Conference/Public Meeting Agendas/Documents — Packet

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 twenty-five (25%) percent 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 ninety (90) days or such extensions as the Division shall for good cause grant, the Township Construction Official/Zoning Officer may, at the expiration of ninety (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 ten (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 paragraph 2. above shall be binding. If a hearing is requested, the Construction Official/Zoning Officer will, within ten (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

ollowing 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 paragraph 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. (Ord. No. 904-88 § 25-6.9D; Ord. No. 1007-90; Ord. No. 1584-98 § 3) 25-30.5 Professional Qualification Standards. 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 (1) of the following: 1. At least two (2) 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. 168

b. Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one (1) year of full-time professional experience or equivalent specialized training in archeology research, administration, or management; 2. At least four (4) 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 (1) 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 (1) 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 (1) of the following: 1. At least two (2) 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 (2) 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

ractice 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 (1) of the following: 1. At least one (1) year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one (1) 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.* (Ord. No. 904-88 § 25-6.9E; Ord. No. 1007-90) 25-31 RESIDENTIAL ZONE R-3AH. 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 ninety-five (95), of which 1. Approximately one-half of the building lots shall have a minimum lot size of twelve thousand five hundred (12,500) square feet; and 2. Approximately one-half of the building lots shall have a minimum lot size of ten thousand (10,000) square feet. * Editor's Note: From: 36 CFR Part 61, Appendix A. 169

c. The maximum cul-de-sac length for the tract specified in the Land Subdivision Chapter, Revised General Ordinance, subsection 32-10.3m. is waived. d. The density computation of the Township's steep slope regulations, subsection 25-28.6m., shall not apply to the tract. (Ord. No. 904-88 § 25-6.10; Ord. No. 1144-92; Ord. No. 1271-94 § 2; Ord. No. 1933-04 §§ 2, 3) 25-32 SPECIAL IMPROVEMENT DISTRICT. 25-32.1 Policy. 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 neighbor-hoods 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. (Ord. No. 1534-98 § 1) 25-32.2 Definitions. 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 ordinance and amendments thereto. Special Improvement District (also referred to as District) shall mean areas within the Township of West Orange designated by this ordinance 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.

sessment 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. (Ord. No. 1534-98 § 2; Ord. No. 1570-98 § I; Ord. No. 1602-99 § III) 25-32.3 Findings. 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 ordinance, 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 ordinance shall apply.* 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 * Editor's Note: Schedule A, referred to herein, may be found at the end of this section. 170

Corporation to effectuate the purpose of this ordinance and to exercise the powers given to it by this ordinance. 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. (Ord. No. 1534-98 § 3) 25-32.4 Creation of the Special Improvement District. 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 ordinance 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 (3) units or less, or with four (4) units or less that are owner occupied are deemed excluded from the assessing provisions of this ordinance and are expressly

urposes with three (3) units or less, or with four (4) units or less that are owner occupied are deemed excluded from the assessing provisions of this ordinance 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 one hundred (100%) percent of its assessed value. e. Unimproved property is deemed excluded from the assessing provisions of this ordinance 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 eighty (80%) percent 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. (Ord. No. 1534-98 § 4; Ord. No. 1570-98 § II; Ord. No. 1593-99 § 4) * Editor’s Note: Schedule A, referred to herein, may be found at the end of this section. 171

25-32.5 Assessment. a. All of the monies collected through the assessment, pursuant to this ordinance, 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. (Ord. No. 1534-98 § 5) 25-32.6 The Designated District Management Corporation. 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 ordinance, 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 sixty (60) days of the adoption of this ordinance. (Ord. No. 1534-98 § 6; Ord. No. 1602-99 §§ II, III) 25-32.7 Membership. a. The membership of the Corporation shall be as follows: 1. The owners of real property, subject to the assessment under this ordinance, 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 (1) 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 (1) 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 eleven (11) voting members, composed of the following: (a) One (1) 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

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 July 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. Not-withstanding anything to the contrary, no term shall exceed four (4) years. However, any trustee may be reappointed for additional terms. (c) Two (2) 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 (4) years. The initial two persons elected shall randomly be chosen to serve a two (2)- year term, a three (3)-year term and a four (4)-year term. 172