All sections of the Land Subdivision Ordinance and Zoning Ordinance[1] or any other ordinance of the City of East Orange which contains provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
[1]
Editor's Note: See Art. XII, Subdivision and Site Plan Procedures, and Part 3, Zoning, respectively, of this chapter.
The City Council of the City of East Orange may from time to time on its own motion, on recommendation from the Planning Board or upon petition from property owners, after public notice and hearing in accordance with law, amend, supplement or change the regulations and districts herein established and adopt rules and regulations for the purpose of interpreting and carrying out this chapter.
A. 
Prior to the public hearing on adoption of any amendment falling within the purview of N.J.S.A. 40:55D-26, the City Council shall refer any such proposed amendment to the Planning Board pursuant to § 51-11 of this chapter and N.J.S.A. 40:55D-28 of the Municipal Land Use Law.
B. 
A protest against any proposed amendment or revision of a zoning ordinance may be filed with the City Clerk, signed by owners of 20% or more either of the area of the lots or land included in such proposed change or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the City Council subsequent to referral to the Planning Board.
C. 
The passage and taking effect of amendments to this chapter shall not abate or prevent the continuance of any proceedings instituted under the chapter hereby revised and amended, nor abate or prevent any proceedings or prosecutions for violations of said chapter which is hereby revised and amended.
The Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1 et seq., shall determine the status of pending applications.
The Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-21 et seq., shall determine the tolling of running of periods of approval.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following schedule of fees is hereby adopted as a part of this chapter:
Type of Application
Fee
Rezoning request
$1,000
Redevelopment plan amendment request
Fee specified in the applicable redevelopment plan; $1,000, if no fee specified
Concept plan:
Minor subdivision/site plan
$250
Major subdivision/site plan
$500
Sign plan:
Nondigital signs only:
Display area of up to 50 square feet
$50
Display area of 50 square feet or more
$75
Freestanding signs taller than 3 feet
$150
Subdivision application:
Minor subdivision
$300
Preliminary and final major subdivision
$500, plus $30 per lot
Site plan application:
Minor site plan
Nonresidential uses
$500
Preliminary and final major site plan:
Nonresidential uses
$750, plus $10 per 1,000 square feet floor area
Residential uses
$750, plus $10 per dwelling unit
Mixed use
$750, plus $10 per dwelling unit plus $10 per 1,000 square feet of nonresidential floor area
Appeals/interpretations (in accordance with N.J.S.A. 40:55D-70a or 40:55D-70b)
$500
Conditional uses
$500
Use variance including height, FAR, or density (in accordance with N.J.S.A. 40:55D-70d)
$800 per project
Bulk variance (in accordance with N.J.S.A. 40:55D-70c)
$200 per project or $75 per individual bulk variance, whichever is greater
Miscellaneous
Fee
Requested special meeting
$2,000, paid prior to commencement; when two or more hearings are conducted at the special session, the fee shall be prorated among the applicants based on hearing duration.
Transcript cost
In full, but not more than the maximum permitted in N.J.S.A. 2B:7-4.[1]
Transcript copies
Per OPRA requirements; see N.J.S.A. 47:1A-1 et seq.
Minute copies
Per OPRA requirements; see N.J.S.A. 47:1A-1 et seq.
Document retrieval fee
Established by City Clerk
City Council appeals
$600
Publication of decisions costs
$100
List of property owners within 200 feet
$0.25 per name or $10, whichever is greater
Extension of subdivision, site plan or variance approval
$300 per application
Contractor certification fee; contractor recertification fee
To be determined by Building Department
Certificate of occupancy
To be determined by Building Department
Zoning information request
$25 per site
Zoning reports:
Unimproved land
$5
1- to 3-family houses
$10
Other property up to assessed value of $1 million
$10 or 0.01% of assessed value thereof, whichever is greater
Other property of assessed value over $1 million
$250 plus 0.005% of assessed value over $1 million
Zoning permit:
Residential structure with 1 to 4 dwelling units
$50
Residential structure(s) with 5 or more dwelling units
$75
Commercial use(s) or mixed uses
$100
Copy of Master Plan
$100
Copy of Zoning Map
$3
Copy of Summary of District Regulations
$3
Copy of Master Plan Reexamination Report
$50
Copy of Redevelopment Area Investigation Report
$50
Copy of Redevelopment Plan
$50
Copy of Chapter 51, Land Use Ordinance
$30
Copy of Planning Study/Analysis
$35 per study
Copy of Retail Market Analysis
$25
Copy of Housing Market Analysis
$25
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Escrow deposits for professional services.
(1) 
The reviewing board shall require fees for technical and/or professional services and testimony employed to the board in reviewing an application, including the review services of the Director of Public Works, City Planner, Board Attorney, Board Consultant, any other City official and such other experts as may be deemed necessary (i.e., traffic, environmental, soils, etc.).
