MUNICIPAL LAND USE APPROVAL PROCESS “How To Navigate The System”

1. MUNICIPAL LAND USE APPROVAL PROCESS “How To Navigate The System” City of East Orange, NJ Mayor Robert L. Bowser Joseph Jenkins, City Administrator James A. Slaughter, Department of Policy, Planning and Development Prepared By: Zunilda Rodriguez, A.I.C.P., Prinicpal Planner Department of Policy, Planning & Development , May 2006 Disclaimer: This PowerPoint does not constitute the replacement of legal representation nor encompasses all legal aspects of the lad use process. Please refer to the East Orange Land Use and Development Code, New Jersey Municipal Land Use Law and New Jersey Zoning and Land Use Adminsitration for further legal details and resource.

2. Introduction • GOAL: • Guide developers through the development process for new construction or rehabilitation projects in East Orange. • Make investments work efficiently, effectively and accurately in City of East Orange. • AVERAGE PROCESSING SCHEDULE: • Planning Board (90 day minimum) • Board of Adjustment (Zoning Board) (90 day minimum) • Minor Subdivision and Site Plan Review Subcommittee (30 day minimum) • CORDINATING DEPARTMENTS / AGENTS: • Departments of Policy, Planning and Development; Property Maintenance; Public Works; Tax Assessor; Tax Collector; City Clerk; Corporation Counsel; Fire; Water • Board Attorney; Board Planner

3. Design Project Concept • Developer proposes land use project to undertake and assess feasibility of project from design, financial and building standpoint. • Client proceeds forward and selects an architect, engineer, project manager, and/or attorney if necessary to prepare and present site plans of development proposal.

4. Collect Site Information • Developer obtains parcel information (i.e. deeds, property ownership, tax information; engineering specifications, etc.) • Applicant finalizes preliminary design concepts and site plan of project proposal. • Developer is ready to proceed onto full land use process or has option to first undertake an informal conceptual plan review of development site plan.

5. Conceptual Plan Review • Applicants are highly encouraged to undertake conceptual plan reviews of development proposals before the Site Plan Review Advisory Committee. • Conceptual plan reviews benefits: • Professional planning advice on project proposal before embarking on the full land use review process • Exchange information on applicable elements of zoning ordinance, Master Plan and other development requirements to proposal • Mitigate undesirable project consequences • Receive information on procedural requirements and processing schedules • Advise on public sources of information and strategies that will aid development proposal

6. Land Use Application Filing • Obtained application in Division of Comprehensive Planning. • Developer provides Zoning Officer with 1 preliminary site plan to be reviewed. Zoning Officer completes zoning determination form. • Applicant presents completed application materials, zoning determination form, fee payment and 6 site plans to Division of Comprehensive Planning. • All fees paid by certified check or money order only. Receipts are issued. • Cases materials are processed for administrative completeness review. • Client is given Site Plan Review meeting date.

7. Site Plan Review Process • Site Plan Advisory Committee (SPR) is “one-stop” technical review process for all development proposals. • SPR is comprised of experienced municipal administrators in the areas of planning, engineering, building code regulations, fire, water and tax assessment. • Site plans are reviewed for conformance to master plan objectives, zoning ordinance requirements and building code regulations. • SPR meets every Wednesday in the Planning Department Conference Room at 10:00 a.m. on a first come, first serve basis.

8. Site Plan Review Decision Making • Complies with all applicable provisions of the zoning ordinance • Will not cause substantial detriment to the public’s health, safety and general welfare. • Is consistent with the goals, objectives or recommendations from the Master Plan. • Will provide adequate parking for the proposed subject use and property. • At the specific location, the property use will contribute to and promote the community welfare. • Distinguish whether proposed use is compatible with surrounding uses. • Strategically locate accessory facilities and uses such as loading, refuse areas and circulation. • Will provide additional screening and buffering of uses where incompatible or adverse uses exist. • Will not significantly impact historic uses in the neighborhood. • Improvements to public streets such as provision of public services will be adequately provided at subject property.

9. Case File Certification Completion • Case is processed for administrative completeness by Land Use Administrator after site plan review process is completed. • Applicant notified of any deficiencies with submitted case file. • Developer submits all outstanding case file documents. • Land Use Administrator certifies case is complete and ready for placement on scheduled board hearing agenda. • Client proceeds with public notification process.

10. Public Notice Issued • Applicant serves certified public notice to property owners within 200 feet of application subject property. • Public notice published in the official newspaper by developer. • Copies of all public notices are submitted to Division of Comprehensive Planning at least 10 calendar days prior to board hearing date. • Failure to submit required public notice will result in the applicant’s inability to be heard at scheduled municipal board hearing date.

11. Land Use Municipal Hearing • The municipal board takes action on a land use case presented under its jurisdictional powers. • 3 municipal boards decide land uses cases in City of East Orange: • Planning Board • Board of Adjustment • Minor Subdivision and Site Plan Review Subcommittee

12. Land Use Jurisdictional Powers • Planning Board • Adopts master plan; subdivision control and site plan review as to permitted uses; conditional use applications; capital improvement programs; recommendations and amendments to official map • Board of Adjustment (Zoning Board) • Grant variances; hear and decides request for interpretations to zoning map or ordinance; hears and decides appeals by the administrative officer • Minor Subdivision and Site Plan Subcommittee • Acts on all minor subdivisions and minor site plan applications

13. Board Decision Rendered • Municipal board hear developer’s request for approval for a proposed development project application. • Legal testimony, presentation of evidence, and comments from the public are presented before the municipal board. • Municipal board renders a decision of approval or denial of land use application.

14. Memorialized Resolution of Decision • Resolutions memorialized 30 days subsequent hearing. • Commissioners present at hearing are eligible to vote. • Findings of fact are memorialized by resolution and drafted by board attorney. • Memoralizations are posted in official newspaper. • Memorialized resolutions are distributed to applicant. • Client proceeds in building permit process.

15. Resolution Distribution • Resolution can be obtained after 30 day memorialization. • The Division of Comprehensive Planning within the Department of Policy, Planning & Development provides applicant memorialized resolution. • Resolutions are mailed and faxed to clients and their attorney. • Copies of resolutions remain in the Division of Comprehensive Planning.

16. Building Permit & Occupancy Process • Developer provides resolution to Buildings Division in the Department of Property Maintenance. • Building code officials issue permits for construction and rehabilitation of property. • Property is inspected by Building Code Officials for site plan conformance and building code safety during construction. • City engineer inspects property to ensure compliance with approved site plan. • Building code officials issue a certificate of occupancy once all necessary approvals and certificates are obtained.

17. Case File Completion • Case file closed in Divisions of Comprehensive Planning once resolution is memorialized and recorded. • Closed case files remain on file for a minimum of two years. All municipal planning board and zoning board cases are then archived off-site for storage. Closed

18. Project Completion & Conclusion Congratulations on navigating the land use development process in East Orange! Have Questions? Land Use Administrator: Tel: (973) 266-5436 CONTACT: Division of Comprehensive Planning Department of Policy, Planning and Development City of East Orange 44 City Hall Plaza, East Orange, NJ 07017 Tel: (973) 266-5486 Fax: (973) 673-4077