the Housing Affordability Service, formerly known as the "Affordable Housing Management Service," at the New Jersey Housing and Mortgage Finance Agency.
LOW-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income equal to 50% or less of the median income.
LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a low-income household.
MEDIAN INCOME
Shall mean the median income by household size for an applicable county, as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income in excess of 50% but less than 80% of the median income.
MODERATE-INCOME UNIT
Shall mean a restricted unit that is affordable to a moderate-income household.
MONI
Shall mean the Agency's Market Oriented Neighborhood Investment Program, as it may be authorized from time to time by the Agency.
NON-EXEMPT SALE
Shall mean any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
Shall mean a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
Shall mean the maximum housing value affordable to a four-person household with an income at or above 80% of the regional median as defined by the Council's annually adopted income limits.
RENT
Shall mean the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
Shall mean a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, but does not include a market-rate unit financed under UHORP or MONI.
UHORP
Shall mean the Agency's Urban Homeownership Recovery Program.
[Ord. No. 2357-12 § 25-18.3]
West Orange has determined that it will use the following programs to satisfy its affordable housing obligation:
a. 
Rehabilitation Program. Group homes, family redevelopment, age-restricted rentals, family rentals, for-sale family housing, in redevelopment, market to affordable program of family rentals and accessory apartments.
The following general guidelines apply to all developments that contain low-and moderate-income units, and any future developments that may occur.
[Ord. No. 2357-12 § 25-18.4]
a. 
The Rehabilitation Program.
1. 
West Orange's rehabilitation program is designed to renovate deficient housing units occupied by low-and moderate-income households and after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
2. 
West Orange has designated Community Action Services and the Essex County Home Improvement Program as the administrators of the rehabilitation program.
3. 
Both renter occupied and owner occupied units are eligible for rehabilitation funds.
4. 
Both renter occupied and owner occupied units must remain affordable to low- and moderate-income households for a period of 10 years. For owner occupied units this control period will be enforced with a lien and for renter occupied units the control period will be enforced with a deed restriction.
5. 
West Orange will dedicate a minimum of $10,000 for units rehabilitated through this program.
6. 
West Orange has created a rehabilitation manual for this rehabilitation program, which is available for inspection at the West Orange Planning Department and is on file with COAH.
[Ord. No. 2357-12 § 25-18.5]
West Orange has adopted a redevelopment plan that includes affordable housing.
If future zoning is adopted, there will be a set-aside for affordable housing. Payment in lieu of development funds will be used within West Orange for the creation of affordable housing units.
In inclusionary zones, including zones subject to a growth share ordinance, the following schedule shall be followed:
Percentage of Market-Rate Units Completed
Minimum Percentage of Low- and Moderate-Income Units Completed
25
0
25+1
10
50
50
75
75
90
100
[Ord. No. 2357-12 § 25-18.6]
a. 
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
1. 
The fair share obligation shall be divided equally between low- and moderate-income households.
2. 
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
3. 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a) 
The combined number of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units;
(b) 
At least 30% of all low- and moderate-income units are two bedroom units;
(c) 
At least 20% of all low- and moderate-income units are three bedroom units; and
(d) 
The remainder may be allocated at the discretion of the developer.
(e) 
Age-restricted low- and moderate-income units may utilize a modified bedroom distribution and at a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development.
b. 
Accessible Townhouse Units.
1. 
The first floor of all townhouse dwelling units and of all other multistory dwelling units for which credit is sought pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), on or after October 1, 2006, the effective date of P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.), and for which an application for a construction permit has not been declared complete by the enforcing agency pursuant to P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and which were included in a prior round fair share plan or in a third round fair share plan and for which credit continues to be sought shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
2. 
To receive Council credit for a townhouse unit or other multistory dwelling unit that is attached to at least one other dwelling unit West Orange shall ensure that:
(a) 
Townhouses or other multistory dwelling units that are attached to at least one other dwelling unit for which credit is sought for low- or moderate-income housing shall have the following features:
(1) 
An adaptable toilet and bathing facility on the first floor;
(2) 
An adaptable kitchen on the first floor;
(3) 
An accessible route of travel;
(i) 
An interior accessible route of travel shall not be required between stories;
(4) 
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(5) 
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that West Orange has collected funds from the development sufficient to make 10% of the adaptable entrances in the development accessible;
(b) 
In the case of a unit or units which are constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed;
3. 