(2) 
Fees for technical and professional services shall be in addition to any and all other required fees.
B. 
Applicants required to submit escrow deposits; exemptions.
(1) 
Applications involving one single-family dwelling on a single lot, a subdivision not involving the creation of additional lots, or a site plan only involving a change in use shall be exempt from the payment of escrow deposits upon review by the Administrative Officer. This exemption shall be void and escrow fees shall be paid in the event that it is necessary to hold more than two hearings on the application or if the application is for the same site as a prior application made to either Board within the prior two years.
(2) 
When the Administrative Officer determines that the application will serve a public purpose and promote the public health, safety and welfare, the following applicants shall submit 50% of the required escrow deposit:
(a) 
Public organizations and/or agencies.
(b) 
Charitable and/or philanthropic organizations.
(c) 
Fraternal and/or religious nonprofit organizations.
C. 
Submission of escrow deposits.
(1) 
The applicant shall submit the required escrow deposit to the Administrative Officer prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.
(2) 
Required escrow deposits shall be in the form of a money order or certified check payable to the City of East Orange.
D. 
Escrow for informal review.
(1) 
Whenever an applicant requests an informal review of an application for development involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review.
(2) 
Any escrow deposit received for informal review shall be credited to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.
E. 
Schedule of required fees for escrow deposits.
(1) 
The following sums are required to be deposited in an escrow account for applications to the Planning Board and/or Board of Adjustment:
Type of Application
Escrow Deposits
a.
Variances under N.J.S.A. 40:55D-70d not requiring site plan or subdivision approval (use, etc.)
$1,000
b.
Conditional use approval
$1,000
c.
Site plan applications
[1]
Residential site plans:
Minor residential site plan for 1 single-family dwelling
$250
Residential site plan, preliminary approval:
0 to 10 units
$2,500
11 to 50 units
$5,000
51 to 100 units
$15,000
Over 100 units
$20,000
Final approval:
33% of preliminary approval
[2]
Nonresidential site plans:
Small project involving less than 2,000 square feet in gross floor area and no change in building code use classification as determined by Construction Official
$250
Small project involving less than 2,000 square feet in gross floor area and change in building code use classification as determined by Construction Official
$500
Preliminary approval:
With principal buildings over 2,000 square feet of gross floor area (gfa):
2,001 to 5,000 square feet gfa
$2,500
5,001 to 25,000 square feet gfa
$10,000
25,001 to 100,000 square feet gfa
$15,000
Over 100,000 square feet gfa
$25,000
Without principal buildings over 1,000 square feet of gross floor area (gfa):
Lot area up to 1 acre
$5,000
1 acre to 5 acres
$10,000
6 acres to 10 acres
$20,000
Over 10 acres
$30,000
Final approval
33% of preliminary approval
d.
Subdivision applications (fees shall be in addition to any required variances)
Minor subdivision
$250
Major subdivision (over 3 lots):
Preliminary approval
$5,000
Final approval
$1,500
e.
Rezoning requested by developer
$3,000
f.
Redevelopment plan amendment requested by developer
$3,000
(2) 
All applications not specifically noted or excluded above shall be accompanied by an escrow fee of $250.
(3) 
The above schedule is intended to cover the estimated costs for professional services related to the application. In the event that the balance in any escrow account falls to a point where it is expected that it will be insufficient to cover anticipated costs, the applicant will be required to provide additional funds. Failure to provide these funds may be used as a basis to discontinue further action on the application.
F. 
Review of escrow deposit amount.
(1) 
Prior to making a determination of completeness upon any application, the board shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the reviewing board to cover professional costs anticipated for the application, additional funds in the amount of 33 1/3% of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.
(2) 
Further additional escrow deposit fees may be required at any time upon determination by the reviewing board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of 1/3 of the initially required escrow fee, when and as determined necessary by the reviewing board.
G. 
Appeal of escrow deposit. In the event that the applicant believes the escrow deposit to be unreasonable, the Planning Board or the Board of Adjustment shall hear and decide whether such fees are reasonable, and the applicant may appeal the decision of the Planning Board or Board of Adjustment to the governing body, provided that the applicant shall provide the governing body such transcripts of the Planning Board or Board of Adjustment hearing on fees at his cost, and such hearing shall be on record. The governing body shall set a hearing date, with notice to all parties, and the applicant shall provide a court-certified stenographer to record said hearing. The governing body may reverse a Planning Board or Board of Adjustment decision only if the Board's decision is not sustained by the preponderance of the evidence.
H. 
