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Planning & Zoning

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1. When do I need a building permit?

Before you proceed with any construction or alterations, call or email the Building Department at (973)325-4112 or wobuilding@westorange.org.

Many factors determine what you will need. A permit is required to construct, enlarge, demolish, install or alter any structure such as commercial property and residential homes. Permits are also required for installation and replacement of equiptment such as air conditioning and furnaces. Permits are not required for minor work that is considered ordinary repair such as exterior and interior painting and roofing/siding that is LESS than 25%. Permits are also not required for direct replacement of windows that remain the same size; replacement of plumbing fixtures such as sinks and tubs in the same location.

2. Where do I get building permits?

Building permits are available at the Building Department office located at 66 Main Street, West Orange, Second Floor, Room 217. The forms are the standard UCC forms, you must submit the original carbon copy forms.

3. How many sets of drawings are required when submitting an application for building permits?

Two sets of drawings are required when plans are being submitted for review.

4. How much do building permits cost?

The cost depends on what work you are doing, and the estimated cost of work of the proposed construction job. Fee Schedule Building & Construction

5. Who is responsible for obtaining a permit?

The owner or his/her agent, a licensed engineer, architect, or plumbing, electrical or other contractor employed in connection with the proposed work can apply for a permit. If the application is by a person other than the owner in fee, it shall be accompanied by an affidavit of hte owner or the authorized person making the application, that the proposed work is authorized by the owner in fee, and that the applicant is authorized to make such application. All issued permits shall remain the property of the owner even if the application was made by a contractor or quthorized agent.

6. How long does it take to obtain a permit?

It depends on on what type of work is involved. State law requires that the Building Department review your application within twenty (20) working days of receipt. If the permit requires zoning approval, the Zoning Official has ten (10) working days for her/his approval prior to being reviewed by the building officials. Smaller projects may not require as much time. The summer is the busiest season, so please allot additional time.

7. What hours can construction work be performed?

On weekdays between 7:30 A.M. and 7:00 P.M.; Saturdays between 8:00 A.M. and 5:00 P.M., or between 8:00 A.M. and 7:00 P.M. when the work is being done by an occupant owner of the premises; Sundays between 9:00 A.M. and 5:00 P.M., or between 9:00 A.M. and 6:00 P.M. when the work is being done by an occupant owner of the premises.

8. I own a single family residence; can I do my own construction work?

Yes, if you are the owner occupant of a single family home you can be your own contractor. You will want to contact the building department to find out if any permits are required for the work you are doing and if so, you you can complete the permit as a homeowner, and (if needed) prepare your own plans. Plans for multiple family dwellings and commercial properties require an architect's seal.

9. What is considered minor work?

NJAC 5:23 - 2.17A (c)

1. Minor work shall mean and include the construction or total replacement of any porch or stoop which does not provide structural support for any roof or portion of a building; the construction or alteration of any rooms within an existing one or two-family dwelling, provided that no structural members are altered in any way; the removal and replacement of more that twenty-five percent (25%) of the exterior siding of a one or two-family dwelling;

2. Minor work shall also mean and include the replacement of any existing plumbing piping work with new and approved material of like capacity; the installation of drinking fountains and condensate drains in existing structures; the replacement of existing low-pressure hot water heaters with new ones of like capacity; and the new installation of lavatories, water closets, tubs, showers, washers or diswashers, and garbage disposers in existing space of one and two-family dwellings where the new installation of additional fixtures can be accommodated with no increase in the size of the water distribution system, water service or house drain;

3. Minor work shall also mean and include new electrical work incidental to the installation of air conditioning, equipment, clothes dryers, and ranges or ovens in one and two-family dwellings; the installation of five (5) or less 110 or 220 volt receptacles or fixtures where existing circuits and/or available space circuits and service are adequate to support the load; the replacement of existing wiring with new wiring of the same capacity provided that the new wiring shall be of a type approved for the use by the code;

4. Minor work shall also mean and include the installation of any fire detection or suppression device in any one or two-family dwelling; installation of a radon mitigation system in an existing detached one or two-family dwelling; the installation of a burglar alarm or security system in any structure and the installation of a low voltage communication system in any structure other than a one or two-family dwelling;

5. Minor work shall not include lead abatement;

6. Minor work on elevator devices shall also mean and include work as outlined below and not involving any structural alteration to a building and as scoped within the applicable sections of Part XII of ASME A17.1 referenced in the building sub-code.

10. When is a licensed contractor required?

A licensed plumbing, electrical or fire contractor is required for all work on commercial properties and multiple family dwellings. Homeowners fo single-family homes can conduct the work themselves if they are knowledgeable in the field of work to be performed.

11. If I need to dig on my property, what do I need to do?

If you need to dig on your property, New Jersey law requires you to provide at least three business days notice before beginning outdoor construction or digging.

Contractors,property owners, or whoever is excavating must call New Jersey One Call at (800) 272-1000 and take the following steps:

• Wait for the site to be marked with paint, flags, or stakes.
• Respect the marks and dig with care.
• Hand dig within two feet of buried piping and facilities.