The builder of the unit or units shall deposit funds, sufficient to adapt 10% of the affordable units in the projects which have not been constructed with accessible entrances, with West Orange, for deposit into the municipal affordable housing trust fund;
4. 
The funds under Subsection b,3 above shall be available for the use of West Orange for the purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance;
5. 
The developer of the affordable project subject to P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) shall submit the design with a cost estimate for conversion to West Orange; and
6. 
Once West Orange has determined that the plans to adapt the entrances of the townhouse or other multistory unit meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, the West Orange Chief Financial Officer shall ensure that the funds are deposited into that fund.
7. 
Full compliance with this section shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
c. 
Maximum Rents and Sales Prices.
1. 
West Orange hereby establishes that the maximum rent for affordable units within each affordable development shall be affordable to households earning no more than 60% of median income and the average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
2. 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low- income and moderate-income units, provided that at least 13% of all low- and moderate-income units shall be affordable to households earning no more than 30% of median income.
3. 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income and each affordable development must achieve an affordability average of 55% for restricted ownership units and in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
[Ord. No. 2357-12 § 25-18.7]
a. 
Affordable units shall utilize the same type of heating source as market units within the affordable development.
b. 
Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
[Ord. No. 2357-12 § 25-18.8]
a. 
Occupancy standards for affordable housing units are pursuant to N.J.A.C. 5:80-26.4:
1. 
In determining the initial rents and initial sales prices for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one and one-half person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four and one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
2. 
For assisted living facilities, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one and one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
3. 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(a) 
Provide an occupant for each unit bedroom;
(b) 
Provide children of different sex with separate bedrooms; and
(c) 
Prevent more than two persons from occupying a single bedroom.
[Ord. No. 2357-12 § 25-18.9]
Control periods for ownership units are pursuant to N.J.A.C. 5:80-26.5 and each restricted ownership unit shall remain subject to the requirements of this chapter until West Orange elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1 and prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1 for at least 30 years.
a. 
At the time of the first sale of the unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
b. 
All conveyances of restricted ownership units shall be made by deeds and restrictive covenants pursuant to N.J.A.C. 5:80-26.1.
c. 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
d. 
A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Municipal Building Inspector stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a).
[Ord. No. 2357-12 § 25-18.10]
Price restrictions for ownership units are pursuant to N.J.A.C. 5:80-26.1, including:
a. 
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent. The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.
b. 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
c. 
The master deeds of affordable developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers, although condominium units subject to a municipal ordinance adopted before October 1, 2001, which provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection shall have such fees and assessments governed by said ordinance.
d. 
The owners of ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom.
[Ord. No. 2357-12 § 25-18.11]
Buyer income eligibility for ownership units is pursuant to N.J.A.C. 5:80-26.1, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees as applicable) does not exceed 33% of the household's eligible monthly income.
[Ord. No. 2357-12 § 25-18.12]
Each restricted rental unit shall remain subject to the requirements of this section until West Orange elects to release the unit from such requirements, however, prior to such a municipal election, a restricted rental unit must remain subject to the requirements of this ordinance for a period of at least 30 years.
a. 
Deeds of all real property that include restricted rental units shall contain deed restriction language, the deed restriction shall have priority over all mortgages on the property and the deed restriction shall be filed by the developer or seller with the records office of the county and a copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a Certificate of Occupancy.
b. 
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
1. 
Sublease or assignment of the lease of the unit;
2. 
Sale or other voluntary transfer of the ownership of the unit; or
3. 
The entry and enforcement of any judgment of foreclosure.
[Ord. No. 2357-12 § 25-18.13]
The initial rent for a restricted rental unit shall be approved by the Administrative Agent and shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.
a. 
Rents may be increased annually based on the Housing Consumer Price Index for the United States, as published annually by COAH. Rents may not be increased more than once a year.
b. 
A written lease is required for all restricted rental units, except for units in an assisted living residence, and tenants are responsible for security deposits and the full amount of the rent as stated on the lease.
c. 
No additional fees or charges may be added to the approved rent (except, in the case of units in an assisted living residence, for the customary charges for food and services) without the express written approval of the Administrative Agent and application fees (including the charge for any credit check) may not exceed 5% of the monthly rental of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls in this section as applicable to the unit.
