Township of West Orange, NJ Chapter 25 Land Use Regulations

Article I General Development Regulations

§ 25-1 TITLE.

[Ord. No. 2357-12 § 25-1]

This chapter shall be known as "The Land Use Regulations of the Township of West Orange."

§ 25-2 PURPOSE AND INTENT.

§ 25-2.1 Purpose.

[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.

§ 25-2.2 Intent.

[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.

§ 25-3 ZONE DISTRICTS AND MAP.

§ 25-3.1 Zone Districts.

[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
Fourth amendment to the West Orange Downtown Redevelopment Plan [Added by Ord. No. 2656-21]
Organon Redevelopment Area
Valley Road Area (Harvard Press) Redevelopment Area
300 Executive Redevelopment Plan
Essex Green – Executive Drive Redevelopment Area [Added by Ord. No. 2573-19]
West Orange Library Redevelopment Area [Added by Ord. No. 2580-19]
Executive Drive – Rooney Circle Redevelopment Plan [Added by Ord. No. 2632-21]

§ 25-3.2 Zone Map and Table of District Regulations.

[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.

3. The Zoning District Map of the Township of West Orange is amended as follows:

[Added 9-22-2020 by Ord. No. 2617-20]

(a) Block 152.02, Lot 186: rezone from O-R to R-1.

(b) Block 169, Lots 19 and 19.01 and abutting right-of-way of Cedar Avenue: rezone from R-3 to R-1.

(c) Block 106, Lot 20.02: rezone from OB-2 to R-1.

(d) Block 89, Lots 1.01, 3, 4, 5, 6, 10, 12, 14, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 41.01: rezone from OB-1 to B-1.

(e) Block 171.03, Lot 17: rezone from R-4 to B-2.

(f) Block 155, Lot 40.04: rezone from P-C to B-2.

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.

§ 25-4 DEFINITIONS.

[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.

CANNABIS RETAILER

Means any licensed person or entity who holds a Class 5 Cannabis Retailer license from the Commission or the State of New Jersey that purchases cannabis from cannabis growers and cannabis items from cannabis processors or Cannabis Wholesalers and sells these to consumers from a retail store or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J. S. A. 24: 6I- 31, et. seq.

[Added 7-13-2021 by Ord. No. 2647-21]

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.

CRAFT DISTILLERY

A distillery operating with a craft distillery license as defined and regulated within N.J.S.A. 33:1-10.

[Added 9-22-2020 by Ord. No. 2617-20]

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.

LICENSED CANNABIS ENTITY

Shall mean either a Licensed Cannabis Establishment or a Licensed Medical Marijuana Facility as defined in this section.

[Added 7-13-2021 by Ord. No. 2647-21]

LICENSED CANNABIS ESTABLISHMENT

Shall mean a duly licensed Cannabis Cultivator, a Cannabis Manufacturer, a Cannabis Wholesaler, or a Cannabis Retailer as defined by and licensed under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.

[Added 7-13-2021 by Ord. No. 2647-21]

LICENSED MEDICAL MARIJUANA FACILITY

Shall mean a duly licensed Medical Cannabis Cultivator, a duly licensed Medical Cannabis Manufacturer, a duly licensed Cannabis Dispensary, or an Alternative Treatment Center as defined by and lawfully operating pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.

[Added 7-13-2021 by Ord. No. 2647-21]

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. LOT COVERAGE 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. LOT DEPTH 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. LOT FRONTAGE 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. LOT INTERIOR Shall mean a lot other than a corner lot.

5. LOT LINE 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. LOT WIDTH 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.

MEDICAL CANNABIS DISPENSARY

Means an organization issued a permit by the Commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from Medical Cannabis Cultivators; purchase or obtain medical cannabis products and related supplies from Medical Cannabis Manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other Medical Cannabis Dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver, and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers or as otherwise defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.

[Added 7-13-2021 by Ord. No. 2647-21]

MESSAGE

Shall mean the information promoted by a sign.

MICROBREWERY

A brewery operating with a limited brewery license as defined and regulated within N.J.S.A. 33:1-10.

[Added 9-22-2020 by Ord. No. 2617-20]

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.

MIXED-USE DEVELOPMENT

A building or buildings that includes one or more dwelling units above one or more nonresidential uses on the ground floor.

[Added 9-22-2020 by Ord. No. 2617-20]

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. BUSINESS OR VOCATIONAL SCHOOL 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. PRIVATE SCHOOL 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. PUBLIC SCHOOL 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. SIGN, AWNING OR CANOPY Shall mean a sign which is attached to or printed upon the farthest extended edge of the material.

2. SIGN, CHANGEABLE Shall mean a sign with the capability of content change by means of manual or remote input.

MANUALLY ACTIVATED CHANGEABLE SIGN Shall mean a changeable sign whose message copy or content can be changed manually on a display surface.

ELECTRICALLY ACTIVATED CHANGEABLE SIGN 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. SIGN, FACADE 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. SIGN, FREESTANDING OR PYLON 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. SIGN, MONUMENT Shall mean a sign for which the entire bottom is in contact with or is close to the ground.

6. SIGN, PERMANENT WINDOW 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. SIGN, SIDEWALK 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. SIGN, TEMPORARY Shall mean a sign erected for a limited period of time as required elsewhere in this chapter.

9. SIGN, TEMPORARY WINDOW 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. SIGN, WALL 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.

WINERY

A salesroom operated by the holder of a plenary winery license as defined and regulated within N.J.S.A. 33:1-10.

[Added 9-22-2020 by Ord. No. 2617-20]

YARD

Shall mean and include:

1. FRONT 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. REAR 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. SIDE 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. SIDE FRONT 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.

§ 25-5 through § 25-6. (RESERVED)

§ 25-7 GENERAL REGULATIONS AND PROVISIONS.

§ 25-7.1 Zoning District Regulations.

[Ord. No. 2357-12 § 25-7.1; amended 9-22-2020 by Ord. No. 2617-20]

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.

§ 25-8 SUPPLEMENTAL PROVISIONS FOR ALL DISTRICTS.

[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:

§ 25-8.1 Setbacks of Accessory Uses.

[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.

§ 25-8.2 Yard Encroachments.

[Ord. No. 2357-12 § 25-8.1; amended 9-22-2020 by Ord. No. 2617-20]

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.

f. A handicap accessibility ramp for a one-family or two-family dwelling, in accordance with § 25-9.12.

§ 25-8.3 Front Yards on Through Lots.

[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.

§ 25-8.4 Walls and Fences.

[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.

§ 25-8.5 Accessory Uses in Relation to Stream or Drainageways.

[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.

§ 25-8.6 Infrastructure Requirements.

[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.

§ 25-8.7 Commercial Antennas.

[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.

§ 25-8.8 Personal Communications Antenna.

[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.

§ 25-8.9 Other Antennas.

[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.

§ 25-8.10 Construction Trailers.

[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.

§ 25-8.11 Green Roofs.

[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.

§ 25-8.12 Principal Uses.

[Ord. No. 2357-12 § 25-8.12; amended 9-22-2020 by Ord. No. 2617-20]

There shall be no more than one principal use upon any single lot, except:

a. In B-1 and B-2 Districts, mixed-use developments shall be permitted as a conditional use in accordance with the requirements of § 25-24.2b2(m).

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 § 25-12.2a3.

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.

§ 25-8.13 As Built Drawings.

[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.

§ 25-8.14 Recycling Facilities.

[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.

§ 25-8.15 Utility Screening.

[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.

§ 25-8.16 Roofleaders, Downspouts and/or Other Storm Drainage Systems.

[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.

§ 25-9 SUPPLEMENTAL PROVISIONS FOR RESIDENTIAL DISTRICTS.

[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.

§ 25-9.1 Horticultural or Agricultural Buildings.

[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.

§ 25-9.2 Housing of Animals.

[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.

§ 25-9.3 Public Buildings.

[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.

§ 25-9.4 Underground Utility Lines.

[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.

§ 25-9.5 Garden Apartments.

[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.

§ 25-9.6 Offices in R-G District.

[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.

§ 25-9.7 Design of Buildings in Residential Districts R-1 Through R-T.

[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.

§ 25-9.8 Minimum Residential Floor Area.

[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.

§ 25-9.9 Home Occupations.

[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.

§ 25-9.10 Home Professional Office.

[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.

§ 25-9.11 Portable Storage Containers.

[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.

§ 25-9.12 Ramps for One-Family and Two-Family Dwellings.

[Added 9-22-2020 by Ord. No. 2617-20]

The installation of wheelchair or other handicap access ramps shall be permitted in accordance with the following conditions:

a. Handicap access ramps which are needed to facilitate access to dwellings in a residential zone in which a disabled person or persons reside are exempt from the setback requirements applicable to that zone.

b. Where a handicap access ramp has been constructed which does not meet the setback requirements otherwise applicable, the ramp may remain as long as the dwelling is occupied by a disabled person for whom the ramp will facilitate access. Access ramps shall be removed within 60 days from the date that the disabled person or persons no longer reside at the dwelling unless a variance is approved for the continuation of the access ramp.

c. A zoning permit shall be required for the construction of a handicap access ramp.

§ 25-10 SUPPLEMENTAL PROVISIONS FOR PLANNED DEVELOPMENT DISTRICTS.

§ 25-10.1 Objectives.

[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.

§ 25-10.2 Planned Residential Developments.

[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.

§ 25-11 SUPPLEMENTAL PROVISIONS FOR NONRESIDENTIAL DISTRICTS AND USES.

[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.

§ 25-11.1 Limitations on Machine Shops and Research Laboratories.

[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.

§ 25-11.2 Side Yards.

[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.

§ 25-11.3 Buffer Strips in All Nonresidential Districts and for Residential Developments of 10 Acres or Greater.

[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.

§ 25-11.4 Waste Disposal in P-C, O-R, or I District.

[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.

§ 25-11.5 Retail Sales in OB-1, OB-2 and PURD Districts.

[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.

§ 25-11.6 Open Space in OB-1 and OB-2 Districts.

[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.

§ 25-11.7 All Uses in the O-R 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.

§ 25-11.8 Roof Equipment.

[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.

§ 25-11.9 P-C District.

[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.

§ 25-11.10 Outdoor Cafes in the B-1, B-2 and PC Districts.

[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.

§ 25-11.11 Outdoor Sales.

[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.

§ 25-11.12 Outdoor Seasonal Sales.

[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.

§ 25-11.13 Massage, Bodywork or Somatic Therapy Establishments.

[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.

§ 25-11.14 Drive-up Windows.

[Added 9-22-2020 by Ord. No. 2617-20]

A drive-up window shall be permitted as an accessory use for banks, restaurants, fast food restaurants, pharmacies and similar retail uses in the zoning districts in which such uses are permitted and shall meet the following conditions:

a. Drive-up window stacking lanes shall be separate and distinct from parking lot aisles and driveways by means of defined separation including curbing, landscaping, striping so as to meet the required circulation aisle standards exclusive of the drive-through window lane.

b. Stacking lanes shall have sufficient length for a minimum of six vehicles in total for restaurants and fast food restaurants and three vehicles for banks and retail uses. Each lane shall have a minimum width of nine feet.

c. The entire length of the stacking lane or lanes shall be behind the front yard limit line and shall not block any parking space, aisle, driveway or loading area when the stacking lane is occupied with the maximum number of vehicles.

d. If multiple stacking lanes are provided for restaurant or fast food restaurant uses, they shall merge into one drive-up window lane prior to reaching any window or windows. Facilities with separate lanes served by separate windows or transaction portals shall be exempt from this requirement.

e. The drive-up window stacking lane may end after the last window and merge with the exit driveway of the property.

f. The drive-up window lane shall not be used as an exit driveway from the property.

g. The drive-up windows and stacking lane or lanes shall be designed to prevent uncontrolled conflicting movements between any on-site vehicles and pedestrian traffic and shall also be designed to allow safe ingress and egress from the site at all times.

h. One or more drive-up windows may be used for payment and/or pickup of product; said window or windows shall be an integral part of the principal building.

i. No drive-up windows shall be permitted in a required yard setback.

§ 25-12 PARKING AND LOADING SPACE REQUIREMENTS.

§ 25-12.1 General Provisions for Off-Street Parking.

[Ord. No. 2357-12 § 25-12.1; amended 9-22-2020 by Ord. No. 2617-20]

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 ensure 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 nonresidential 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 § 25-12.2a3.

n. The amount of parking area to be improved as required by § 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. Landscaped plans shall be submitted for detailed planting within the parking area. In parking areas with 30 or more parking spaces, there shall be a minimum of one tree plus ground level planting for each 10 parking stalls, which may be provided within and/or on the perimeter of the parking area. The maximum length of a single row of parking spaces shall be 20 spaces, at which point a landscaped area with a minimum width of eight feet shall be provided.

p. 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.

§ 25-12.2 Minimum Required Number of Parking Spaces.

[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.

[Amended 9-22-2020 by Ord. No. 2617-20]

1. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule II below, except for uses in the B-1 and B-2 Zones in the Central Business District which are regulated by § 25-12.2b5.

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, fitness center/health club	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 150 square feet of gross floor area
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 11th and 12th grade, plus 1 parking space for each 2 pupils over 18 years of age who are not in the 11th and 12th 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, fast food 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, whichever requirement is greater. 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, 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.

5. The following standards shall only apply to permitted nonresidential uses in the portions of the B-1 and B-2 Zones in the Central Business District:

(a) Restaurant or bar: one space for each four seats or stools.

(b) All other permitted nonresidential uses: no off-street parking spaces are required for the first 1,000 square feet of gross floor area of an individual use. One space shall be provided per 300 square feet of gross floor area above the first 1,000 square feet.

§ 25-12.3 Loading Spaces.

[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.

§ 25-12.4 Supplemental Parking and Loading Space Regulations.

[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.

§ 25-12.5 Nonapplicability to Existing Buildings and Uses.

[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.

§ 25-12.6 Electric Vehicle Supply/Service Equipment.

[Added 12-14-2021 by Ord. No. 2667-21]

a. Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:

1. Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.

2. Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

3. Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.

4. Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

b. Definitions. As used in this subsection:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

1. Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

2. Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

3. Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

Means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L.2019, c.362 (C.48:25-1 et al.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY-ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).

c. Approvals and Permits.

1. An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to C. 40:55D-70.

2. EVSE and Make-Ready Parking Spaces installed pursuant to paragraph d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph 1 above.

3. All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

4. The Zoning Official or her designee shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of the Township of West Orange's land use regulations.

5. An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to C. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

(a) The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b) All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c) The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.

6. An application pursuant to paragrpah 5 above shall be deemed complete if:

(a) The application, including the permit fee and all necessary documentation, is determined to be complete;

(b) A notice of incompleteness is not provided within 20 days after the filing of the application; or

(c) A one-time written correction notice is not issued by the Zoning Officer or her designee within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

7. EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

8. A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

d. Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

1. As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

(a) Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;

(b) Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and

(c) Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.

(d) Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

(e) Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

2. As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in 1. above shall:

(a) Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.

(b) Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.

(c) Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.

(d) Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e) Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f) In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g) Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

(h) Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.

e. Minimum Parking Requirements.

1. All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces.

2. A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

3. All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

4. Additional installation of EVSE and Make-Ready parking spaces above what is required in paragraph d above may be encouraged, but shall not be required in development projects.

f. Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

1. Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

2. Installation:

(a) Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b) Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c) To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d) Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

3. EVSE Parking:

(a) Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

(b) Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c) Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with paragraph 5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

(d) Private Parking. The use of EVSE shall be monitored by the property owner or designee.

4. Safety.

(a) Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph 5 below.

(b) Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of West Orange's ordinances and regulations.

(c) Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d) EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in e. below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e) Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f) Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g) Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of West Orange shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

5. Signs.

(a) Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b) All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c) Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with b. above.

(d) In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:

(1) Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

(2) Usage fees and parking fees, if applicable; and

(3) Contact information (telephone number) for reporting when the equipment is not operating or other problems.

6. Usage Fees.

(a) For publicly-accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be no fee subject to paragraph (b) below.

(b) This fee may be amended by a resolution adopted by the governing body.

(c) Private EVSE: Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 25-13 ENVIRONMENTAL IMPACT ANALYSIS.

§ 25-13.1 General Provisions.

[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.

§ 25-13.2 General Requirements.

[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.

§ 25-13.3 Applicability.

[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.

§ 25-13.4 Format.

[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.

§ 25-14 LIGHTING.

§ 25-14.1 General Standards.

[Added 9-22-2020 by Ord. No. 2617-20]

a. Purpose. Site lighting shall be designed to:

1. Provide adequate illumination in appropriate locations for site users and the general public for purposes of traffic and pedestrian safety, security, property and building identification, and aesthetic improvement;

2. Prevent excessive illumination and glare; and

3. Provide proper orientation and shielding of fixtures to prevent undue illumination of adjacent properties.

b. Shielding of fixtures. All lighting fixtures shall be directed downward and shall be equipped with the necessary shielding so as to prevent the direct source of light from being visible from any point beyond the property lines of the premises upon which the lighting structure is located.

c. Height of fixtures. Light poles shall not exceed a height of 18 feet above normal grade in the vicinity of the light fixture. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, excavating or curbing or retaining wall which alters the grade at the base of the light fixture from the grade in the general vicinity of the fixture.

d. Maximum illumination level at property line. The level of illumination at ground level shall not exceed 0.5 of a footcandle at the property line, nor 0.3 of a footcandle at any property line abutting a property used by or zoned for residential use.

e. Duration of illumination. Duration of operation of all lighting and maximum lumen power permitted shall be as determined satisfactory by the Planning Board or Zoning Board of Adjustment with due regard to whether any limitations imposed will deprive the applicant of a reasonable use of his property and whether the application will be detrimental to the public health and general welfare or to the property and personal rights of the abutting owners. Provision shall be made for the reduction in the intensity of illumination to the minimum needed for security purposes when the facility is not in operation.

f. Underground installation. All wiring for light fixtures shall be laid underground, and not strung between poles or buildings.

§ 25-14.2 Scope and Details of Site Lighting.

[Ord. No. 2357-12 § 25-14.1; amended 9-22-2020 by Ord. No. 2617-20]

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 25-14.3. 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.

§ 25-14.3 Minimum Levels of Illumination.

[Ord. No. 2357-12 § 25-14.2; amended 9-22-2020 by Ord. No. 2617-20]

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	6/0.06
I	4/0.4	11/1.0	6/0.06
Parking garage*	75/7.5	54
Circulation aisles	110/10
*Day conditions are listed; night conditions		54/5

Lux/Footcandles

The levels shown are measured in lux/footcandles. 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.

§ 25-15 SIGNS.

§ 25-15.1 Findings.

[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.

§ 25-15.2 General Signage Objectives.

[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.

§ 25-15.3 Allowed Signage.

[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)

(h) Businesses with drive-up windows shall be permitted signage in accordance with the regulations of Subsection 25-15.3g.

[Added 2-15-2022 by Ord. No. 2677-22]

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).

(h) Businesses with drive-up windows shall be permitted signage in accordance with the regulations of Subsection 25-15.3g.

[Added 2-15-2022 by Ord. No. 2677-22]

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.

g. Drive-up windows. Businesses with drive-up windows may display the following special signs which are deemed customary and necessary to their relative businesses, in addition to any other signs otherwise permitted:

[Added 2-15-2022 by Ord. No. 2677-22]

1. A maximum of two directional signs per drive-through lane, with a maximum sign area of three-square feet per sign and a maximum height above grade of four feet.

2. A maximum of two menu board signs per drive-through lane, with a maximum sign area of 24 square feet per sign and a maximum height above grade of seven feet. The portion of the sign showing pricing information shall be considered a permitted changeable copy sign.

3. One digital order board per drive-through lane, with a maximum sign area of three-square feet and a maximum height above grade of four feet. This sign shall be considered a permitted changeable copy sign.

4. One vehicle height clearance bar per drive-through lane.

§ 25-15.4 General Regulations.

[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.

§ 25-15.5 Permits.

[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.

§ 25-15.6 Nonconforming Signs.

[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.

§ 25-15.7 Design and Site Location Review.

[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.

§ 25-15.8 Exceptions.

[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.

§ 25-15A PROHIBITION OF CERTAIN ADVERTISING ON REAL PROPERTY WITHOUT OWNER'S PERMISSION.

§ 25-15A.1 Prohibited Advertisements.

[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.

§ 25-15A.2 Removal of Prohibited Advertisements.

[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.

§ 25-15A.3 Advertisement Removal Fund.

[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.

§ 25-16 FACADE DESIGN STANDARDS.

§ 25-16.1 Statement of Purpose.

[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.

§ 25-16.2 Identity.

[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.

§ 25-16.3 Cooperative Spirit.

[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.

§ 25-16.4 Aesthetics.

[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.

§ 25-16.5 Usage of Standards.

[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.

§ 25-16.6 Rehabilitation and New Construction.

[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.

§ 25-16.7 Design Criteria.

[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.

§ 25-16.8 Historic Respect.

[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.

§ 25-16.9 Contrast.

[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.

§ 25-16.10 Exterior-Interior Relationship.

[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.

§ 25-16.11 Preferred Materials and Finishes.

[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.

§ 25-16.12 Inappropriate 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

§ 25-16.13 Appropriate Materials.

[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.

§ 25-16.14 Inappropriate Finishes.

[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.

§ 25-16.15 Appropriate Finishes.

[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.

§ 25-16.16 General Rules.

[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.

§ 25-16.17 Applicability of Standards Throughout the Township.

[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.

§ 25-16.18 Security Enclosures.

[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.

§ 25-17 MISCELLANEOUS DESIGN STANDARDS AND SUBDIVISION CONTROLS.

[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.

§ 25-18 AFFORDABLE HOUSING; LOW/MODERATE HOUSING PROVISIONS.

§ 25-18.1 Purpose and Applicability.

[Ord. No. 2357-12 § 25-18.1; amended 10-10-2020 by Ord. No. 2619-20]

The purpose of this section is to include provisions addressing the Township of West Orange's constitutional obligation to provide for its fair share of low- and moderate-income housing, as directed by the Supreme Court and consistent with N.J.A.C. 5:93-1 et seq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985. This chapter is intended to assure compliance with the regulations of the Council on Affordable Housing ("COAH") set forth at N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., including provisions for unit affordability controls as well as eligibility for low- and moderate-income households. This chapter shall apply except where inconsistent with applicable law.

§ 25-18.2 Definitions.

[Ord. No. 2357-12 § 25-18.2; amended 10-10-2020 by Ord. No. 2619-20]

As used in this section, the following terms shall have the meanings indicated:

95/5 UNIT

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.

ACCESSORY APARTMENT

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.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity designated by the Township to administer affordable units in accordance with this chapter, the regulations of the Council on Affordable Housing set forth at N.J.A.C. 5:93 et seq., and the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26 et seq.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

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

A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4, and, 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, as may be amended and supplemented, 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, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

A housing development all or a portion of which consists of restricted units.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Fair Housing Act and approved for crediting by the court and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons," as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

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.

ALTERNATIVE LIVING ARRANGEMENT

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D, and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

ASSISTED LIVING RESIDENCE

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.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH or THE COUNCIL

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.).

CONVERSION

The conversion of existing commercial, industrial or residential structures for low- and moderate-income housing purposes.

COURT

The Superior Court of New Jersey, Law Division, Essex County.

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use 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 N.J.S.A. 40:55D-1 et seq.

FAIR SHARE PLAN

The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.

FAIR SHARE ROUND

Any one of three periods in time during which the Council established municipal obligations to provide affordable housing; the first round was from 1987-1993, the second period was from 1993-1997, and the third is for 1999-2018.

HAS

The Housing Affordability Service, formerly known as the "Affordable Housing Management Service," at the New Jersey Housing and Mortgage Finance Agency.

HOUSING ELEMENT

The portion of the Township's Master Plan, required by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market-rate units. This term includes, but is not limited to: new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MEDIAN INCOME

The median income by household size for an applicable county, as adopted annually by COAH or a successor entity approved by the Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MONI

The Agency's Market Oriented Neighborhood Investment Program, as it may be authorized from time to time by the Agency.

NON-EXEMPT SALE

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

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

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.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

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

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.

TOWNSHIP

The Township of West Orange in Essex County, New Jersey.

UHAC

The Uniform Housing Affordability Controls, as set forth in N.J.A.C. 5:80-26 et seq.

UHORP

The Agency's Urban Homeownership Recovery Program.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.

§ 25-18.3 Affordable Housing Program.

[Ord. No. 2357-12 § 25-18.3; amended 10-10-2020 by Ord. No. 2619-20]

The following general guidelines apply to all developments that contain low- and moderate-income units, and any future developments that may occur.

§ 25-18.4 Rehabilitation.

[Ord. No. 2357-12 § 25-18.4; Ord. No. 2250-09 § V; amended 10-10-2020 by Ord. No. 2619-20]

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.

§ 25-18.5 Phasing Schedule for Zoning.

[Ord. No. 2357-12 § 25-18.5; amended 10-10-2020 by Ord. No. 2619-20]

a. West Orange has adopted redevelopment plans that include affordable housing.

b. 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.

c. In inclusionary zones, the following schedule shall be followed:

Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units
25%	0%
25% + 1 unit	10%
50%	50%
75%	75%
90%	100%

§ 25-18.6 New Construction.

[Ord. No. 2357-12 § 25-18.6; amended 10-10-2020 by Ord. No. 2619-20]

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 units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

2. At least 13% of all restricted rental units within each bedroom distribution shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.

3. At least 25% of the obligation shall be met through rental units, including at least half in rental units available to families.

4. A maximum of 25% of the Township's obligation may be met with age-restricted units. At least half of all affordable units in the Township's Plan shall be available to families.

5. In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units including that 13% shall be very-low-income.

6. 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 among two- and three-bedroom units 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. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

b. Accessibility Requirements.

1. The first floor of all restricted townhouse dwelling units and all restricted units in other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

2. All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

(a) An adaptable toilet and bathing facility on the first floor; and

(b) An adaptable kitchen on the first floor; and

(c) An interior accessible route of travel on the first floor; and

(d) 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

(e) If not all of the foregoing requirements in Subsection b2(a) through (d) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection b2(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and

(f) 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:

(1) 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;

(2) 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;

(3) The funds under Subsection b2 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;

(4) 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;

(5) 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; and

(6) 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. In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and by the Superior Court.

2. The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.

3. 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 rental units shall be affordable to very-low-income households, earning 30% or less of the regional median household income, with such very-low-income units counted toward the low-income housing requirement.

4. 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; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.

5. In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:

(a) A studio unit 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.

6. In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, 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; and

(c) A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

7. The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost 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 the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

8. The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant-paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

9. The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

10. The rent of low- and moderate-income units may be increased annually based on the permitted percentage increase in the Regional Income Limits chart. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

§ 25-18.7 Utilities.

[Ord. No. 2357-12 § 25-18.7; amended 10-10-2020 by Ord. No. 2619-20]

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.

§ 25-18.8 Occupancy Standards.

[Ord. No. 2357-12 § 25-18.8; amended 10-10-2020 by Ord. No. 2619-20]

a. In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:

1. Provide an occupant for each bedroom;

2. Provide children of different sexes with separate bedrooms;

3. Provide separate bedrooms for parents and children; and

4. Prevent more than two persons from occupying a single bedroom.

§ 25-18.9 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.

[Ord. No. 2357-12 § 25-18.9; amended 10-10-2020 by Ord. No. 2619-20]

Control periods for restricted 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 ordinance for a period of at least 30 years and thereafter until West Orange takes action by ordinance to release the unit from such requirements. Prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1.

a. The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

b. Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.

c. At the time of the first sale of the unit, the initial 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.

d. All conveyances of restricted ownership units shall be made by deeds and restrictive covenants pursuant to N.J.A.C. 5:80-26.1.

e. 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.

f. 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).

§ 25-18.10 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees, and Resale Prices.

[Ord. No. 2357-12 § 25-18.10; amended 10-10-2020 by Ord. No. 2619-20]

Price restrictions for restricted 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.

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.

d. The owners of restricted 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.

§ 25-18.11 Buyer Income Eligibility.

[Ord. No. 2357-12 § 25-18.11; amended 10-10-2020 by Ord. No. 2619-20]

a. 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.

b. Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Township Council, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.

c. A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.

d. 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.

§ 25-18.12 Limitations on Indebtedness Secured by Ownership Unit; Subordination.

[Ord. No. 2357-12 § 25-18.12; amended 10-10-2020 by Ord. No. 2619-20]

a. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.

b. With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

§ 25-18.13 Capital Improvements to Ownership Unit.

[Ord. No. 2357-12 § 25-18.13; amended 10-10-2020 by Ord. No. 2619-20]

a. The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.

b. Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.

§ 25-18.14 Control Period for Restricted Rental Units.

[Ord. No. 2357-12 § 25-18.14; amended 10-10-2020 by Ord. No. 2619-20]

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years and thereafter until West Orange takes action by ordinance 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 N.J.A.C. 5:80-26.11. For new projects receiving 9% low-income housing tax credits, a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period shall be required.

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. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction.

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 on the property containing the unit.

§ 25-18.15 Rent Restrictions for Rental Units; Leases.

[Ord. No. 2357-12 § 25-18.15; amended 10-10-2020 by Ord. No. 2619-20]

a. A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

b. No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

c. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this chapter.

d. No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this chapter.

§ 25-18.16 Tenant Income Eligibility.

[Ord. No. 2357-12 § 25-18.16; amended 10-10-2020 by Ord. No. 2619-20]

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 reliable anticipated 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.

§ 25-18.17 Municipal Housing Liaison.

[Ord. No. 2357-12 § 25-18.17; amended 10-10-2020 by Ord. No. 2619-20]

a. The Court 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. 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 b6 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;

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;

6. If applicable, serving as the administrative agent for some or all of the restricted units in West Orange.

c. 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.

§ 25-18.18 Administrative Agent for West Orange's Affordable Housing Units.

[Ord. No. 2357-12 § 25-18.18; amended 10-10-2020 by Ord. No. 2619-20]

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, 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 Court to serve as administrative agent for some or all restricted units in the municipality. The foregoing approval by the Court 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.

§ 25-18.19 Affirmative Marketing.

[Ord. No. 2357-12 § 25-18.19; amended 10-10-2020 by Ord. No. 2619-20]

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 the Court 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 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. The Court shall review and assess the effectiveness of West Orange's affirmative marketing program.

§ 25-18.20 Household Certification and Referral; Related Project Information.

[Ord. No. 2357-12 § 25-18.20; amended 10-10-2020 by Ord. No. 2619-20]

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, 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.

§ 25-18.21 Enforcement of Affordable Housing Regulations.

[Ord. No. 2357-12 § 25-18.21; amended 10-10-2020 by Ord. No. 2619-20]

By submitting to the jurisdiction of the Court, 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.

§ 25-18.22 Appeals.

[Ord. No. 2357-12 § 25-18.22; amended 10-10-2020 by Ord. No. 2619-20]

Appeals from all decisions of an administrative agent appointed pursuant to this ordinance shall be filed in writing with the Court.

§ 25-18.23 Reporting Requirements.

[Added 10-10-2020 by Ord. No. 2619-20]

a. Trust Fund Activity. On the first anniversary of the entry of the order granting West Orange a final judgment of compliance and repose in In re Township of West Orange Compliance with Mount Laurel Third Round Affordable Housing Obligation, and every anniversary thereafter through the end of the repose period, the Township shall provide annual reporting of its affordable housing trust fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing or Division of Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Division of Local Government Services. The reporting shall include an accounting of all affordable housing trust fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.

b. Affordable Housing Activity. On the first anniversary of the entry of the order granting West Orange a final judgment of compliance and repose in In re Township of West Orange Compliance with Mount Laurel Third Round Affordable Housing Obligation, and every anniversary thereafter through the end of the repose period, the Township shall provide annual reporting of the status of all affordable housing activity within the Township through posting on the municipal website, with copies provided to Fair Share Housing Center, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the court-appointed special master and Fair Share Housing Center.

c. Very-Low-Income Housing. For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the order granting West Orange a final judgment of compliance and repose in In re Township of West Orange Compliance with Mount Laurel Third Round Affordable Housing Obligation, and every third year thereafter, the Township will post on its municipal website, with copies provided to Fair Share Housing Center, a status report as to its satisfaction of its very low income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Township, with copies provided to Fair Share Housing Center, on the issue of whether the Township has complied with its very-low-income housing obligation.

§ 25-18.24 Development Fees.

[Added 10-10-2020 by Ord. No. 2619-20]

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 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 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 a court of competent jurisdiction and have an approved spending plan may retain fees collected from nonresidential development.

3. In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), also known as the Mount Laurel IV decision, the Supreme Court remanded COAH's duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from the municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 1, 2025 are under the Court's jurisdiction and are subject to approval by the Court.

4. 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 32-38. 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 the Court pursuant to N.J.A.C. 5:96-5.1.

2. The Township of West Orange shall not spend development fees until the Court 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

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 one-hundred-percent affordable development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Act which had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).

GREEN BUILDING STRATEGIES

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.

(1) Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% 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) Developers of low- and moderate-income units shall be exempt from paying development fees.

(c) 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.

(d) All single-family residential additions, renovations and accessory structures shall be exempt; however, all new residential dwelling units shall be subject to a development fee.

(e) All multifamily additions, renovations and accessory structures not requiring site plan approval shall be exempt; however, all new residential dwelling units shall be subject to a development fee.

(f) Homes replaced as a result of a natural disaster (such as fire or flood) shall be exempted from the payment of a development fee.

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 preexisting 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 fee of 2.5% unless otherwise exempted below.

(b) The fee of 2.5% 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 Nonresidential 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 Nonresidential 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 (N.J.S.A. 40:55D-8.6).

8. Fifty percent 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, R.S.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, R.S.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. In the event of a failure by the Township of West Orange to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved Spending Plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of West Orange, or, if not practicable, then within the County or the Housing Region.