12. When is a survey required for a building permit?

A survey of your property is required when submitting an application for the construction of an addition, deck, fence or new building.

13. Can I obtain a copy of my property survey from the Township?

No; you need to contact your mortgage company or attorney who did your property closing. You might also check your title insurance papers for an attached copy of your survey. The Building Department would only have a copy of your survey if you did work on the property in the past that required a copy of the document. There are no other Township or County departments that keep your survey on file.

14. Should I be concerned about an oil storage tank when I am purchasing a home?

Yes. In order to find out if there is/was an oil storage tank on the property you should complete an Open Public Records Act (OPRA) form in the Municipal Clerk's office in Town Hall. The Building Department cannot give property information to a person who does not own the property.

Once the OPRA request has been received by the Clerk's office, they will send it to our office; within seven (7) business days we will advise you if we have records available for your review. There is only a fee if you request printed copies of records. OPRA Request Form

15. What permit is required to fill or remove an oil storage tank?

To fill an oil storage tank, a mechanical and fire permit is required. Materials such as sand, gravel or foam can be used for filling such tanks. A mechnical permit is required for the removal of a residential or commercial oil storage tank. Mechanical & Fire Permit

16. When am I subject to a fine?

Monetary penalites may be imposed when work has commenced prior to the issuance of a building permit and failure to have all inspections conducted throughout the project.

17. Can a penalty be appealed?

If you wish to contest a penalty notice, you may request a hearing before the Essex County Construction Board of Appeals within fifteen (15) days of receipt of the penalty notice. The Fee for an Appeal is $100.00 and should be forwarded with your application to the Construction Board of Appeals Office at 900 Bloomfield Avenue, Verona, NJ 07044

Your application for appeal must be in writing setting forth your address and name, the address of the building or site in question, the permit number, the specific sections of the Regulations in question, and the extent and the nature of your reliance on them. You may include a brief statement setting forth your position and the nature of relief sought by you. You may also append any documents that you consider useful.

18. What is the minimum required depth of footings?

Footings have to be at least 42 inches (3'-6") from existing grade.

19. When are railings required for steps on a building?

Railings are required for steps when three (3) or more risers are being constructed.

20. What is the required space needed between balusters?

Less than four inch (4") spacing is the maximum dimension between balusters.

21. What is the required minimum ceiling height to finish a basement?

The height of the ceiling must be seven feet (7') or more from basement fllor to ceiling. (Link to Finished Basement Requirements.) Finished Basement Requirements

22. Is it legal to have a bedroom in my basement?

No. Sleeping in the basement is not permissible in any house. If the basement is below ground, a bedroom is not allowed. If the basement has a walk-out to the outside, then a bedroom is allowed. For questions regarding basement use, contact the Zoning Official at (973)325-4119 or email zoningofficial@westorange.org.

23. What is required to install a swimming pool?

A building permit is required for the installation of your pool. Depending on what type of pool you are installing, various approvals may be required.

If you are installing an in-ground pool, an approval from the Engineering Department is required before you can secure a building permit. You need to submit two (2) copies of a grading plan to their office, located at 25 Lakeside Avenue, West Orange, for approval BEFORE submitting your permit application package to the Building Department.

You must also provide the Building Department with a copy of your property survey (marked to indicate the location of the pool), the specifications on the pool, filter and ladder. Additionally, you must submit building, plumbing and electrical permit applications providing all descriptions of work. (Link to Requirements for Pool Installations.) Pool Installation Information

24. Do I need a permit to replace my water heater?

Yes, a permit is required to replace your water heater or furnace/boiler. These appliances are probably the most dangerous equipment in your home.

25. Do I need a permit to demolish my garage?

Yes. You need a building permit to demolish a garage. Please be aware that there is an ordinance that a single family house must rebuild their garage once it has been demolished. Demolition Requirements

26. Can I make a living space out of my garage?

All single family houses are required to have space for one vehicle in their garage. If you plan on converting your garage into a living space, you will be required to go before the Zoning Board of Adjustment.

27. May I rent out a room in my single family house?

Yes, but you are required to obtain a Certificate of Occupany (CCO) prior to renting out the room. Please note there are codes that restrict the number of persons living in a house, for example there is a code limiting up to four (4) unrelated people living in a house. For more information contact the Zoning Official at (973)325-4119 or email zoningofficial@westorange.org Application for CCO (Residential)

28. What should I do if I think my neighbor is doing construction without proper permits?

If you think your neighbor is doing construction work without a permit, you can contact the Building Department at (973)-325-4112 or email wobuilding@westorange.org

29. How do I find out if my home property is in a flood zone?

To find out if your home property is part of the flood zone, you must contact the Construction Official at (973)325-4112 or email wobuilding@westorange.org for a review of Township Flood Maps.

30. How do I find the block and lot number of my house?

To find the block and lot number of your house, contact the Tax Assessor's office at (973)325-4060, or you can refer to your municipal tax bill that you receive in the mail quarterly.