[Ord. No. 2357-12 § 25-18.14]
Pursuant to N.J.A.C. 5:80-26.13, tenant income eligibility shall be determined as follows:
a. 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income. Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income. Very-low-income rental units shall be reserved for households with a gross household income of 30% or less of median income.
b. 
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% 40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
1. 
The household currently pays more than 35% 40% for households eligible for age-restricted units) of its gross household income for rent and the proposed rent will reduce its housing costs;
2. 
The household has consistently paid more than 35% 40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
3. 
The household is currently in substandard or overcrowded living conditions;
4. 
The household documents the existence of assets, with which the household proposes to supplement the rent payments; or
5. 
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
c. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection b above with the Administrative Agent, who shall counsel the household on budgeting.
[Ord. No. 2357-12 § 25-18.15]
a. 
COAH requires West Orange to appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering its affordable housing program, including affordability controls and the Affirmative Marketing Plan, and, where applicable, supervising any Administrative Agent. West Orange adopted an ordinance creating the position of Municipal Housing Liaison. West Orange adopted a resolution on May 23, 2006 appointing a Municipal Housing Liaison. Subject to the approval of COAH, the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.
b. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for West Orange, including the following responsibilities which may not be contracted out, exclusive of Subsection 6 which may be contracted out:
1. 
Serving as West Orange's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
2. 
Monitoring the status of all restricted units in West Orange's Fair Share Plan;
3. 
Compiling, verifying, and submitting annual reports as required by COAH;
4. 
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;
5. 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
6. 
If applicable, serving as the Administrative Agent for some or all of the restricted units in West Orange.
West Orange will contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of West Orange, except for those responsibilities which may not be contracted out as described above. If West Orange will contract with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
[Ord. No. 2357-12 § 25-18.16]
The affordability controls set forth in this section shall be administered and enforced by the Administrative Agent. The primary responsibility of the Administrative Agent shall be to ensure that the restricted units under administration are sold or rented, as applicable, only to low- and moderate-income households.
a. 
The Administrative Agent shall create and shall publish in plain English, and in such other languages as may be appropriate to serving its client base, a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls, including procedures for long-term control of restricted units; for enforcing the covenants of N.J.A.C. 5:80-26.18 and for releasing restricted units promptly at the conclusion of applicable control periods. The Administrative Agent shall have authority to take all actions necessary and appropriate to carrying out its responsibilities hereunder. The operating manual shall have a separate and distinct chapter or section setting forth the process for identifying applicant households seeking certification to restricted units, for reviewing applicant household eligibility, and for certifying applicant households in accordance with the household certification and referral requirements set forth in N.J.A.C. 5:80-26.16.
b. 
The Administrative Agent shall establish and maintain a ready database of applicant households as a referral source for certifications to restricted units, and shall establish written procedures to ensure that selection among applicant households be via the database, and in accordance with a uniformly applied random selection process and all applicable State and Federal laws relating to the confidentiality of applicant records.
c. 
The municipality in which restricted units are located shall select one or more Administrative Agents for those units. A municipality itself (through a designated municipal employee, department, board, agency or committee) may elect to serve as the Administrative Agent for some or all restricted units in the municipality, or the municipality may select HAS or an experienced private entity approved by the Division, the Agency or COAH to serve as Administrative Agent for some or all restricted units in the municipality. The foregoing approval by COAH or the Division is to be based on the private entity's demonstration of the ability to provide a continuing administrative responsibility for the length of the control period for the restricted units.
d. 
The Administrative Agent shall have the authority to discharge and release any or all instruments, as set forth in this section, filed of record to establish affordability controls.
[Ord. No. 2357-12 § 25-18.17]
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH Housing Region in which the municipality is located and covers the period of deed restriction.
a. 
The Administrative Agent shall assure the affirmative marketing of affordable units.
b. 
If the municipality does not designate a municipal staff person, it shall contract with other experienced Administrative Agents approved by COAH to administer the affirmative marketing plan. Where a municipality contracts with another Administrative Agent to administer the affirmative marketing plan, the municipality shall appoint a Municipal Housing Liaison who shall supervise the contracting Administrative Agent. In addition, where the contracting Administrative Agent is not responsible for the entire affirmative marketing plan, the municipality shall outline who or what municipal agent is responsible for the remaining portion of the affirmative marketing plan. The municipality has the ultimate responsibility for the proper administration of the affirmative marketing program, including initial sales and rentals and resales and rerentals.
c. 