(a) Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the noncompliant condition(s), and upon a finding of continuing and deliberate noncompliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may also impose such other remedies as may be reasonable and appropriate to the circumstances.

4. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by the Court.

h. Use of Funds.

1. The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the housing trust fund may be used for any activity approved by the Court 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. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.

(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.

(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 monitoring requirements.

i. Monitoring. The Township of West Orange shall complete 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 approved by the Court. All monitoring reports shall be completed on designated forms.

j. Ongoing Collection of Fees. The ability for the Township of West Orange to impose, collect and expend development fees shall expire with its judgment of compliance and repose unless the Township of West Orange has filed an adopted Housing Element and Fair Share Plan with the Court or other appropriate jurisdiction, has filed a Declaratory Judgment action, and has received Court 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 its judgment of compliance and repose, 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 (N.J.S.A. 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 judgment of compliance and repose, 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 judgment of compliance and repose.

§ 25-18.25 Inclusionary Housing Requirements for Multifamily Residential Developments.

Any multifamily residential development consisting of five or more dwelling units shall produce low- and moderate-income housing on-site or elsewhere in the Township. The number of affordable units to be provided shall be 20% of the residential units in the development. The provisions of this section shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.

§ 25-19 IH-1 (INCLUSIONARY HOUSING) DISTRICT

[Added 10-20-2020 by Ord. No. 2614-20]

a. Purpose. The purpose of the IH-1 District is to provide for inclusionary development that contributes to the region's fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same.

b. Description of Zone Boundary. The zone boundary of the IH-1 District shall encompass the entirety of the property identified as Block 179 Lot 32, which shall hereafter be referred to as the "tract." The zone boundary shall be coincident with the lot lines of Block 179, Lot 32. The municipal zone map is hereby amended to reflect same.

c. General Provisions.

1. The development regulations set forth herein shall apply to the tract as a whole, not to individual lots which may be created within the tract.

2. The tract shall be permitted to be subdivided into one or more lots, and one or more buildings or uses shall be permitted on a single lot.

3. The tract shall be permitted to be constructed in one or more phases consistent with N.J.A.C. 5:97-6.4(d).

4. Any street within the tract shall be permitted to be public or private.

5. Development of the tract shall be exempt from all bulk, design, and environmental regulations of the West Orange Land Use Regulations Ordinance, unless otherwise indicated herein, and further provided that nothing herein shall circumvent or contravene the procedural requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) nor the regulatory requirements of outside agencies including but not limited to New Jersey Department of Environmental Protection and Hudson-Essex-Passaic Soil Conservation District.

d. Use Regulations.

1. Permitted Principal Uses.

(a) Multifamily residential.

(b) Open space.

2. Permitted Accessory Uses.

(a) Residential amenities including but not limited to the following, by way of example: clubhouse buildings, swimming pools, fitness centers, lounges, common or private terraces and balconies, courts or open lawn areas for multipurpose use such as lawn games, i.e., corn hole, bocce, badminton, croquet, and the like; work space or meeting space for tenants, tenant storage, dog parks and/or dog playgrounds. Rooftop amenities shall be permitted including observation areas or rooms, multipurpose or recreation rooms, vestibules, outdoor terraces, pergolas, shade structures, or the like.

(b) Pet-friendly amenities. As part of the amenity package, in addition to dog parks and/or playgrounds above, a development shall be permitted to include an onsite pet service that shall be permitted to offer walking services, pet-sitting services, a pet spa or grooming service, overnight boarding, or related services, which shall be permitted to operate indoors as part of a building and/or as a stand-alone building.

(c) Residential accessory uses such as leasing and management offices, maintenance buildings, dwelling units for onsite building superintendents, and model units.

(d) Parking, which shall be permitted to be structured or surface, and further provided that tandem parking shall be permitted where such spaces are assigned to the same unit.

(e) Fences and walls.

(f) Signs.

(g) Any use that is customarily incidental to a permitted principal use.

e. Bulk Regulations.

1. The total number of dwelling units shall be 496, and the total number of units shall be permitted to be lowered without variance at the sole discretion of the developer and/or based on outside agency requirements. Model apartments and onsite housing for the building superintendent and maintenance/management staff shall not be included as part of the unit count.

2. The affordable housing set-aside shall be 20% of the total units actually constructed in the development (excluding model apartments and onsite housing for the building superintendent and maintenance/management staff).

3. There shall be no minimum lot size requirement.

4. The maximum area of disturbance for the entire tract shall be 30 acres. Trails, deer fencing, and buffer planting shall not be counted as part of the area of disturbance.

5. Unrestricted site access (ingress and egress) shall be permitted from Warner Drive and Kuzik Drive.

6. Emergency access (ingress and egress) shall be permitted to Block 179.17, Lots 8 and 9 to the north and Bayowski Road to the south.

7. The affordable units shall consist of moderate-income, low-income, and very-low-income units in accordance with the requirements of the settlement agreement. The minimum unit sizes for the affordable units shall be as follows:

(a) One-bedroom: 650 square feet.

(b) Two-bedroom: 875 square feet.

(c) Three-bedroom: 1,150 square feet.

8. The maximum building height shall be 75 feet, and further subject to the standards set forth below, which shall supersede any regulation to the contrary in the West Orange Land Use Regulations Ordinance:

(a) The building height shall be a vertical dimension measured in a straight line from first story finished floor elevation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof.

(b) The first story shall mean the lowest story that has its finished floor entirely above grade. Cellars and basements shall not be considered a first story.

(c) The building height shall not be measured based on the grading around the building.

9. The maximum number of stories per building shall be four stories, and further subject to the standards set forth below which shall supersede any regulation to the contrary in the West Orange Land Use Regulations:

(a) "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, and as further refined below.

(b) Any level with a finished floor entirely below grade or partially below grade shall not be considered a story, such as cellars and basements, including walk-out basements and "garage-under" levels.

(c) Any level that contains 10 or more parking spaces shall not be considered a story.

(d) Mezzanines shall not be considered a story, provided the floor area of the mezzanine is no greater than 33% of the floor area below it.

(e) Lofts serving individual dwelling units as permitted by building code shall not be considered a story.

(f) Rooftop amenities and rooftop features shall not be considered a story or fractional portion thereof.

(g) Architectural roof design features such as attics, mansards, parapets, cupolas, and other similar architectural design features and/or appurtenances shall not be considered a story or fractional portion thereof.

10. The grading around buildings shall be subject to the following:

(a) The maximum exposure of perimeter walls for basements, cellars, or building foundations shall not exceed 50% of the total surface area of such walls, which shall be based on the aggregate area of all perimeter walls, not each wall individually.

(b) Walkout basements and "garage under" designs shall be permitted and shall be permitted to have one or more perimeter walls entirely exposed, and further provided that the 50% exposure threshold set forth above for all perimeter walls shall still apply.

11. The minimum buffer width around the entire tract boundary shall be 100 feet. The buffer shall remain undisturbed except for roads and accessways, utilities and stormwater management improvements, signs, fences, walls, and associated grading.

12. The east face of the Watchung Mountain shall remain undisturbed from the peak of the ridgeline, except that utility construction shall be permitted east of the ridgeline.

13. Any deviation from the above requirements shall be considered a "c" variance.

f. Parking Regulations.

1. Principal uses. The quantity and dimensions of off-street parking spaces shall be in accordance with the Residential Site Improvement Standards (RSIS). Any deviation shall be considered a de minimis exception from RSIS, not a variance. Tandem parking arrangements shall be permitted in accordance with the use regulations of this chapter as set forth above. Automated or mechanical parking shall be permitted to meet the RSIS parking count requirement, and shall be exempt from RSIS parking stall size requirements, subject to review and approval of manufacturer's specifications.

2. Accessory uses. Accessory uses such as clubhouses or recreation areas shall be exempt from parking requirements.

g. Tree Removal and Replacement. The removal of trees shall be permitted, and the replacement of trees shall be in accordance with formula below. Any other regulation pertaining to tree removal and replacement in the Township of West Orange Code shall not apply to the tract, and shall be superseded by the regulations set forth below, except where otherwise indicated herein.

1. Tree Baseline. The existing tree count on the tract shall be established at 212 trees per acre.

2. Tree Baseline Loss.

(a) Tree baseline loss shall be established by multiplying the proposed number of acres disturbed by the existing 212 trees per acre on the tract; by way of example, a proposed disturbance area of 25 acres shall calculated to a tree baseline loss of 5,300 trees, which figure would increase or decrease based upon the final acreage disturbed.

(b) Tree baseline loss shall be reduced for each healthy major tree (greater than six inches) within the proposed area of disturbance that is not removed in connection with a proposed development.

(c) Tree baseline loss shall be reduced for each noninvasive major tree or minor tree (as defined in the Township of West Orange Code) proposed as part of a landscape plan. The tree replacement calculation shall apply one credit for each such tree which is a native species and 1/4 credit for each such tree which is not a native species.

(d) The tree baseline loss shall be reduced by 212 trees for each acre of forest outside the area of disturbance enclosed by a controlled, gated access deer fence that is eight feet in height, the purpose of which is to regenerate the growth of the native forest, and which deer fencing shall be maintained in perpetuity.

3. Adjusted Tree Baseline Loss.

(a) Adjusted tree baseline loss shall be calculated as the tree baseline loss after crediting.

(b) If the adjusted tree baseline loss calculates to zero, or less than zero, the developer shall have no further obligation regarding tree removal or replacement in connection with a proposed development.

(c) If the adjusted tree baseline loss calculates to a number greater than zero, then the development shall satisfy the requirements of the West Orange Tree Ordinance only with respect to the adjusted tree baseline loss.

h. Landscape Regulations.

1. Street Trees. Street trees shall be provided in accordance with the West Orange Land Development Code.

2. Additional Trees. The developer shall plant new trees and landscaping along or near the southern border of the tract for the purpose of supplementing the buffering of the nearest residential units to the south.

3. Any deviation from the regulations of this section shall be considered design exceptions, not variances, subject to the statutory criteria of N.J.S.A. 40:55D-51 for relief.

i. Signage Regulations.

1. Development Entrance Sign. One freestanding sign shall be permitted at the entrance to the development. The sign dimensions shall have a maximum width of 10 feet and a maximum height of eight feet. The sign may be incorporated as part of a decorative element such as a wall or fence feature, and further provided that the decorative element shall not be included in the calculation of the sign area. The top of the sign, including any decorative element framing it, shall not exceed 10 feet above grade.

2. Identification Signage. Freestanding identification signs shall be permitted to demarcate individual buildings or sections within the development, not to exceed one such sign per building or section. The sign dimensions shall have a maximum width of eight feet and a maximum height of six height, and the top of any such sign shall not exceed eight feet above grade. This shall apply to accessory recreation or amenity uses as well, such as a clubhouse or pet service, which shall be permitted to have identification signage in accordance with the above.

3. Building Signage. One building sign shall be permitted at each building lobby and/or building entrance. The sign dimensions for each building sign shall have a maximum width of eight feet and a maximum height of six feet.

§ 25-20 IHO-1 (INCLUSIONARY HOUSING OVERLAY) DISTRICT

[Added 10-20-2020 by Ord. No. 2619-20]

a. Purpose. The purpose of the IHO-1 District is to provide for inclusionary development that contributes to the region's fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same.

b. Description of Zone Boundary. The zone boundary of the IHO-1 District shall encompass the entirety of the properties identified as Block 152.01, Lots 1445, 1445.01 and 1445.05. The municipal zone map is hereby amended to reflect same.

c. Use Regulations.

1. Permitted Principal Uses. In addition to any principal or conditional use permitted in the underlying zone district, mixed-use development shall be permitted. Permitted uses on the first story of a mixed-use development shall include the following: retail store, personal service store or studio, office, business or vocational school, restaurant, and bar. Dwelling units in a mixed-use development shall only be permitted above the first story. Multiple principal buildings and/or uses shall be permitted on a single lot.

2. Permitted Accessory Uses. In addition to any accessory use permitted in the underlying zone district, any use that is customarily incidental to a mixed-use development shall be permitted. Examples include, but are not limited to, residential amenities and accessory uses such as leasing and management offices.

d. Bulk Regulations.

1. The bulk regulations for any principal or conditional use permitted in the underlying zone district shall be the applicable bulk regulations for the underlying zone district.

2. The bulk regulations for mixed-use development shall be as follows:

(a) Minimum lot area: 60,000 square feet.

(b) Minimum lot frontage: 200 feet.

(c) Minimum front yard setback: 50 feet.

(d) Minimum side yard setback: 75 feet.

(e) Minimum rear yard setback: 100 feet.

(f) Maximum building coverage: 40%.

(g) Maximum impervious coverage: 65%.

(h) Maximum building height: four stories/48 feet.

(i) Maximum gross residential density: 16 dwelling units/acre.

3. Building Height and Stories. The standards set forth below shall supersede any regulation to the contrary in the West Orange Land Use Regulations Ordinance:

(a) The building height shall be the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof.

(b) Rooftop amenities and rooftop features shall not be considered a story or fractional portion thereof.

(c) Architectural roof design features such as attics, mansards, parapets, cupolas, and other similar architectural design features and/or appurtenances shall not be considered a story or fractional portion thereof.

e. Parking Regulations.

1. Residential portion of a mixed-use development. Off-street parking for residential uses shall be provided in accordance with the requirements of Parking Schedule I in Subsection 25-12.2a1.

2. Nonresidential uses. Off-street parking for nonresidential uses shall be provided in accordance with the requirements of Parking Schedule II in Subsection 25-12.2b1.

f. Affordable Housing Requirements.

1. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 25-18, Affordable Housing; Low/Moderate Housing Provisions, of the Township of West Orange Land Use Regulations Ordinance.

2. The minimum unit sizes for the affordable units shall be as follows, except if the square footage of the market rate units is smaller than the minimum square footage of the affordable units, then the affordable units shall be the same size as the market rate units:

(a) One-bedroom: 650 square feet.

(b) Two-bedroom: 875 square feet.

(c) Three-bedroom: 1,150 square feet.

§ 25-21 IHO-2 (INCLUSIONARY HOUSING OVERLAY) DISTRICT

[Added 10-20-2020 by Ord. No. 2619-20]

a. Purpose. The purpose of the IHO-2 District is to provide for inclusionary development that contributes to the region's fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same.

b. Description of Zone Boundary. The zone boundary of the IHO-2 District shall encompass the entirety of the property identified as Block 151, Lot 33. The municipal zone map is hereby amended to reflect same.

c. Use Regulations.

1. Permitted Principal Uses. In addition to any principal or conditional use permitted in the underlying zone district, multifamily residential development shall be permitted.

2. Permitted Accessory Uses. In addition to any accessory use permitted in the underlying zone district, any use that is customarily incidental to a multifamily residential development shall be permitted. Examples include, but are not limited to, residential amenities and accessory uses such as leasing and management offices.

d. Bulk Regulations.

1. The bulk regulations for any principal or conditional use permitted in the underlying zone district shall be the applicable bulk regulations for the underlying zone district.

2. The bulk regulations for multifamily residential development shall be as follows:

(a) Minimum lot area: five acres.

(b) Minimum building setback from any property line: 50 feet, plus one additional foot for each foot of building height above 50 feet.

(c) Maximum building coverage: 35%.

(d) Maximum impervious coverage: 75%.

(e) Maximum building height: 5 1/2 stories/65 feet.

(f) Maximum gross residential density: 24 dwelling units/acre, rounded up to a maximum of 142 dwelling units with (a) 28 on-site affordable housing units and a payment in lieu of $59,473.20 or (b) 29 on-site affordable housing units.

3. Building Height and Stories. The standards set forth below shall supersede any regulation to the contrary in the West Orange Land Use Regulations Ordinance:

(a) The building height shall be the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof.

(b) Rooftop amenities and rooftop features shall not be considered a story or fractional portion thereof.

(c) Architectural roof design features such as attics, mansards, parapets, cupolas, and other similar architectural design features and/or appurtenances shall not be considered a story or fractional portion thereof.

e. Other Regulations.

1. Tree removal on slopes of 15% or greater shall only be permitted to allow for pedestrian access.

2. A maximum of two development identification signs shall be permitted as follows:

(a) At development entrance, with maximum area of 75 square feet (per side).

(b) At parking lot, with maximum area of 55 square feet (one side only).

f. Parking Regulations. Off-street parking for residential uses shall be provided in accordance with the requirements of Parking Schedule I in Subsection 25-12.2a1.

g. Affordable Housing Requirements.

1. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 25-18, Affordable Housing; Low/Moderate Housing Provisions, of the Township of West Orange Land Use Regulations Ordinance.

2. The minimum unit sizes for the affordable units shall be as follows, except if the square footage of the market rate units is smaller than the minimum square footage of the affordable units, then the affordable units shall be the same size as the market rate units:

(a) One-bedroom: 650 square feet.

(b) Two-bedroom: 875 square feet.

(c) Three-bedroom: 1,150 square feet.

§ 25-22 IH-2 (INCLUSIONARY HOUSING) DISTRICT.

[Added 3-23-2021 by Ord. No. 2642-21]

a. Purpose. The purpose of the IH-2 District is to provide for inclusionary development that contributes to the region's fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same.

b. Description of Zone Boundary. The zone boundary of the IH-2 District shall encompass the entirety of the property identified as Block 155, Lot 40.03. The municipal zone map is hereby amended to reflect same.

c. Use Regulations.

1. Permitted Principal Uses.

(a) Retail stores.

(b) Personal service stores or studios.

(c) Offices.

(d) Restaurants and bars.

(e) Banks.

(f) Fitness centers.

(g) Medical, dental, psychiatric or chiropractic offices.

(h) Multifamily residential dwellings.

(i) Mixed-use development including any of the above permitted principal uses.

2. Permitted Accessory Uses.

(a) Parking.

(b) Signage.

(c) Outdoor dining.

(d) Uses which are customarily incidental to the principal use.

d. Bulk Regulations.

1. Minimum lot area: four acres.

2. Minimum setback to Rooney Circle: 15 feet.

3. Minimum setback to all other property lines: 20 feet.

4. Maximum building height: 4 stories/50 feet. The building height shall be the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the roof line elevation of a flat roof, or the midpoint elevation of a pitched roof. Projections for roof equipment shall be permitted provided they are screened with a solid or decorative shield and do not exceed 15 feet in height above the roof deck. Rooftop amenities and architectural roof design features such as attics, mansards, parapets, cupolas, and other similar architectural design features and/or appurtenances shall not be considered a story or fractional portion thereof.

5. Maximum gross residential density: 32 dwelling units/acre.

6. Maximum impervious coverage: 65%.

e. Parking Regulations.

1. Residential portion of a mixed-use development. Off-street parking for residential uses shall be provided in accordance with the requirements of Parking Schedule I in Subsection 25-12.2a1.

2. Nonresidential uses. Off-street parking for nonresidential uses shall be provided in accordance with the requirements of Parking Schedule II in Subsection 25-12.2b1.

f. Affordable Housing Requirements.

1. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development for for-sale units, or 15% for rental units. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 25-18, Affordable Housing; Low/Moderate Housing Provisions of the Township of West Orange Land Use Regulations Ordinance.

2. The minimum unit sizes for the affordable units shall be as follows, except if the square footage of the market rate units is smaller than the minimum square footage of the affordable units, then the affordable units shall be the same size as the market rate units:

(a) One-bedroom: 650 square feet.

(b) Two-bedroom: 875 square feet.

(c) Three-bedroom: 1,150 square feet.

g. Additional Standards.

1. Structured parking shall be designed to blend into the architectural character of the building and to be screened from public view.

(a) All parking structures shall be designed using compatible or complementary materials to the principal building(s). All voids in the structures shall be architecturally screened, so that lights and vehicles are not individually visible.

(b) No blank walls of parking structures shall face Rooney Circle. Any Rooney Circle facing facade shall provide pedestrian interest at ground level through a building lobby, storefront, or other architectural screening/wrapping mechanism.

2. Pedestrian connections shall be provided across Rooney Circle to the Essex Green Shopping Center. The connections shall feature pedestrian-activated signals, raised or stamped concrete crosswalks or other similar improvements subject to approval by the Township Council, Township Engineer, and Planning Board.

3. Amenity space shall be provided as part of any multifamily residential development, consisting of one or more of a community room, a roof deck, a pool, a fitness center, or other similar offering.

§ 25-23 through § 25-23. (Reserved)25-23. (Reserved)

§ 25-24 EXCEPTIONS AND SPECIAL PROVISIONS.

§ 25-24.1 Nonconforming Uses, Structures and Lots.

[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.

§ 25-24.2 Conditional Uses.

[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.

(9) The maximum building coverage for the entire tract prior to any dedication of land shall be 20%.

(10) The maximum impervious coverage for the entire tract prior to any dedication of land shall be 35%

(11) There shall be a buffer strip around the perimeter of the tract being developed which is at least 75 feet in width, which buffer strip shall consist of existing vegetation and, where deemed necessary by the Planning Board, supplemental vegetation (or fencing where appropriate), subject to the following:

(i) The perimeter buffer strip shall permit roadway and utility crossings within the buffer except where adjacent to existing improved residential properties; provided, however, that said disturbance shall be limited to a linear distance of no more than 400 feet in any one location, and an area no greater than three acres in size collectively when all areas of disturbance are combined;

(ii) Where adjacent to existing improved residential properties, the perimeter buffer strip shall remain undisturbed in its natural state such that existing grading and vegetation is preserved; provided that a temporary intrusion into the buffer strip of up to 25 feet in width measured from the interior buffer boundary (the "intrusion area") shall be permitted where required to excavate and grade for utility construction purposes as long as the intrusion area is regraded and replanted with evergreen vegetation and, where appropriate, berms so as to restore and establish the seventy-five-foot buffer strip and grading to substantially the same condition as existed prior to the intrusion; and provided further that while the utility right-of-way may be located partially within the intrusion area, under no circumstance will the actual utility lines be located within any part of the buffer strip where adjacent to existing improved residential properties;

(iii) Where the buffer strip abuts any part of the tract that will be dedicated to and accepted by the Township for open space preservation purposes and the dedicated lands are adjacent to existing property owned by the Township, the buffer strip may be reduced in width or eliminated; and

(iv) Where the buffer strip abuts existing unimproved property owned by the Township, a portion of the buffer strip may be disturbed for roadway and utility purposes, provided that said disturbance is [a] located no closer than 25 feet to the property line, [b] has a linear distance of no more than 600 feet, and [c] has a total area of no greater than two acres.

(12) A minimum of 40% of the tract shall be set aside as open space. Such open space may be either voluntarily dedicated to the Municipality for public use or may be reserved for the benefit of the residents of the development. If such open space is dedicated to the Municipality for public use, then the following standards must be met in order for the Municipality to accept the dedication:

(i) A minimum of 20% of the total tract must be dedicated for public use.

(ii) The area dedicated for public use shall have frontage on and access from a State roadway.

(iii) The area dedicated for public use shall be substantially suitable for parks, playgrounds, soccer fields, ballfields, schools, libraries, or any other community or recreational facility deemed appropriate by the Township Council.

(iv) Any area dedicated for public use that is intended for recreation shall be improved by the developer in accordance with a plan to be memorialized in a developer's agreement approved by the Township Council.

(13) For any open space that is not dedicated to the Municipality, such common open space shall be designed as an integral part of the development and shall include, to the extent practicable, natural assets such as woodlands, wetlands and stream corridors. Common area lands developed for the benefit of residents in the development may be devoted to recreation, including, but not limited to, a clubhouse, swimming pool, tennis courts, jogging/fitness trails and walking paths. Any privately-owned open space, beyond the recreational improvements, drainageways and/or detention basins and/or utility lines, shall be maintained as a passive open space in its natural state to benefit the community in general and the natural environment. For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the 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.

(14) Off-street parking and street design standards shall be in compliance with Residential Site Improvement Standards (RSIS).

(l) Townhouse/Low-Rise Residential Cluster Development. A townhouse/low-rise residential cluster development shall be permitted in the R-5 District as a conditional use in order to provide flexibility in residential unit type and design, to encourage open space, to facilitate land development activities that respect site constraints and sensitive environmental features, to provide for the establishment of both on- and off-site open space, and to provide for the regional transportation needs of the Township. The Township/low-rise residential cluster development shall satisfy the following requirements:

(1) The minimum tract size shall be 20 acres.

(2) Density and Buffer Requirements:

(i) The maximum base density shall be three units per acre in the R-5 Zone. A set-aside of not less than 30% of the gross tract area as permanent common open space for use of the resident owners and/or the general public shall be required.

[a] A minimum fifty-foot landscape buffer shall be required along the front, side and rear yards.

(ii) Cluster bonus density of up to 50% of the base or a maximum of 4.5 units per acre shall be permitted if not less than 40% of the gross tract area is preserved as permanent common open space.

[a] A seventy-five-foot minimum landscape buffer strip shall be required along the front, side and rear yards.

(iii) Alternatively, up to a 50% maximum bonus density of up to not more than 4.5 units per acre may be granted for cluster housing developments that offer permanent preservation and protection of land and improvements with historically and/or culturally significant features. Such land and improvements with historically and/or culturally significant features may be on tract or located off tract.

[a] A continuous landscape buffer strip of not less than 30 feet shall be required along the front, side and rear yards. The buffer may be penetrated by access roads provided that there shall be a minimum of a fifty-foot buffer from any such road to any existing residential dwelling.

(3) The maximum height of any townhouse unit shall be 35 feet as measured from the average grade around the perimeter of the building to the midpoint of the roof.

(4) The maximum number of stories in the townhouse units shall be three.

(5) For the low-rise buildings, each apartment unit within the building shall have a minimum unit size of 2,500 square feet.

(6) The maximum height of the low-rise building shall be 55 feet when measured from the average grade around the perimeter of the building to the midpoint of the roof.

(7) The maximum number of stories for the low-rise building shall be 4 1/2 stories over one story of parking.

(8) The maximum building coverage for the entire tract prior to any dedication of land shall be 35%.

(9) The maximum impervious coverage for the entire tract prior to any dedication of land shall be 50%.

(10) In satisfaction of all or part of its obligation, the developer may donate a portion of its property, or other property off-site, for such public or quasi-public purpose as may be acceptable to the Township that has historically and/or culturally significant features; provided, however, that such donation from the gross area of the tract shall not affect the gross acreage for density purposes.

(i) In the event of a donation as set forth in this Subsection (10), the recipient of the R-5 District property, in lieu of the bulk or dimensional requirements for such use as set forth in Subsection 25-24.2 hereof, shall satisfy the following requirements:

[a] The maximum building coverage shall be 35%.

[b] The maximum impervious coverage shall be 65%.

[c] 

Minimum setbacks from any adjoining nonresidential uses shall be as follows:

[1] Fifty feet from any structure on the property to be developed hereunder, to the property line.

[2] Twenty feet from any parking lot to be used in connection with any such structure, to the property line.

[3] For either usage, the minimum setback as provided for herein shall include a twenty-foot landscaped buffer, which will provide a year-round visual screen.

[d] 

Minimum setbacks from any residential uses shall be as follows:

[1] One hundred twenty-five feet from any structure on the property in the development hereunder, to the property line.

[2] Fifty feet from any parking lot to be used in conjunction with any such structure, to the property line.

[3] For either usage, the minimum setback as provided for herein shall include a fifty-foot landscaped buffer, which will provide a year-round visual screen.

[e] The maximum building height shall be 55 feet, when measured from the average grade around the perimeter of the building to the midpoint of the roof.

[f] The maximum number of stories shall be three.

(11) For any common open space reserved for the benefit of the residents of the development, the developer shall establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of any common space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space without first offering to donate same to the Township).

2. Business and Industrial Districts.

(a) Theater. In a Business District, a theater, provided that the location of such use is deemed by the Board to be appropriate to its immediate neighborhood and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrances and the exits to parking area required by this chapter, so as to assure the public safety, and provided further that when such use abuts any residential district, the parking area or areas shall be suitably screened as to protect adjacent residential properties.

(b) Bowling Alley or Billiard Parlor in an Industrial District. A billiard parlor or a bowling alley or a combination thereof, provided that the location of the use is deemed by the Planning Board to be appropriate to its immediate neighborhood, and subject to such conditions and safeguards as the Board may impose with respect to, among other matters, the location and adequacy of entrance and exits to parking areas required by this chapter, so as to assure the public safety, and further provided that when such use abuts any residential district, the parking area or areas shall be suitably screened so as to protect adjacent residential properties.

(c) 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.

(d) Hotel. In any B (Business) District, a hotel on a land area of five acres or more in extent, provided that such use be approved by the Public Health Department, and subject to such conditions and safeguards as the Planning Board may impose with respect to, among other matters, the location and adequacy of entrances and exits so as to assure the safety of vehicular traffic, and the provision of buffers or minimum required lot area of 2,500 square feet per guest room or suite, a maximum building coverage of 20% and a maximum of 40% impervious surface.

(e) Commercial Antenna. In a business, commercial or industrial district, a commercial antenna shall be permitted as a conditional use and shall satisfy the following requirements:

(1) The applicant shall submit a site plan and appropriate engineering drawings, as well as a statement certified by a qualified engineer indicating the projected effective radiated power of all transmitted signals, the probable radiation pattern and an analysis of any potential for reception interference by electronic receiving devices of good design to the Planning Board or Board of Adjustment ("the Board"), as appropriate. Approval shall not be denied on the grounds of reception interference. Approval of a commercial antenna may be granted by the Board upon a finding that the proposed commercial antenna is structurally sound, that the antenna does not result in an undue concentration of commercial antennas in a particular location, and that the antenna meets the height limitations hereinafter set forth.

(2) Applications to the Board for approval of a commercial antenna shall clearly state the number, location and size of all radiating elements. The addition or change in location of any radiating element or elements after Board approval shall be preceded by the submission of a new application for approval which shall set forth the number, location and size of any such addition or change in location of a radiating element and any necessary amendments to prior documents, including the engineering report with respect to radiation.

(3) Each application for Board approval hereunder shall include, if not heretofore placed on file with the Board, a true copy of applicant's FCC approvals relating to existing or proposed operation with the Township of West Orange obtained within three years of the application. After the date of filing of the application with the Board and thereafter, unless approval is finally denied, applicant shall promptly serve on the Board a true copy of each FCC approval made by applicant.

(4) No commercial antenna shall exceed a height of 200 feet.

(5) The minimum setback for a commercial antenna from all property lines shall be 1 1/2 times the height of the antenna.

(f) Senior Citizens Housing Project. In an R-G, R-M, OB-2, B-1 and B-2 District, a senior citizen housing project shall be permitted only as a conditional use authorized in each case by the Planning Board and subject to the following conditions:

(1) A senior citizen housing project shall be specifically designed and constructed for the use of elderly or handicapped families, the head of which and/or his or her spouse is 62 years of age or older or is handicapped; and such term also means a single person who is 62 years of age or older, or is handicapped. A person shall be considered handicapped if he or she has a physical impairment as defined by Regulations published by the Social Security Administration.

(2) Uses incidental, necessary and appropriate to such housing for the benefit and well being of the occupants thereof shall also be permitted.

(3) A Senior Citizens Housing Project shall meet the following requirements:

(i) Each structure shall have a maximum height of 35 feet.

(ii) The minimum lot area for each structure shall be two acres.

(iii) The minimum lot area per unit shall be 500 square feet.

(iv) The minimum lot width shall be 150 feet.

(v) The minimum front yard shall be 30 feet.

(vi) The minimum side yards shall be 30 feet and 30 feet.

(vii) The minimum rear yard shall be 30 feet.

(viii) The maximum building coverage shall be 19%.

(ix) Adequate provision for parking shall be provided in accordance with § 25-12 of this chapter.

(g) Motor Vehicle Fueling Stations.

(1) Applications for conditional uses as motor fuel filling stations shall be governed by all other applicable provisions of this chapter.

(2) Anything in this chapter to the contrary notwithstanding, the Planning Board shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a motor fuel filling station unless:

(i) The lot or parcel of land so to be used has a street frontage of at least 150 feet and an average depth of at least 175 feet except in the case of a corner lot where the street frontage and depth shall each be at least 175 feet.

(ii) The walls of the building or structure are set back at least 40 feet from the front street property line and at least 25 feet from every adjoining property line.

(iii) The entrance and exit driveway or driveways are at least 25 feet wide and 10 feet from the adjoining property line and at least 50 feet from the point of intersection of the right-of-way lines.

(iv) Every gasoline, diesel or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any street right-of-way line and at least 15 feet from the side and rear lines of the premises.

(v) All storage tanks shall be installed below ground level with the exception of drainings, which may be stored in tanks or drums outside the building, until removed from the premises.

(vi) The nearest boundary line of the lot or parcel of land so to be used is at least 500 feet, measured in a straight line from any boundary line of property which is used as, or upon which is erected:

A public or private school

A church or other place of worship

A hospital

A public library, public art museum or other public building

A firehouse or fire station

A senior citizen housing project

A nursing home

(vii) No facilities shall be installed or maintained for the servicing of vehicles upon the public street. No work shall be performed on any vehicle on a public street. No vehicle shall be stored or parked on a public street or right-of-way while awaiting repairs.

(viii) The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits to assure public safety, and the provision of screening so as to protect adjacent residential properties.

(h) Video Arcade or Amusement Arcade. A video arcade or amusement arcade shall be a conditional use in an I, P-C, B-1 and B-2 Zoning District subject to the following conditions:

[Amended 9-22-2020 by Ord. No. 2617-20]

(1) There shall be no more than one video arcade or amusement arcade in any structure.

(2) Appropriate lighting, both indoor and outdoor, to ensure the safety of patrons must be provided.

(3) The video arcade or amusement arcade shall comply with all West Orange ordinances with respect to signage. In addition, there will be no signs illuminated in any manner so as to make them appear to be flashing.

(4) The operation of the video arcade or amusement arcade shall not cause a disturbance to the public including but not limited to noise, nuisance or loitering.

(5) A video arcade or amusement arcade shall be monitored during all hours of operation by an individual whose duties shall include assuring the safety of arcade patrons.