Escrow accounts over $5,000; conditions. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided for herein, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government or in any other funds or depository approved for such deposits by the state in an account bearing interest at the minimum rate currently paid by the institution or depository time on savings deposits. The municipality shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of the interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality will retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.
I. 
Accounting of escrow deposits. In the event that any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the Secretary of the Planning Board or Board of Adjustment. The applicant shall be responsible for any costs incurred by the Planning Board or the Board of Adjustment in having its professional and administrative staff prepare an accounting of the fees expended. Such additional amount as may be required for said accounting shall be paid to the Planning Board or Board of Adjustment prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for said accounting.
J. 
Refunds. All escrow funds described herein shall be utilized by the appropriate board to pay the cost of any technical and/or professional services incurred by the board for review and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 60 days after the final determination by the appropriate board with respect to such application. No amount shall be refunded prior to certification by the Board Secretary that said application has been finally determined.
A. 
Sign permit required. Except as hereinafter provided, it shall be unlawful for any person, firm or corporation to erect, place, replace or relocate any sign within the City of East Orange without first obtaining a sign erection permit from the Construction Official. Signs shall be a component of site plans subject to approval by the Planning Board or Zoning Board of Adjustment. All other signs shall be subject to the approval of the Zoning Officer within 10 business days, based upon compliance with applicable standards. The Construction Official shall issue a sign erection permit only for such signs as are approved by the Zoning Officer. Exempt from this provision is the installation of political lawn signs limited in size to four square feet per side placed within 120 days of the affected election.
B. 
Sign permit procedure.
(1) 
Applications for sign erection permits shall be made on forms provided by the Zoning Officer in accordance with the procedure summarized in Diagram 51-58.1 below. Such forms shall contain or have attached thereto the following information:
(a) 
The name and address of applicant.
(b) 
The plot plan showing the location and size of the property, the location of buildings thereon and the location of the proposed sign(s).
(c) 
A series of color photographs showing the facade of the property at which the sign(s) will be located and including all properties within 200 feet of the property line. Photographs shall be of sufficient resolution and detail for all signs to be identifiable and legible.
(d) 
A reasonably accurate sketch or blueprint indicating the appearance of the proposed sign or signs (size, material, color, lighting, area and direction of illumination and the lumen power).
(e) 
Location of any proposed or existing signs on the building facade, if applicable.
(f) 
The written consent of the owner or lessor of the premises.
(g) 
Such other information as the Zoning Officer may reasonably require.
(2) 
Each application shall be accompanied by a filing fee as enumerated in § 51-56, Fee schedule.
(3) 
Shopping centers, or any commercial structure that is new, subdivided for more than one commercial tenant, or seeking permits for exterior remodeling or upgrades, are also required to submit a sign guideline package and elevation drawings, showing the following:
(a) 
The location and placement of signs for each tenant, including a sign area or sign band, if applicable.
(b) 
A list of approved colors, materials and construction types.
(c) 
Identification of any preestablished and preexisting trademarks.
Diagram 51-58.1. Sign Erection Permit Procedure
Diagram 51_68.1 Sign Erect.tif
A zoning permit shall be required for all new tenancies before occupying any nonresidential building or nonresidential tenant space and shall be required before any building permit can be issued. A zoning permit application form shall be prepared by and made available from the Zoning Officer. The Zoning Officer shall grant or deny a zoning permit within 10 business days from the receipt of a complete zoning permit application. If the Zoning Officer fails to act within this time period, the failure shall be deemed to be an approval of the application for a zoning permit.
A. 
Except for applications for minor repairs, as defined by the Uniform Construction Code, no construction permit or certificate of occupancy shall be issued unless a zoning permit has been obtained from the Zoning Officer.
B. 
Required inspection. Inspection of the subject premises prior to issuance of a zoning permit shall be at the discretion of the Zoning Officer.
C. 
Zoning permit exceptions. Pursuant to the above, all applicants for building permits shall apply for a zoning permit. Notwithstanding the foregoing to the contrary, the following items shall not be subject to a zoning permit:
(1) 
Replacement roofing.
(2) 
Replacement siding.
(3) 
Replacement windows and doors, where there is no change in glazing area or opening size.
(4) 
Replacing chimneys and chimney liners, where a new chimney is the same size and material as the original.
(5) 
Interior oil tank replacement.
(6) 
Furnace/boiler replacement.
(7) 
Garage door replacement, same size.
(8) 
Replacement bathroom fixtures.
(9) 
Replacement floors/ceilings.
(10) 
Replacement kitchen cabinets/fixtures/appliances.
(11) 
Installation of radon mitigation systems (interior systems only).
(12) 
Installation of commercial carpet for nonresidential uses.
(13) 
Minor work or ordinary maintenance as defined by the Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
(14) 
Interior electrical work.