Transcript Land Use Development Process “How To Navigate”

MUNICIPAL LAND USE APPROVAL PROCESS
“How To Navigate The System”
City of East Orange, NJ
Mayor Robert L. Bowser
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.
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
Introduction
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GOAL:
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AVERAGE PROCESSING SCHEDULE:
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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.
Planning Board
Board of Adjustment (Zoning Board)
Minor Subdivision and Site Plan Review Subcommittee
(90 day minimum)
(90 day minimum)
(30 day minimum)
CORDINATING DEPARTMENTS / AGENTS:
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Departments of Policy, Planning and Development; Property Maintenance; Public
Works; Tax Assessor; Tax Collector; City Clerk; Corporation Counsel; Fire; Water
Board Attorney; Board Planner
Design Project Concept
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Developer proposes land use project to undertake and
assess feasibility of project from design, financial and
building standpoint.
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Client proceeds forward and selects an architect, engineer,
project manager, and/or attorney if necessary to prepare
and present site plans of development proposal.
Collect Site Information
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Developer obtains parcel information (i.e. deeds, property
ownership, tax information; engineering specifications, etc.)
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Applicant finalizes preliminary design concepts and site plan
of project proposal.
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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.
Conceptual Plan Review
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Applicants are highly encouraged to undertake conceptual plan
reviews of development proposals before the Site Plan Review
Advisory Committee.
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Conceptual plan reviews benefits:
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Professional planning advice on project proposal before embarking on the
full land use review process
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Exchange information on applicable elements of zoning ordinance, Master
Plan and other development requirements to proposal
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Mitigate undesirable project consequences
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Receive information on procedural requirements and processing schedules
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Advise on public sources of information and strategies that will aid
development proposal
Land Use Application Filing
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Obtained application in Division of Comprehensive Planning.
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Developer provides Zoning Officer with 1 preliminary site plan to be
reviewed. Zoning Officer completes zoning determination form.
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Applicant presents completed application materials, zoning determination
form, fee payment and 6 site plans to Division of Comprehensive
Planning.
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All fees paid by certified check or money order only. Receipts are issued.
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Cases materials are processed for administrative completeness review.
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Client is given Site Plan Review meeting date.
Site Plan Review Process
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Site Plan Advisory Committee (SPR) is “one-stop” technical
review process for all development proposals.
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SPR is comprised of experienced municipal administrators
in the areas of planning, engineering, building code
regulations, fire, water and tax assessment.
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Site plans are reviewed for conformance to master plan
objectives, zoning ordinance requirements and building
code regulations.
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SPR meets every Wednesday in the Planning Department
Conference Room at 10:00 a.m. on a first come, first serve
basis.
Site Plan Review Decision Making
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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.
Case File Certification Completion
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Case is processed for administrative completeness by Land
Use Administrator after site plan review process is completed.
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Applicant notified of any deficiencies with submitted case file.
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Developer submits all outstanding case file documents.
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Land Use Administrator certifies case is complete and ready
for placement on scheduled board hearing agenda.
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Client proceeds with public notification process.
Public Notice Issued
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Applicant serves certified public notice to property owners within
200 feet of application subject property.
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Public notice published in the official newspaper by developer.
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Copies of all public notices are submitted to Division of
Comprehensive Planning at least 10 calendar days prior to board
hearing date.
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Failure to submit required public notice will result in the applicant’s
inability to be heard at scheduled municipal board hearing date.
Land Use Municipal Hearing
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The municipal board takes action on a land use case presented
under its jurisdictional powers.
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3 municipal boards decide land uses cases in City of East
Orange:
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Planning Board
Board of Adjustment
Minor Subdivision and Site Plan Review Subcommittee
Land Use Jurisdictional Powers
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Planning Board
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Board of Adjustment (Zoning Board)
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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
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
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Acts on all minor subdivisions and minor site plan applications
Board Decision Rendered
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Municipal board hear developer’s request for approval for a
proposed development project application.
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Legal testimony, presentation of evidence, and comments
from the public are presented before the municipal board.
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Municipal board renders a decision of approval or denial of
land use application.
Memorialized Resolution of Decision
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Resolutions memorialized 30 days subsequent hearing.
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Commissioners present at hearing are eligible to vote.
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Findings of fact are memorialized by resolution and
drafted by board attorney.
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Memoralizations are posted in official newspaper.
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Memorialized resolutions are distributed to applicant.
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Client proceeds in building permit process.
Resolution Distribution
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Resolution can be obtained after 30 day memorialization.
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The Division of Comprehensive Planning within the Department
of Policy, Planning & Development provides applicant
memorialized resolution.
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Resolutions are mailed and faxed to clients and their attorney.
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Copies of resolutions remain in the Division of Comprehensive
Planning.
Building Permit & Occupancy Process
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Developer provides resolution to Buildings Division in the
Department of Property Maintenance.
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Building code officials issue permits for construction and
rehabilitation of property.
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Property is inspected by Building Code Officials for site plan
conformance and building code safety during construction.
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City engineer inspects property to ensure compliance with
approved site plan.
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Building code officials issue a certificate of occupancy once
all necessary approvals and certificates are obtained.
Case File Completion
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Case file closed in Divisions of Comprehensive Planning
once resolution is memorialized and recorded.
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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
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