In implementing the affirmative marketing plan, Administrative Agents shall designate an experienced staff person approved by COAH to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
d. 
The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of housing. In developing the plan, the Administrative Agent shall consider the use of language translations.
e. 
The affirmative marketing process for available affordable units shall begin at least four months prior to expected occupancy.
f. 
Applications for affordable housing shall be available in several locations, including, at a minimum, the county administrative building and/or the county library for each county within the housing region; the municipal administrative building(s) and the municipal library in the municipality in which the units are located; and the developer's sales office. Applications shall be mailed to prospective applicants upon request.
g. 
COAH shall review and assess the effectiveness of West Orange's affirmative marketing program.
[Ord. No. 2357-12 § 25-18.18]
No household may be referred to a restricted unit, or may receive a commitment with respect to a restricted unit, unless that household has received a signed and dated certification and has executed a certificate.
a. 
The sources of income considered by the Administrative Agent shall be the types of regular income reported to the Internal Revenue Service and which can be used for mortgage loan approval.
b. 
If the applicant household owns a primary residence with no mortgage on the property valued at or above the regional asset limit as published annually by COAH, a certificate of eligibility shall be denied unless the applicant's existing monthly housing costs exceed 38% of the household's eligible monthly income.
c. 
The Administrative Agent shall employ a random selection process when referring households for certification to affordable units.
[Ord. No. 2357-12 § 25-18.19]
By submitting to the jurisdiction of COAH, a municipality shall be deemed to have delegated to its Administrative Agent the day-to-day responsibility for implementing practices and procedures designed to ensure effective compliance with the controls set forth in this section. The municipality, however, shall retain the ultimate responsibility for ensuring effective compliance with this section.
a. 
Administrative Agent practices and procedures shall include, but shall not necessarily be limited to, the following:
1. 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent.
2. 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates.
3. 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made.
4. 
If the unit is owner-occupied, that the unit may be resold only to a household that has been approved in advance and in writing by the Administrative Agent.
5. 
That no sale of the unit shall be lawful, unless approved in advance and in writing by the Administrative Agent, and that no sale shall be for a consideration greater than regulated maximum permitted resale price, as determined by the Administrative Agent.
6. 
That no refinancing, equity loan, secured letter of credit, or any other mortgage obligation or other debt secured by the unit may be incurred except as approved in advance and in writing by the Administrative Agent, and that at no time will the Administrative Agent approve any debt, if incurring the debt would make the total of all such debt exceed 95% of the then applicable maximum permitted resale price.
7. 
That the owner of the unit shall at all times maintain the unit as his or her principal place of residence, which shall be defined as residing at the unit at least 260 days out of each calendar year.
8. 
That, except as set forth in N.J.A.C. 5:80-26.18(c)4vii, at no time shall the owner of the unit lease or rent the unit to any person or persons, except on a short-term hardship basis, as approved in advance and in writing by the Administrative Agent.
9. 
That the maximum permitted rent chargeable to affordable tenants is as stated in the notice required to be posted in accordance with N.J.A.C. 5:80-26.18(d)3, a copy of which shall be enclosed, and that copies of all leases for affordable rental units must be submitted annually to the Administrative Agent.
10. 
No individual or owner shall permit any bank or other lending institution from issuing any loan secured by the real property subject to the affordability controls set forth in this section, if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the County in which the property is located.
[Ord. No. 2357-12 § 25-18.20]
Appeals from all decisions of an Administrative Agent appointed pursuant to this section shall be filed in writing with the Executive Director of COAH.
[Ord. No. 2357-12 § 25-18.21]
a. 
Definition.
ACCESSORY APARTMENT
Shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
b. 
Conditions for Accessory Apartments as Conditionally Permitted Uses.
1. 
Conditions: Accessory apartments shall meet the following conditions:
(a) 
The application submitted to the Construction Office shall include the following:
(1) 
Name and address of owner.
(2) 
Name, address, date of birth, income verification of the proposed occupant of the accessory unit (if known).
(3) 
Floor plan of sketch
(4) 
Current property survey.
(b) 
Accessory apartments shall be allowed in all residential zones.
(c) 
The minimum lot size and dimensional requirements shall be in accordance with the zone in which the property is located for accessory apartments constructed in new dwellings.