(6) A video arcade or amusement arcade shall contain a minimum of 50 square feet of floor area per each mechanical amusement device or similar player-operated device.

(i) Fast Food Restaurant. A fast food restaurant shall be permitted in a B-1 or B-2 District as a conditional use if the following requirements are satisfied:

[Amended 9-22-2020 by Ord. No. 2617-20]

(1) A site plan, prepared by a New Jersey licensed architect or engineer, shall be submitted to the Planning or Zoning Board, as required by this chapter and state law, and the plan shall show all standards, established herein for fast food restaurant operation as a conditional use, have been satisfied.

(2) No part of any building or structure used as a fast food restaurant nor any driveway entrance or exit to or from the same shall be located within 500 feet of any line of any lot upon which is located another fast food restaurant.

(3) No part of any building or structure used as a fast food restaurant shall be located within 1,000 feet of any residential district boundary line.

(4) The minimum size for any lot upon which any fast food restaurant is located shall be30,000 square feet, and the minimum street frontage of such lot shall be 200 feet. If a fast food restaurant is located on a corner lot, the minimum street frontage on each street shall be 200 feet.

(5) Combined entrance and exit driveways to and from any lot upon which is located a fast food restaurant shall have an unrestricted width of not less than 24 feet nor more than 30 feet, shall be located not nearer than 20 feet to any lot line and shall be so designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. One-way entrance or exit driveways shall have a minimum width of 18 feet.

(6) The minimum distance between driveways on a lot upon which is located a fast food restaurant shall be 100 feet, measured from the two closest driveway curbs.

(7) The minimum distance of any driveway into the street, of a lot upon which a fast food restaurant is located, from a street intersection shall be 100 feet, measured from the nearest end of the curb radius of the intersection to the nearest end of the curb radius of the driveway.

(8) All fast food restaurants shall provide suitable areas for storage of trash, designed and constructed to allow no view of the trash storage from the street, to prevent trash from blowing around the site onto adjacent properties or public rights-of-way and to permit safe removal of trash.

(9) All fast food restaurants shall provide parking in accordance with § 25-12.2b.

(10) Any lot on which is located a fast food restaurant must comply with the front yard, side yard, and rear yard requirements for the B-1 or B-2 District in which the lot is located.

(j) Sexually Oriented Businesses.

(1) Purpose. The purpose of this Subsection (j) is to limit offenses against public order, health and decency in the Township of West Orange (the "Township"). This subsection is enacted pursuant to N.J.S.A. 2C:34-2.

(2) Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings indicated below:

ADULT ARCADE

Shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electricity or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE OR ADULT VIDEO STORE

Shall mean a commercial establishment which as one of its principal business purposes, offers for sale or for rental, or for any form of consideration, any one or more of the following:

(i) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and/or

(ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; and/or

(iii) Video stores whose inventory of adult videos is less than 20% of the total number of videos offered for sale or rent are not an adult video store for purposes of this section.

ADULT CABARET

Shall mean a nightclub, bar, restaurant or similar commercial establishment, which regularly features:

(i) Persons who appear in a state of nudity; or

(ii) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(iii) Films, motion pictures, video-cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

Shall mean a hotel, motel or similar commercial establishment, which offers accommodations to the public for any form or consideration of which:

(i) Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(ii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 24 hours.

ADULT MOTION-PICTURE THEATER

Shall mean a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

Shall mean a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

COMMERCIAL DISPLAY

Shall mean the exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

GO-GO ENTERTAINMENT BUSINESS

Shall mean the definition set forth in § 25-4 of the Land Use Regulations of the Township of West Orange.

MASSAGE PARLOR

Shall mean a place where persons pay either a membership fee or an admission fee or any other fee and where specified sexual activities are permitted or encouraged.

NUDITY OR STATE OF NUDITY

Shall mean the appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

OBSCENE MATERIALS

Shall mean the definitions of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1992, c. 211 Section 1 (effective December 23, 1982 as N.J.S.A. 2C:34-2), as the same shall be from time to time amended.

PERSON

Shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.

SEX CLUB

Shall mean a public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owner or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a "member" from anyone else who seeks admittance to the premises.

SEXUALLY ORIENTED BUSINESS

Shall mean an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor.

SPECIFIED ANATOMICAL AREAS

Shall mean:

(i) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or

(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Shall mean any of the following:

(i) The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;

(ii) Sex act, normal or perverted, actual or simulated including intercourse, oral copulation or sodomy;

(iii) Masturbation, actual or simulated; and

(iv) Excreta functions as part of or in connection with any of the activities set forth in the definition of specified sexual activities above.

TATTOO PARLOR

Shall mean any establishment, shop or operation wherein a tattoo is removed from or affixed upon the surface of a human body.

(3) Location of Sexually Oriented Businesses.

(i) A person violates this ordinance if he/she operates or causes to be operated a sexually oriented business within 500 feet of:

[a] Places of public worship, including but not limited to any church, synagogue, temple;

[b] Any school or other place of instruction, whether public or private, including but not limited to any elementary or secondary school or any school bus stop;

[c] Any Municipal or County playground or place of public resort and recreation;

[d] Any mental or physical health care provider or facility;

[e] Any individual residence or residential district;

[f] A boundary of any zone, as defined by the Land Use Regulations of the Township of West Orange, in which residential uses are permitted;

[g] Any day-care center or similar facility for pre-school children;

[h] Any other sexually oriented business; and

[i] Any hospital.

(ii) Measurement shall be made in a straight line without regard to intervening structures or objects, from the nearest point of the property line of the parcel of land upon which the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises devoted to residential use or another sexually oriented business, which is used for a purpose set forth herein.

(iii) Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.

(iv) No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The combined signage shall be no more than 40 square feet in size. In addition, the signage shall comply with the Township Zoning Ordinance, but in no event, shall the total square footage of both signs exceed 40 square feet in the aggregate.

(4) Development Standards.

(i) Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.

(ii) All zone requirements for setbacks, building height, buffers, signs, parking and the like shall be complied with.

(iii) All site improvements and site design shall conform to the requirements prescribed under Subsection 25-40.2 of the Land Use Regulations of the Township of West Orange.

(iv) The interior of the sexually oriented business shall be adequately lighted and constructed so that every portion thereof, except for restroom(s) and areas restricted to employees, is readily visible to the clerk or other supervisory personnel from the counter or other regular stations.

(v) Obscene materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semi-public.

(vi) No loudspeakers or sound equipment shall be used for adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor as defined herein.

(vii) No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business, regardless of the provisions of Subsection b, 2(j)(3)(i)[f] of this subsection.

(viii) The lighting on the inside and the outside of the building must be approved by the Township Engineering Department.

(ix) There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the Chief of Police.

(x) The sexually oriented business must provide off-street parking spaces at a ratio of one space for every three seats or one space for every 30 square feet in the entire establishment (kitchen, storage, etc.), whichever is greater.

(5) Use Regulations.

(i) No person under the age of 18 shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.

(ii) The sexually oriented business must close no later than 12:00 a.m. and remain closed until 11:00 a.m. the same day, on weekdays and Saturdays. All sexually oriented business shall be closed on Sundays.

(iii) No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business.

(iv) The operation of a sexually oriented business must not be a disturbance to the public, create a nuisance or contribute to loitering by individuals outside the premises including patrons waiting to enter.

(v) Any dancing that takes place at a sexually oriented business must take place on a platform or stage at least 20 feet from the sitting area for patrons. The platform or stage must have at least 50 square feet for each performer and no more than three persons may be performing at any one time. There shall only be one platform or stage in each establishment and it must be structurally sound and inspected by the Construction Official. Permanent stairs constructed in accordance with law must be installed to the platform or stage.

(6) Enforcement.

(i) Except as otherwise provided by State statute, any person violating any provision of this Subsection (j), upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person violating this Subsection (j), upon conviction, receive a fine below the amount of $100. In addition, the Township may authorize the Law Department to file an action in any court of competent jurisdiction to remove or abate any violation of this ordinance.

(ii) Each day a sexually oriented business is operating in violation of any provision of this ordinance shall be deemed a separate offense under this Subsection j.

(k) Check Cashing Facility. Check cashing facilities shall be permitted in the OB-1 Central Business District Overlay Zone as a conditional use but only after the following requirements are satisfied:

(1) Off-street parking spaces with a ratio of one space for every 20 square feet, and a minimum of 25 off-street parking spaces must be provided with a fifteen-minute parking limit to prevent loitering.

(2) The lighting on the inside and outside of the facility must be approved by the Township Engineering Department. The lighting in the parking lot must be high enough in intensity to provide adequate security to patrons but shall be shielded as to not interfere with the neighboring properties.

(3) The establishment shall have an interior vestibule with a double set of security doors operated by electronic signal for admittance.

(4) All windows and teller booths shall be installed with one inch bullet-proof glass.

(5) Security cameras shall be installed which provide interior and exterior surveillance.

(6) An alarm system shall be installed and connected directly to the West Orange Police Department with a panic button in each teller booth.

(7) There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the West Orange Police Department.

(8) The establishment shall close no later than 6:00 p.m. and open no earlier than 6:00 a.m.

(l) Motor Vehicle Sales Establishment.

(1) The minimum lot area shall be 40,000 square feet.

(2) The minimum lot width shall be 200 feet.

(3) The minimum front yard shall be 50 feet.

(4) The minimum side yards shall be 20 feet and 20 feet.

(5) The minimum rear yard shall be 50 feet.

(6) The display or sale of motor vehicles outside the confines of a building shall only be permitted in compliance with the following requirements:

(i) The area devoted to such use shall not be larger than the gross floor area of the principal building in which the primary or predominant use is conducted.

(ii) The area devoted to such use shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water.

(iii) Any lighting in connection with such use shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings and shall comply with the lighting standards contained in this section.

(iv) The area permitted for the use shall at all times be clearly and legibly marked on the required paved surface.

(v) The use shall be permitted in the front, side and rear yards provided the use is not closer than 20 feet from the front street right-of-line nor 10 feet from any side or rear property line. If the use abuts a residential zone, no part of the use shall be nearer than 15 feet to the residential zone boundary line.

(m) Mixed-use Development. A mixed-use development shall be permitted as a conditional use in a B-1 and B-2 District subject to the following conditions:

[Added 9-22-2020 by Ord. No. 2617-20]

(1) Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the B-1 and B-2 Districts: retail store, personal service store or studio, office, business or vocational school, restaurant, bar, massage, bodywork or somatic therapy establishment, and fitness center/health club.

(2) One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in § 25-24.2b2(m)(1).

(3) Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses.

(4) Minimum lot area shall be 5,000 square feet, and the minimum street frontage of such lot shall be 50 feet.

(n) Microbreweries, craft distilleries and wineries. Microbreweries, craft distilleries and wineries shall be permitted as a conditional use in an I, P-C, B-1 and B-2 Zoning District subject to the following conditions:

[Added 9-22-2020 by Ord. No. 2617-20]

(1) Sampling room and retail sales. A microbrewery, distillery or winery shall provide a sampling room and retail sales area where product shall be sold to consumers and where samples shall be offered.

(2) Street frontage. Warehousing of materials or product or offices ancillary to the microbrewery, distillery or winery shall not occupy any street frontage. In addition, at least 50% of the street frontage of the tenant space shall be occupied by the sampling room and retail sales area.

(o) Licensed Cannabis Entities. Licensed Cannabis Retailers and Licensed Medical Cannabis Dispensaries shall be permitted as a conditional use in the B-1, B-2, and I Districts. All other Licensed Cannabis Entities shall be permitted as a conditional use in the I Districts. These conditional uses shall be subject to the following conditions:

[Added 7-13-2021 by Ord. No. 2647-21; amended 2-15-2022 by Ord. No. 2673-21]

(1) The Licensed Cannabis Entity shall be required to have a Local License pursuant to Chapter 5, § 5-34 of the Township of West Orange Municipal Code.

(2) No Licensed Cannabis Entity shall be located within one hundred feet (100’) from the property line of any property with a school building owned and operated by the West Orange Board of Education.

(3) No Licensed Cannabis Entity shall be housed in a vehicle or any movable or mobile structure.

(4) No Licensed Cannabis Entity shall be allowed to operate as a Home Occupation.

(5) Any signage for a Licensed Cannabis Entity shall be subject to the approval from either the Planning Board or the Zoning Board of Adjustment.

(6) A Licensed Cannabis Entity shall meet of the required security measures as set forth in Chapter 5, § 5-34 of the Township of West Orange Municipal Code.

(7) Cannas Consumption Areas, as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq., shall be prohibited from all Licensed Cannabis Entities.

(p) 100% Affordable/Inclusionary Senior Citizen Housing. Housing intended for, and solely occupied by, persons 62 years of age or older, which provides affordable housing units and which has significant facilities and services specifically designed to meet the physical or social needs of older persons, shall be permitted as a conditional use in the OB-2 District. This conditional use shall be subject to the following conditions:

[Added 7-19-2022 by Ord. No. 2685-22]

(1) A development may be 100% affordable or may be an inclusionary development. If a development is to be inclusionary, the following minimum set-aside of affordable housing units shall be provided:

(i) Fifteen percent of rental units shall be affordable senior rental units.

(ii) Twenty percent of for-sale units shall be affordable senior units.

(2) A library and/or community center may be provided within a 100% affordable/inclusionary senior citizen housing development.

(3) The following accessory uses shall be permitted:

(i) Health, wellness, and support service offered in conjunction with senior citizen housing.

(ii) Office.

(iii) Parking, including parking structures.

(iv) Signage.

(v) Green roof.

(vi) Roof-mounted solar photovoltaic panels.

(vii) Other uses customarily incidental to the principal use.

(4) The following bulk standards shall apply:

(i) Minimum setback to Mt. Pleasant Avenue: 40 feet to the curbline.

(ii) Minimum setback to Gaston Street: 25 feet to the right-of-way.

(iii) Minimum setback to Block 68, Lot 18: 10 feet.

(iv) Minimum setback to Block 67, Lot 1: zero feet.

(v) Minimum setback to any other property line: zero feet.

(vi) Maximum habitable building height: six habitable floors. Architectural features such as pitched roofs, gables, domes, steeples, etc., shall be permitted. Projections for roof equipment shall be permitted, provided they are screened with a solid or decorative shield and do not exceed 15 feet in height above the roof deck.

(vii) Maximum residential gross density: 50 units per acre.

(viii) Maximum lot (impervious) coverage: 80%. Building area with a green roof shall not be considered impervious coverage.

(5) Minimum parking requirements. The Residential Site Improvement Standards (RSIS N.J.A.C. 5:21) indicates that a "retirement community" shall have a parking requirement commensurate with the most appropriate housing type that the facility resembles. For reference, "assisted-living" facilities require 0.50 parking spaces per dwelling unit and "high-rise" apartments have a requirement of 0.8 spaces per one-bedroom unit and 1.3 spaces per two-bedroom unit. In order to balance the likely parking demand, land available, and access to other modes of transportation, the following parking requirements shall apply, which require a de minimis exception from RSIS:

(i) Studio/one-bedroom unit: 0.8 spaces per unit.

(ii) Two-bedroom unit: 1.25 spaces per unit.

§ 25-24.3 (Reserved)

§ 25-24.4 Other Exceptions and Special Provisions.

[Ord. No. 2357-12 § 25-24.4]

a. Exceptions to Height Limitations. A church spire, church belfry, dome, cupola, tower on a public building, flagpole, monument, chimney, water tower elevator or stair bulkhead and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, except that such features shall not exceed 20% of total roof surface area and shall not exceed a height of 10 feet above the top of the roof.

§ 25-24.5 Prohibited Uses.

[Ord. No. 2357-12 § 25-24.5]

Any use not specifically permitted in any zoning district established by this chapter is hereby expressly prohibited from that district. Furthermore, the following uses are expressly prohibited from all zoning districts within the Township:

a. The storage or constant outdoor parking for more than 30 days of any inoperable or unregistered motor vehicle.

b. The dismantling, assembly or repair of a vehicle other than one belonging to a member of the domicile.

c. The outdoor storage of motor vehicle parts or accessories.

d. The storage of toxic or hazardous waste as defined by the New Jersey Department of Environmental Protection.

e. Retail sale or wholesale distribution of firearms including ammunition therefor and any materials of an explosive or hazardous nature used in the ingredients for the ammunition.

§ 25-24.6 Off-Site Improvements and Other Pro-Rata Costs.

[Ord. No. 2357-12 § 25-24.6]

A developer, as a condition for approval of a site plan shall pay his pro-rata share of any and all costs attendant to the provision of reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development. Fair and reasonable standards to determine the developer's proportionate or pro-rata amount of the cost of such off-tract facilities and improvements shall be determined by the Township Engineer.

§ 25-24.7 Filming.

[Ord. No. 2357-12 § 25-24.7]

a. Purpose. The purpose of this section is to insure the safety, health and welfare of all persons when filming operations are sought to occur within the Township. The Township desires to encourage filming within the Township in an organized, efficient and controlled manner.

b. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings set forth below:

FILMING

Shall mean the taking of motion pictures and television shows either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses within the Township. Filming shall also include all rehearsals, preparations and assembly and dismantling of all equipment and structures, including but not limited to scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures and food.

MAJOR MOTION PICTURE

Shall mean any film or series of filmings for which the budget is greater than $5,000,000.

PUBLIC LAND

Shall mean any and every public street, highway, sidewalk, square, public park or playground or any other public places in the Township.

c. Permit Required.

1. No person or organization shall film or permit filming on public land or which shall cause any impact to public land within the Township without first having obtained a permit from the Director of the Department of Planning, (Director) which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference by day or dates not to exceed three in duration, except in the case of a major motion picture. Said permit must be readily available for inspection by the Township and any of its employees or agents at all times at the site of the filming.

2. All permits shall be applied for and obtained from the Department of Planning during normal business hours. Applications for such permits shall be in a form approved by the Director and shall be accompanied by a permit fee as set forth in Subsection d. The applicant shall submit a copy of the completed application to the Chief of Police and Fire Chief simultaneous with the submission to the Planning Director.

3. A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three days except in the case of a major motion picture, provided that the maximum number of days of filming authorized in any calendar year for premises located in a residential zone where a waiver has been granted by the Director shall not exceed 10 days.

4. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the date specified, the Director may, at a request of the applicant, issue an amended permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this amended permit.

d. Issuance of Permits.

1. No permit shall be issued by the Director unless applied for prior to five days before the requested shooting date; provided, however, that the Mayor may waive the five-day period if, in his or her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

2. No permit shall be issued for filming upon public land unless the applicant shall provide the Township with satisfactory proof of the following:

(a) Proof of insurance coverage as follows:

(1) For bodily injury to one person in the amount of $1,000,000 and any occurrence in the aggregate amount of $5,000,000.

(2) For property damage for each occurrence and in the aggregate amount of $1,000,000.

(b) An agreement in writing whereby the applicant agrees to indemnify and save harmless the Township from any and all liability, expense, claim or damages resulting from use of public land.

(c) The posting of a cash bond of $2,500 or a maintenance bond of $5,000 running in favor of the Township and insuring the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Township Ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the Township will return the bonds if there has been no damage to public property or public land caused by the filming. The amount of this bond is subject to final determination by the Township Attorney and Township Council.

(d) The hiring of an off-duty police officer for the times specified in the permit, as may be deemed necessary or appropriate by the Police Director or Police Chief.

3. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public land and shall comply with all lawful directives issued by the Township.

4. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort of adjoining property owners attributable to such filming and shall, to the greatest extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public land and limit, to the extent possible, any interference with normal public activity on the public land. Where the applicant's production activity by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Director. Said objections shall form a part of the applicant's application and be considered in the review of same. The Director may impose any necessary or appropriate restrictions as to the time, date, and process of filming. Proof of service and notification of adjacent owners shall be submitted to the Township Clerk at least two days before the requested shooting date.

5. Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. Any requests for night scenes or weekends shall be approved in the permit or by a waiver to be granted in accordance with this subsection on five days' written notice to all property owners within 200 square feet of the proposed night time filming.

6. The Director may refuse to issue a permit whenever he or she determines, on the basis of the objective facts and after review of the application and a report thereon by the Police Department that filming at the location and/or the time set forth in the application will violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, the Township reserves the right to require one or more on-site police officers in situations where the proposed productions may impede the proper flow of traffic, the cost of said police officers to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

7. Any person aggrieved by a decision of the Director denying or revoking a permit or a person requesting relief under Subsection d,8 may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Municipal Clerk. An appeal from a decision of the Director shall be filed within 10 days of the Director's decision. The Township Council shall set the matter down for a hearing within 30 days of the date on which the notice of appeal was filed. The decision of the Township Council shall be in a form of a resolution.

8. The Director may authorize the waiver of any of the requirements or limitations of this subsection, and may authorize filming other than the hours herein described or may permit filming at a particular location in a residential zone for more than three days, to a maximum of 10 days at any one location other than in connection with a major motion picture as further provided for in Subsection e., or may waive any other limitation or requirement of this subsection whenever he or she determines that such a permit may be issued without endangering the public health, safety and welfare. In determining whether to issue a waiver under this section, the Director shall consider the following factors:

(a) Traffic congestion at the location caused by vehicles to be parked;

(b) Applicant's ability to remove film and related vehicles off the public streets;

(c) When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;

(d) Nature of the film shoot itself (e.g., indoor, outdoor, day or night);

(e) Prior experience of the applicant within the Township, if any; and

(f) Consultation with the Mayor and Council.

9. Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place, and to The New Jersey Motion Picture and Television Commission. The applicant shall permit the Fire Prevention Bureau or other Township inspectors to inspect the site and the equipment to be used at any time. The applicant shall comply with all safety instructions issued by the Fire Official or other Township Inspectors and employees.

10. In addition to any other fees or costs mentioned in this subsection, the applicant shall reimburse the Township for any loss of revenue, such as parking meter revenue, repairs to public property or other revenues or expenses that the Township has either incurred or been prevented from earning because of the filming.

11. The permit shall be readily available for inspection at all times at the site of the filming.

e. Special Regulations for Major Motion Pictures.

1. When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of filming by specific reference by day or date shall not exceed five days in duration or as otherwise determined at the discretion of the Planning Director.

2. Any days necessary to be used for set up and preparation for a major motion picture filming may, in the discretion of the Director, be counted as filming days where such set up is anticipated to involve any of the factors set forth in Subsection d8 above.

f. Fees. In addition to direct reimbursement for all expenses including but not limited to police, fire, public safety, public works, overtime incurred by Township employees and other expenses incurred by the Township for any filming that takes place within the Township, the scheduled fees for the issuance of permits authorized by this subsection shall be as follows:

1. Basic filming permit: $150.

(a) Where an applicant requests a waiver pursuant to Subsection d8, and requires expedited processing of the permit application, the basic filming permit shall be $300.

2. Daily filming fee payable in addition to the basic filming permit are as follows:

(a) Major motion pictures: $3,000/day.

(b) Other filming: $1,000/day.

3. The following groups shall be exempt from the basic filming permit and per diem fees, and instead shall be charged only a $25, one-time fee for filming:

(a) Not-for-profit organizations; and

(b) Students of an educational facility filming for educational purposes only.

g. Violations and Penalties. Any person violating this subsection or these rules and regulations or any instructions provided by the Fire Official or any other Township inspector or employee, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or by imprisonment not exceeding 90 days, or both. A separate defense shall be deemed committed for each day during which the violation occurs or continues. The fines or penalty set forth herein shall be in addition to any other penalties which may be incurred.

§ 25-25 (RESERVED)

§ 25-26 CONSERVATION DISTRICT.

§ 25-26.1 Creation and Purpose.

[Ord. No. 2357-12 § 25-26.1]

There is hereby created a Conservation District, the purpose of which is to restrict development of public lands and to thereby promote conservation of open spaces and valuable resources.

§ 25-26.2 Public Lands within the Conservation District.

[Ord. No. 2357-12 § 25-26.2]

The following Public Lands are designated as being within the Conservation District:

a. Lands designated as Category C on the Zoning Map of this chapter used as public parks or public recreation areas, passive or active.

b. Areas of potential use as public parks or public recreation areas designated on the Zoning Map as Category C.

c. Undeveloped lands designated as Category C on the Zoning Map of this chapter which may have one or more of the following characteristics:

1. Environmental sensitivity.

2. Scenic views.

3. Wildlife.

4. Steep slopes.

5. Wetlands.

d. Lands which are vital to the preservation of regional water supplies as designated on the Zoning Map as Category C.

§ 25-26.3 Permitted Principal Uses in the Conservation District.

[Ord. No. 2357-12 § 25-26.3]

In the Conservation District, no land or building structure shall be used and no building or structure shall be erected, constructed or altered to be used for any purpose other than the following:

a. Utility facilities related to the protection, preservation or distribution of Regional Water Supplies.

b. Park and recreation uses in areas meeting the definition of "open space" as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-5.

c. Forestry and natural cover, which are valuable in protecting Township wetlands and bottom lands that have a high water table or are subject to floods.

d. The following uses, subject to the approval of the Planning Board:

1. Works for watershed protection, municipal water supply, power line rights-of-way, garbage disposal facilities and sewerage disposal facilities.

2. Noncommercial outdoor recreational uses limited to park, playground, athletic field, tennis, firearm and archery ranges, swimming and ice skating, together with customary accessory uses and buildings, including a clubhouse, provided that prior to public hearing the applicant shall obtain and deliver to the Planning Board reports from the Township Health Officer and from the New Jersey State Department of Environmental Protection indicating that proposed structure or use will not seriously interfere with the flow of floodwater and will not endanger the public health and safety.

3. A Township owned, sponsored, or supported animal shelter may be created within the Conservation District but only upon Block 170, Lot 13.

§ 25-26.4 Accessory Uses.

[Ord. No. 2357-12 § 25-26.4]

Uses customarily associated with the above uses, provided such accessory uses are subordinate to the principal use and serve only the principal use are permitted.

§ 25-26.5 Yards.

[Ord. No. 2357-12 § 25-26.5]

For outdoor recreational facilities, for buildings and for structures, the front yards, side yards and rear yards shall not be less than 50 feet from all street and property lines.

§ 25-26.6 Height of Buildings and Structures in Conservation District.

[Ord. No. 2357-12 § 25-26.6]

No building or structure shall exceed one story or 25 feet in height, except that works for watershed protection and facilities for water supply and sewage disposal shall not exceed 40 feet in height.

§ 25-26.7 Off-Street Parking.

[Ord. No. 2357-12 § 25-26.7]

Off-street parking facilities for uses permitted under Subsection 25-26.3 shall be constructed or so located upon the lot as to have direct access to a public street or a private street as of the effective date of this subsection.

§ 25-26.8 Coverage.

[Ord. No. 2357-12 § 25-26.8]

Not more than 25% of a lot shall be covered by buildings or structures, accessory buildings, and parking lot for the buildings and structures.

§ 25-26.9 Interpretation of Restrictions.

[Ord. No. 2357-12 § 25-26.9]

The restrictions and controls imposed by this section are intended to be in addition to any other restrictions imposed by this chapter. Where this section imposed greater restrictions upon the use of buildings or premises of this chapter, then the provisions of this section shall control and supersede such other provisions.

§ 25-26.10 Periodic Review.

[Ord. No. 2357-12 § 25-26.10]

This section shall be periodically reviewed by the Mayor, the Township Council and the Planning Board consistent with its required periodic Master Plan Review.

§ 25-26.11 Amendments.

[Ord. No. 2357-12 § 25-26.11]

In the event that amendments are proposed to this section or to Schedule I of this chapter, the Chairperson of the Environmental Commission shall be notified in writing prior to first reading.

§ 25-26.12 Resolutions Affecting Land in the Conservation District.

[Ord. No. 2357-12 § 25-26.12]

The Environmental Commission is to be notified, in writing, of any resolutions, proposed by or to the Township Council, which would impact any of the land designated as part of the Conservation District.

§ 25-26.13 Schedule I.

[Ord. No. 2357-12 § 25-26.13; amended 4-14-2020 by Ord. No. 2603-20]

A schedule (Schedule I) is added to this chapter which lists those properties that are subject of this section and which are depicted on the Zoning Map. Where a difference exists between Schedule I and the Zoning Map, Schedule I controls.

SCHEDULE I

PUBLIC LANDS WITHIN THE CONSERVATION DISTRICT

In accordance with the provisions of Subsection 25-26.2 the following lands shall be designated as being within the Conservation District.

			Block	Lot(s)
a.	Public Parks and Public Recreational Areas.
	1.	South Mountain Reservation	163	2,5,8
			164	1
	2.	Eagle Rock Reservation	150	1
	3.	May Apple Hill Park	167	1
	4.	City of Orange Reservoir	162	2
			163	1
	5.	O'Connor Park	172	29.02
	6.	Boland Park	165.06	1
	7.	Francis Byrne Golf Course	157.01	11
	8.	Degnan Park	154.19	6
	9.	Woodhull Field	55	8
	10.	Colgate Field	125.02	106
	11.	Lancaster Park	155.11	10, 12, 14, 16, 18, 22, 24
	12.	Rolling Green Hills	86.05	1,2
	13.	Stagg Field	168	25
	14.	Mt. Pleasant School Field	172	29.01
	15.	Pleasantdale School Field	176.01	7
	16.	Washington School Field	125.01	40,45,63
	17.	Administration Building Field	154	20.03
	18.	Jenkins Field	16	5
	19.	Lafayette Park	61	27
	20.	Club Boulevard Tot Park	52.12	17
	21.	Byrne Park	118	20.01,32
b.	Potential Public Parks and Public Recreational Areas.
	1.	Crystal Lake Portion dedicated to Township	107	1.02
	2.	Area adjacent to Route 280	172.05	2-18
			172.06	2-26
			172.08	2-22
			172.09	2-14
			172.10	18-22
			172.22	6
			174	619
			174	620
			175.04	7-13, 414-420
			175.05	1-480, 482-598
			175.06	1-6
			175.07	1-2
			175.08	1-6
			175.09	7-10
			175.13	3-4
			175-26	573-612
			175-27	520-559
			175-28	462-502
			175-29	405-446
	3.	Area adjacent to Dogwood Road	165.06	1
	4.	Woodland Tract	170	13, 15.03, 17
c.	Other Areas of Environmental Concern.
	1.	Land adjacent to Lancaster Field	155.11	34-35
	2.	Land adjacent to West Orange First Aid Squads	155.12	19
	3.	Wetlands on Byrne Golf Course Areas	157.01	Part of II
	4.	Wetlands on Woodland Avenue	152.07	4
	5.	Steep slope on Valley Way	140.02	50
	6.	Northfield-Rock Spring Avenue Tract	159.05	1-8,10
	7.	West Orange Armory	171	1,3

§ 25-27 TREE PROTECTION AND REMOVAL.

§ 25-27.1 Title.

[Ord. No. 2357-12 § 25-27.1]

This chapter shall be known as the "Tree Protection and Removal Ordinance of the Township of West Orange."

§ 25-27.2 Findings and Purpose.

[Ord. No. 2357-12 § 25-27.2]

a. The Township Council of the Township of West Orange finds that: trees are among the Township's most valuable natural resource assets, greatly enhancing the appearance of the Township and contributing to its suburban residential character; the integrity of Township and regional water resources is substantially affected by development on constrained land (e.g., steep slopes, wetlands and reduced depth to groundwater), tree removal, soil disturbance, stormwater management and the general use of land resources; the preservation, protection and planting of trees aids in the stabilization of soil by the prevention of erosion and sedimentation, reduces stormwater runoff and the potential damage it may create, increases groundwater recharge thus enhancing the groundwater supply to streams and wetlands and the yield of water supply wells, aids in the removal of pollutants from the air and assists in the generation of oxygen, provides a buffer and screen against noise and pollution, provides protection against severe weather, aids in the control of drainage and restoration of denuded soil subsequent to construction or grading, provides a haven for birds and other wildlife and otherwise enhances the environment, protects and increases property values, conserves and enhances the Township's physical and aesthetic appearance, and generally protects the public health and safety as well as the general welfare.

b. Numerous governmental, professional, educational and business sources have cited the importance of trees to our well-being: "One acre of forest absorbs six tons of carbon dioxide and puts out four tons of oxygen, enough to meet the annual needs of 18 people." (U.S. Department of Agriculture). In one study, 83% of realtors expressed the belief that mature trees have a "strong or moderate impact" on the salability of homes listed for under $150,000 and on homes listed for over $250,000 this perception increased to 98% (American Forests, Arbor National Mortgage). Healthy, mature trees are said to add an average of 10% to a property's value (USDA Forest Service). "Landscaping, especially with trees, can increase property values as much as 20%." (Management Information Services/ICMA). "The net cooling effect of a young, healthy tree is equivalent to 10 room-size air conditioners operating 20 hours a day." (U.S. Department of Agriculture). "If you plant a tree today on the west side of your home, in five years your energy bills should be 3% less. In 15 years the savings will be nearly 12%." (Dr. E. Greg McPherson, Center for Urban Forest Research). "Trees properly placed around buildings can reduce air conditioning needs by 30% and can save 20% to 50% in energy used for heating." (USDA Forest Service). "In laboratory research, visual exposure to settings with trees has produced significant recovery from stress within five minutes, as indicated by changes in blood pressure and muscle tension." (Dr. Roger S. Ulrich, Texas A&M University).

c. It is the purpose of this section to protect and foster the existence and health of trees growing within the Township's borders, to preserve the maximum possible number of trees in the development of a site or lot, to protect specimen trees, to encourage innovative design and grading to promote the protection of existing trees, and to prevent indiscriminate, uncontrolled and excessive removal and cutting of trees, as well as land use activities inconsistent with accepted arboricultural practices, which contribute to the destruction of or permanent injury to trees upon lots and tracts within the Township. The standards and procedures established by this chapter are intended to furnish criteria for the use of Township boards, committees, commissions and officers in evaluating applications for tree removal and for site plan, subdivision and other land development approvals. They are further intended to inform those with interests in real property in the Township of the requirements to be followed with respect to trees located in the Township. The purpose of this section is to protect trees, the environment, and owners of real property who would be affected adversely by the removal of trees from property belonging to another person. The issuance of permits is a procedure designed to effectuate these goals.

§ 25-27.3 Definitions.

[Ord. No. 2357-12 § 25-27.3; amended 11-24-2020 by Ord. No. 2616-20]

The following definitions shall apply to this chapter:

CONSERVATION EASEMENT

A legal covenant restricting the use of land or natural features of the land that is described in the property deed and shown on a filed plat.

DBH

The measurement of the diameter of the trunk of a tree planted in the ground taken 4.5 feet from ground level on the uphill side of the tree.

DEVELOPMENT APPLICATION

An application filed with the Township Planning Board or Board of Adjustment pursuant to the Municipal Land Use Law and the Township land development ordinances for approval of a 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 N.J.S.A. 40:55D-3.

DRIP LINE

A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground beneath.

ENDANGERED OR THREATENED SPECIES

Any species of tree or animal which has been determined by the Federal Fish and Wildlife Service or the State of New Jersey to be endangered or threatened.

IMPROVED LOT

A single parcel of land with a residential or commercial structure, that is occupied pursuant to and in compliance with all applicable laws and regulations.

LAND USE BOARD

The Planning Board or Zoning Board of Adjustment of the Township of West Orange.

MAJOR TREE

A tree species with a mature height of at least 50 feet, which shall be at least a 2.5-inch caliper at the time of planting.

MINOR TREE

An evergreen tree, ornamental tree or other small tree at least six feet in height at the time of planting.

NONVIABLE TREE

A tree that the officer or a qualified tree expert certifies is dead, dying, diseased or too damaged to survive.

OFFICER

The person primarily responsible for enforcing this chapter and who is qualified to do so by having the status of a New Jersey approved forester, New Jersey licensed tree expert, or an International Society of Arboriculture approved arborist, employed by, or appointed by, the Township of West Orange to implement this chapter and to carry out other related responsibilities as the Township may provide, including, but not limited to, developing and recommending to the Council a Township Woodlands Retention and Protection Plan and a Township Tree Inventory and Planting Schedule.

PERSON

The owner of a parcel of real estate or any other individual, group, company, firm, corporation, partnership, association, society or other legal entity.

QUALIFIED TREE EXPERT

A New Jersey licensed landscape architect, New Jersey approved forester, New Jersey licensed tree expert, or International Society of Arboriculture approved arborist.

REPLACEMENT TREE

A tree of a species approved by the officer and of nursery grade, properly balled and burlapped, meeting the minimum measurements of a major or minor tree, respectively.

SPECIES

The common name of a tree.

SPECIMEN TREE

A tree in good health of unusual or exceptional form, size, age or shape for its species as evidenced by its inclusion in New Jersey's Big Tree List, or database, published and coordinated by the New Jersey Forest Service, or having a champion tree point total (girth in inches plus height in feet, plus one quarter of average crown spread in feet) within 10% of the point total of a tree of the same species listed in New Jersey's Big Tree List, published in "New Jersey's Big Trees," by the New Jersey Forest Service.

STRUCTURE

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.

TREE

A self-supporting perennial woody plant having a diameter of at least four inches measured at a point 4.5 feet (or 54 inches) from the ground at the base of the tree on its uphill side.

§ 25-27.4 Permit Required; Prohibitions and Exemptions.

[Ord. No. 2357-12 § 25-27.4; 11-24-2020 by Ord. No. 2616-20]

a. Permit. Any person desiring to cut down or remove a tree shall file an application for a tree removal permit issued pursuant to this chapter and shall not commence the cutting down or removal of any tree without first having been issued a permit. A tree or trees within two feet of any property boundary shall also require written notice of the filing of a permit application to the neighboring property owner who shares the property boundary.

b. Prohibitions. Notwithstanding Subsection a above, no person shall be permitted to do any of the following:

1. Cut down or remove any tree within wetlands, flood hazard areas, riparian zones, or other areas protected by state or federal law or applicable EPA or NJDEP regulations;

2. Cut down or remove any tree within a conservation easement;

3. Engage in activities which could cause a tree to die, including but not limited to topping, grade cut or fill, soil compaction within the drip line, chemical contamination, excessive drainage alterations or mechanical damage.

4. Cut down or remove any tree on a slope of 15% or greater in grade or on a slope where vegetation is presently stabilizing soils where a tree removal permit is submitted in connection with a development application, or a parcel upon which a new development is contemplated.

5. Cut down or remove any tree unless the cutting or removal is performed by a tree care professional: (i) duly licensed under the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C-11 et seq.; and (ii) is licensed by and registered with the Township of West Orange Department of Public Works pursuant to Chapter 5, § 5-26 of the Revised General Ordinances of the Township of West Orange Township.

c. Exemptions. The following are exempt from the permit requirement of Subsection a above:

1. For purposes of administrative convenience, up to three living trees may be removed on an improved lot within any three-hundred-sixty-five-day period. This exemption shall only apply to trees with bases that are more than two feet from any property boundary. For enforcement and record-keeping purposes, every person or business removing one or more trees pursuant to this exemption shall file a tree removal report with the officer on a form to be provided by the officer, to document the tree(s) removed and date of removal. The tree removal report shall be filed no later than five days before removal of the tree(s).

2. Cutting down or removal of a nonviable tree, or a tree that is an immediate hazard to structures or human life or property provided that the tree stumps must remain for subsequent inspection by the officer.

3. Activities lawfully conducted on public lands or rights-of-way by or on behalf of a local, county, state, federal or other governmental agency or entity, or a utility company.

4. Tree removal in conjunction with a Woodland Management Plan(s) approved by the N.J. Forest Service.

5. Tree removal on a golf course which is greater than 75 feet from a property boundary

d. Development applications. With regard to every development application that involves proposed tree removal, the applicant shall:

1. Schedule a meeting with the officer in connection with the development application for the purpose of evaluating the impact of this chapter on the plans for development;

2. Submit a qualified tree expert's report setting forth a tree removal and tree replacement plan when applicable.

§ 25-27.5 Application Procedure.

[Ord. No. 2357-12 § 25-27.5]

a. Every application for a tree removal permit shall be made by submission of the following:

1. An original and two copies of an application on forms provided by the Township containing the following information: the name and address of the applicant; the street address and tax lot and block of the property in question; and the number of trees proposed to be removed;

2. The submission of such additional information as the officer may require to assist him in the processing of the tree removal permit.

b. Upon request, the officer shall assist any person who desires to apply for a tree removal permit with completing the application required by this section.

c. Every development application shall include a tree removal plan which shall include a map drawn to scale showing the location of all trees to be removed and a qualified tree expert's report addressing factors and the standards set forth in Subsection 25-27.7.

d. The applicant shall clearly mark, in a manner approved by the officer, the trunk of each tree proposed to be removed at a height of 4 1/2 feet above the ground so that such tree or trees may be inspected more easily by the officer.

§ 25-27.6 Fees.

[Ord. No. 2357-12 § 25-27.6]

a. Except as provided below, the basic, nonrefundable fee for processing a tree removal permit application for an improved lot which is not the subject of a development application shall be $25, intended to cover such processing costs to the Township as a preapplication meeting, review and evaluation of the application, requisite site inspections, and communications with the applicant including those relating to issuance or denial of a tree removal permit.

1. Fees shall be waived for nonviable trees, as certified by the officer.

b. In the case of an application for a tree removal permit related to a development application, the nonrefundable fee shall be $300, intended to cover the same costs to the Township stated in Subsection a of this section.

§ 25-27.7 Procedures, Factors and Standards for Application Review and Approval.

[Ord. No. 2357-12 § 25-27.7]

a. Site Inspection. Within 20 days after receipt of an application for a tree removal permit, the officer shall communicate with the applicant and arrange for a site inspection. Submission of the application shall be deemed consent for the officer to enter onto the property on which the tree(s) to be removed is located during normal and reasonable business hours, but reasonable efforts should be made for the applicant to be present to answer the officer's questions and also to provide an opportunity for the officer to provide advice about the condition, value and recommended care of all of the trees on the applicant's property to better meet the educational purpose of the chapter. The officer's inspection should confirm the location of the tree(s) sought to be removed, the reason(s) for the removal request, should note any risk factors for other trees on the property, and the likelihood of potential problems, such as increased soil erosion, water runoff, drainage problems, the presence of bedrock or steep slopes, and safety concerns on the subject property and on adjoining property, and make other appropriate officials aware of those potential problems and concerns. Any permit not acted upon within a period of 12 months after issuance shall become null and void.

b. Factors to be Considered Where Tree Removal is Sought. In deciding whether to issue a tree removal permit in connection with a development application, the Land Use Boards shall consider the following factors and in deciding all other applications, the officer shall consider the following factors:

1. Whether the proposed cutting down or removal would impair the growth and development of the remaining trees on the applicant's property or on adjacent properties;

2. Whether the proposed cutting down or removal would change existing drainage patterns;

3. Whether the proposed cutting down or removal would allow soil erosion or would increase dust;

4. Whether the proposed cutting down or removal would increase the amount of stormwater runoff on other properties in the area, whether contiguous or not;

5. Whether the proposed cutting down or removal would constitute a significant change in the screening between existing or proposed buildings or roads on the site and adjacent land or in the wooded aspect of the lot as viewed from any adjacent public road;

6. Whether the proposed cutting down or removal would constitute a horticulturally advantageous thinning of an existing overgrown area or the removal of dead or diseased trees;

7. Whether proposed changes in the topography of the area where such tree(s) are located will create conditions, which may be injurious to the trees or other trees located nearby so as to require welling, construction of an aerification system, or tree removal or replacement; and

8. Whether the proposed cutting or removal would remedy a safety hazard to persons or structures.

c. Review Standards to be Applied Where Tree Removal is Sought. A tree removal permit may only be granted subject to the following terms and conditions:

1. Applicant shall demonstrate that:

(a) To the greatest extent possible, existing vegetation shall be preserved;

(b) To the greatest extent possible, specimen trees and other large trees ten-inch DBH and greater) shall be preserved;

(c) On all residential lots existing natural screening and woodlands between lots, along property lines and between buildings shall be preserved to the greatest extent possible;

(d) Suitable habitats shall be preserved for species of animals (including migratory animals) that are designated as endangered or threatened by Federal or State governmental authorities to the greatest extent possible;

2. The appropriate Land Use Board must make an express finding that the tree removal proposed by the applicant will not result in or cause, increase or aggravate any or all of the following conditions:

(a) Impaired growth or development of remaining trees or shrubs on the property of the applicant or upon adjacent property;

(b) Soil erosion, sedimentation and dust;

(c) Stormwater or drainage problems;

(d) Significant diminution of the screening between existing or proposed buildings or roads on site and adjacent land or in the wooded aspect of the lot or site from any adjacent road;

(e) Sewerage problems; or

(f) Dangerous or hazardous conditions.

§ 25-27.8 Approval of a Permit and Tree Replacement Requirement.

[Ord. No. 2357-12 § 25-27.8]

a. To approve a tree removal permit connected with a development application or a proposed new development project, the Land Use Board also must find the following:

1. At least 30% of the trees on each particular lot or development site shall be preserved;

2. All other applicable ordinances and Federal and State statutes and regulations have been complied with.

b. Any tree removal permit in connection with a development application or a proposed new development project shall specify that no trees may be removed until after installation by the applicant of stormwater runoff controls and Soil Erosion measures that are required by this ordinance, by Title 7, Chapter 8, Section 7:8-5.4 and by Title 2, Chapter 90, Subchapter 1 of the New Jersey Administrative Code, respectively.

c. If the application for tree removal is not the subject of a development application, the officer shall decide within 60 days of the submission of a completed tree removal permit application whether or not to grant the tree removal permit and shall promptly notify the applicant and any objectors. However, where the application is made in connection with a development application, the decision on the application for a tree removal permit shall be made by the Land Use Board and, if the application is granted, the permit shall be issued by the officer.

d. Immediately after a decision is rendered granting a tree removal permit, the applicant shall visit the site and clearly mark each tree that has been approved for removal. In the case of a new development, the applicant must give the officer notice of when the tree removal is proposed to take place at least two weeks in advance. If the officer cannot be present on the day or days proposed for removal, he shall designate days for the removal when he can be present, which shall be binding on the applicant. The officer shall be present on the site to monitor all cutting and removal of trees, in order to ensure that only those trees which he authorized to be cut down and removed are cut down and removed and that all trees which he required to be preserved are preserved.

e. No tree cutting or removal may take place in connection with a new development unless the Township Engineer has inspected the site and certified that all soil erosion and sediment controls and stormwater runoff controls required by this chapter and applicable State law have been installed and completed. Copies of the certification shall be delivered to both the applicant and the officer by the Township Engineer immediately after it is made.

f. Permits granted under this section shall run with the land and shall remain in force and effect for 12 months from the date of issuance.

g. Tree replacement, as approved by the officer, Land Use Board, or Township Engineer, shall be required on the removal site as follows:

1.

(a) To the greatest extent possible, for each tree removed pursuant to the standards of this section of a DBH of four inches to no more than six inches, the applicant shall plant a major or minor tree as defined in this chapter on the removal property; and

(b) To the greatest extent possible, for each tree removed pursuant to the standards of this section of a DBH of more than six inches, the applicant shall plant a major tree as defined in this section on the removal property.

2. In the case of a permit in connection with an improved lot, no tree replacement shall be required.

3. Tree replacement required by this chapter shall be completed within two years of tree removal unless the officer grants an extension until the next appropriate planting season if necessary.

4. In no instance is tree replacement to be considered a penalty, but rather it implements the purposes of this section. Tree replacement shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this section.

§ 25-27.9 Protection of Existing Trees.

[Ord. No. 2357-12 § 25-27.9]

a. In connection with any construction, prior to the issuance of a building permit or start of construction, snow fencing or other protective barriers acceptable to the official charged with the administration and enforcement of this section shall be placed around trees that are not to be removed. The protective barriers shall be placed beyond the drip line, but in no event less than 10 feet from the trunk, of any tree and shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.

b. No person shall:

1. Cut down or remove any tree, except as permitted by this chapter, or allow or cause such cutting or removal;

2. Cause or allow any willful damage, injury or disfigurement of any tree growing within the Township. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result of but not limited to the following: cutting, gashing or slitting of any tree; the pouring of any liquid or other material on any tree; or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil from within the drip line, but in no event less than 10 feet from the trunk, of any tree; or

3. Store or pile building material or debris or place construction equipment within the drip line, but in no event less than 10 feet from the trunk, of any tree.

c. If any tree to be saved in connection with construction as set forth above or any replacement tree planted pursuant to this section shall die within two years it shall be replaced by the applicant or the property owner within six months.

§ 25-27.10 Administration and Enforcement.

[Ord. No. 2357-12 § 25-27.10]

In administering and enforcing this section, the officer, the Township's Construction Official, Zoning Officer, Township Planner, Engineer, Chief of Police, or any other Township officer or designee, is hereby empowered to issue stop work orders whenever a claimed violation of this section is witnessed or reported.

§ 25-27.11 Violations and Penalties.

[Ord. No. 2357-12 § 25-27.11]

a. Any person who violates any provision of this section shall, upon conviction thereof, be punishable by up to the maximum penalties prescribed by N.J.S.A. 40:49-5, establishing maximum penalties for violation of municipal ordinances generally, and as the same may be amended, the maximum penalties at the time of passage of this section being a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any or all of those penalties, and each tree removed or damaged in violation of this section shall be deemed a separate offense. However, if a person is convicted of removing a specimen tree without a permit, he shall be punished by a fine which shall be a minimum of $100 or the highest minimum fine then allowed by N.J.S.A. 40:49-5, and up to the maximum fine then allowed, or by imprisonment for a term not exceeding 90 days, or both.

b. In addition, any person who cuts or removes a tree in violation of this section shall be required to plant a replacement tree on the removal site pursuant to Subsection 25-27.8 of this section. If the tree that was illegally removed was a major tree, he must replant a major tree. If the tree that was illegally removed was a minor tree, he must replant a minor tree.

c. The removal of a tree in violation of this section shall automatically suspend any existing tree removal permit(s) associated with a property and freeze the issuance of any future permits until the matter has been resolved and any required tree replacement has been completed.

§ 25-27.12 Severability.

[Ord. No. 2357-12 § 25-27.12]

If any part of this chapter is determined to be invalid, such part shall be severed and its invalidity shall not affect the remaining parts of this section.

§ 25-27.13 Repeal of Inconsistent Ordinances.

[Ord. No. 2357-12 § 25-27.13]

Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this section be and the same are hereby repealed as to and to the extent of such inconsistency.

§ 25-27.14 Effective Date.

[Ord. No. 2357-12 § 25-27.14]

This section shall take effect upon final passage and publication as required by law.

§ 25-28 STEEP SLOPE AND NATURAL FEATURES ORDINANCE.

§ 25-28.1 Background.

[Ord. No. 2357-12 § 25-28.1; amended 5-24-2022 by Ord. No. 2678-22]

Disturbances of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and• quantity, and the environmental integrity of landscapes.

§ 25-28.2 Statement of Purpose.

[Ord. No. 2357-12 § 25-28.2; amended 5-24-2022 by Ord. No. 2678-22]

It is the purpose of this chapter to provide development controls for all lands located within the Township of West Orange that have within their boundaries topographical conditions hereinafter defined as "steep slopes." These controls are enacted to minimize the potentially adverse impacts associated with disturbance of steeply sloped areas. The most appropriate method of alleviating such conditions is through the regulation of soil disturbance and vegetation removal in steep slope areas; limitation of building and impervious coverage; and reductions of densities and increase in lot areas in areas of steep slope. Such regulation promotes and protects the public health, safety and welfare of the Township in their existing physical state or condition as of the effective date of the enactment of this chapter.

It is also the purpose of this chapter to provide for environmentally sound development of a lot with adequate area located outside of natural features for the use and enjoyment of its occupants.

§ 25-28.3 Definitions.

[Ord. No. 2357-12 § 25-28.3; amended 5-24-2022 by Ord. No. 2678-22]

As used in this section, the following terms shall have the meanings indicated:

BEDROCK

Continuous solid rock that underlies regolith.

CLIFF FACE

A sheer, nearly vertical slope of exposed bedrock.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or clearing, cutting, or removing of vegetation.

EFFECTIVE LOT AREA

An adjustment for the natural features, including steep slopes, state open waters, wetlands, wetland transition areas, floodways, and riparian zones. The effective lot area shall be either equal or greater than the minimum lot area as defined in Subsection 25-7.1, Table of Districts of Regulations.

EXCESSIVE STEEP SLOPE

Any steep slope 25% or greater.

FLOOD HAZARD AREA

The flood hazard area associated with state open waters (streams, rivers, lakes, ponds, etc.) and regulated streams as determined in accordance with the methodologies in the NJ Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 et seq. The flood hazard area shall be determined by NJDEP in a flood hazard area verification pursuant to these rules.

FLOODWAY

The floodway area associated with certain state open waters (streams, rivers) and regulated streams as determined in accordance with the methodologies included in the NJ Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 et seq. The floodway shall be as determined and verified by NJDEP pursuant to these rules.

IMPERVIOUS SURFACE

Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces, or improvements.

RIDGE LINE

The top of the First and Second Watchung Mountains as determined by an analysis of topographic maps.

ROCK CUT

Nearly vertical wall of rock created by or adjacent to roadway construction.

ROCK WASTE

The material comprising the talus slope of sliderock.

STATE OPEN WATER

Streams, rivers, lakes and ponds as defined in the NJ Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A. The location and extent of state open water shall be as determined by the NJ Department of Environmental Protection in a letter of interpretation.

STEEP SLOPE

Any slope equal to or greater than 10% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.

TALUS SLOPE

The apron, cone, or embankment of the rock waste sloping outward from the base of the cliff face that is the course of the rock waste.

TOP OF CLIFF

The portion of a hill located above the cliff face.

WETLANDS

Wetlands as defined in the NJ Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A. The location and extent of wetland transition areas on a lot shall be as determined by the NJ Department of Environmental Protection in a letter of interpretation.

WETLANDS TRANSITION AREA

Wetland transition area as defined in the NJ Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A. The location and extent of wetland transition areas on a lot shall be as determined by the NJ Department of Environmental Protection in a letter of interpretation.

§ 25-28.4 Applicability.

[Ord. No. 2357-12 § 25-28.4; amended 5-24-2022 by Ord. No. 2678-22]

a. This section shall apply to all applications for development in the Township of West Orange.

b. The Planning Board or Zoning Board shall review all plans submitted under this section as part of any application for site plan or subdivision approval.

c. The Township Engineer and the Township Planner, in all cases, shall review all applications for compliance with this section.

§ 25-28.5 Exceptions to Section 25-28.

[Ord. No. 2357-12 § 25-28.5; amended 9-22-2020 by Ord. No. 2617-20; 5-24-2022 by Ord. No. 2678-22]

The terms of this section shall not apply to the following:

a. Existing single-family homes built before the date of this section's approval, additions to such homes, provided that the additions do not extend any closer to the steep slope area, or rebuilding of such homes within the existing footprint after a disaster.

b. Improvements for which preliminary subdivision or site plan approval or construction permits have been issued prior to the effective date of this section.

c. Areas which previously contained structures or other improvements, or were previously graded.

d. Other than where the exceptions set forth herein apply, all applications for subdivision or site plan approval shall be reviewed under these requirements by the applicable land use board and its professionals to determine the presence of steep slopes and other natural features, if any, on the subject property and compliance with the provisions of this chapter. All construction permit applications that include grading or clearing of any lot, other than those within the scope of the exceptions set forth herein, shall be reviewed under these requirements by the Township Engineer and the Township Planner.

§ 25-28.6 Initial Procedure.

[Ord. No. 2357-12 § 25-28.6; amended 5-24-2022 by Ord. No. 2678-22]

a. Applicants for site plan approval or subdivision approval shall submit to the Department of Planning and Development all information and documents required by this section.

b. The Township Planner shall process all exhibits submitted under this section in the same manner as applications for subdivision approval and/or site plan approval.

§ 25-28.7 Information Required.

[Ord. No. 2357-12 § 25-28.7; amended 5-24-2022 by Ord. No. 2678-22]

a. For all sketch plats, sketch site plans, subdivisions and site plans, the following exhibits shall be submitted:

1. A colored topographic map, prepared, signed and sealed by a New Jersey licensed engineer and surveyor showing existing contours at two-foot intervals, extending a minimum of 200 feet beyond the property lines.

2. Areas clearly noted in different colors on the topographic map showing the following slopes as measured between two-foot contour lines designated as areas one through five: Area 1: 0% to 10%; Area 2: 10% to 14.99%; Area 3: 15% to 19.99%; Area 4: 20% to 24.99%, and Area 5: 25% or more.

3. Calculations, in square footage and acres, of amount of area in the various slope categories listed above.

4. On the colored topographic map superimpose all existing trees as defined under the tree ordinance and mark tree to be removed.

5. On the colored topographical map, superimpose the location of the state open waters, wetlands, wetland transition areas, flood hazard areas, floodways, and riparian zones.

6. A separate map shall be prepared showing proposed improvements overlain on the preceding color topographic map.

b. Where development is proposed on slopes greater than 10% as part of preliminary subdivision approval, or preliminary site plan approval the following additional exhibits, prepared, signed and sealed by a New Jersey licensed engineer shall be submitted.

1. Identification of soil types on the property, with specific reference to highly erodible soils as identified by the United States Department of Agriculture Soil Conservation Service or other recognized authority;

2. Erosion potential of exposed soils;

3. Length, steepness and surface roughness of exposed slopes;

4. Resistance of soil to compaction and stability of soil aggregates;

5. High-water table, water infiltration capacity and capacity of soil profile;

6. Type and location of construction activity, including the amount of site grading;

7. Location of construction access roads;

8. Stormwater management plan;

9. Soil erosion and sediment control plan, including, but not limited to, a plan explaining how the applicant will minimize adverse impacts upon existing natural features;

10. Plans and specifications for any retaining walls, steps, or other soil protective structures proposed;

11. A stabilization and revegetation plan prepared, signed and sealed by a New Jersey professional engineer, including a complete description of the existing vegetation, the vegetation to be planted and slope stabilization measures to be installed;

12. The developer of a parcel with steep slopes shall submit a geotechnical analysis of the slope stability and the need for remedial work such as shaping of the rock face, pinning and/or grouting of the exposed rock for stabilization and the installation of safety netting in areas of concern. The geotechnical analysis shall be performed by a qualified Professional geotechnical engineer licensed in the State of New Jersey, with a minimum of five years of professional experience in the geotechnical field. The analyses of local and global, rock slide, and rock face slope stability shall be conducted by a qualified professional geotechnical engineer adhering to the principles of geotechnical engineering for soil and rock mechanics, and utilizing conventional methods of analyses. The determination of slope stability shall include, but is not limited to, geologic research, subsurface explorations, laboratory testing to assess soil/rock properties, visual evaluations, stereoscopic analyses of the rock face, and adequate factors of safety against failure;

13. In areas where the potential for rockslides exists, a rock fall zone, or catchment area width, shall be provided at the toe of slope. The required width of the rock fall zone would be determined by the geotechnical engineer utilizing established criteria such as those developed by Arthur M. Ritchie and included in the Rockfall Catchment Area Design Guide. (https://www.dot.ny.gov/main/businesscenter/designbuildproject13/repository/Oregon%20DOT%20Rockfall%20Area%20Design%20Guide%20-%2020141211.pdf)

14. If the parcel being developed is adjacent to a parcel with steep slopes, then the developer shall obtain the approval of the owner of the adjacent parcel to perform the required geotechnical analysis to determine the slope stability and the potential for rockslides. If the developer is unable to obtain the approval of the owner, then the geotechnical engineer shall evaluate the worst-case scenario and shall provide an appropriate rock fall zone as discussed above.

15. The developer of a parcel with steep slopes shall prepare a maintenance plan to ensure that the slope is maintained in a safe and stable condition over the years. The maintenance plan shall include site inspections every two years which would include visual observations with pertinent photos of the slope, rock face, and vegetation status at the site. The steep slope maintenance plan must be prepared by a New Jersey licensed geotechnical engineer and must be recorded against the deed of record for each property on which the steep slope is located. The steep slope maintenance plan shall address, but not be limited to, the following: monitoring movement and property condition changes, inspection and maintenance of slope drains, installation of drought-tolerant ground cover, over-irrigation of slope landscaping, direct drainage to slopes, disposal of soil or debris on slopes, ponding of water against retaining walls, monitoring movements and property condition changes. If any deficiencies are noted during the inspection, the necessary corrective action must be taken. Copies of the inspection reports must be filed with the Township of West Orange immediately following completion of the inspection.

16. For areas at the top of a steep slope or adjacent to a parcel with steep slopes, a minimum setback of 50 feet is required from the top of slope to any proposed improvements such as buildings, roads, parking lots, septic fields, swimming pools, hot tubs, ponds, or other uses at or near the top of steep slopes, except as otherwise recommended by a qualified professional. Where development is near steep slopes greater than 30%, increase setback to a minimum of 100 feet, except as otherwise recommended by a qualified professional. The minimum setback shall be established considering site-specific topographic conditions and the recommendations of the qualified professional geotechnical engineer performing the slope stability analysis.

17. Other engineering data deemed reasonably necessary by the Township Engineer and Planner to determine compliance with this chapter.

§ 25-28.8 Limitations on Development in Steep Slope Areas.

[Ord. No. 2357-12 § 25-28.8; amended 5-24-2022 by Ord. No. 2678-22]

a. No soil or vegetation shall be disturbed or structures constructed within 100 feet of the ridge line, cliff face, and rock cuts along the roadways or quarries as defined herein, including, but not limited to, those identified in Exhibit A attached hereto, dated December 4, 1989, unless otherwise recommended by a qualified professional geotechnical engineer performing the geotechnical analysis stipulated in Subsection 25-28.7b12 above. (Exhibit A may be found on file in the Township offices.)

b. Disturbance of steep slopes and excessive steep slopes shall not exceed the limits established in Table One.

Table 1
All Districts
	Slope	Maximum Disturbed Area
1.	0% to 10%	100%
2.	10% to 14.99%	60%
3.	15% to 19.99%	40%
4.	20% to 24.99%	20%
5.	25% or greater	0%

c. Disturbances of slopes of 25% or more is prohibited.

d. Effective lot area for all districts (restrictions for effective lot area)

Table 2-Effective Lot Area

(All Districts)

The area of a lot shall be reduced dependent upon the slopes present on the lot as well as the presence of other natural features including wetlands, wetland transition areas, state open waters, floodway and riparian zones. Permitted density on the lot is based on the effective lot area. The building and impervious coverage are also computed on the effective lot area.

	Slope	Usable Lot Area	Adjustment Factor
1.	0% to 10%	100%	1.0
2.	10% to 14.99%	60%	0.6
3.	15% to 19.99%	40%	0.4
4.	20% to 24.99%	20%	0.2
5.	25% and over	0%	0.0

e. All wetlands, wetlands transition areas, state open waters, floodways, riparian zones, lands within 100 feet of a cliff face and lands within 100 feet of a ridge line are treated as 100% lot reduction and are excluded from effective lot area. Wetlands, wetland transition areas, state open waters, floodways, riparian zones, lands within 100 feet of a cliff face and lands within 100 feet of a ridge line in areas of steep slopes and excessive steep slopes shall be counted once as a 0.0 area of disturbance and not result in a further reduction of useable lot area.

Example: A six-acre parcel where one acre is 0% to 10% slope has no adjustment. One acre at 10% to 14.99% is 0.6, one acre at 15% to 19.99% will be 0.4, one acre at 20% to 24.99% is 0.2 and one acre at 25% and over is 0.0. Next step is to add 1, 0.6, 0.4, 0.2, and 0 which equals 2.2. That means in the six-acre parcel the effective lot area is 2.2 acres.

f. The land use board's review and the Municipal Engineer's review of applications for construction, soil disturbance, or vegetation removal subject to these requirements shall include a review of the submissions required by this section of this chapter. The review will include an evaluation of the following factors:

1. The proposed activity will be conducted in compliance with Hudson-Essex-Passaic Soil Conservation District requirements and Chapter 30, Soil Removal.

2. Provisions shall be made for the proper disposition of surface water runoff so that it will not increase unstable conditions. Appropriate storm drainage facilities will be constructed.

3. Provision shall be made for any structure of protective measures that may be required for the protection of public safety or to prevent erosion, including, but not limited to, retaining walls, guide rails, headwalls and fences.

4. Any proposed building or structure or other protective measures shall not impede the flow of surface water through any watercourse.

5. Any proposed vehicular facilities, including roads, drives or parking areas, shall be designed to comply with this section and the Hudson-Essex-Passaic Soil Conservation District requirements.

6. Grades along streets and driveways shall be governed by the Residential Site Improvement Standards. The connection of any driveway to street shall be by a vertical curve of sufficient radius to provide a smooth transition. The horizontal angle of the intersection of a driveway with a street shall not be less than 60°.

7. Any fill placed on the lot shall be properly stabilized and, when found necessary, depending upon existing slopes and soil types, supported by retaining walls and other appropriate structures as approved by the Township Engineer.

8. Sidewalk, driveways, new streets and walkway slopes shall not exceed 6% unless a ramp and steps are provided, except where superseded by the Residential Site Improvement Standards.

9. There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.

10. Changes in the grade shall not exceed slope of three to one unless supported by retaining walls.

11. Retaining walls will comply with the applicable wall height requirements for the zone in which the property is located. All retaining walls greater than four feet in height shall require a variance and certification by a professional engineer that the wall was constructed in accordance with approved plans.

12. Fill material shall not consist of or include organic material, nor rocks greater than eight inches in diameter. Fill material shall be compacted to 90% of the maximum density.

13. Reasonable efforts shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation of landscaping, e.g., cut and fill slopes.

14. No structure on the slope shall be located within 60 feet of the bottom of the cliff.

15. Design guidelines: Structures shall be built on the lesser slopes. No structure shall be built on the talus slope of the cliff face.

16. Tree removal on the site shall be subject to the Township's Tree Protection Ordinance, § 25-27.

17. Vegetation and Revegetation.

(a) The developer shall submit a stabilization and revegetation plan in accordance with Chapter 30.

(b) Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, e.g., cut and fill slopes.

(c) Every effort shall be made to preserve the maximum number of trees and other existing vegetation on the site and to avoid disturbance of the critical upland forest area, and to preserve unique and predominant views.

§ 25-28.9 Adequate Contiguous Area.

[Ord. No. 2357-12 § 25-28.9; amended 5-24-2022 by Ord. No. 2678-22]

When a lot contains rock formations, wetlands, wetland transition areas, state open waters, floodway, riparian zones, slopes exceeding 10%, land within 100 feet of a cliff face, land within 100 feet of a ridge line, depth to bedrock of less than four feet, or similar constraining conditions, the appropriate Board (Planning or Zoning), after adequate investigation, shall determine whether adequate contiguous area free of restraining conditions exist. In such an instance, it must be demonstrated that there is an adequate contiguous area on the lot which is free of constraining factors and which is sufficient to accommodate the proposed development, including, but not limited to, all access drives, parking areas, front, rear and side yards and the like, constructed in accordance with all the provisions of this section. The unconstrained area shall have a width as defined in § 25-4, lot width, but for a depth sufficient to build a structure, within the minimum bulk requirements.

§ 25-28.10 Variances.

[Ord. No. 2357-12 § 25-28.10; amended 5-24-2022 by Ord. No. 2678-22]

Any applicant subject to the requirements of this chapter seeking to construct, disturb or clear in excess of the requirements of this section shall require a variance under N.J.S.A 40:55D-70(c).

§ 25-29 STORMWATER CONTROL.

Editor's Note: Ord. No. 2668-21 amended §  25-29 in entirety. History includes Ord. No. 2357-12.