(d) 
Accessory apartments may be created within existing single-family residences or accessory buildings, provided there is no expansion of the existing structure's exterior outline.
(e) 
There shall be no more than one accessory apartment per single-family dwelling on each lot.
(f) 
The structures shall be in full compliance with all applicable health and construction codes.
(g) 
Construction of accessory apartments shall be in full compliance with all applicable environmental regulations including West Orange Township's Stormwater Management Ordinance.
(h) 
Each accessory apartment shall be no larger than 850 square feet. It may not occupy more than 35% of the total square footage of the house.
(i) 
Each accessory apartment shall have a minimum of two rooms and provide living, sleeping, cooking and bathroom facilities. Direct access to the outside or a hall with direct access to the outside shall be provided. The access door shall not alter the character of the exterior facade of the house.
(j) 
The occupant shall meet the established income limitations of the low- or moderate-income guidelines for West Orange.
(k) 
The owner shall submit an affidavit of continuing use every two years to the West Orange Township Clerk.
(l) 
Parking shall be consistent with the parking requirements of West Orange.
(m) 
West Orange acknowledges the need to provide its fair share of housing for low- and moderate-income households.
Any property owner applying for an accessory apartment under this section shall affirmatively demonstrate that the accessory apartment is to be rented to and occupied by households meeting COAH's affordable housing criteria.
(n) 
Accessory apartment rents shall be consistent with COAH rules.
(o) 
Ten year affordability controls shall be imposed via a deed restriction or other instrument acceptable to the Township Attorney and COAH.
(p) 
In the event that the accessory apartment is located in a structure which is detached from the primary residence, the property owner shall explicitly affirm via deed restriction that the property may not be further subdivided to separate the accessory apartment and any associated land as a new building lot unless such subdivision can be accomplished in full accordance with West Orange Township's density requirements, minimum setbacks, dimensional requirements, and all other applicable subdivision constraints.
(q) 
The property owner shall demonstrate that required deed restrictions are properly filed with the Essex County Clerk's Office prior to issuance of zoning or building permits.
(r) 
If, following completion of the ten-year affordability controls period, an accessory apartment constructed in accordance with this section of the West Orange Township Zoning Regulations is no longer subject to COAH requirements or restrictions, the apartment shall be considered a permitted conditional use subject to the remaining conditions established within this ordinance section.
(s) 
Accessory apartments shall be affirmatively marketed with random selection of the occupants.
[Ord. No. 2357-12 § 25-18.22]
a. 
Purpose.
1. 
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.
2. 
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 nonresidential development.
3. 
This subsection 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 through 38. Fees collected pursuant to this subsection shall be used for the sole purpose of providing low- and moderate-income housing. This subsection shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
b. 
Basic Requirements.
1. 
This subsection shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
2. 
The Township of West Orange 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.
c. 
Definitions. The following terms, as used in this subsection, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
Shall mean 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
Shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
d. 
Residential Development Fees.
1. 
Imposed Fees.
(a) 
Within all residential district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1 1/2% of the equalized assessed value for residential development provided no increased density is permitted.
(b) 
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% 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.
2. 
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
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.
(c) 
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.
e. 
Nonresidential Development Fees.
1. 
Imposed Fees.
(a) 
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.
(b) 
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.
(c) 
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.
2. 
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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 nonresidential development fee, in that event, within three years after that event or after the issuance of the final Certificate of Occupancy of the nonresidential development, whichever is later.
(e) 
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 subsection within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township of West Orange as a lien against the real property of the owner.
f. 
Collection Procedures.
1. 
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.
2. 
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 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.
3. 
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.
4. 
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.
5. 
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.
6. 
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.
7. 
Should the Township of West Orange 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).
8. 
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.
9. 
Appeal of Development Fees.
(a) 
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 Township of West Orange. 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.
(b) 
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 Township of West Orange. 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.
g. 
Affordable Housing Trust Fund.
1. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
2. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Township of West Orange's affordable housing program.
3. 
Within seven days from the opening of the trust fund account, the Township of West Orange 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).
4. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
h. 
Use of Funds.
1. 
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 Township of West Orange'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.
2. 
Funds shall not be expended to reimburse the Township of West Orange for past housing activities.
3. 
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. 1/3 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.
(a) 
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.