§ 25-29.1 Scope and Purpose.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

b. Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 25-29.2.

c. Applicability.

1. This section shall be applicable to the following major developments:

(a) Non-residential major developments; and

(b) Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

2. This section shall also be applicable to all major developments undertaken by the Township of West Orange.

d. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ 25-29.2 Definition.

[Amended 12-14-2021 by Ord. No. 2668-21]

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

CAFRA CENTERS, CORES OR NODES

Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

Means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

Means the increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

Means an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

a. A county planning agency; or

b. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

Means the Department of Environmental Protection.

DESIGN ENGINEER

Means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, 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 is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

In the case of development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

Means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

EMPOWERMENT NEIGHBORHOODS

Means neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

Means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

Means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

Means a stormwater management measure that manages stormwater close to its source by:

a. Treating stormwater runoff through infiltration into subsoil;

b. Treating stormwater runoff through filtration by vegetation or soil; or

c. Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

Means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

Means an individual "development," as well as multiple developments that individually or collectively result in:

a. The disturbance of one or more acres of land since February 2, 2004;

b. The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;

c. The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or

d. A combination of paragraphs b and c above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Means any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Means any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 25-29.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.

POLLUTANT

Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Means any of the following, alone or in combination:

a. A net increase of impervious surface;

b. The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

c. The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

d. The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Means any of the following, alone or in combination:

a. The total area of motor vehicle surface that is currently receiving water;

b. A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

Means the lot or lots upon which a major development is to occur or has occurred.

SOIL

Means all unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

Means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

Means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

Means a public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

Means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

Means a flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

Means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

Means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.

URBAN REDEVELOPMENT AREA

Is defined as previously developed portions of areas:

a. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

b. Designated as CAFRA Centers, Cores or Nodes;

c. Designated as Urban Enterprise Zones; and

d. Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

Means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

Means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

Means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

§ 25-29.3 Design and Performance Standards for Stormwater Management Measures.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

1. The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

2. The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

b. The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.

§ 25-29.4 Stormwater Management Requirements for Major Development.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 25-29.10.

b. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

c. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 25-29.4p, q and r:

1. The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

2. The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

3. The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

d. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 25-29.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

2. The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 25-29.4o, p, q and r to the maximum extent practicable;

3. The applicant demonstrates that, in order to meet the requirements of § 25-29.4o, p, q and r existing structures currently in use, such as homes and buildings, would need to be condemned; and

4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 25-29.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 25-29.4o, p, q and r that were not achievable onsite.

e. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 25-29.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

f. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry well(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2(e) 1(f)
Green roof	0	Yes	No	—
Manufactured treatment device(a)(g)	50 or 80	No	No	Dependent upon the device
Pervious paving system(a)	80	Yes	Yes(b) No(c)	2(b) 1(c)
Small-scale bioretention basin(a)	80 or 90	Yes	Yes(b) No(c)	2(b) 1(c)
Small-scale infiltration basin(a)	80	Yes	Yes	2
Small-scale sand filter	80	Yes	Yes	2
Vegetative filter strip	60 to 80	No	No	—

(Notes corresponding to ^(a) through ^(g) are found after Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes(b) No(c)	2(b) 1(c)
Infiltration basin	80	Yes	Yes	2
Sand filter(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	N/A
Wet pond(d)	50 to 90	Yes	No	N/A

(Notes corresponding to ^(b) through ^(d) are found after Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	1
Manufactured treatment device(h)	50 or 80	No	No	Dependent upon the device
Sand filter(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50 to 90	Yes	No	N/A

Notes to Tables 1, 2 and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 25-29.4o2;
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a 10-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of green infrastructure at § 25-29.2;
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at § 25-29.2.

g. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with, § 25-29.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 25-29.4o only if the measures meet the definition of green infrastructure at § 25-29.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 25-9.4o2 are subject to the contributory drainage area limitation specified at § 25-9.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 25-9.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with 25-29.4d is granted from 25-29.4o.

h. Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

i. Design standards for stormwater management measures are as follows:

1. Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

2. Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 25.29.8c;

3. Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 25-29.8; and

5. The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

j. Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section II may be used only under the circumstances described at § 25-29.4o4.

k. Any application for a new agricultural development that meets the definition of major development at Section II shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 25-29.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

l. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4p, q, and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

m. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Essex County Register of Deeds and Mortgages, Hall of Records, 465 Martin Luther King Jr. Boulevard, #130, Newark, NJ 07102. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 25-29.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

n. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 25-29.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Essex County Register of Deeds and Mortgages, Hall of Records, 465 Martin Luther King Jr. Boulevard, #130, Newark, NJ 07102 and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph m above.

o. Green Infrastructure Standards.

1. This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

2. To satisfy the groundwater recharge and stormwater runoff quality standards at § 25-29.4p and q the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 25-29.4f and/or an alternative stormwater management measure approved in accordance with § 25-29.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

3. To satisfy the stormwater runoff quantity standards at § 25-29.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 25-29.4g.

4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 25-29.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 25-29.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 25-29.4p, q and r.

5. For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right- of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 25-29.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 25-29.4d.

p. Groundwater Recharge Standards.

1. This subsection contains the minimum design and performance standards for groundwater recharge as follows:

2. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 25-29.5, either:

(a) Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

(b) Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

3. This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph 4 below.

4. The following types of stormwater shall not be recharged:

(a) Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

(b) Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

q. Stormwater Runoff Quality Standards.

1. This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.

2. Stormwater management measures shall be designed to reduce the post- construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

(a) Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

(b) If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

3. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with paragraph 2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

4. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

5. If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS Percent Load Removal from application of both BMPs.
A	=	the TSS Percent Removal Rate applicable to the first BMP.
B	=	the TSS Percent Removal Rate applicable to the second BMP.

6. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 25-29.4p, q and r.

7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

8. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

10. This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

r. Stormwater Runoff Quantity Standards.

1. This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

2. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 25-29.5, complete one of the following:

(a) Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

(b) Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

(c) Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75%, and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

(d) In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs 2(a), 2(b) and 2(c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

3. The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

§ 25-29.5 Calculation of Stormwater Runoff and Groundwater Recharge.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Stormwater runoff shall be calculated in accordance with the following:

1. The design engineer shall calculate runoff using one of the following methods:

(a) The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

(b) The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlSt andardsComplete.pdf.

2. For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 25-29.5a1(a) and the Rational and Modified Rational Methods at § 25-29.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

3. In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

4. In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

5. If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

b. Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

§ 25-29.6 Sources for Technical Guidance.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

1. Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

2. Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

b. Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

§ 25-29.7 Solids and Floatable Materials Control Standards.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Site design features identified under § 25-29.4f above, or alternative designs in accordance with § 25-29.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 25-29.7a2 below.

1. Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(a) The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

(b) A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

(c) For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

2. The standard in paragraph a1 above does not apply:

(a) Where each individual clear space in the curb opening in existing curb- opening inlet does not have an area of more than 9.0 square inches;

(b) Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

(c) Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(1) A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

(2) A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

(d) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

(e) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ 25-29.8 Safety Standards for Stormwater Management Basins.

[Added 12-14-2021 by Ord. No. 2668-21]

a. This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

b. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 25-29.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.

c. Requirements for Trash Racks, Overflow Grates and Escape Provisions.

1. A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

(a) The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

(b) The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

(c) The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

(d) The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

2. An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

(a) The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

(b) The overflow grate spacing shall be no less than two inches across the smallest dimension.

(c) The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

3. Stormwater management BMPs shall include escape provisions as follows:

(a) If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 25-29.8c, a free-standing outlet structure may be exempted from this requirement;

(b) Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 25-29.8e for an illustration of safety ledges in a stormwater management BMP; and

(c) In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

d. Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

e. Safety Ledge Illustration.

Elevation View - Basin Safety Ledge Configuration

§ 25-29.9 Requirements for a Site Development Stormwater Plan.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Submission of Site Development Stormwater Plan.

1. Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 25-29.9c below as part of the submission of the application for approval.

2. The applicant shall demonstrate that the project meets the standards set forth in this section.

3. The applicant shall submit 20 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 25-29.9c of this section.

b. Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

c. Submission of Site Development Stormwater Plan. The following information shall be required:

1. Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

2. Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

3. Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

4. Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 25-29.3 through § 25-29.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

5. Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

(a) Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b) Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

6. Calculations.

(a) Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section IV of this section.

(b) When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 25-29.10.

8. Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 25-29.9c1 through § 25-29.9c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

§ 25-29.10 Maintenance and Repair.

[Amended 12-14-2021 by Ord. No. 2668-21]

a. Applicability. Projects subject to review as in § 25-29.1c shall comply with the requirements of § 25-29.10b and c.

b. General Maintenance.

1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

3. If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

4. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

5. If the party responsible for maintenance identified under § 25-29.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 25-29.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

6. Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.). of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

7. The party responsible for maintenance identified under § 25-29.10b3 above shall perform all of the following requirements:

(a) Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

(b) Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

(c) Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 25-29.10b6 and b7 above.

8. The requirements of § 25-29.10b3 and b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. Regardless if the stormwater management facilities are maintained by the municipality, another government agency or a private property owner or owners' association a two-year maintenance guarantee shall be posted for these facilities in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance guidance.htm.

9. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

c. Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ 25-29.11 Penalties.

[Amended 12-14-2021 by Ord. No. 2668-21]

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall be subject to the following penalties: § 25-59, Penalties - General.

§ 25-29.12 Severability.

[Amended 12-14-2021 by Ord. No. 2668-21]

Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

§ 25-29.13 Repealer.

[Amended 12-14-2021 by Ord. No. 2668-21]

All other ordinances or parts of ordinances inconsistent with this section are hereby repealed.

§ 25-29.14 Effective Date.

[Amended 12-14-2021 by Ord. No. 2668-21]

This section shall be in full force and effect from and after its adoption and any publication as required by law.

§ 25-30 HISTORIC PRESERVATION COMMISSION.

§ 25-30.1 General Provisions.

[Ord. No. 2357-12 § 25-30.1]

a. Purpose. The purpose of this section is to promote the educational, cultural, economic and general welfare of the Township through the preservation of historic buildings, structures, sites, objects, and districts of historic interest, through the development and maintenance of appropriate settings for such places, and through collateral activities, to document and to promote the public enjoyment of such places, which impart to residents and visitors alike a distinct aspect of the Township and which serve as visible reminders of the historical and cultural heritage of the Township, the State and the Nation.

b. Definitions. As used in this section:

ADMINISTRATIVE OFFICER

Shall mean the Director of Planning and Development.

COMMISSION

Shall mean the West Orange Historic Preservation Commission.

HISTORIC DISTRICT

Shall mean one or more historic sites, buildings, structures or objects and contiguous or surrounding property significantly affecting or affected by the quality and character of such sites, buildings, structures or objects.

A TYPE I HISTORIC DISTRICT

Shall mean one in which 50% or more of the individual buildings or structures comprising the District are more than 50 years of age.

A TYPE II HISTORIC DISTRICT

Shall mean one in which less than 50% of the individual buildings or structures comprising the District are more than 50 years of age.

HISTORIC PROPERTY OR HISTORIC RESOURCE

Shall mean a district, site, building, structure or object significant in American history, architecture, engineering, archaeology or culture at the national, State, County or local level.

INTEGRITY

Shall mean the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.

INVENTORY

Shall mean a list of Historic Properties determined to meet specified criteria of significance.

LANDMARK

Shall mean any real property, manmade structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historic, archaeological, cultural, scenic, or architectural significance.

NATIONAL REGISTER CRITERIA

Shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.

PRESERVATION

Shall mean the act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

PROTECTION

Shall mean the act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, erosion, loss or attack, or to cover or shield the property from danger or injury.

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 any part thereof, as it appeared at a specified period of time.

REHABILITATION

Shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

RESTORATION

Shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

§ 25-30.2 Historic Preservation Commission.

[Ord. No. 2357-12 § 25-30.2; Ord. No. 2359-12]

a. Establishment/Membership. There is hereby established an Historic Preservation Commission to be appointed pursuant to statute by the Mayor. The Commission shall consist of seven regular members and two alternate members who shall serve without compensation, and who shall be interested in and able to contribute to the preservation of historic districts, sites, buildings, structures, and objects. At the time of appointment, members shall be designated by the following classes:

[Amended 4-14-2020 by Ord. No. 2598-20]

1. Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside inside or outside the Township. To the extent available in the community, the Mayor shall appoint professional members who meet the professional qualifications set forth for the disciplines of architecture, historic architecture, or architectural history in Subsection 25-30.5.

2. Class B: A person who is knowledgeable, or with a demonstrated interest in, local history and who may reside inside or outside the Township. To the extent available in the community, the Mayor shall appoint professional members who meet the professional qualifications set forth for the discipline of history in Subsection 25-30.5.

3. Class C: Residents of the Township who shall hold no other municipal office, position or employment except for membership on the Planning Board or the Zoning Board of Adjustment.

At least one member shall be designated in Class A, and one member in Class B. Of the seven regular members, at least three members shall be of Classes A and B. At least one resident of an Historic District shall be appointed to the Commission. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2," and shall meet the qualifications of Class C members.

A member of the Main Street Development Corporation shall be designated as liaison between the Commission and the Corporation, and shall be an ex-officio member of the Commission.

A member of the Township Council shall be designated as liaison between the Commission and the Township Council and shall be an ex-officio nonvoting member of the Commission.

b. Terms. The term of a regular member shall be four years and the term of an alternate member shall be two years. Notwithstanding any other provision herein, the term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board, the term of any member common to the Commission and the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment; and the term of any member common to the Commission and the Main Street Development Corporation shall be for the term of membership on the Main Street Development Corporation. The terms of the members first appointed pursuant to N.J.S.A. 40:55D-107 shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and the initial term of no alternate member shall exceed two years. The term of the Township Council liaison shall be for one calendar year with appointment made by the Council at the Council’s annual reorganization meeting.

Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

[Amended 4-14-2020 by Ord. No. 2598-20]

c. Conflicts of Interest. No member of the Commission shall be permitted to participate in or vote on any matter in which (s)he has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within 200 feet of property which is the subject of an application, mere residence in a designated Historic District and/or ownership of a designated Historic Landmark shall not be deemed a personal or financial interest.

d. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled within 45 days by appointment as above provided for the unexpired term only.

e. Removal. A member of the Commission may, after public hearing if (s)he requests it, be removed by the Mayor and Township Council for cause.

f. Organization of Board. The Commission shall adopt written rules and procedures for the transaction of its business, subject to the following:

1. The Commission shall elect from its members a Chairperson and a Vice Chairperson.

2. A quorum for the transaction of all business shall be four members.

3. All Commission minutes and records are public records and all Commission meetings shall comply with the Open Public Meetings Act

[N.J.S.A. 10:4-7, et seq.]

4. The Commission shall employ, designate or elect a Secretary who need not be a member of the Commission. The Secretary shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be made public record.

5. Commission meetings shall be scheduled at least once every month or as often as required to fulfill its obligation to advise the Mayor, Planning Board, Zoning Board, Township Council or Administrative Officer.

6. The office of any member who shall be absent from three consecutive meetings of the Commission without just cause may be deemed vacant at the discretion of the Mayor, and his or her membership on the Historic Preservation Commission terminated. If the Commission determines that a member is absent from any meeting without just cause, it shall be duly noted in the minutes of that meeting, and it shall be the duty of the Chairperson to so notify that member in writing. The mailing of the minutes of a particular meeting to the Commission members shall constitute written notice to each member.

g. Expenses, Experts and Staff.

1. The Mayor and Township Council shall make provisions in the budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Township Council for the Commission's use.

2. The Commission shall employ an Historic Preservation Officer who is a professional in the field of architectural history, historic preservation or similar discipline, to coordinate its activities, and to advise the Commission on applications before it.

3. The Director of Planning and Development, the Construction Official, the Township Engineer, and all other departments of the Township government shall provide such technical assistance as the Historic Preservation Commission and Officer may require.

4. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council.

h. Powers and Duties.

1. Meetings. The Historic Preservation Commission shall establish a regular schedule of meetings on at least a monthly basis. Additional meetings may be called by the Chairperson or Vice Chairperson when the regular meetings are inadequate to meet the needs of its business, to handle emergencies, or to meet time constraints imposed by the law.

2. Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:

(a) To identify, record and maintain a system for survey and inventory of all districts, buildings, sites, structures and objects of historical or architectural significance based on the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Standards and Guidelines for Identification), as amended and/or supplemented. The survey and inventory of Historic Resources shall be compatible and coordinated with the Office of New Jersey Heritage's statewide inventory. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition. The inventory shall be used as a basis for identifying properties in the Township worthy of designation as Historic Landmarks and Districts.

(b) To recommend to the Planning Board and the Township Council the establishment and boundaries of Historic Districts and Landmarks where appropriate. The procedures and criteria for designation of Historic Districts and Landmarks are set forth in Subsection 25-30.3.

(c) To conduct research on and to nominate significant resources to the State and National Registers of Historic Places. If the Township is certified under the State's Certified Local Government (CLG) Program, the Commission shall, in accordance with the State's CLG Guidelines, review and comment on all State and National Register nominations for Historic Resources within the Township.

(d) To review all actions for issuance of permits or Certificates of Appropriateness pertaining to regulated activities and provide written reports to the Construction Official or Administrative Officer on the application of the zoning ordinance provisions concerning historic preservation pursuant to N.J.S.A. 40:55D-111.

(e) To prepare and distribute a Design Guidelines Handbook to be utilized for application review and to foster appropriate rehabilitation of Landmarks and Historic Districts.

(f) To advise the Planning Board and the Zoning Board of Adjustment on applications for development which may affect Historic Districts or Landmarks pursuant to N.J.S.A. 40:55D-110, including but not limited to subdivision and demolition applications.

(g) To make recommendations to the Planning Board on the Historic Preservation Plan Element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.

(h) To advise the Planning Board on the inclusions of Historic Sites and Landmarks in the recommended capital improvement program.

(i) To advise the Township Council and Planning Board on the relative merits of proposals involving public funds to restore, preserve and protect historic buildings, places and structures, including the preparation of long-range plans therefor, the securing of State, Federal and other grants and aid to assist therein, and the monitoring of such projects once underway.

(j) To advise and assist Township officers, employees, boards and other bodies, including those at County, State and Federal levels, on all matters which have potential impact on the historic buildings, places and structures in the Township or on the physical character and ambiance of an historic district.

(k) To cooperate with local, County, State or national historical societies, government bodies and organizations to maximize their contributions to the intent and purpose of this section.

(l) It is recognized that certain elements of design, construction and materials important to proper historic preservation may not be consistent with current building codes or with zoning and similar regulations. Some instances may be unique to a certain building or situation, others may be more common. Accordingly, the Commission shall, when it considers it to be appropriate, draft and recommend to the Mayor, Township Council and Planning or Zoning Board ordinances or amendments to existing ordinances that would resolve such conflicts, institute or support action, where applicable, to obtain specific relief from the Zoning Board of Adjustment or Planning Board, to take such other steps as it finds appropriate in the circumstances.

(m) To secure the voluntary assistance of the public, and within the limits of the budget, to retain consultants and experts to assist the Commission in its work or to provide testimony in support of the Commission's position before other bodies, boards, commissions or courts.

(n) To aid the public in understanding the worth of Historic Resources, and to provide technical assistance to property owners on how to preserve, restore and rehabilitate structures, and to advise property owners upon their request as to the accuracy or appropriateness of historic restoration or rehabilitation, including but not limited to materials, fenestration, architectural detail, environment and color.

(o) To carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including the preparation of publications, the placing of markers, and the collection and dissemination of materials on the importance of and techniques for historic preservation.

(p) To assemble and arrange for the proper care, cataloguing and availability of materials relevant to the Township's history.

(q) To request the Mayor and Township Council to seek, on its own motion or otherwise, injunctive relief of violations of this section or other actions contrary to the intent and purposes of this section.

3. Referrals.

(a) Every application involving a property listed in "The Historic Sites Survey," prepared by Robert Guter, dated July 1, 1992, to the West Orange Land Use Boards, either the Planning Board or the Board of Adjustment, shall be referred to the West Orange Historic Preservation Commission for its consideration and review to determine if any of the criteria for historic district or historic landmark designation be present and justify further review to consider the appropriateness of preservation.

(b) The Historic Preservation Commission shall complete its review of every application within 35 days of its referral to the HPC and shall present its written evaluation to the referring Board and to the Director of Planning within 10 days of the completion of its review.

(c) The properties listed in "The Historic Sites Survey," whether formally designated as historic or not, have been found to meet one or more elements or criteria for landmark or historic site treatment. A copy of that Survey, consisting of three volumes, is located in the Township's Planning Department, as well as at the Township's Public Library. That Survey shall be incorporated herein by reference and the West Orange Historic Preservation Commission shall be responsible for updating and maintaining the index for the entire Survey to identify the properties cited in it by street address as well as lot and block designation.

§ 25-30.3 Historic District and Landmark Designation.

[Ord. No. 2357-12 § 25-30.3]

The purpose of this subsection is to provide the means of designating Historic Districts and Landmarks in the Township of West Orange that are worthy of preservation.

a. Procedures. At such time as the Historic Preservation Commission chooses to recommend amendment of the Master Plan and Zoning Map to designate a building, site, structure, object or district as an Historic Landmark or District, the procedures outlined below shall be followed:

1. For each Landmark or District, the Commission shall prepare a report of its recommendations. For Historic District nomination, the report shall include: a statement describing it as a Type I or Type II District; an inventory of all buildings or structures within the proposed District, including the age of each, accompanied by black and white photographs of each; a property map of the District showing boundaries; a physical description and statement of significance as per the nomination standards for the National Register of Historic Places. For Historic Landmark nomination, the report shall include: a black and white photograph, a tax map of the property, and a physical description and statement of significance as per the nomination standards for the National Register of Historic Places. Nothing herein shall prevent a particular building or structure that is less than 50 years of age at the time of a District designation from being regulated as historic at a later date provided that the provisions of this ordinance are followed.

2. The Historic Preservation Commission shall conduct a public hearing on its proposed recommendations, at which time interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for Landmark or District designation. Since the function of the Historic Preservation Commission with respect to designation is advisory only, it is intended that the public hearing be informal, without the need for transcription of minutes or testimony under oath.

3. A copy of the Commission report shall be made available for public inspection at least 30 days prior to the hearing.

4. Notice of the hearing shall be given at least 30 days prior to the date of the hearing by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township, and by certified mail and regular mail to the owners of record of real property within the area being considered for District designation and to the owner of record of real property being considered for Landmark designation. The notice shall state the date, time, and place of the hearing; the nature of the matters to be considered; identification of the property(ies) proposed for designation by street address and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's Office; the significance and consequences of such designation; and the location and times at which the Commission report is available for public inspection.

5. Within 30 days following the public hearing on the proposed Landmark or District, the Commission shall make revisions to its report as it deems appropriate based on its consideration of the comments and suggestions made at the public hearing, and shall forward its final report, including its recommendations, to the Planning Board, Administrative Officer, Mayor and Township Council for their consideration in amending and supplementing the Township's Master Plan and Zoning Map. Such further action as shall be taken for designation of an Historic Landmark or District shall be subject to those statutory procedures which apply to the change of a zoning designation and the adoption, revision, or amendment of any development regulation.

6. To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Planning Board with respect to its adoption or amendment of the Master Plan or component parts thereof, including the adoption of any resolution, within 90 days of receipt of the Commission's final report.

7. To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Township Council with respect to its adoption or amendment of the Zoning Ordinance, or any part thereof, including the adoption of the Ordinance, within 90 days of receipt of the Commission's final report, during which time, and from the time of the Commission's publication of its initial report, there shall be no alterations or improvements made to the Landmark or District sought to be designated in a manner which would be prohibited if such property(ies) were to be designated.

8. Copies of the list of designated Historic Districts and Landmarks shall be made public and distributed to all municipal agencies reviewing development applications, building permits and housing permits.

b. Criteria for Designation. The historic inventory and survey shall be used as a basis for identifying properties worthy of designation as Historic Landmarks and Districts. The criteria for evaluating and designating Historic Landmarks and Districts shall be in accordance with the National Register Criteria, which are as follows:

1. The quality of significant in American history, architecture, archeology, engineering, and culture is present in districts, landmarks, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and;

(a) That are associated with events that have made a significant contribution to the broad patterns of our history; or

(b) That are associated with the lives of persons significant in our past; or

(c) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(d) That have yielded, or may be likely to yield, information important in prehistory or history.

c. Designated Landmarks. The following sites have been designated as Historic Landmarks:

1. Block 39, Lot 56 (29 South Valley Road).

2. Block 39, Lot 61.01 (21 South Valley Road).

3. Block 60, Lot 2 (13 Main Street).

4. Block 66, Lot 1 (177 Main Street).

5. Block 89, Lot 68 (Llewellyn Park Gate House).

6. Block 115, Lot 30.01 (Edison National Historic Site).

7. Block 177.08, Lot 20 (695 Eagle Rock Avenue).

8. Block 177.12, Lot 60 (757 Eagle Rock Avenue).

§ 25-30.4 Review by Historic Preservation Commission.

[Ord. No. 2357-12 § 25-30.4]

a. Purpose. To accomplish the purposes of this section, the Township has adopted provisions for design review, intended to:

1. Encourage the continued use of historic landmarks and facilitate their appropriate reuse;

2. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects, or districts within the Township;

3. Foster beautification and both private and public reinvestment;

4. Manage change by preventing alteration or new construction not in keeping with a historic character of Landmarks or Districts;

5. Discourage the unnecessary demolition of historic resources;

6. Recognize the importance of historic properties by using property owners and tenants to maintain their properties in keeping with the requirements and standards of this section;

7. Encourage the proper maintenance and preservation of historic settings and landscapes.

b. Regulated Activities.

1. For purposes of this section, regulated activities on a Historic Landmark or within a Historic District shall include the following:

(a) Demolition of any Historic Landmark or an improvement within a Historic District.

(b) Relocation of any building, structure or improvement.

(c) Change in the exterior appearance of any building, structure or improvement by addition, rehabilitation, removal, reconstruction, alteration, replacement, maintenance, or cosmetic changes.

(d) Any addition or new construction of an improvement.

(e) Replacement, changes in, or addition of signs, shutters, outdoor displays, fences and hedges, street furniture, awnings, off-street driveway and parking materials, or exterior lighting.

(f) Installation or replacement of sidewalks, porches, fire escapes, solar panels, and satellite dish antennas.

2. In no instance shall the following be considered regulated activities:

(a) Changes to the interior of structures that do not affect the exterior appearance.

(b) Ordinary repairs and maintenance wherein the cost of such repairs is less than $500 and the repairs in question constitute an exact replacement of existing architectural details that are otherwise permitted by law, provided this work does not alter in any way the exterior appearance of the Historic Resource.

c. Certificates of Appropriateness.

1. No person or other legal entity shall hereafter engage or cause other persons to engage in any regulated activity on an historic site or within an Historic District as defined herein unless and until such person or entity shall have applied for and received a Certificate of Appropriateness from the Historic Preservation Commission. A Certificate of Appropriateness issued by the Historic Preservation Commission shall be required before any permit can be issued by the Construction Official/Zoning Officer. Specifically exempted from this requirement are properties or structures in Type II Historic Districts which are zoned R-1 through R-6 or RT and which are less than 50 years of age.

2. It shall be the duty and responsibility of the Construction Official/Zoning Officer to refer to the Commission all applications for issuance of permits or Certificates of Appropriateness pertaining to regulated activities on a Landmark or within an Historic District, for a written report on the application of the zoning regulations provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development, by a municipal agency, pursuant to the "Municipal Land Use Law," P.L. 1975 c. 291. The Commission shall submit its report to the Administrative Officer within 45 days of its referral to the Commission. If within the forty-five-day period the Commission recommends against the issuance of a Certificate of Appropriateness or permit, or recommends conditions to its issuance, the Administrative Officer shall cause the Construction Official/Zoning Officer to deny issuance of the permit or Certificate of Appropriateness, or to include the conditions. If the Commission recommends approval, a Certificate of Appropriateness shall be issued. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit or Certificate of Appropriateness, and without the recommendation of conditions.

3. Applications for development which are in a designated Historic District or Landmark and which require approval by the Planning Board or Zoning Board of Adjustment shall be referred by the Administrative Officer directly to the appropriate Board. The Board shall forward a copy of the complete application for the Historic Preservation Commission at least 15 days prior to the hearing. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application, and to explain any written report which may have been submitted.

d. Informational Meetings. Persons considering action that may require a Certificate of Appropriateness, as set forth above, even if they are in doubt as to whether such is required, are encouraged to request in writing an informal "Informational Meeting" with the Historic Preservation Commission. Written requests for such informational meetings can be made to the Construction Official/Zoning Officer, to the Administrative Officer, to any other Township official or to the Commission. The Commission shall hold such informational meetings within 35 days of receipt of such written request. The purpose of an informational meeting is to inform the persons of the standards of appropriateness and the procedures for obtaining a Certificate of Appropriateness, if such is required. Preliminary drawings may also be submitted to the Historic Preservation Commission for review and comment before proceeding with final plans, even if an informational meeting is not requested.

e. Application Procedures.

1. Applications for Certificates of Appropriateness for other actions of the Board shall be made on forms available in the office of the Historic Preservation Officer, the Construction Official/Zoning Officer, or the Township Planner. Applications shall be made by legal or equitable owners of the property. Completed applications shall be delivered or mailed to the Commission in Township Hall.

2. The contents of the application shall consist of the following:

(a) When the application is for exterior repairs replacing deteriorated architectural features to match existing materials, textures, and dimensions, the application shall be accompanied by current photographs of the building showing the area to be repaired and a written description of the work (for example, a builder's estimate or an architect's scope of work).

(b) When the application is for exterior architectural changes replacing existing architectural features with new materials, textures, or dimensions that do not match existing materials, textures, or dimensions, such as replacement windows, siding, etc., the application shall be accompanied by current photographs of the building showing features to be replaced, a written description of the work (for example, a builder's estimate or an architect's scope of work), and material specifications (architect's technical specification or manufacturer's literature describing the replacement materials).

(c) When the application is for the addition of new exterior architectural elements, such as a porch, deck, railing, window, bay, wing, story, roof, etc., or for adding a new building to the site, the application shall be accompanied by current photographs of the property, a written description of the work (for example, a builder's estimate or an architect's scope of work), material specifications (architect's technical specification or manufacturer's literature describing the replacement materials), and architectural drawings (plans, evaluations, site plan, etc.).

(d) When the application is for restoration or rehabilitation of the building to an earlier historic appearance, in addition to the material described above for the type of work involved, the application shall be accompanied by historical documentation (description of physical architectural evidence, historic photographs, and documentary evidence) to support the restoration or rehabilitation decisions.

(e) Additionally, the applicant shall submit such photographs, diagrams, architectural drawings, specifications, or other materials sufficient to adequately inform the Historic Preservation Commission of the nature of the work for which the application is made. The Historic Preservation Officer, based on a publicly available check list, shall determine if the information is sufficient to constitute a complete application, and if the application is incomplete shall so notify the applicant within 15 days.

f. Commission Review.

1. The Commission shall review complete applications for Certificates of Appropriateness at a public meeting. In addition to complying with requirements of the Open Public Meetings Act, and except in the event of an emergency, at least 15 days prior to such meeting, the Commission shall give notice of the time, date, place and subject of the meeting, which notice shall be given in writing to the applicant.

The applicant shall give at least 10 days' written notice of the time, date, place and subject of the meeting in writing to each property owner of record within 200 feet of the subject property; provided, however that exempted from this requirement are properties or structures which are zoned R-1 through R-6 or RT.

In the case of an application for a permit to demolish or move a Historic Landmark or a structure or improvement in a Historic District, the applicant shall, in addition to the above and at least 10 days before the meeting, give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, by regular mail, and by published notice in an official newspaper of the municipality; and shall present an affidavit attesting to such notification prior to commencement of the meeting:

(a) West Orange Historical Society.

(b) West Orange Environmental Commission.

(c) Office of New Jersey Heritage, Department of Environmental Protection.

(d) Any other organization concerned with historic preservation, deemed by the Commission to be appropriate in this instance.

2. At the meeting wherein the Historic Preservation Commission intends to vote upon an application, individuals interested in the application shall be permitted to comment in person only upon the application under consideration.

3. The Commission shall reach a decision on a complete application within 45 days of submission of the application or referral of same by the Construction Official/Zoning Officer. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of the proposed action, and may grant approval upon such conditions as it deems appropriate within the intent and purposes of this section. An applicant shall not be required to appear or to be represented at the meeting for consideration of the application for a Certificate of Appropriateness.

4. If an application is approved, the Commission shall forthwith issue a Certificate of Appropriateness. If the Commission disapproves an application, the Commission shall state its reasons in writing within 10 days of such decision. In case of disapproval, the Commission shall notify the applicant in writing of such disapproval and provide the applicant with a copy of the reasons.

5. When a Certificate of Appropriateness has been issued, the Construction Official/Zoning Officer shall, from time to time, inspect the work approved by such Certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such Certificate or violating any ordinance of the Township. The Commission shall also make inspections of work approved by such Certificate whenever it considers such to be desirable.

6. A Certificate of Appropriateness shall be valid for a period of two years from date of issue unless reasonable extensions are granted by the Commission. If a permit is also required for the action approved and is obtained prior to expiration of such two-year period, then the Certificate of Appropriateness shall be valid for the life of the permit and any extensions thereof.

g. Design Standards.

1. Secretary of Interior's Standards. In carrying out all its duties and responsibilities, the Commission shall be guided by the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings which are given as follows:

(a) Every reasonable effort shall be made to provide a compatible use for a property which requires minimum alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

(b) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(c) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

(f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural design or the availability of different architectural elements from other buildings or structures.

(g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(h) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project.

(i) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

(j) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

2. Visual Compatibility Factors. In assessing the design of any proposed additions or new construction, the following Visual Compatibility Factors shall be considered in conjunction with the Secretary of Interior's Standards set forth above, by the Historic Preservation Commission.

(a) Height. The height of the proposed building shall be visually compatible with adjacent buildings.

(b) Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.

(c) Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

(d) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.

(e) Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

(f) Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.

(g) Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

(h) Roof Shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.

(i) Walls of Continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.

(j) Scale of Building. The size of a building, its mass in relation to open spaces, its windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

(k) Directional Expression of Front Elevation. A building shall be visually compatible with building and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.

(l) Exterior Features. A building's related exterior features such as lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those buildings and places to which it is visually related, and shall be appropriate for the historic period for which the building is significant.

3. Subdivision. Notwithstanding the zoning regulations in this chapter applicable to proposed subdivisions, a designated historic property shall be subdivided only when:

(a) The proposed subdivision would not adversely impact upon the architectural or historic character of the Landmark, its surrounding grounds, or the designated Historic District in which it is located.

(b) Denial of subdivision approval would result in undue economic or other hardship, after effecting any specific measures proposed to mitigate any adverse impacts, such as screening, buffering, and landscaping. This standard shall not be met merely because subdivision and development of the property would be more profitable than the present use.

If a proposed subdivision requires one or more variances from the zoning regulations in this chapter, the decision on such variance request(s) shall give specific consideration to the historic preservation considerations in this chapter. If a subdivision is approved consistent with this provision, all new construction on any resulting lot shall be subject to the requirements of the Secretary of Interior's Standards and Visual Compatibility Factors listed above, and the resulting lot on which is located the existing principal structure prior to subdivision shall be deemed a Landmark. All powers to be exercised pursuant to this subsection shall be within the jurisdiction of the Planning Board.

4. Demolition.

(a) In regard to an application to demolish a Landmark, or any improvement within a Historic District, the following matters shall be considered:

(1) Its historic, architectural, cultural or scenic significance in relation to the criteria established in Subsection 25-30.3b.

(2) If it is within a Historic District, its significance to the District and the probable impact of its removal on the character and ambiance of the District, and the criteria which were the basis of the designation of the District.

(3) Its potential for use for those purposes currently permitted by the Zoning regulations.

(4) Its structural condition and the economic feasibility of alternatives to the proposal.

(5) Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.

(6) The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.

(7) The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the municipality an attractive and desirable place in which to live.

(b) The Commission shall be empowered to assist the owner in developing plans to preserve the property when moving or demolition thereof would be a great loss to the Township. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found, and may request the applicant to prepare a "Financial Analysis" which may include any or all of the following:

(1) Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;

(2) Assessed value of the land and improvements thereon according to the most recent assessment;

(3) For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;

(4) All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;

(5) Bona fide offers of the property for sale or rent, price asked, and offers received, if any;

(6) Any consideration by the owner as to profitable, adaptive uses for the property.

The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the Historic District can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations.

5. Moved Structures. In regard to an application to move a Historic Landmark or any building or structure in an Historic District to a new location, the following matters shall be considered:

(a) The impact that losing its original historic location would have on the building or structure, and, if the present location is within a Historic District, the impact on the Historic District as a whole.

(b) The reasons for not retaining the building or structure at its present site.

(c) The compatibility, nature, and character of the areas surrounding the current site and the proposed site, as they relate to the protection of interest and values referred to in this section.

(d) If the proposed new location is within a Historic District, visual compatibility factors as set forth in Subsection 25-30.4g.

(e) The probability of significant damage to the Landmark itself.

(f) If it is to be removed from West Orange Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens.

h. Approvals/Denials.

1. Effect of Certificate of Appropriateness. Issuance of a Certificate of Appropriateness shall be deemed to be final approval pursuant to this section. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested vis-a-vis the Landmark or structure in the Historic District.

2. Denial of a Certificate of Appropriateness. Denial of a Certificate of Appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for.

i. Appeals.

1. The granting or denial of a Certificate of Appropriateness may be appealed to the Zoning Board of Adjustment in the same manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-70(a). The appellant shall pay all costs of the transcript. Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the municipal Zoning Board of Adjustment.

2. Right to Sell During Appeal. Any appeal which may be taken to court from the decision of any municipal agency, whether instituted by the owner or any other proper party, shall not affect the right of the owner to make a bona fide offer to sell.

3. Reconsideration of Denial of Certificate of Appropriateness. The Commission may refuse to reconsider for a period of one year any disapproval of an application, except in cases where an applicant reapplies within 90 days of such disapproval, with his application amended to comply with any recommendations which the Commission may have made in its written reasons for disapproval. The Commission may, however, reconsider at any time denial of a Certificate of Appropriateness for demolition if a significant change in circumstances has occurred.

j. Emergencies. In the event that an Act of God or any other unexpected event shall cause a property owner the need for immediate emergency repairs to preserve the continued habitability of the property and/or the health and safety of its occupants or others, and where time will not permit the owner to obtain a Certificate of Appropriateness and a building permit prior to their undertaking, the property owner shall notify the Construction Official/Zoning Officer or the Administrative Officer, who shall request the Chairperson of the Commission to inspect the property, or assign a qualified member of the Commission to do so. The Commission Chairperson (or assigned member) shall determine the nature of the emergency, whether repair is feasible or, if not, the appropriateness of the replacement. The Chairperson may call upon qualified professional expertise to assist in this determination. The Chairperson shall provide a written report to the Construction Official/Zoning Officer or Administrative Officer so that a permit may be issued.

k. Violations.

1. Penalty.

(a) Any person or other legal entity violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties herein.

(b) If any person or other legal entity shall undertake any activity vis-a-vis a Landmark or improvement within a Historic District without first having obtained a Certificate of Appropriateness, such person or entity shall be deemed to be in violation of this section.

(c) Upon learning of the violation, the Construction Official/Zoning Officer shall issue a notice of violation and orders to terminate in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.

(d) A separate and distinct offense shall be deemed committed on each day during or on which violation occurs or continues.

(e) The penalty for violations shall be as follows:

FOR EACH DAY, UP TO 10 DAYS

Not more than $75 per day.

FOR EACH DAY, 11 TO 25 DAYS

Not more than $100 per day.

FOR EACH DAY BEYOND 25 DAYS

Not more than $125 per day.

(f) If any person or other legal entity shall undertake any activity vis-a-vis a Landmark or improvement within a Historic District without first having obtained a Certificate of Appropriateness, (s)he shall be required to restore same.

2. Injunctive Relief. In the event that any action, which would permanently change adversely the Landmark or District, such as demolition or removal, is about to occur without a Certificate of Appropriateness having been issued, the Zoning Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any Landmark.

l. Preventive Maintenance.

1. Recognizing the need for preventive maintenance to ensure the continued useful life of Landmarks and structures in Historic Districts, the Mayor and Township Council hereby declare that code enforcement vis-a-vis Landmarks and structures in Historic Districts is a high municipal priority.

2. In the event that any Landmark or improvement in an Historic District deteriorates to the point that, in the best estimate of the Building Department's Division of Inspections, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Division shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property, listing the violations, the estimate for their abatement, and the replacement cost of the improvement, and stating that if the owner does not take all necessary remedial action within 90 days or such extensions as the Division shall for good cause grant, the Township Construction Official/Zoning Officer may, at the expiration of 90 days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property.

3. Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Division of Inspections of his/her wish to have a hearing as to the allegations and estimates set forth in the Division's notice. Such hearing shall be conducted by the Construction Official/Zoning Officer and shall, so far as possible, be a formal adversary proceeding in which the Division of Inspections shall establish the matters alleged in the notice by a preponderance of the evidence.

4. If the owner does not request a hearing the procedures set forth in Subsection 2 above shall be binding. If a hearing is requested, the Construction Official/Zoning Officer will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be first notice pursuant to Subsection 2 above.

5. Thereafter, if the owner does not comply, the Division may enter onto the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.

6. The head of the Division shall then certify to the Mayor and Township Council the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Mayor and Township Council.

7. The Township Council may, by resolution, vote to cause the sum so certified to become a lien upon the Landmark or property, payable with the next quarter's real estate property taxes, and if not then paid, bearing interest at the same rate as delinquent taxes.

§ 25-30.5 Professional Qualification Standards.

[Ord. No. 2357-12 § 25-30.5]

In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience.

a. History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

b. Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus:

1. At least one year of full-time professional experience or equivalent specialized training in archeology research, administration, or management;

2. At least four months of supervised field and analytic experience in general North American archeology; and

3. Demonstrated ability to carry research to completion.

In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period.

c. Architectural History. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one of the following:

1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or

2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

d. Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a State license to practice architecture.

e. Historic Architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture or State license to practice architecture, plus one of the following:

1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or

2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures, research reports, and preparation of plans and specifications for preservation projects.

§ 25-31 RESIDENTIAL ZONE R-3AH.

[Ord. No. 2357-12 § 25-31]

a. Regulations pertaining to residential buffer strips shall not apply to the tract.

b. The maximum number of building lots for the entire tract shall be 95, of which

1. Approximately one-half of the building lots shall have a minimum lot size of 12,500 square feet; and

2. Approximately one-half of the building lots shall have a minimum lot size of 10,000 square feet.

c. The maximum cul-de-sac length for the tract specified in Chapter 32, Land Subdivision, is waived.

d. The density computation of the Township's steep slope regulations, Subsection 25-28.6m, shall not apply to the tract.

§ 25-32 SPECIAL IMPROVEMENT DISTRICT.

§ 25-32.1 Policy.

[Ord. No. 2357-12 § 25-32.1]

The Township of West Orange recognizes the unique contributions that are made to the Township by the residential, recreational, historic and commercial properties in the Downtown Neighborhoods of West Orange.

The Township of West Orange, in consultation with State agencies, other communities in New Jersey and property owners in the Township has determined that a Special Improvement District in the Township dedicated to the preservation and economic revitalization of the neighborhoods of Eagle Rock, Tory Corner, St. Mark's and the Valley will improve the quality of life for all residents of West Orange.

The Township of West Orange deems it desirable to create a Special Improvement District in anticipation that the Special Improvement District will encourage self-help and self-financing programs within the business community to enhance the commercial viability and attractiveness of the business areas as well as promote economic growth and employment within the Township of West Orange.

§ 25-32.2 Definitions.

[Ord. No. 2357-12 § 25-32.2]

DISTRICT MANAGEMENT CORPORATION

Shall mean the Downtown West Orange Alliance, (also referred to as Corporation), which shall be organized as a nonprofit, tax exempt entity, incorporated pursuant to Title 15A of the New Jersey Statutes and designated by municipal ordinance to receive funds collected by a special assessment within the Special Improvement District, as authorized by this section and amendments thereto.

SPECIAL IMPROVEMENT DISTRICT (ALSO REFERRED TO AS DISTRICT)

Shall mean areas within the Township of West Orange designated by this section as an area in which a special assessment on property within the District shall be imposed for the purposes of promoting the economic, historic preservation and general welfare of the District and the Township.

§ 25-32.3 Findings.

[Ord. No. 2357-12 § 25-32.3]

a. The area within the Township of West Orange as described by tax block and lot numbers and by street addresses as set forth in Schedule "A" of this section, will benefit from being designated as a Special Improvement District. Schedule "A" will be compiled by the Municipal Tax Assessor annually. Notices and appeal as per Subsection 25-32.8 of this section shall apply. Schedule A is included as an attachment to this chapter.

b. The Corporation would provide administrative and other services to benefit the welfare of all those who reside, are employed in or visit the District and the Township of West Orange.

c. A special assessment may be imposed and collected by the Township of West Orange Tax Collector on a semi-annual basis, and all of these payments shall be transferred to the Corporation to effectuate the purpose of this section and to exercise the powers given to it by this section.

d. Among the services that will be performed by the Corporation will be:

1. Beautification of public areas.

2. Providing assistance to property and business owners for improving and preserving their buildings and properties.

3. Encouraging other physical improvements or policies that will improve the economic opportunities for residents, businesses and persons employed in West Orange.

4. Marketing, promotion and public relations for the District and its neighborhoods, in conjunction with other efforts that are pursued by other groups or organizations.

5. Recruitment and retention of businesses or organizations that enhance the economic and historic qualities of the District and West Orange.

e. The business community should be encouraged to provide self-help and self-financing programs to meet local need.

§ 25-32.4 Creation of the Special Improvement District.

[Ord. No. 2357-12 § 25-32.4]

a. There is hereby created and designated within the Township of West Orange a Special Improvement District, consisting of the properties designed and listed on Schedule A by tax block and lot numbers and by street addresses. The District shall be subject to special assessments on all affected properties within the District, which assessment shall be imposed by the Township of West Orange for the purposes of promoting the economic, historic and general welfare of the District and the Township of West Orange.

b. All commercial properties within the District, including all private, nonresidential assessed properties, are deemed included in the assessing provisions of this section and are expressly subject to assessment made for Special Improvement District purposes.

c. All properties within the Special Improvement District that are tax-exempt, or used exclusively for residential purposes with three units or less, or with four units or less that are owner occupied are deemed excluded from the assessing provisions of this section and are expressly exempt from any assessment made for Special Improvement District purposes.

d. Special Improvement District assessments on mixed use commercial/residential properties will be based on 100% of its assessed value.

e. Unimproved property is deemed excluded from the assessing provisions of this section and are expressly exempt from any assessment made for Special Improvement District purposes.

f. All commercial property within the District shall be designated as either Tier I, Tier II or Tier III. Tier I properties shall be those commercial properties of which any portion of the property fronts on Main Street. Tier II are all other properties not included in Tier I and Tier III. Tier III properties shall be commercial buildings that are at least used 80% for office space.

g. Tier I's rate of assessment shall be greater than Tier II's rate of assessment. Tier II's rate of assessment shall be greater than Tier III's rate of assessment.

§ 25-32.5 Assessment.

[Ord. No. 2357-12 § 25-32.5]

a. All of the monies collected through the assessment, pursuant to this section, shall be spent solely to benefit the properties included in the District.

b. Failure of any property owner to pay the annual assessments shall be treated in the same manner as failure to pay property taxes as regulated by municipal and State laws.

§ 25-32.6 The Designated District Management Corporation.

[Ord. No. 2357-12 § 25-32.6]

a. The Council of the Township of West Orange hereby designates Downtown West Orange Alliance, a nonprofit corporation, as the District Management Corporation for the District.

b. On adoption of this section, the Board of Trustees of the Downtown West Orange Alliance will immediately assume the management of the Special Improvement District.

c. Board Members will serve until the election of new members at the first Annual Meeting, which shall be held within 60 days of the adoption of this section.

§ 25-32.7 Membership.

[Ord. No. 2357-12 § 25-32.7; Ord. No. 2560-19]

a. The membership of the Corporation shall be as follows:

1. The owners of real property, subject to the assessment under this section, in the West Orange Special Improvement District as created by the Council of West Orange. Each taxable property as determined by the Tax Assessor's office of the Township of West Orange shall be entitled to one vote.

2. Persons who are legal tenants of property subject to the assessment in the District and who have paid an annual dues to the Corporation shall be entitled to one vote.

3. Any business, organization or individual interested in supporting the purposes of the Corporation may become a non-voting ex-officio member by filing an application in such form as the Board shall prescribe, and paying such dues, if applicable, as the Board may establish.

4. The Board of Trustees, elected at the first Annual Meeting, will consist of 11 voting members, composed of the following:

(a) One Township Council Member to be appointed by the majority vote of the Township Council.

(b) Each Township Council Member and the Mayor shall appoint a trustee who either lives in the Township, works in the District or owns property in the Township. All terms shall run concurrent with the appointing official, and shall be effective from January 1 of the calendar year in which the appointment is made. In the event the appointing person's term ends, the trustee's term shall also terminate. The new Mayor or Council person filling the appointing person's position shall appoint a new trustee. Notwithstanding anything to the contrary, no term shall exceed four years. However, any trustee may be reappointed for additional terms.

(c) Two persons, who either live in the Township, work in the District or own property in the Township, to be elected at the Annual Meeting by the Members. Except as hereinafter provided, these persons shall be elected for a term of four years. The initial two persons elected shall randomly be chosen to serve a two-year term, a three-year term and a four-year term.

(d) Two persons, who either live in the Township, work in the District or own property in the Township, shall be elected at the Annual Meeting by the members. Except as hereinafter provided, these persons shall be elected for a term of four years. The initial two persons elected shall randomly be chosen to serve a two-year term, a three-year term and a four-year term.

(e) The Township Planner will be a non-voting member who acts as a liaison between the Planning Department and the Corporation.

5. All vacancies of an appointment of the Mayor or Township Council will be filled by the person whose appointment is vacant to fulfill the remainder of the term. If a vacancy of an elected member occurs, the Board Members shall appoint a person to fill the vacancy until the next Annual Meeting at which time a new member will be elected at the Annual Meeting to complete the vacant term.

6. The Board shall elect an Executive Board that will consist of a President, Vice President, Treasurer and Secretary.

7. All members of the Board of Trustees will serve on a volunteer basis and none will receive any form of compensation for service on the Board. For all Board of Trustees meetings, a majority of members will constitute a quorum.

8. All Board Members shall disclose any and all business interests which may be involved or affected in the District. A Board Member shall recuse himself/herself from consideration and voting on any contract or direct expenditure to the Board Member, his/her business or any family members' business. In the event a Board Member is unsure about a possible conflict, said member shall state the possible conflict and the Township Attorney shall determine if a conflict exists.

9. The Board of Trustees will:

(a) Adopt and amend the bylaws, rules, regulations and policies in connections with the performance of its duties and the regulation of its affairs.

(b) Publish an annual Program of Work, copies of which will be delivered to the Township Council.

(c) Adopt an annual budget that will be submitted for approval by the Township Council.

(d) Elect officers and develop working committees for the District.

(e) Retain appropriate insurance for the Corporation and its Board.

(f) Hire persons as may be required to perform its duties and pay their compensation from funds available to the Corporation.

10. At the regular Board meeting one month prior to the expiration of terms, the Board's Nominating Committee shall submit a slate of candidates for election to the Board, to which may be supplemented by nominations from other members. The Secretary of the Board will attest to the eligibility of each candidate.

11. The Board of Trustees will hold regular monthly meetings and conduct an Annual Meeting. The meeting schedule will be prominently posted in Town Hall and announced in the newspaper of record. Meeting minutes, financial statements and other pertinent documents will be available for inspection during normal business hours at the Board's offices.

12. The Board of Trustees shall implement the purpose of this section. Among its powers and obligations necessary to fully implement these purposes are:

(a) Apply for, accept, administer and comply with the requirements respecting an appropriation of funds for a gift, grant or donation of property or money;

(b) Make and execute agreements which may be necessary or convenient to exercise the powers and functions of the corporation, including contract with any person, firm, corporation, governmental agency or other entity;

(c) Administer and manage its own funds and accounts and pay its own obligations;

(d) Administer exterior, physical improvements to properties within the District with funds provided by Federal, State or local grant and/or loan programs. The Management Corporation can supplement these funds for these purposes. Any improvements to properties shall be funded through the special assessment only if appropriate grant and loan programs are not available to the Management Corporation;

(e) Fund the rehabilitation of properties in the District, subject to the provisions enumerated in this section;

(f) Accept, purchase, rehabilitate, sell, lease or manage property in the District with the approval of the Township Council of West Orange;

(g) Enforce the conditions of any loan, grant, sale or lease made by the corporation with the approval of the Township Council of West Orange;

(h) Enforce bidding requirements consistent with State of New Jersey law;

(i) Provide security, sanitation and other services to the District, supplemental to those provided normally by the Township of West Orange with the approval of the Township Council of West Orange;

(j) Undertake improvements designated to increase the safety or attractiveness of the District to businesses which may wish to locate there or to visitors to the District including, but not limited to litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, pursuant to pertinent regulations of the Township of West Orange;

(k) Publicize the District and the businesses located within the District boundaries;

(l) Recruit new businesses to fill vacancies in, and to balance the business mix in the District;

(m) Organize special events in the District pursuant to pertinent regulations of the Township Council;

(n) Provide special parking arrangements for the District subject to prior Township Council approval;

(o) Provide temporary decorative lighting in the District.

(p) Other matters related to the purposes of this section as may be directed by the Township Council.

§ 25-32.8 Annual Budget, Hearing and Assessments.

[Ord. No. 2357-12 § 25-32.8]

a. The fiscal year of the District and the Corporation shall be January 1 to December 31. The Corporation shall submit no later than September 1 of each year a detailed annual budget for approval by the Mayor and Council. The budget shall be processed and adopted by the Council of the Township of West Orange in accordance with procedures set forth in N.J.S.A. 40:56-84.

b. The budget shall be submitted with a report that explains how the budget contributes to the goals and objectives for the Special Improvement District. The budget shall be reasonably itemized and shall include a summary of the categories of costs and property chargeable as follows:

1. All projected revenues and proposed expenditures.

2. Each source of revenue shall be separately designated for the fiscal year.

3. A five year projection of the goals and a strategy for the implementation of these goals of the Corporation.

c. (Reserved)

d. Each year, the Corporation shall present to the Township Council a proposed budget. A public hearing shall be held to hear any objections and then the Township Council shall adopt said budget. The Tax Assessor shall prepare the list of properties in the district that are assessed according to this section. This list of property owners, known as the "assessment role" shall be filed in the Municipal Clerk's office and be available for public inspection during normal office hours. Each property owner on the "assessment role" shall receive a notice annually, by mail from the Municipal Clerk at least 10 days before a public hearing to consider objections to be levied against the benefited and assessable properties in the West Orange Special Improvement District. In addition, notice will be published in the official newspaper. The notice shall set forth the time, place and purpose of the meeting. After the public meeting, the official assessment role shall be certified by the Municipal Clerk and sent to the Essex County Tax Board.

e. The Corporation shall be responsible to refund the pro rata share of any portion of this special assessment due to a tax appeal.

f. For the purposes of this section, "annual improvements" shall mean and include any reconstruction, replacement or repair of trees and planting and other facilities of the Special Improvement District and the furnishing of any other local improvements that benefit properties within the District. For the purpose of this section, "cost" shall, with respect to the annual improvements and all other costs, include planning costs, incurred or to be incurred in connection with annual improvement to and operation and maintenance of the District.

g. Any balance of funds remaining unexpended at the end of the fiscal year shall remain available to the Corporation.

h. The Township shall pay over funds to the Corporation semi-annually on the last day of April and October.

§ 25-32.9 Annual Audit of the District Management Corporation.

[Ord. No. 2357-12 § 25-32.9]

The Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Mayor and Township Council. For this purpose, the Corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the Mayor and Township Council within 180 days after the close of the fiscal year of the Corporation and a certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the Community Affairs Department within five days of the filing with the Mayor and Township Council.

§ 25-32.10 Annual Report to the Municipality.

[Ord. No. 2357-12 § 25-32.10]

The Corporation shall, within 60 days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Mayor and Township Council.

§ 25-32.11 Municipal Powers Retained.

[Ord. No. 2357-12 § 25-32.11]

Notwithstanding the creation of a Special Improvement District, the Township of West Orange expressly retains all its powers and authority over the areas designated as within the Special Improvement District.

§ 25-32.12 Severability.

[Ord. No. 1534-98 § 12]

If any provision of this section or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions of application of the act and to this end the provisions of this act are severable.

§ 25-32.13 No Limitation of Powers.

[Ord. No. 2357-12 § 25-32.13]

Nothing contained herein shall prevent the Township Council at any time subsequent to the adoption of this section, by ordinance, from abandoning the operation of the Special Improvement District, changing the extent of the Special Improvement District, supplementing or amending the description of the Special Improvement District or rescinding the designation or redesigning a Corporation. The Township Council may at any time enact, change or repeal any rule or regulation adopted on the operations of the Special Improvement District.

§ 25-32.14 Effective Date.

[Ord. No. 2357-12 § 25-32.14]

This section shall take effect upon passage, approval and publication as required by law or on July 1, 1998, whichever is later.

§ 25-33 through § 25-39 (RESERVED)

§ 25-40 ADMINISTRATIVE PROVISIONS.

§ 25-40.1 Application of Regulations.

[Ord. No. 2357-12 § 25-40.1]

All buildings or structures hereafter used, constructed, altered, enlarged or rebuilt, and all lots or land shall hereafter be used in accordance with the regulations of this chapter.

§ 25-40.2 Permits.

[Ord. No. 2357-12 § 25-40.2]

a. Building Permits.

1. No building, structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until there has been filed with the Construction Official a plan in duplicate, drawn to scale showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location of the main structure, building or buildings, together with accessory buildings, if any, supplemented by such other information as may be necessary to provide for the enforcement of this chapter, and to determine the proprietary of issuance of a Building Permit by the Construction Official, with a prior signoff of the Zoning Officer.

2. No Building Permit shall be issued for the erection, construction, reconstruction, alteration or moving of any building or structure or part thereof, unless the plans indicate that such building or structure or part thereof, is designed and intended to conform in all respects to the provisions of this chapter, and until either the Planning Board or Zoning Board, where applicable, have approved a site plan that conforms with the requirements of this chapter. However, in the case of a permitted single family house, Planning Board or Zoning Board approval is not required prior to the issuance of a Building Permit unless specific conditions have been placed on the property by the Township Council.

3. Prior to the issuance of a Building Permit or Certificate of Occupancy for any permitted or nonconforming use, the applicant shall apply for any required approvals from the Planning Board or Board of Adjustment, such as site plan or variance approval.

4. Prior to the issuance of Building Permits for any application approved by the Planning Board or Zoning Board of Adjustment, the applicant shall submit eight copies of plans (site plans and architectural plans including floor plans and elevations) to the Planning Director to be signed by the Township Engineer, the Board Chairman and the Board Secretary. Signed plans in accordance herewith are required before any construction or other permits may be issued.

5. If any construction takes place that deviates from the plans or resolution of approval by the Planning Board and/or Zoning Board of Adjustment, the approval shall be deemed null and void.

6. If the approval is deemed null and void, all construction must stop.

7. Prior to the issuance of any construction or building permits, all required governmental permits and approvals must be obtained and copies provided to the Director of Planning and Municipal Engineer.

b. Certificate of Occupancy Permit.

1. Upon the completion in compliance with all the provisions of this chapter of any building or structure or alteration or enlargement thereto, upon the putting into use of any premises, lot or land where no building or structure is involved, or upon any change in tenancy for any nonresidential structure or lot, the owner or agent shall apply to the Construction Official and Zoning Officer in writing, for the issuance of a Certificate of Occupancy or use, pursuant to the provisions of this section. The Certificate, when issued by the Construction Official and Zoning Officer, shall show that the building or structure, premises, lot or land or part thereof and the proposed use are in conformity with the provisions of this chapter and of all other applicable ordinances. It shall be the duty of the Construction Official and Zoning Officer to issue a Certificate of Occupancy or use within 10 days after a written request for the same shall be filed in his/her office by the owner or agent, after having determined that the building or structure, premises, lot or land and the proposed use conform with this chapter and all other applicable ordinances.

2. No Certificate of Occupancy shall be issued unless the Township Engineer shall certify, where applicable, that all construction improvements have been installed pursuant to the plans as filed with the Construction Official and Zoning Officer.

3. A Certificate of Occupancy or Use shall be similarly applied for in the name of the owner, in the case of any building, structure, or premises, lot or land proposed to be put into use pursuant to any variance of the provisions of this chapter granted by the Board of Adjustment or by the Planning Board. Such certificate, when issued by the Construction Official and Zoning Officer, shall include a detailed description of the variance.

4. Upon written application of the owner or agent, the Construction Official shall issue a Certificate of Occupancy or use for any building or structure, premises, lot or land existing and in use on the effective date of this chapter, provided that he shall find that the use of such building or structure, premises, lot or land is in conformity with the provisions of this chapter and of all other applicable ordinances.

5. Upon written application, the Construction Official is empowered to issue limited and conditional Certificates of Occupancy for nonconforming buildings or structures accessory and incident to building construction or public works projects or to the holding of public, civic or charitable entertainments or exhibition for profit or nonprofit sponsored under public or private auspices; provided that no certificate shall cover a period exceeding six months; and further provided that the certificate shall prescribe such reasonable conditions as will properly protect the public health, safety, morals and general welfare of the neighborhood in which such structure is situated.

6. The Construction Official shall require from the Planning Board a written order before issuing a Certificate of Occupancy or Use in cases involving a conditional use pursuant to Subsection b of this subsection or a variance from the provisions of this chapter pursuant to Subsection 25-24.2.

7. (Reserved)

8. Prior to the issuance of a building permit or Certificate of Occupancy for any permitted or nonconforming use, the applicant shall apply for any required approvals from the Planning Board or Board of Adjustment, such as site plan or variance approval.

9. Fees. Any person requesting a Certificate of Occupancy shall pay a fee of $50 per dwelling unit for the inspection.

c. Environmental Impact Permits shall be issued pursuant to § 25-13.

d. Certificate of Continued Occupancy.

1. Prior to the sale or rental of any existing residential structure containing one unit or more, a Certificate of Continued Occupancy must be obtained which shall be issued by the Construction Official or designated agency or department provided with the authority to grant and issue such certificates. The application of such permit shall be made by the owner of record and shall comply with such administrative provisions as required by the Construction Official in accordance with N.J.A.C. 52:27D-198.1. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State of New Jersey, that it is in compliance with all fire safety requirements as set forth in Chapter 18, § 18-3, of the Township Code, and that it is in compliance with the Land Use Regulations of the Township or is considered a legal nonconforming use.

2. Prior to the sale or change in occupancy of any unit in an existing commercial structure, a Certificate of Continued Occupancy shall be issued by the Construction Official. The application of such permit shall be made by the owner of record and shall comply with such administrative provisions as required by the Construction Official. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State of New Jersey that it is in compliance with all fire safety requirements as set forth in § 25-40.3 of this chapter of the Township Code, and that it is in compliance with the Land Use Regulations of the Township or is considered a legal nonconforming use.

3. The Certificate of Continued Occupancy shall state the maximum number of persons that may lawfully occupy the premises covered by the certificate. The occupancy number must match the documentation submitted.

4. The fee for requesting the issuance of a Certificate of Continued Occupancy shall be as follows:

[Amended 11-23-2021 by Ord. No. 2666-21]

Single Unit Residential Dwelling	$100
2 Unit Residential Dwelling	$150
3 Unit Residential Dwelling	$200
4 Unit Residential Dwelling	$250
5 Unit Residential Dwelling	$300
6 Unit Residential Dwelling	$350
Sale or Change in Occupancy of Commercial Space	$100 per unit up to 1,000 square feet or $0.10 per square foot for 1,001 square feet to 5,000 square feet or $0.15 per square foot for 5,001 square feet and up to a maximum of $5,000.
Reinspection fee	$50

5. It shall be the responsibility of the Tax Assessor of the Township to advise individuals requesting tax assessment searches that a Certificate of Continued Occupancy is required in connection with the sale of any single unit residential dwelling, any sale or change in occupancy of any residential structure containing one or more units or any change in occupancy of any existing commercial unit.

6. Any person seeking a determination from the Construction Official that a Certificate of Continued Occupancy is not required prior to the sale of any existing building, dwelling unit or residence shall pay to the Township a fee of $25 for such determination.

7. Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this ordinance.

8. To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with § 25-59b.

9. Any person who serves as an agent, employee or representative of any party to a real estate transaction, including but not limited to any licensed real estate broker, attorneys for seller, buyer, and/or lender may be found liable for a violation hereunder and punished to the full extent of the law.

10. Upon inspection of any building, premises, apartment or any other dwelling unit, the Construction Official, upon finding that the dwelling unit contains only minor violations of this chapter which are not related to the health, safety and welfare of a prospective tenant so as to prohibit occupation of the tenant, may allow a Temporary Certificate of Continued Occupancy to be issued which shall be conditioned upon the property owner's, landlord's or tenant's complying with the provisions of this chapter and the Uniform Construction Code within a reasonable period of time not to exceed 30 days or as per the construction official in writing from the issuance. A permanent Certificate of Continued Occupancy, when all requirements are met within the given time period, shall have no additional fee.

§ 25-40.3 Requirement for Installation and Maintenance of Smoke-Sensitive Alarm Devices and Portable Fire Extinguishers in All Dwelling Units.

[Ord. No. 2357-12 § 25-40.3]

a. Definitions. Whenever the following terms are used in this section, they shall have the meanings respectively ascribed to them by this section as follows:

APPROVED RATING ORGANIZATION

Shall mean any of the following: Underwriters Testing Laboratories (UL), Factory Mutual Research Corporation, National Bureau of Standards or National Fire Protection Association Standard Number 72-1996 Edition, National Fire Alarm Code.

CARBON MONOXIDE ALARM

Shall mean an instrument approved by an Approved Rating Organization for the detection of carbon monoxide.

DWELLING UNIT(S)

Shall mean any building, structure or portion thereof including but not limited to single and two-family residences.

ENFORCING AGENCY

Shall mean the municipal department or agency which has been authorized to enforce provision of this section.

FIRE OFFICIAL

Shall mean the Fire Code Official of the Township who is employed to enforce the Uniform Fire Safety Act.

PORTABLE FIRE EXTINGUISHER

Shall mean an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency.

SEASONAL RENTAL UNIT

Shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.

SMOKE SENSITIVE ALARM DEVICE

Shall mean an instrument approved by an Approved Rating Organization for detection of combustion produced by burning or smoldering materials.

b. Smoke-Sensitive Alarm Devices.

1. A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.

2. When it is necessary to install the smoke detector on the wall, it shall be installed with the top edge of the detector between four and 12 inches from the ceiling.

3. In buildings of more than two households which are not required to comply with the requirements set forth in State and local requirements, smoke-sensitive alarm devices shall be installed at the highest point in every stairway and a least one on every floor.

4. This section does not amend or alter requirements of the New Jersey Uniform Fire Safety Code and Building Code for installation and maintenance of smoke-sensitive alarm devices in the common areas of multiple family dwellings.