(b) 
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. The use of development fees in this manner shall entitle the Township of West Orange to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c) 
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.
4. 
Township of West Orange 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.
5. 
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.
i. 
Monitoring. The Township of West Orange 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 Township of West Orange'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.
j. 
Ongoing Collection of Fees. The ability for the Township of West Orange to impose, collect and expend development fees shall expire with its substantive certification unless the Township of West Orange 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 the Township of West Orange 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). The Township of West Orange 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 the Township of West Orange retroactively impose a development fee on such a development. The Township of West Orange shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[Ord. No. 2357-12 § 25-24.1]
a. 
The following shall be deemed lawful nonconforming uses.
1. 
Any lawful building or structure, or the lawful use of any lot or land which existed on January 25, 1978, and which at that time did not comply with regulations of this chapter or any amendments thereto.
2. 
All variances granted pursuant to this chapter.
b. 
The following shall be deemed conforming:
1. 
Any building or structure, or the use of any lot or land which complies with the regulations of this chapter or any amendments.
2. 
All conditional uses granted pursuant to this chapter or pursuant to a previous zoning ordinance.
c. 
No unlawful structure or use of a structure, lot or land that existed on January 25, 1978, shall be deemed to be a lawful nonconforming structure or use.
d. 
Any nonconforming use or structure existing at adoption of this chapter may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of destruction of not more than 50% of the total value of the structure.
e. 
A nonconforming use shall not be enlarged or extended. A nonconforming use shall be changed only to a conforming use.
f. 
A nonconforming use shall be deemed to have been abandoned:
1. 
When it is changed to a conforming use.
2. 
When it has been voluntarily discontinued for a period of 12 consecutive months. Any nonconforming use that has been abandoned shall not thereafter be reinstated.
g. 
In any residential district, notwithstanding any stipulations of district regulations governing minimum required lot area, lot width and lot area per unit, a one family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership on September 7, 1977.
h. 
(Reserved)
i. 
Prior to the issuance of a building permit or certificate of occupancy for any permitted or nonconforming use the applicant shall apply for site plan approval to the board having the proper jurisdiction. Any one or two family dwellings located in a residential district which do not require any bulk variances shall be exempt.
[Ord. No. 2357-12 § 25-24.2]
a. 
General Requirements. Pursuant to the provisions of the Municipal Land Use Law, the Planning Board shall have the power to grant conditional uses on particular sites, according to the definite specifications and standards set forth in Subsection 25-24.2b. Such use shall be one which is specifically authorized as a conditional use by the Table of District Regulations, for the location in the district within which such particular site is located.
b. 
Specific Requirements. Subject to the stipulations, guiding principles and conditions contained in this section, the Planning Board shall have the power to grant conditional uses authorized by the Table of District Regulations, in specified districts, as follows:
1. 
In districts where only residential uses are authorized except as noted.
(a) 
Public Utility Buildings and Structures/Telephone Exchanges.
(1) 
The minimum front yard shall be 50 feet.
(2) 
The minimum side yards shall be 25 feet and 25 feet.
(3) 
The minimum rear yard shall be 50 feet.
(4) 
There shall be a twenty-five-foot wide buffer adjacent to all residential property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.
(5) 
All structures shall be designed to be complementary to, or sufficiently screened from, a residential neighborhood.
(b) 
Additional Off-Street Parking. In R-5, R-6, R-T, R-G and R-M Districts, additional off-street parking shall be permitted upon approval of the same as a conditional use by the Planning Board. Such conditional use shall have all existing front, rear and side yard requirements of the district in which it is located applied to it. All abutting residential property shall be screened by a fence of solid wood or masonry, or a combination thereof, and backed with maintained evergreen planting. The front yards shall be screened with evergreen plantings or hedges. Parking shall be prohibited within all required front, rear and side yard setbacks.
(c) 
Private Club.
(1) 
Parking lot entrances and exits shall be clearly visible from the public street and shall not be located within 75 feet of a street intersection.
(2) 
There shall be a twenty-five-foot wide buffer adjacent to all residential property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.
(3) 
All structures shall be designed to be complementary to a residential neighborhood.
(4) 
A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary.
(d) 
Public/Private Schools. In any residential district, except an R-M District, a public or private school subject to approval by the Planning Board with respect to the location of such facility in relation to the present and anticipated needs of the Township and to the Master Plan or any portion thereof which has been adopted by the Planning Board, and further subject to the following conditions:
(1) 
The minimum lot area shall be five acres.
(2) 
All buildings and outdoor recreation facilities shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least 75 feet from any property line.
(3) 
There shall be a fifty-foot wide buffer adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.
(4) 
The required setbacks and buffers for outdoor recreation facilities that are lighted for evening use shall be increased by 100% over the above requirements. The use of outdoor recreation facilities shall not be permitted after 11:00 p.m.
(5) 
A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary.
(e) 
Hotels and Restaurants. In any R-5 District, a hotel on a land area of 10 acres or more in extent, and located on a County road, provided that such use shall be approved by the Department of Health and Welfare. In addition such use shall be subject to conditions and safeguards imposed by the Planning Board including but not limited to:
(1) 
The location and adequacy of entrances and exits for vehicular traffic and the safety of customers and guests.
(2) 
Adequate buffers including a landscaped buffer of 150 feet around the sides and rear of the property line.
(3) 
A maximum building coverage of 20%.
(4) 
A maximum of 40% impervious surface coverage.
(5) 
If any adjoining lot is in a residential district there must be a 350-foot rear and side yard set- back to any hotel or restaurant or accessory use or structure.
(f) 
Banquet and Conference Center. A development consisting of a banquet and dining facility, conference center and guest rooms for overnight accommodations in one or more buildings shall be permitted in the R-4 District as a conditional use subject to the following requirements:
(1) 
The minimum lot size shall be 25 acres and the minimum lot depth shall be 1,500 feet.
(2) 
The property shall have frontage on a County road.
(3) 
The maximum building ground coverage shall be 10% and the maximum lot coverage shall be 25%. In no case shall the gross floor area of all buildings exceed 136,000 square feet.
(4) 
The maximum building height shall be the same as for the R-4 District except that existing buildings shall be exempt from this requirement.
(5) 
The total number of guest rooms for overnight accommodations shall not exceed 50 rooms.
(6) 
All principal buildings shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and new accessory buildings shall be set back at least 50 feet from any property line.
(7) 
There shall be a fifty-foot wide buffer adjacent to all property lines which shall consist of natural vegetation and, if required by the Planning Board, new vegetation to supplement existing vegetation. Roadways, driveways and existing structures shall be permitted within such buffer areas provided they are designed to minimize disruption of such areas, except that a seventy-five-foot wide buffer shall be required adjacent to any existing multifamily development and no roadways, driveways or structures shall be allowed in the seventy-five-foot wide buffer area.
(8) 
The minimum number of parking spaces shall be in accordance with Subsection 25-12.2 with guest rooms being considered hotel rooms for the purpose of determining required parking spaces except that the total amount of required parking may be reduced where the applicant demonstrates to the satisfaction of the approving authority that the parking demands for the different permitted uses are not additive and that the shared parking provided is reasonable and accommodates the anticipated demand.
(9) 
Permitted accessory uses on the same lot shall include those normally incident and subordinate to permitted principal uses and shall include retail sales, recreation, dining, personal services, a gatehouse, existing single-family dwellings for employees and one new resident manager's dwelling associated with the principal use or uses.
(g) 
Nursing Home/Long-Term Care Residential Healthcare Facility. In an R-T, R-G, R-M, OB-1 and OB-2 District, a nursing home or long-term care residential healthcare facility shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions:
(1) 
Lot Area. The minimum lot area shall be five acres.
(2) 
Lot Width. The lot width at both the street line and the building setback line shall be not less 350 feet.
(3) 
Front Yard. There shall be a front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front yard.
(4) 
Side Front Yard. There shall be a side front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front side yard.
(5) 
Side Yards. There shall be two side yards, each with a 150-foot buffer of natural vegetation or landscaping.
(6) 
Rear Yard. There shall be a rear yard of not less than 150 feet of natural vegetation or landscaping. The off-street parking of motor vehicles as required may be permitted in the rear yard, except not within the required 150-foot buffer area.
(7) 
Building Height. The building height shall not be more than 35 feet and 2 1/2 stories.
(8) 
Building Coverage. The building coverage shall not exceed 25%.
(9) 
Lot Coverage. The lot coverage shall not exceed 35%
(10) 
Street Frontage. The site must have 350 feet of street frontage.