5. All smoke-sensitive alarm devices required hereunder shall bear a seal, tested and listed by an Approved Rating Organization and shall comply in design to all applicable State, Federal or industrial requirements.

c. Portable Fire Extinguishers. Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedures Act."

d. Requirement for Installation and Maintenance of Carbon Monoxide Alarms in All Dwelling Units. Carbon monoxide alarms shall be installed in all dwelling units within the Township of West Orange except for those dwelling units that do not contain any fuel-burning appliances and that do not have an attached garage. The carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s) within the dwelling units.

Carbon monoxide alarms may be battery operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of N.J.A.C. 5:70-4.19, NFPA-720, and the Uniform Fire Code of New Jersey.

e. Enforcement. Enforcement of this section shall be performed by either the Fire Official, the Construction Official or the Zoning Official who shall all qualify as enforcing agencies.

f. Audible Signal. Upon activation, all smoke-sensitive alarm devices and carbon monoxide alarms shall provide an audible alarm, which is to be distributed and have such character so that they can be heard in all rooms of the dwelling unit with its doors closed. The audible signals shall be distinctive from other audible signaling devices that may be used for other purposes in a dwelling unit. Smoke-sensitive alarm devices and carbon monoxide alarms shall be designed for and shall be capable of self-restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarms other than by reactivation of the system.

g. Responsibility of Owner. The owner of any structure shall be responsible for the maintenance and replacement of the smoke-sensitive alarm device(s) and carbon monoxide alarm(s) required by this section. However, the tenant shall be responsible for the periodic testing of the smoke-sensitive alarm device(s) and carbon monoxide alarm(s) to insure that they are operational during the term of such tenancy. In the event of any defective smoke-sensitive alarm device or carbon monoxide alarm, the tenant shall notify the owner within 24 hours. Each owner shall thereafter be responsible to repair or replace the defective smoke-sensitive alarm device or carbon monoxide alarm within five days of being notified that same is defective. Failure to correct the defective smoke-sensitive alarm device or carbon monoxide alarm within five days after notification shall constitute a violation of this section.

§ 25-40.4 Completion of Existing Buildings.

[Ord. No. 2357-12 § 25-40.4]

a. This chapter or any amendment thereto shall not affect any building or its designated use under the following series of conditions and circumstances:

1. Complete plans for the building legally filed prior to the adoption of the N.J. Uniform Building Code or any amendment thereto affecting such building or the use thereof.

2. Actual construction begun within 90 days after the building permit was issued.

3. Structural framework completed within six months after the Building Permit was issued.

4. Entire building completed according to the filed plans within two years after the Building Permit was issued.

b. If a projected building is situated in a district which is hereafter changed by amendment to the zoning map, the provisions of Subsection a above shall apply to such building.

§ 25-40.5 Enforcement.

[Ord. No. 2357-12 § 25-40.5]

a. Enforcement Officer. The Construction Official is hereby designated the Enforcement Officer under this section.

b. Compliance. The Construction Official shall withhold issuing a Certificate of Occupancy for any project which is not in full compliance with this section as approved by the Township Engineer or his/her designated representative.

c. Review. A determination to withhold the Certificate of Occupancy, under Subsection b above shall be made after a review of the plans and specifications on file with the Construction Official and an on-site inspection by the Construction Official or his/her designated representative.

d. Within the Division of Inspections in the Department of Planning and Development, there is created the office of Zoning Officer. The Planning Director shall have the ability to appoint and/or designate the party who shall fill the office of Zoning Officer. The person filling the office of Zoning Officer may also perform other duties such as Construction Official within the Division of Inspections.

1. Duties of the Zoning Officer.

(a) It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and Chapter 14, and in no case, except under a written order of the Board of Adjustment or the Township Council, as prescribed by Statute, shall any building permit be issued for the erection or structural alteration of any building or land where the proposed erection, structural alteration of any building or land or use thereof would be in violation of any provision of this chapter. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the zoning map, and so as the propriety to issuing a building permit or Certificate of Occupancy or Use in a particular case, he/she shall appeal the matter to the Zoning Board of Adjustment.

(b) It shall be the duty of the Zoning Officer to investigate any violation of this chapter or Chapter 14. Where any building or structure is erected, constructed or maintained or any building, structure or land is used in violation of any provision of this chapter or Chapter 14, the Zoning Officer may serve summonses immediately upon the property owner of record, tenant, occupant, management company, partnership, receiver, mortgagee, corporation, individual or persons and/or other person or entity involved in the conduct of the illegal use or activity.

(c) It shall be the duty of the Zoning Officer to keep records of all applications for building permits and of all such permits issued with a notation of all special conditions involved. He/she shall file and safely keep copies of all plans and specifications submitted with such application, and the same shall form a part of the records of his/her office and shall be available to the Township Council and all other officials of the Township.

e. Inspection of the Premises. The Zoning Officer or a duly authorized agent of the Division of Inspections shall at all reasonable times be permitted access to inspect any buildings, structures, lots or land, whether already erected or put into use or in the course of erection and putting into use for the purpose of determining whether or not provisions of this chapter are being complied with.

f. Violation, Penalties and Injunctions. Refer also to the General Penalty for any violation of any provision of the Code. See Chapter 1, § 1-5.

1. Any person, corporation or any owner of lands and structures who shall violate this section or who shall erect, structurally alter, enlarge, rebuild or move any structure or structures or who shall use any lot or land in a manner different than as set forth in any detailed statement submitted and approved under the terms of this section, or who shall refuse reasonable attempts to inspect any premises shall be deemed a disorderly person and shall, upon conviction, be liable to a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both, and each day in which such violation continues shall constitute a separate violation or offense.

2. Any architect, builder, contractor, agent or person who is employed in connection with, or assist in, the violation of any part of the selection shall be liable to the same penalties set forth in Subsection 1.

3. In addition to the foregoing remedies, the Township Attorney may maintain an action in court of competent jurisdiction to enjoin, restrain, abate, correct and remove any violation of this section.

4. Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this chapter.

5. To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with § 25-59b.

6. Any person who serves as an agent, employee or representative of the owner, including but not limited to any licensed real estate broker, may be found liable for a violation hereunder and punished to the full extent of the law.

§ 25-40.6 Relation of Zoning Regulations to Other Provisions of Law.

[Ord. No. 2357-12 § 26-40.6]

This chapter shall not in any way abrogate or impair any provision of law or ordinance or regulations existing or as may be adopted in the future, except that where this chapter imposes a greater restriction of buildings and structures, or required larger lots or yards, the provisions of this section shall apply to the following ordinances, rules and regulations, among others:

Uniform Construction Code;

Health Code;

Subdivision Regulations of the Planning Board;

Tenement House Act of the State of New Jersey; and

All other applicable ordinances of the Township.

No provisions contained in this chapter 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 adopted by the Planning Board or Board of Adjustment.

§ 25-40.7 Public Records.

[Ord. No. 2357-12 § 26-40.7]

Duly certified copies of this chapter and of the Zoning Map, together with copies of all amendments, shall be filed in the Township Clerk's office and in the Construction Official's office, and shall be open to public inspection.

§ 25-40.8 Procedure for Amendment.

[Ord. No. 2357-12 § 26-40.8]

All amendments to this chapter and to the Zoning Map shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-62 through 68 as most recently amended.

§ 25-41 through § 25-44. (Reserved)

Article II Organizational Details, Procedures and Application Requirements

§ 25-45 PURPOSE.

[Ord. No. 2357-12 § 25-45]

The purpose of this Article shall be to establish a Planning Board and Zoning Board of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-1, et seq. to define the powers and duties of the Boards and to fix the procedures governing applications to and appeals from the Boards.

§ 25-46 PLANNING BOARD.

§ 25-46.1 Establishment.

[Ord. No. 2357-12 § 25-46.1]

Pursuant to the authority granted by N.J.S.A. 40:55D-23, there shall be hereby established a Planning Board comprised of 11 members of the Township, consisting of the following four membership classes:

a. Class I. The Mayor.

b. Class II. One official of the Township, other than a member of the Township Council, to be appointed by the Mayor. The Environmental Commission member shall be the Class II member only if the Class IV membership includes both a member of the Board of Education and a member of the Zoning Board of Adjustment.

c. Class III. A member of the Township Council appointed by it.

d. Class IV. Eight other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. A member of the Environmental Commission who shall also be a member of the Planning Board, shall be a Class IV member, unless the Class IV membership includes both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II Planning Board Member. Of the eight members, two shall be appointed as alternate members. Alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2". In the event that a choice must be made as to which alternate is to vote, Alternate No. 1 shall vote.

§ 25-46.2 Terms.

[Ord. No. 2357-12 § 25-46.2; Ord. No. 2559-19]

a. The term of the member constituting Class I shall correspond with his or her official tenure.

b. The term of the member constituting Class II shall be for one year, or terminate at such time as the member is no longer an official of the Township, whichever occurs first. If the Class II member is also a member of the Environmental Commission, that member's term shall be for three years or shall terminate at such time as the member is no longer a member of the Environmental Commission, whichever occurs first.

c. The term of the member constituting Class III shall be for one year or terminate at such time as the member is no longer a member of the Township Council, whichever occurs first.

d. The term of a Class IV member who shall also be a member of the Board of Education or the Zoning Board of Adjustment shall terminate whenever that member is no longer a member of such other body or at the completion of his or her Class IV membership as defined in paragraph e below, whichever occurs first.

e. The terms of all Class IV members first appointed pursuant to this chapter shall be so structured that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by the Mayor at the time such initial appointments are made provided that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Except as hereinabove provided, all Class IV members, shall be appointed for terms for four years, all such terms running from January 1 of the calendar year in which the appointment is made.

f. Following member's absence from four consecutive meetings, that regular member's position on the Planning Board shall be declared vacant following written notice to the Mayor and Township Council provided that the Planning Board may refuse to excuse absences only with respect to those failures to attend and participate which are not due to legitimate illness. Any and all such vacancies shall be filled by appointment as provided for in subsection 25-46.2 above, for the unexpired term.

§ 25-46.3 Vacancies.

[Ord. No. 2357-12 § 25-46.3]

If a vacancy shall occur, in any class, other than by expiration of the term to which a member was appointed, such vacancy shall be filled by appointment as provided for in subsection 25-46.2 above, for the unexpired term.

§ 25-46.4 Compensation.

[Ord. No. 2357-12 § 25-46.4]

All members of the Planning Board shall serve without compensation.

§ 25-46.5 Organization.

[Ord. No. 2357-12 § 25-46.5; Ord. No. 2559-19]

a. The Planning Board shall elect a Chairperson and Vice-Chairperson from the members of Class IV, each to serve in such capacity for one year dating from January 1 of the calendar year in which elected. Individual Class IV members may not be elected to successive terms as Chairperson and Vice-Chairperson.

b. The Planning Board shall select a Secretary, who may be a member of the Planning Board or a municipal employee or such other person as the Board may decide upon. If the Board wishes to select a municipal employee, the Mayor shall provide that such employee be compensated for his or her services as secretary.

§ 25-46.6 Experts and Staff.

[Ord. No. 2357-12 § 25-46.6; Ord. No. 2559-19]

a. The Planning Board shall appoint an attorney of the State of New Jersey, in good standing, other than the Township Attorney, Assistant Township Attorney or Zoning Board Attorney, as Planning Board Attorney. Such appointment shall be for a one year term dated from January 1 of the calendar year in which such appointment is made. The Planning Board may fix the compensation or rate of compensation of the Planning Board Attorney; however, in no case shall the compensation provided exceed the amount appropriated by the Council in the municipal budget.

b. The Planning Board may also employ or contract for the services of experts and other additional staff and services as the Board shall deem necessary and proper to aid in the performance of its duties. The Board's expenditures for such staff and services, exclusive of gifts or grants, shall not exceed the amount appropriated by the Council in the municipal budget.

§ 25-46.7 Powers and Duties.

[Ord. No. 2357-12 § 25-46.7]

The Board shall adopt, and make available to applicants requesting the same, rules and regulations to facilitate carrying the provisions of this chapter into effect. The Planning Board shall be authorized to charge a reasonable fee for each copy of such rules and regulations. The County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply to the issuance of subpoenas, the administration of oaths and the taking of testimony. The Board shall also have the following powers and duties:

a. To prepare and after public hearing, adopt or amend a master plan or the component parts thereof in accordance with the provisions of N.J.S.A. 40:55D-28.

b. To administer the provisions of the land subdivision chapter and site plan review ordinance of the Township pursuant to the provisions of those ordinances and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

c. To approve conditional use applications in accordance with the provisions of the zoning ordinance and N.J.S.A. 40:55D-67.

d. When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment.

1. Variances, pursuant to N.J.S.A. 40:55D-70c.

2. Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permits for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

3. Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Whenever relief is granted pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

e. To consider and report to the Township Council within 35 days after referral as to any proposed development regulations submitted to it, pursuant to N.J.S.A. 40:55D-26a.

f. The Construction Official and Township Council are authorized pursuant to N.J.S.A. 40:55D-26b, to refer to the Planning Board any matter concerning land in the Township of West Orange, all contiguous municipalities and the County of Essex. Such reference shall not extend the time for action by referring authority. The Planning Board may choose to issue no report or it may make a recommendation concerning the matter referred to it. Whenever the Planning Board issues a recommendation to another municipal body pursuant to this paragraph, such recommendation may be rejected only by a majority or the full authorized membership of the other body.

g. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

h. To assemble data on a continuing basis as part of a continuous planning process.

i. To prepare a program of municipal capital improvement projects projected over a term of at least six years pursuant to N.J.S.A. 40:55D-20.

j. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Council for the aid and assistance of the Council or other agencies or officers of the municipality.

§ 25-46.8 Citizens' Advisory Committee.

[Ord. No. 2357-12 § 25-46.8]

After the appointment of the Planning Board, the Mayor, in his/her sole discretion, may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

§ 25-46.9 Minor Subdivisions.

[Ord. No. 2357-12 § 25-46.9]

Minor Subdivision approval shall be deemed to be final approval of the subdivision by the Planning Board, provided that the Board may condition such approval on terms as described in N.J.S.A. 40:55D-47.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate to that effect shall be issued by the Secretary of the Planning Board on request of the applicant.

The Planning Board shall grant only conditional approvals for application for development which require review or approval by the County Planning Board pursuant to N.J.S.A. 40:27-6.3. A final approval shall be granted upon receipt of a favorable report or approval from the County Planning Board or upon the failure of the County Planning Board to report on the application within the required time period.

Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval, within such period, a plat, in conformity with such approval and the provisions of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, shall be filed by the applicant with the County Recording Officer, the municipal engineer and the municipal tax assessor. The Chairman and Secretary of the Planning Board shall sign such plats or deeds which accurately depict the minor subdivision, as approved by the Board, to enable the same to be filed with the County Recording Officer.

§ 25-46.10 Major Subdivisions.

[Ord. No. 2357-12 § 25-46.10]

a. Preliminary Approval. Upon submission of a complete application for development of a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary subdivision, approval within 45 days of the date of such submission, or within such further time as may be consented to by the developer. Upon submission of a complete application for development of a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary subdivision approval within 95 days of the date of such submission, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension consented to by the developer, shall constitute a grant of preliminary approval for the subdivision.

b. Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary power to grant a variance, as set forth in subsection 25-46.7d, the Planning Board shall grant or deny approval of the application for development within 95 days after submission by the developer of a complete application for development, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension to by the developer, shall constitute a grant of approval for the entire application for development.

c. Final Approval. The Planning Board shall grant or deny final subdivision approval within 45 days of the submission of a complete application therefor, or within such further time as may be consented to by the developer. Failure of the Planning Board to act within the prescribed time, or within the period of any extension consented to by the developer, shall constitute a grant of approval for the entire application for development.

Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat, unless within such period the plat shall have been duly filed by the developer with the Essex County Recording Officer. The Planning Board may, for good cause shown by the developer, extend the period for recording the plat for an additional period not to exceed 190 days from the date of the signing of the plat.

§ 25-47 ZONING BOARD OF ADJUSTMENT.

§ 25-47.1 Establishment.

[Ord. No. 2357-12 § 25-47.1]

Pursuant to the authority granted by N.J.S.A. 40:55D-69, there shall be hereby established a Zoning Board of Adjustment comprised of 11 residents of the Township. Members shall be appointed as follows:

a. Five regular members to be appointed by the Township Council, same being one appointment by each member of the Township Council individually.

b. Two regular members to be appointed by the Mayor, without the requirement of advice and consent of the Township Council.

c. Four alternate members to be appointed as follows: Two by the Township Council as a whole and two by the Mayor with the advice and consent of the Township Council.

d. Any regular or alternate member of the Zoning Board of Adjustment is expressly prohibited from serving on the Board if he or she is:

1. An elected official in the Township.

2. A full-time or part-time employee of the Township.

e. As provided by State law, however, (N.J.S.A. 40:55D-69) the Zoning Board of Adjustment shall select a secretary who may or may not be a Board Member or a Township employee.

§ 25-47.2 Terms.

[Ord. No. 2357-12 § 25-47.2; Ord. No. 2558-19]

Each regular member shall be appointed for a term of four years. All terms shall run from January 1 of the calendar year in which the appointment is made.

The terms of the members first appointed pursuant to this section shall be so structured that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment, as determined by the Township Council at the time such initial appointments are made, provided that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.

Each alternate member shall be appointed for a term of two years. All terms shall run from January 1 of the calendar year in which the appointment is made. Alternate members shall be designated by the Chairperson as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4" and shall serve in rotation during the absence or disqualification of any regular member or members.

Following a regular member's absence from meetings for eight consecutive weeks, or four consecutive regular meetings, whichever is longer, that regular member's position on the Zoning Board of Adjustment shall be declared vacant following written notice to the Mayor and Township Council provided that the Zoning Board of Adjustment may refuse to excuse absences only with respect to those failures to attend and participate which are not due to legitimate illness. Any and all such vacancies shall be filled by an alternate member who shall be designated to replace that regular member.

§ 25-47.3 Vacancies.

[Ord. No. 2357-12 § 25-47.3]

If a vacancy shall occur other than by expiration of the term to which a member was appointed, such vacancy shall be filled by appointment for the unexpired term. Such appointment shall be made by the appointing authority which appointed the member whose departure caused the vacancy to occur.

§ 25-47.4 Compensation.

[Ord. No. 2357-12 § 25-47.4]

All members of the Zoning Board of Adjustment shall serve without compensation.

§ 25-47.5 Organization.

[Ord. No. 2357-12 § 25-47.5; Ord. No. 2560-19]

a. The Zoning Board of Adjustment shall elect a Chairperson and Vice-Chairperson from its members. Each shall serve in such capacity for one year, dated from January 1 of the calendar year in which elected. Members may not be elected to successive terms as Chairperson and Vice-Chairperson.

b. The Zoning Board of Adjustment shall elect a Secretary, who may be a member of the Zoning Board of Adjustment or a Township employee or such other person as the Board may decide upon. If the Board wishes to select a Township employee, the Mayor shall designate the employee and the Mayor and Council shall provide that the employee shall be compensated for his or her services as Secretary.

§ 25-47.6 Experts and Staff.

[Ord. No. 2357-12 § 25-47.6; Ord. No. 2560-19]

The Zoning Board of Adjustment shall appoint an attorney of the State of New Jersey, in good standing, other than the Township Attorney, Assistant Township Attorney or Planning Board Attorney, as Zoning Board of Adjustment Attorney. Such appointment shall be for a one year term dating from January 1 of the calendar year in which such appointment is made. An individual may be appointed to successive terms as Zoning Board of Adjustment Attorney; however, in no case shall the compensation provided exceed the amount appropriated by the Council in the municipal budget.

§ 25-47.7 Powers and Duties.

[Ord. No. 2357-12 § 25-47.7]

Pursuant to N.J.S.A. 40:55D-70, the Zoning Board of Adjustment shall have the power to:

a. Hear and decide appeals where it is alleged that there is an error in the decision or refusal made by the Construction Official, Zoning Officer or any other administrative officer of the Township based on or made in the enforcement of the zoning provisions of this chapter.

b. Hear and decide requests for interpretation of the Zoning Map or zoning provisions of this chapter.

c. Where: 1. By reason of exceptional narrowness, shallowness or shape of a specific piece of property; or 2. By reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or 3. By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship. Where, in an application or appeal relating to a specific piece of property, the purposes of this act would be advanced by a deviation from the zoning regulations requirements, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to those departures under this subsection, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to this section.

d. In particular cases and for special reasons, grant a variance to allow departure from the zoning regulations of this chapter to permit: 1. A use or principal structure in a district restricted against such use or principal structure; 2. An expansion of a nonconforming use; 3. Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; 4. Increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 5. An increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; 6. A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of at least five members of the Zoning Board of Adjustment.

No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and shall not substantially impair the intent and purpose of the zone plan and zoning regulations.

An application for development under any provision of this section may be referred to any appropriate person or agency, for a report; provided that such reference shall not extend the period of time within the Zoning Board of Adjustment shall act.

§ 25-47.8 Other Powers and Duties.

[Ord. No. 2357-12 § 25-47.8]

The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69, as amended and lamented, and in accordance with the provisions of this chapter.

a. The Board shall adopt, and make available to applicants requesting the same, rules and regulations to facilitate carrying the provisions of this chapter into effect. The Zoning Board of Adjustment shall be authorized to charge a reasonable fee for each copy of such rules and regulations. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.

b. The Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.

c. The Board shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building not related to a street.

d. The Board shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-67 in conjunction with Zoning Board of Adjustment review of an application for approval of a use variance pursuant to this chapter.

e. The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of the zoning regulations in accordance with the general and specific rules contained herein, and with the general rules that equity shall be done in cases where the strict construction of the provisions of the zoning regulations would work undue hardship. The Board having derived its existence and powers from the enabling statute, the Board shall in all cases, follow all provisions of N.J.S.A. 40:55D-1 et seq., and all subsequent amendments applicable to it.

f. It is the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, but not limited to the authority, in connection with any case or proceeding before the Board, to interpret and construe the provisions, including any word, term, clause or sentence, of this chapter, the zoning regulations and the Zoning Map in accordance with the general rules of construction applicable to legislative enactments.

g. The Board shall have the power to grant a soil removal permit in connection with an application for variance approval.

§ 25-47.9 Direct Application and Appeals.

[Ord. No. 2357-12 § 25-47.9]

a. Appeals to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the Zoning Officer, appointed pursuant to the zoning regulations based upon or made in the enforcement of the zoning regulations or official map. Such appeal shall be taken within 65 days by filing a notice of appeal with the Zoning Officer.[1] The notice of appeal shall specify the grounds for the appeal. Upon receipt of the notice of appeal, the Zoning Officer shall forthwith transmit to the Secretary of the Zoning Board of Adjustment all papers constituting the record upon which the action appealed from was taken.

[1] Editor's Note: N.J.S.A. 40:55D-72 provides that appeals may be taken within 20 days.

b. An application for development may be filed directly with the Secretary of the Zoning Board of Adjustment for action under any of its powers without prior application to the Zoning Officer. Applicants shall file at least that number of copies of the application and the required fees as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall file all other plans, maps, sketches or other documents as prescribed by the rules and regulations of the Zoning Board of Adjustment. Applicants shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Zoning Board of Adjustment shall inform applicants of the steps to be taken to initiate applications, and of the regular meeting dates of the Board.

c. An appeal to the Zoning Board of Adjustment constitutes an automatic stay of all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Officer certifies to the Secretary of the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court of New Jersey, upon notice to the Zoning Officer and on due cause shown.

d. Pursuant to N.J.S.A. 40:55D-75 the Zoning Board of Adjustment, in connection with appeals from the Zoning Officer, may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision interpretation or determination appealed from, and to that end shall have all the powers of the Zoning Officer.

§ 25-47.10 Removal of Members.

[Ord. No. 2357-12 § 25-47.10]

a. A regular or alternate member may be removed from the Zoning Board of Adjustment by the Governing Body for cause. Any member sought to be removed shall be entitled to a public hearing if he or she so requests.

b. For purposes of this subsection absence by a regular or alternate member from four consecutive meetings of the Zoning Board of Adjustment shall be deemed to be a just cause for removal.

§ 25-48 PROVISIONS APPLICABLE TO BOTH PLANNING BOARD AND THE ZONING BOARD OF ADJUSTMENT.

§ 25-48.1 Conflicts of Interest.

[Ord. No. 2357-12 § 25-48.1]

No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which such member has, either directly or indirectly, any personal, pecuniary or financial interest. Whenever any such member shall disqualify himself or herself from acting on a particular matter, such member shall not continue to sit with the Board on the hearing of the matter nor participate on any discussion or decision relating thereto.

§ 25-48.2 Meetings.

[Ord. No. 2357-12 § 25-48.2]

a. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

b. Special meetings may be held at the call of the Chairman or on the request, in writing, of any two Board members. Such meetings shall be held on notice to its members and the public in accordance with law.

c. Except as otherwise provided by N.J.S.A. 40:55D-1 et seq., all actions shall be taken by a majority vote of those members present at any meeting; provided that no action shall be taken at any meeting unless a quorum is present.

d. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.

§ 25-48.3 Minutes and Records.

[Ord. No. 2357-12 § 25-48.3]

a. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearance and addressing the Board and of persons appearing by attorney, the action taken by the Board, the findings and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party upon request may obtain a photocopy of such minutes upon payment of the usual fee charged by the Township Clerk for such services.

b. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Upon the request of any interested party, and the payment of the costs therefore by such party, the Board shall furnish a transcript, or duplicate recording in lieu thereof, of any hearing before such Board.

§ 25-48.4 Testimony and Oaths.

[Ord. No. 2357-12 § 25-48.4]

a. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer. The right to cross-examine witnesses shall be afforded to all interested parties through their attorneys, or directly if not so represented, subject to the discretion of the presiding officer and to reasonable limitations in accordance with due process of law.

b. The chairman of each Board, or such person as he or she may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of documents in accordance with the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq.

§ 25-48.5 Notice Requirements.

[Ord. No. 2357-12 § 25-48.5]

Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1, or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:

a. Public notice shall be given by publication in the West Orange Chronicle or the Star-Ledger at least 10 days prior to the date of the hearing.

b. Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing, whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by:

1. Serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property; or

2. Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt shall not be required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

c. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of the municipality, which notice shall be in addition to the notice required to be given, pursuant to this section and N.J.S.A. 40:55D-1 et seq., to the owners of lands in the adjoining municipality which are located within 200 feet of the subject premises.

d. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road or proposed road shown on the official County map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.

e. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

f. Notice shall be given by personal service or certified mail to the Department of Community Affairs of a hearing on an application for development of property which shall exceed 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-16.

g. All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

h. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

i. All notices required to be given pursuant to the terms of this section shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.

§ 25-48.6 List of Property Owners.

[Ord. No. 2357-12 § 25-48.6]

Pursuant to N.J.S.A. 40:55D-12c, the Tax Assessor shall, within seven days after receipt of a request therefor, and upon payment of a $10 fee, make and certify a list from the current tax duplicate of the names and addresses of all owners to whom the applicant is required to give notice pursuant to this chapter.

§ 25-48.7 Decisions.

[Ord. No. 2357-12 § 25-48.7]

a. The Planning Board or Zoning Board of Adjustment shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:

1. A resolution adopted at a meeting held within the time period provided in the act for action by the Board on the application for development; or

2. A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for the purpose of the mailings, filings and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as herein specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the Township.

b. A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant, or if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the clerk, who shall make a copy of such filed decision available to any interested party upon payment of fee calculated in the same manner as those established for copies of other public documents in the ownership.

c. A brief notice of every final decision shall be published in the West Orange Chronicle or the Star-Ledger. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

§ 25-48.8 Payment of Taxes.

[Ord. No. 2357-12 § 25-48.8]

a. Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A. 40:55D-65h, respectively, every application for development shall be accompanied by proof that all taxes or assessments for local improvements are paid on the property which is the subject of such application through the tax quarter immediately preceding the filing of the application.

b. The Boards may further require that as a condition for any approval which is required pursuant to the provisions of this chapter that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.

§ 25-48.9 Conditions of Approval for Variances.

[Ord. No. 2357-12 § 25-48.9]

Every variance granted by the Zoning Board of Adjustment or Planning Board shall, in appropriate cases, be made subject to such conditions and safeguards as the Board shall deem to be acceptable to the particular case.

§ 25-48.10 Expiration of Variance(s), Subdivision(s) Conditional Use(s), Site Plan Approval(s).

[Ord. No. 2357-12 § 25-48.10]

a. In all instances where a conditional use, variance, or final site plan is granted, the building or construction permit sought shall be secured and issued or the authorized action taken within two years and one day after the date of the granting of the conditional use, variance or site plan in question. For good cause shown and upon written application, the Planning Board/Zoning Board may extend the time period for any of the time limits set in this section, provided that the applicant in the event of such application for extension shall be obligated to serve and publish notice of the application for such extension in conformity with the notice requirements of subsection 25-48.5.

b. In the event an application fails to comply with the time limits as fixed in paragraph a above, the approval shall be deemed null and void and of no further force or effect. Approval deemed null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application.

c. The time limits mentioned in paragraph a above, shall commence on the date of the publication of a notice of the granting of the conditional use, variance or site plan in the official newspaper of the Township of West Orange or a newspaper of general circulation in the Township, provided that if the granting or denial of a conditional use, variance or site plan is the subject of an appeal or appeals, the time limit shall not commence until all such proceedings or review or appeal have been concluded in a manner favorable to the applicant and the time for appeal from the decision of the reviewing tribunal or appellate court has expired.

d. The provisions of this subsection shall be applicable notwithstanding the transfer, subdivision, resubdivision or other disposition of the premises therein concerned.

e. Nothing herein contained shall prevent the Planning Board/Zoning Board from fixing periods of time for appropriate actions which are in excess of (but not less than) those fixed by this subsection above provided that such action is taken by the Planning Board/Zoning Board at the time of and as an express condition or provision of the granting of the conditional use, variance or site plan.

f. Any conditional use within the Township which shall cease to be so used for a period of two years and one day shall be deemed abandoned, null and void and of no further force and effect. Any conditional use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph f are intended to be applicable to all conditional uses, however they came into existence, and for however long they were previously in use prior to commencement of the period of abandonment.

g. Any prior nonconforming use within the Township that has been abandoned for a period of two years and one day shall be deemed abandoned, null and void and of no further force and effect. Any prior nonconforming use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph g are intended to be applicable to all prior nonconforming uses, however they came into existence, and for however long they were previously in use prior to commencement of the period of abandonment.

h. It is the intention of the Township to ensure that all approvals and similar vested property rights remain in effect for at least the minimum period set forth in the Municipal Land Use Law or any successor statute. If any provision of this subsection shall be found to conflict with any provision of the Municipal Land Use Law and/or other statutes and regulations promulgated by a higher authority, then such approval shall expire one day after the minimum lawful vested time period for such approval.

§ 25-49 (RESERVED)

§ 25-50 (RESERVED)

§ 25-51 APPLICATION PROCEDURES.

[Ord. No. 2357-12 § 25-51]

All applications for development shall adhere to the following requirements contained in subsection 25-51.1 through 25-51.13 are also contained in abbreviated form in a series of checklists available from the Department of Planning and Development. These checklists shall be considered as a guide to assist applicants in the preparation of their submissions and are not intended to be all-inclusive or exhaustive.

§ 25-51.1 Time Requirements.

[Ord. No. 2357-12 § 25-51.2]

An application for development shall be completed for the purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment when so certified by the Planning Director. The application shall also be deemed complete upon the expiration of 45 days from the date of submission for purposes of commencing the applicable time period unless:

a. The application lacks information indicated on the checklists required by this chapter.

b. The Planning Director has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. In determining the deficiencies the Planning Director shall take into consideration those requirements that are not applicable. The applicant may request that one or more of the submission requirements be waived, in which event the Planning Director shall grant or deny the request within 45 days, or defer the decision to the applicable board. Upon receipt of the notification from the Planning Director regarding the application deficiencies, the applicant may request waivers from the applicable Board for all or part of the deficiencies listed in the Planning Director's written notice. The Board shall hear and decide the waiver requests at the hearing on the application. The Board, in determining whether a waiver should be granted, shall consider the following:

1. The size of the project;

2. The reasonableness of the request;

3. The relevancy of the subject data;

4. The cost of providing the data;

5. The availability of the data;

6. Recommendations of the municipal staff, Environmental Commission and Downtown West Orange.

In no case shall a waiver be granted, if to do so will deprive the Board of the ability to make an informed, reasoned and defendable decision that will be in the best interests of the Township. All waivers shall require a majority vote of the applicable Board. All such votes shall be roll call votes and shall be recorded in the minutes of the applicable Board.

Nothing herein shall be constructed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. Either Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by either Board.

§ 25-51.2 Administrative Requirements.

[Ord. No. 2357-12 § 25-51.2]

All applications for development shall meet the following administrative requirements.

a. Properly completed application forms (one original and 19 copies 20 in total).

b. Plans, maps and construction details as required (See appropriate checklist) (one original and 19 copies - 20 in total)

c. Fees and escrow deposits paid (See Section 25-55).

d. Payment of taxes, liens and assessments.

e. Site inspection authorization form.

f. Compliance with legal notice requirements.

g. Corporation or partnership form.

h. Affidavit of ownership/authorization form.

i. Copies of approvals of other government/agencies as may be required or an affidavit indicating that application has been made to such agencies.

j. A listing of all variance requests, waiver requests of miscellaneous design standards and checklist waiver requests.

k. If the site is located within a community or development in which any bona fide board or association exists, the written proof that the board or association has received notice of the application for development is required.

l. All plans and legal documents for compliance with all West Orange COAH Ordinances included in Chapter 25, Section 25-18 must be submitted to the Township.

§ 25-51.3 Minor Subdivision Requirements.

[Ord. No. 2357-12 § 25-51.3]

A complete application for a minor subdivision shall include all applicable administrative requirements as delineated in subsection 25-51.2, any data that cannot be mapped, attached to the application form and the following information on one or more maps:

a. The entire tract including the proposed lots to be created as well as the remainder of the subject property, drawn at a scale of not less than one inch equals 100 feet. The boundary data shall be based on the most accurate information that is reasonably available such as tax map data, deeds or surveys.

b. The zoning district in which the subject property is located as well as all zoning district boundaries within 200 feet.

c. Key Map showing a sufficient number of natural and man-made features so that the subject property can be located in the field.

d. Tax Map Sheet Number(s) and filed map data, if applicable.

e. Existing and proposed block and lot numbers. (Proposed numbers). (Proposed numbers should be verified by tax assessor).

f. Zoning district dimension, setback and area requirements and the relationship of the subject proposal to those requirements.

g. Bearing and distance data for all existing and proposed lot lines as well as any lines to be deleted.

h. North arrow, signature block, graphic scale, title block, name of individual preparing the map together with the individual's raised seal and signature.

i. Date of map preparation and any revision dates.

j. Sewage disposal information for all proposed lots including the remainder of the tract.

k. The name of the owner of the subject property and all property owners within 200 feet.

l. All existing structures and wooded areas within the subject property as well as within 200 feet of same.

m. All roadways within 500 feet of the subject property showing the right-of-way limits as well as approximate pavement locations.

n. All waterways within 500 feet of the subject property showing the location, size and direction of flow.

o. The location of all easements, within the subject property and within 100 feet of same.

p. Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8.5-inch by eleven-inch paper within an area not to exceed 7.5 inches in width and eight inches in height.

§ 25-51.4 Major Subdivision Requirements - Preliminary Stage.

[Ord. No. 2357-12 § 25-51.4]

a. No preliminary subdivision application shall be considered complete unless it fully conforms to this section. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of the professional engineer. The preliminary plat shall be drawn at a scale not less than 100 feet to the inch for subdivision up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size, shall be drawn on standard sheet of 24 inches by 36 inches and shall show or be accompanied by the information specified below.

b. Title Block. The title block shall appear on all sheets and include the following:

1. Title of plan.

2. Name, if any.

3. Tax Map sheet block and lot number(s) of the tract to be subdivided as shown on the latest Township Map.

4. Acreage of tract to be subdivided to the nearest hundredth of an acre.

5. Date of original and all revisions.

6. Names and addresses of owner and subdivider so designated.

7. Name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of the engineer and land surveyor.

c. Detailed Information.

1. A key map at a scale of not less than one inch equals 1,000 feet showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any Township boundary is within 500 feet of the subdivision.

2. Names of all owners of parcels and property lines of parcels within 200 feet of the land to be subdivided including properties across the street as shown by the most recent records of the Township or of the municipality of which the property is a part.

3. The preliminary plat shall be based on a current certified boundary survey, with sufficient lines of the adjoining tracts surveyed to establish any overlay or gap between the adjoining boundary lines and boundary lines of the tract in question. Date of the survey and the name of the person mailing same shall be shown on the map.

4. Existing two-foot interval contours based on the United States Coast Geodetic Survey data shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted if contours have been established by aerial photography.

5. All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of all of the subdivisions.

6. All existing structures within the proposed subdivision and within 200 feet thereof and an indication of those where are to be destroyed or removed and the front, rear and side yard dimensions of those that remain.

7. The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed subdivision and within 200 feet thereof.

8. The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.

9. All proposed public easements or rights-of-way and the purpose thereof and proposed streets and sidewalks within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.

10. The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

11. The acreage of the drainage area or areas of each natural or manmade watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.

12. All proposed lot lines and the areas of all lots in square feet.

13. North arrow and basis therefor and written and graphic scales.

14. A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided, or certification that none exists.

15. Preliminary utility layouts showing methods of connection and sources of service plus the location of pumping stations.

16. The proposed location and area in acres or square feet of all required or proposed open space areas.

17. The preliminary plat shall show on the property to be subdivided and within 200 feet of that property all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas lines, utility poles, pipes, fire hydrants, ponds, swamps and all other topographical features of a physical or engineering nature.

18. Preliminary on-site grading and drainage plan.

(a) The preliminary plat shall show or be accompanied by a grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention basins, recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at two-foot intervals, except that for slopes exceeding 10%, a five-foot interval is permissible.

(b) The plan shall outline the appropriate area contributing to each inlet.

(c) All proposed drainage shall be shown with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all watercourses shall be shown.

(d) The preliminary grading and drainage plan shall be accompanied by drainage calculations in accordance with standards set forth herein.

19. Preliminary center-line profiles showing all proposed drainage; all existing and proposed finished roadway grades; channel section details; pipe sizes; type; inverts; road crowns and slopes; all other proposed drainage structures and connections.

20. Sight triangle data as required by this chapter.

21. Environmental Impact Statement.

22. Traffic Study.

23. A copy of a tree removal permit or application for same if applicable.

§ 25-51.5 Major Subdivision Requirements - Final Stage.

[Ord. No. 2357-12 § 25-51.5]

No final subdivision application shall be considered complete unless it fully conforms to subsection 25-51.2, as well as the following requirements of form, content, and accompanying information. Furthermore, no final application may be submitted unless a preliminary application has first been approved, any conditions of approval met and the preliminary plans signed and dated and provided further that such preliminary approval shall not have expired prior to the submission of the application. The final plat shall be the scale of not less than one inch equals 100 feet in conformance with the N.J. Map Filing Law and shall be prepared by a licensed surveyor in the State of New Jersey. The final plat and accompanying information shall include the following:

a. Date of map preparation and revision dates.

b. Title, name of owner, name of preparer of map together with that individual's embossed seal, license number and original signature.

c. Graphic scale.

d. Boundary lines of tract and individual lots within the tract together with bearing and distance data.

e. Right-of-way lines of street, easements, other right-of-way and lands to be dedicated or reserved for public use.

f. Street widths.

g. Curve dots, radii, lengths, tangents and central angles.

h. Block and lot numbers.

i. Location and description of monuments.

j. All setback lines.

k. Names of adjacent property owners.

l. Signature blocks for Township Clerk, Planning or Zoning Board Chairman, Planning or Zoning Board Secretary and Township Engineer.

m. Developer's Agreement.

n. Final construction plans which comply with the following items:

1. Signed and sealed by a licensed professional engineer.

2. Plan and profile of all improvements on a scale not greater than one inch equals 50 feet.

3. All existing utilities and physical features.

4. All proposed new construction.

5. Cross-sections at fifty-foot intervals of all new streets and roads, waterways and drainage ditches.

6. Invert elevations, top of curb grades, top of manhole grades, length of pipes, slope of pipes and depth of cover for all proposed utilities.

7. Types, strength and/or class of all materials.

8. Typical selection through street rights-of-way showing location of all existing and proposed construction items.

9. Typical details for all items of construction.

10. Drainage report including area map, design data, calculations and conclusions.

11. Soil Erosion and Sediment Control Plan.

12. Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8.5 inch by eleven-inch paper within an area not to exceed 7.5 inches in width and eight inches in height.

o. Existing and proposed grading at two-foot contour intervals or five-foot intervals if the grade is more than 15% with spot elevations at all building corners and critical locations.

p. The finished floor elevation with all building floors with direct access to the outside.

q. (Reserved)

r. A proposed planting plan and planting schedule indicating the location, the species' common and botanical names, size, quantity and planting instructions for all plant material to be installed including trees, shrubs, and ground covers prepared by a professional landscape architect.

s. All areas to be seeded and/or sodded.

t. The location and construction details of all proposed retaining walls, fencing and earthen berms.

u. All buffer areas proposed to separate land uses and to screen unsightly areas.

v. The location and all proposed construction details for all proposed and existing signs.

w. The location and identification of all proposed open spaces, parks or recreation areas and facilities.

x. A copy of a tree removal permit or application for same if applicable, as required by Section 25-27.

§ 25-51.6 Minor Site Plan Requirements.

[Ord. No. 2436-15 § 3]

A complete application for a minor site plan shall include all applicable administrative requirements as delineated in subsection 25-51.2, any data that cannot be mapped, attached to the application form and the following information on one or more maps:

a. The zoning district in which the subject property is located as well as all zoning district boundaries within 200 feet.

b. Key Map showing a sufficient number of natural and man-made features so that the subject property can be located in the field.

c. Lot, block and property owner information.

d. Zoning district dimension, setback and area requirements and the relationship of the subject proposal to those requirements.

e. Bearing and distance data for all lot lines.

f. North arrow, signature block, graphic scale, title block, name of individual preparing the map together with the individual's raised seal and signature.

g. Date of map preparation and any revision dates.

h. All existing structures and wooded areas within the subject property.

i. The location and design of all new or expanded buildings, sidewalks, driveways and parking areas.

j. The location of all easements within the subject property.

k. Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8.5 inch by eleven-inch paper within an area not to exceed 7.5 inches in width and eight inches in height.

§ 25-51.7 (Reserved) [1]

[1] Editor's Note: Subsection 25-51.7, Site Plan Requirements-Final Stage was repealed in entirety by Ordinance No. 2436-15.

§ 25-51.7.1 Major Site Plan Requirements - Preliminary Stage.

[Ord. No. 2436-15 § 5]

A complete application for a preliminary major site plan shall include all applicable administrative requirements as delineated in subsection 25-51.2, data that cannot be mapped attached to the application form and the following information on one or more maps.

a. Basic Data.

1. Name of the project.

2. A Key Map showing the general location of the project within the community, tax map sheet number, block number and lot numbers.

3. Zone district lines within 500 feet of the project.

4. Graphic scale not to exceed one inch equals 50 feet of the project.

5. The limits of the total site together with the acreage to the nearest 1/100th of an acre.

6. Date of the original plan and any subsequent revisions.

7. Appropriate places for the signature of the Planning Board Chairman, Secretary and Engineer.

8. A site data box comparing ordinance requirements to actual site plan proposals.

9. Name of individual preparing the site plan together with an embossed engineer's or architect's seal, applicable signature and license number.

10. The location of all structures, property owners and utility poles within 200 feet of property.

11. Reference to property survey or other information used in preparing map.

12. Bearing and distance information together with property dimensions.

13. Soil survey data indicating soil type, general constraints and depth to bedrock.

b. Building Data.

1. Size, heights, location of all existing and proposed buildings, including all proposed setback dimensions from property lines. Existing buildings to be removed should be so noted.

2. A preliminary floor plan of all buildings.

3. Architectural elevations of the front, side and rear of all buildings and perspective sketches or three dimensional models where appropriate.

4. The location and design details of all sidewalks showing connections between buildings, parking areas, and public areas along all expected paths of pedestrian travel.

5. Parking spaces and access plans for the handicapped which shall be in addition to the parking required by ordinance.

6. Circulation plans and loading areas for all expected truck and tractor-trailer traffic.

7. A proposed lighting plan identifying the fixtures to be used as to height, location, luminosity and the lighting pattern in relationship to the other features of the site plan.

c. Grading, Landscaping and Environmental Data.

1. Existing and proposed grading at two-foot contour intervals or five-foot intervals if the grade is more than 15% with spot elevations at all building corners and critical locations.

2. The finished floor elevation of all building floors with direct access to the outside.

3. All existing wooded areas and individual specimen trees greater than six inches in diameter indicating what is to be removed and what is to remain.

4. A proposed planting plan and planting schedule indicating the location, the species' common and botanical names, size, quantity and planting instructions for all plant material to be installed including trees, shrubs and ground covers prepared by a professional landscape architect.

5. All areas to be seeded and/or sodded.

6. The location and construction details of all proposed retaining walls, fencing and earthen berms.

7. All buffer areas proposed to separate land uses and to screen unsightly areas.

8. The location and all proposed construction details for all proposed and existing signs.

9. The location and identification of all proposed open spaces, parks or recreation areas and facilities.

10. Environmental impact study.

11. A copy of a tree removal permit or application for same if applicable.

d. Utilities and Drainage Data.

1. The location, size and capacity of all existing storm drainage facilities, including catch basins which are directly impacted by the proposed development, whether on or off-site and the limits of any flood hazard area affecting the site.

2. All proposed storm drainage facilities, transmission lines, fire hydrants, etc., as well as calculations showing their adequacy.

3. The location and size of all proposed water supply facilities including wells, storage facilities, transmission lines, fire hydrants, etc., as well as calculations showing their adequacy.

4. The location and size of all proposed sanitary sewer mains as well as the location and construction details and calculations to indicate adequacy.

5. Plans for the storage and collection of all solid waste.

6. All off-site and on-site easements which may be required together with copies of legal documentation to support the grant of such easements.

7. The location and type of all other underground utilities.

§ 25-51.7.2 Major Site Plan Requirements - Final Stage.

[Ord. No. 2436-15 § 6]

A complete application for a final major site plan shall include all applicable administrative requirements as delineated in subsection 25-51.2 and the following information on one or more maps or attached to the application form if it cannot be mapped.

a. Verification that all of the conditions of the preliminary approval have been met.

b. A map or maps which comply with this chapter depicting that portion of the project for which final approval is being requested.

c. A developer's agreement if required by the preliminary approval.

d. A statement indicating the reasons for any deviations from approved preliminary site plan.

e. Any off-tract improvement contributions if required.

f. Four copies of a map, referred to as a "Run Card", depicting the location of all fire hydrants within the subject property, and depicting the surrounding streets, based on a scale of one inch equaling 400 feet, and contained on an 8 1/2 inch by eleven-inch paper within an area not to exceed 7 1/2 inches in width and eight inches in height.

§ 25-51.8 Conditional Use Requirements.

[Ord. No. 2357-12 § 25-51.8; Ord. No. 2436-15 § 7]

No conditional use application shall be considered complete unless it fully conforms with subsections 25-51.2, 25-51.6 and 25-51.7.1 as well as the following requirements:

a. A notation indicating the section of this chapter that allows the conditional use as proposed.

b. A listing of the conditional use standards that apply to the subject proposal.

§ 25-51.9 "C" Variance Requirements.

[Ord. No. 2357-12 § 25-51.9; Ord. No. 2436-15 § 8]

No "c" or bulk variance application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements:

a. A map, either in conformance with subsections 25-51.3, 25-51.4, 25-51.5, 25-51.6 and 25-51.7.1 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e., setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based.

b. A statement or legal brief which clarifies why the "c" variance should be granted. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70c, applicable case law and relevant Township Ordinances and N.J. Statutes.

§ 25-51.10 "D" Variance Requirements.

[Ord. No. 2357-12 § 25-51.10; Ord. No. 2436-15 § 9]

No "d" or use variance application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements:

a. A map, either in conformance with subsection 25-51.3, 25-51.4, 25-51.5, 25-51.6 or 25-51.7.1 or if the application is to be bifurcated, a separate map, signed and sealed by an architect, engineer, planner or surveyor which provides sufficient data (i.e. setbacks, lot area, existing and proposed structures, etc.) upon which a decision can be based.

b. A statement or legal brief which clarifies why the "d" variance should be granted and the "special reasons" that pertain to the subject proposal. Particular attention should be paid to the contents of N.J.S.A. 40:55D-70d, applicable case law and relevant Township Ordinances and N.J. Statutes.

c. A planning report prepared by a licensed Professional Planner and a traffic report prepared by a licensed Professional Engineer. The Board may waive the provision of such reports at its discretion.

§ 25-51.11 Appeal and Interpretation Requirements.

[Ord. No. 2357-12 § 25-51.11]

No request made for an appeal or interpretations under the provisions of this chapter shall be considered complete until it complies with subsection 25-51.2 as well as the following requirements:

a. A map prepared by the applicant or a professional architect, engineer, planner or surveyor which clarifies, in sufficient detail, the nature of the appeal or interpretation.

b. Any documentation, form(s) or correspondence which explains the nature of the appeal or interpretation.

c. A graphic or written description of the area surrounding the subject property.

d. A statement or legal brief which clarifies the position of the applicant.

§ 25-51.12 Conceptual Stage Requirements.

[Ord. No. 2357-12 § 25-51.12]

No conceptual stage application shall be considered complete unless it fully conforms with subsection 25-51.2 as well as the following requirements:

a. A map, signed and sealed by a professional architect, engineer, planner or surveyor which contains the following:

1. Limits of the property involved and the scope of the subject proposal.

2. North arrow, scale, key map and title block.

3. General indication of the topographic conditions and any other environmental constraints.

4. Zoning district requirements.

b. A statement describing the proposed project, its scope, size value as to the community and other pertinent details.

c. A graphic or written description of the area surrounding the subject property.

d. A description of other alternatives that have been considered or might be available.

e. A listing of anticipated variance and waiver requests connected with the proposal.

§ 25-51.13 Filing Procedures.

[Ord. No. 2357-12 § 25-51.13]

All applications for development which are within the jurisdiction of the Planning or Zoning Board, as conferred by N.J.S.A. 40:55-1 et seq., and this chapter, shall be filed with the applicable board secretary. The applicant shall obtain all necessary forms from the Secretary of the Planning Board or Zoning Board. Applicants shall file at least that number of copies of the application and submit the required fees as prescribed by the rules and regulations of the applicable board. Applicants shall file all other plans, maps, sketches or other documents as prescribed by the rules and regulations of the applicable board. Additionally, for any application involving any property located in the Central Business District (CBD) Main Street/Valley Road Corridor Zoning overlay indicated on the Official Zoning Map of the Township, the Planning or Zoning Board Secretary shall distribute a copy of such application, along with all drawings and exhibits, to the Special Improvement District (SID) Manager at the time of all regular distributions. All applications shall be filed at least three weeks before the meeting at which the applicant wishes to be heard.

§ 25-51.14 Environmental Commission Review.

[Ord. No. 2357-12 § 25-51.14]

Whenever the Environmental Commission shall have prepared and filed with the Planning Board an index of the natural resources of the Township, the Planning or Zoning Board shall make available to the environmental commission an informational copy of every application for development received by the Planning Board or Zoning Board. Failure of the Board to provide such copy shall not constitute grounds for invalidating any hearing or decision.

§ 25-51.15 Site Plan Review Advisory Board.

[Ord. No. 2357-12 § 25-51.15; Ord. No. 2436-15 § 10]

a. Establishment. There is hereby established a Site Plan Review Advisory Board to assist the Planning Board, the Zoning Board of Adjustment and site plan applicants. This Committee shall be comprised of:

1. Director of Planning.

2. Township Engineer.

3. A Class IV member of the Planning Board who shall hold no other municipal office, appointed by the Planning Board.

4. A member of the Zoning Board of Adjustment appointed by the Zoning Board of Adjustment.

5. Zoning Official.

6. Construction Official.

7. Representatives of the Building Department, Fire Department, Health Department and Police Department.

b. Review. The Site Plan Review Advisory Board shall review all applications that require major site plan approval. The applicant shall be notified, in writing not less than seven days before, of the date on which the application shall be reviewed by the Site Plan Review Advisory Board. The applicant shall be invited to attend, either alone or accompanied by an attorney, architect, engineer and any other experts the applicant chooses. The Site Plan Review Advisory Board shall issue its recommendations on every application, in writing. These recommendations shall be filed with the secretary of the proper board and a copy shall be mailed to the applicant.

c. Post Approval Review. A request by an applicant to change one or more aspects of a site plan previously approved by the Planning Board or Zoning Board of Adjustment shall be reviewed by the Site Plan Review Advisory Board to determine whether such changes are considered substantial. Any changes determined to be substantial shall require amended site plan approval from the Board that granted the original approval.

d. Time for Decisions. Referral of an application to the Site Plan Review Advisory Board shall not extend the time within which the Planning Board or Board of Adjustment must act upon such application pursuant to the MLUL.

§ 25-51.16 Sustainable Building and Design Standards.

[Ord. No. 2448-15]

All applicants for major and/or minor site plan and/or subdivision approval shall complete a Sustainability Checklist form as a completeness item.

a. The Township shall incorporate the current version of "Leadership in Energy & Environmental Design Rating System," which includes rating systems for LEED for New Construction and Major Renovation promulgated by the US Green Building Council.

b. The Sustainability Checklist form shall incorporate proposed green energy and water conservation measures including:

1. The name of any LEED Accredited Professionals working on the project.

2. A list of appliances, fixtures and construction techniques which meet U.S. EPA's ENERGY STAR^® and WaterSense standards.

3. A list of green and recycled building materials used in construction, renovation, and maintenance.

4. A Waste Management Plan for recycling and/or reusing 60% of all construction and demolition waste generated in projects larger than $25,000 outlining where waste will be sent for recycling, reuse, reprocessing, or disposal, together with a letter from each of the recipient facilities.

5. Use of any water efficient landscaping.

6. Use of any on-site renewable energy systems such as:

(a) Solar

(b) Wind

(c) Geothermal

7. Details of roofing materials designed to reduce the urban heat island effect such as:

(a) Construction of roof top gardens to reduce solar gain in summer and insulate in winter

(b) Use of roofing materials that are no darker than a light gray or demonstrate how alternate roofing materials reduce the urban heat island effect

8. Details of any sustainable stormwater systems employed such as:

(a) Bioswales/raingardens

(b) Permeable surfaces

(c) Grey water systems

(d) Retention and detention facilities

(e) Continuous trenching

9. A list of native and well-adapted species used in landscaping to eliminate the need for fertilization and pesticides.

c. For each of the items listed on the Sustainability Checklist form applicants must indicate the extent to which they are incorporating such a measure in the project or, alternatively, indicate the reason(s) why the measure is not being incorporated in the project.

Sustainability Checklist Form
Sustainable Building and Design Standards	Applicant	Township OK (Date)
Name of LEED Accredited Professional working on project
List of ENERGY STAR® and Water Sense appliances, fixtures and construction techniques
List of green and recycled building materials in new construction, renovation, and maintenance
Waste Management Plan for recycling and/or reuse of 60% of all construction and demolition of waste generated in projects larger than $25,0000
Use of any water efficient landscaping
Use of any on-site renewable energy systems such as:
Solar
Wind
Geothermal
Details of roofing materials designed to reduce the urban heat island effect such as:
Construction of roof top gardens to reduce solar gain in summer and insulate in winter
Use of roofing materials that are no darker than a light gray or demonstrate how alternate roofing materials reduce the urban heat island effect
Details of any sustainable stormwater systems employed such as:
Bioswales/raingardens
Permeable surfaces
Grey water systems
Retention and detention facilities
Continuous trenching
A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides

Note: Please indicate for each of the sustainable building/design items listed, the extent to which the measure is being incorporated in the project or, alternatively, indicate the reason(s) why it is not being incorporated in the project.

§ 25-52 through § 25-54. (RESERVED)

§ 25-55 ESCROW DEPOSITS FOR APPLICATIONS.

[Ord. No. 2357-12 § 25-55]

The Planning Board and/or Zoning Board of Adjustment shall require fees and escrow deposits in accordance with the provisions of this chapter. Such funds shall be utilized to pay the cost of professional fees, including for engineering, legal, planning and/or traffic experts, and certified shorthand reporting fees incurred for review of and/or testimony concerning an application for development submitted by an applicant.

§ 25-55.1 Escrow Schedule.

[Ord. No. 2357-12 § 25-55.1]

a. Subject to the provisions of paragraph b hereof, each applicant shall prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions hereof:

1. Residential and Nonresidential Dwelling Units or Lots

3 — 25	$3,000
26 — 100	3,500
101 — 500	5,500
501 — 1000	8,000
1,000 +	10,000

2. Commercial/Industrial

1,250 — 2,500 square feet gross floor area	$1,500
2,501 — 20,000 square feet gross floor area	2,500
20,000 — 50,000 square feet gross floor area	5,500
Over 50,000 square feet gross floor area	$0.05 each additional square feet

3. Preparation of Resolution of Approval or Denial: up to $750.

When deemed necessary the Planning/Zoning Board may require an escrow for minor development matters.

b. Within 30 days after the filing of an application for development the Planning Board and/or Zoning Board of Adjustment as the case may be, shall, in conjunction with appropriate representative of the staff of the Township, review the application for development to determine whether the escrow amount set forth in paragraph a above is adequate. In conducting such review the Board shall consider the following criteria.

1. The presence or absence of public water and/or sewer servicing the site.

2. Environmental considerations, including but not limited to geological, hydrological and ecological factors.

3. Traffic impact of the proposed development.

4. Impact of the proposed development on existing aquifer and/or water quality.

Upon completion of the review and within the thirty-day period the Board shall adopt a Resolution specifying whether the escrow amount specified in paragraph a is sufficient, excessive or insufficient. In the event the Board shall determine that the amount is excessive it shall in the Resolution specify the amount that shall be deemed sufficient. In the event the Board shall determine the amount specified in paragraph a is insufficient it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein.

c. This paragraph adopts and creates a payment schedule for consultants and/or employees for special Planning Board or Zoning Board meetings paid out of escrow funds paid by the applicant who is heard at said special Planning or Zoning Board Meeting. The schedule is as follows:

1. Schedule.

(a) Attendance/all meeting preparation, post-meeting duties/minutes for Secretary: $225

(b) Attendance for Public Advocate: $250

(c) Attendance of transcriber: $225

(d) Attendance of Board Attorney: $500

(e) Attendance of Planner: $500

(f) All other expenses such as newspaper notices: $60

(g) The Board also has the right to hire other consultants if deemed necessary by the Board for regular or special meetings such as traffic or environmental consultants. If the Board deems additional work is needed that is not part of the preparation, meeting and post duties an hourly rate will be paid. The following is the hourly rate: Secretary — $33.82/hr; transcriber — $50/hr.; any other professionals — $125/hr.

2. A ten-day written notice with a breakdown of the expenses shall be given to the applicant before funds are removed.

§ 25-55.2 Posting of Escrow Funds.

[Ord. No. 2357-12 § 25-55.2]

No major application for development shall be deemed complete until such time as the applicant shall have posted with the Township in cash or certified check the amount of escrow deposit determined by the Planning Board and/or Board of Adjustment to be required in accordance with the provisions of this chapter.

All such escrow funds shall be utilized by the appropriate Board to pay the cost of professional services, including certified shorthand reporting fees, incurred by the Board for review and/or testimony in connection with the particular application for development. All sums not actually so expended shall be refunded to the applicant within 30 days after the final determination by the appropriate Board with respect to such application.

§ 25-55.3 Deposit of Escrow Fund - Interest Bearing Account.

[Ord. No. 2357-12 § 25-55.3]

The Township shall deposit all funds pending completion and review of the development application. The money shall be placed in an interest bearing account. In the event that a refund is to be made to the applicant, the municipality shall refund with pro rated interest the amount within 30 days from the date of final approval.

§ 25-56 APPLICATION FEES.

§ 25-56.1 Minor Subdivision Application Fees.

[Ord. No. 2357-11 § 25-56.1]

		Fee	Escrow
a.	Resubdivision where no new lots are created	$50	N/A
b.	Other
	Base fee	$100	N/A
	Plus per lot fee	25

§ 25-56.2 Major Subdivision Application Fees.

[Ord. No. 2357-11 § 25-56.2]

		Fee	Escrow
a.	Sketch/Plat Concept Application
	Base fee	$100	N/A
	Plus per lot fee	25
b.	Preliminary Application
	Base fee	$200	(1)
	Plus per lot fee	50
c.	Final Application
	Base fee	$250	(1)
	Plus per lot fee	25

§ 25-56.3 Site Plans - Nonresidential Application Fees.

[Ord. No. 2357-11 § 25-56.3]

		Fee	Escrow
a.	Sketch Plat/Conceptual
	Fee	$350	N/A
b.	Preliminary Application
	Base fee (minimum)	$300	(1)
	Plus floor area fee	0.02/square feet
	Plus parking space fee	0.50/space
	Plus acreage fee	$50/acre
The preliminary fee shall be calculated by adding to the base fee one of the three remaining sub-fees. The total fee shall represent the maximum fee possible.
c.	Final Application	1/2 of preliminary fee	(1)

§ 25-56.4 Site Plans - Residential Application Fees.

[Ord. No. 2357-11 § 25-56.4]

		Fee	Escrow
a.	Sketch Plat
	Fee	$75	N/A
b.	Preliminary Application
	Base fee	$200	(1)
	Plus unit fee	$50
c.	Final Application
	Base fee	$100	(1)
	Plus unit fee	$25

§ 25-56.5 Variances and Conditional Use Application Fees.

[Ord. No. 2357-12 § 25-56.5]

		Fee	Escrow
a.	"D" Variances
	Nonresidential	$350	(1)
	Residential
		1 — 2 family (owner occupied)	$75
		1 — 2 family (non-owner occupied)	$125
		Other	$150
		Public/Quasi public	$100
b.	"C" Variances
	Nonresidential	$250
	Residential
		1 — 2 family (owner occupied)	$75
		1 — 2 family (non-owner occupied)	$125
		Other	$250
		Public/Quasi public	$100
c.	Interpretations and Appeals
	Fee	$150
d.	Conditional Uses
	Fee	$300

Separate fee(s) shall be required for each application type. Therefore, if an application package consists of a "D" variance, "C" variance and site plan, the total fee shall be the sum of the fees for each separate application. The escrow charge shall be the maximum for any one type of application.

Where disbursements from the escrow account leave less than 10% of the original deposit, the applicant shall replenish the account in an amount equal to the original deposit. (See Section 25-55, Escrow Deposits for Applications. If less than 10% remains in escrow account, applicant shall post additional escrow in amounts equal to original deposit.)

§ 25-56.6 Fee for Digitizing Zoning Board of Adjustment and Planning Board Applications, Exhibits and Drawings.

[Ord. No. 2357-12 § 25-56.6]

a. Residential Site Plan and Subdivision Fees.

Concept Plan:	0 to 20 lots/units:	$100 per lot or unit
	21+ lots/units:	$2,000 + $50 per lot/unit in excess of 20
Minor Subdivision:		$200 + $100 per lot
Site and/or Major Subdivision:
Preliminary:	0 to 10 units or lots:	$500 + $100 per lot or unit
	11 to 30 units or lots:	$1,000 + $75 per lot or unit
	31 or more units or lots:	$2,500 + $50 per lot or unit
Final:	0 to 10 units or lots:	$200 + $75 per lot or unit
	11 to 30 units or lots:	$300 + $50 per lot or unit
	31 or more units or lots:	$1,000 + $40 per lot or unit

b. Commercial/Industrial Development Application.

Concept Plan:	0 to 3 lots:	$300 + $100 per lot
	4 or more lots:	$2,000 + $250 per lot

If an application involves 10 or more acres, an additional $100 for each acre, or fraction thereof, in excess of 10 acres.

c. Commercial/Industrial Development Application Involving New Building Area:

Concept Plan:		$1,000
Preliminary Site Plan:	0 to 1,999 square feet:	$1,000
	2,000 to 19,999 square feet:	$1,000 + $150 per each 1,000 square feet of gross floor area
	20,000 + square feet:	$2,500 + $50 per each 1,000 square feet above 20,000 square feet of gross floor area
Final:	0 to 1,999 square feet:	$500
	2,000 to 19,999 square feet:	$2,500
	20,000 + square feet:	$1,000 + $0.12 per square foot

d. Other Submissions.

Conditional use approval:
Appeals under N.J.S.A. 40:55D-70a:	$750
Interpretation or special questions under N.J.S.A. 40:55D-70b:	$100
One or two family residences-hardship variances under N.J.S.A. 40:55D-70C: (decks, home addition)	$35
All other hardship variances under N.J.S.A. 40:55D-70c:	$750
Single Family Residence:	$200
Multi-family Residence:	$200 + $100 per unit
All other use variances N.J.S.A. 40:55D-70d:	$500

e. Amended Submissions.

Revised or amended plans or submission for single or two family dwellings:	An amount not to exceed 50% of the original fee requirement
Revised or amended plans or submission in all other categories:	An amount not to exceed 50% of the original fee

A separate check payable to the Township of West Orange shall be submitted for all the above application types.

§ 25-57 (RESERVED)

§ 25-58 ADDITIONAL PENALTIES FOR ILLEGAL OCCUPANCIES.

[Ord. No. 2357-12 § 25-58]

a. Any tenant who receives a notice of eviction pursuant to section 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from zoning enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection g of section 2 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.10), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.

b. In addition to the liability for the payment of relocation assistance set forth in paragraph a of this section, the Municipal Court may impose an additional fine for a zoning code violation for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, to be paid to the municipality by the owner-landlord of the structure.

c. In addition to the penalties set forth above in paragraphs a and b of this section, for a second or subsequent violation for an illegal occupancy, and only after affording the offending owner-landlord an opportunity for a hearing on the matter, the Municipal Court may impose on the owner-landlord a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "the penalty enforcement law," N.J.S.A. 2A:58-10 through 12. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district. The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

d. For the purposes of this section, the owner-landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure. Also for the purposes of this section, a "second or subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of distinct and separate zoning enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.

§ 25-59 PENALTY - GENERAL.

[Ord. No. 2357-12 § 25-59]

a. Maximum Penalty. For violation of any provision of this chapter, the maximum penalty shall include the penalties provided for in Section 1-5.

All other provisions of subsections 1-5.1 through 1-5.5 and Section 25-59(b) shall remain in full force and effect and apply fully for any violation of Chapter 25.

b. Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation.

§ 25-60 SEVERABILITY.

[Ord. No. 2357-12 § 25-60]

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions hereof.

§ 25-61 PRIOR INCONSISTENT ORDINANCES.

[Ord. No. 2357-12 § 61]

All ordinances or parts of ordinances inconsistent with the provisions of this chapter are to the extent of such inconsistency, hereby repealed.

§ 25-62 ACQUISITION AND CONVEYANCE OF SCHOOL PROPERTY.

[Ord. No. 2357-12 § 25-62]

Pursuant to N.J.S.A. 40:60-25.56, the Township, after obtaining title to the school property, shall convey to the Board of Education of the Township the school property for the use of the site as a new public school and related recreational facilities for nominal consideration totaling $1.