(11) 
Storage of Vehicles. No resident shall be permitted to store or park a motor vehicle(s) at the facility, either permanently or temporarily, unless the motor vehicle(s) is used on a regular basis to conduct the normal daily affairs of that resident.
(h) 
Assisted Living/Congregate Care. In an R-G, R-M, OB-1, OB-2, R-C and PURD District, an assisted living or congregate care facility shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions:
(1) 
Lot Area. The minimum lot area shall be five acres.
(2) 
Lot Width. The lot width at both the street line and the building setback line shall be not less than 350 feet.
(3) 
Front Yard. There shall be a front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front yard.
(4) 
Side Front Yard. There shall be a side front yard of not less than 150 feet of natural vegetation or landscaping. No parking of motor vehicles shall be permitted in the front side yard.
(5) 
Side Yards. There shall be two side yards, each with a 150-foot buffer of natural vegetation or landscaping.
(6) 
Rear Yard. There shall be a rear yard of not less than 150 feet of natural vegetation or landscaping. The off-street parking or motor vehicles as required may be permitted in the rear yard, except not within the required 150-foot buffer area.
(7) 
Building Height. The building height shall not be more than 35 feet and 2 1/2 stories.
(8) 
Building Coverage. The building coverage shall not exceed 25%.
(9) 
Lot Coverage. The lot coverage shall not exceed 35%.
(10) 
Storage of Vehicles. No resident shall be permitted to store or park a motor vehicle(s) at the facility, either permanently or temporarily, unless the motor vehicle(s) is used on a regular basis to conduct the normal daily affairs of that resident.
(11) 
Street Frontage. The site must have 350 feet of street frontage.
(i) 
Commercial Recreation.
(1) 
All buildings and outdoor recreation facilities shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least 75 feet from any property line.
(2) 
There shall be a fifty-foot wide buffer adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.
(3) 
The required setbacks and buffers for outdoor recreation facilities that are lighted for evening use shall be increased by 100% over the above requirements. The use of outdoor recreation facilities shall not be permitted after 11:00 p.m.
(4) 
A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary.
(j) 
House of Worship.
(1) 
All houses of worship and their accessory uses shall be set back at least 125 feet from any property line and all parking areas, parking access aisles and accessory buildings shall be set back at least 75 feet from any property line.
(2) 
There shall be a fifty-foot wide buffer strip adjacent to all property lines, within the required setback, which shall consist of natural vegetation and, if required by the Planning Board or Board of Adjustment, new vegetation to supplement the existing vegetation.
(3) 
A landscape plan, which provides substantial buffering of the parking area, must be approved by the Planning Board or Board of Adjustment and kept on file in the Department of Planning and Development. All plantings shall be maintained in perpetuity and all plants must be replaced in kind when necessary.
(4) 
Ingress and egress to the property shall be clearly marked and shall not be located within 75 feet of a street intersection.
(5) 
Parking requirements must be considered for the use for religious services as well as for accessory uses such as parochial schools. When calculating the parking requirements, the requirements for each use or building shall be aggregated.
(6) 
Parking for the house of worship shall be on the same lot as the main structure.
(k) 
Townhouse Residential Cluster Development. A townhouse residential cluster development shall be permitted in the R-3 District as a conditional use in order to provide flexibility in residential unit type and design, to encourage preservation of open space, to facilitate land development activities that respect site constraints and sensitive environmental features, and to provide opportunity for development of appropriate recreational facilities and other public uses. A townhouse residential cluster development shall be developed as a single entity, although it may be phased, and shall provide for an integrated development of townhouses, together with a substantial amount of open space and recreational facilities. A townhouse residential cluster development shall satisfy the following requirements:
(1) 
The tract shall have frontage on and access from a State roadway.
(2) 
The minimum tract size shall be 150 acres.
(3) 
The maximum gross density shall be 1.25 units per gross acre prior to any dedication of land as set forth in Subsection (12) below, and not exceed 250 total units.
(4) 
The maximum number of units in a townhouse structure shall be five.
(5) 
The minimum distance between townhouse structures shall be 75 feet rear to rear and 30 feet side to side.
(6) 
A townhouse structure shall be set back a minimum of 25 feet from any right-of-way line.
(7) 
The maximum height of any townhouse unit shall be 45 feet.
(8) 
The maximum number of stories shall be three.