31. Will my taxes go up if I build a deck?

Yes. You should contact the Tax Assessor's office for details. (973)325-4060 or email taxassessor@westorange.org

32. Do I need a permit number when calling the Building Department for an inspection request?

Yes. To access your file, the Building Department database requires a permit number as well as address and nature of the inspection needed.

33. Do I need a permit to remove a tree from my property?

Yes, if you are removing three (3) or more trees a permit is required. To obtain a tree removal permit contact the Engineering Department at (973)325-4160 or email engineering@westorange.org. Tree Removal Application Procedure and Form

34. Do I need a drawing sealed by a New Jersey licensed architect?

Not always. Some small projects where you are doing the work as a single family homeowner occupant, such as a deck, can be drawn by yourself. However, the drawing must be detailed. Guidelines for Additions & Decks

35. How can I contact a qualified Township inspector?

Click here to view list of Township inspectors by specialty. Building and Construction Code Inspectors

36. How do I know if an inspector is qualified to inspect my work?

All Township inspectors are licensed by the State of New Jersey, Department of Community Affairs, Division of Codes and Standards, to inspect all phases of construction that require a permit.

37. Do I need a permit for a garage or yard sale?

Yes. The Township has a garage sale ordinance. The application is available online or in the Planning Department office, 66 Main Street, Room 217. The application must be signed by the property owner and submitted to our office at least one (1) day prior to the sale. The fee is $5.00. We will issue the permit and two signs (additional signs are available for a fee of $.50 each). When issued, the permit is valid for four (4) consecutive days. You are permitted two sales within a twelve-month period. Garage Sale Permit Application & Ordinance

38. Do I need a permit for a sign?

Yes. A permit is needed for all signs including temporary and permanent signs. Sign Ordinance

39. Where can I obtain a Township map?

Township maps are available for $3.00 in the Planning Department, Township Municipal Building, 66 Main Street, Room 217.

40. Does the Township have a Historic Society?

Yes. The Township has a Historic Preservation Commission. For information regarding the Commission and areas of the Township that are included in the historic preservation, contact the Planning Department at (973)325-4110 or email planning@westorange.org.

41. How close to my property line can I build an above-ground pool?

An above-ground pool is required to be at least 10 feet (10') from the side and rear property lines.

42. How close to my property line can I build an in-ground pool?

The water line of the pool is required to be at least seven feet (7') from the property line. The concrete walkway around the pool is required to be at least four feet (4') from the property line.

43. What do I need to do if I want to put up a fence?

You will need a permit to put a fence in your backyard or replace an existing fence. You must complete and submit a fence application to our office, Residential applications are $50.00; commercial applications are $100. For specific questions, contact the Zoning Official at (973)-325-4119 or email zoningofficial@westorange.org. Fence Permit Application & Ordinance

44. How can I find the zoning information for my property?

To find out your property's zoning information you must contact the Zoning Official at (973)325-4119 or email zoningofficial@westorange.org. You must provide the street address and Block and Lot number to determine the zoning of a particular property.

45. How close to my property line can I build a deck or addition?

The minimum distance required to the property line depends on the zone of your property. Contact the Zoning Official at (973)325-4119 or email zoningofficial@westorange.org.

46. Do I need a permit to install a shed on my property?

To install a shed that is less than 100 square feet, you are required to submit to the Building Department a survey of your property indicating the distance of the shed from your property line. If the squre footage of the shed exceeds 100 feet, you will be required to obtain a construction permit in addition to submitting your property survey.

47. What is a Certificate of Continued Occupancy?

A Certificate of Continued Occupancy (CCO) is required when there is a change in tenant/occupancy of any residential property or commercial property for sale or re-rental. The fees for commercial properties are based on the square footage of the building; the residential fees are determined by the number of units being sold or rented. Before a CCO can be issued, the CCO Inspector and a Property Maintenance Inspector must conduct an inspection of the property.

48. Can I install a driveway on my front lawn or a curcular driveway in front of my house?

The Zoning Official must look at a copy of your property survery to determine if you meet the setback requirements. The Zoning Official may determine you need Planning Board or Zoning Board approval, because the driveway requires a variance. Contact the Zoning Official at (973)325-4119 or zoningofficial@westorange.org. Additionally, you must contact the Township Engineer to determine the Engineering approval requirement as well as obtain a curb-cut permit. Contact the Township Engineer at (973)325-4160 or engineering@westorange.org.

49. What is the Planning Board and Zoning Board of Adjustment?

The primary responsibility of the Planning Board and Zoning Board of Adjustment is to hear and vote on requests for variances or exceptions to our Zoning Ordinance. For some applications, the Boards will review and approve or deny a site plan. Other powers of the Boards include hearing and deciding appeals of decisions made by an administrative officer such as the Zoning Official or Township Planner. The Boards also interpret the zoning map and zoning ordinance.

The Municipal Land Use Law (MLUL), 40:55D, sets forth statutory law guiding the Planning Board and the Zoning Board of Adjustment.

50. Where can I obtain a Planning or Zoning Board application?

You can obtain an application in the Planning Board and Zoning Board office located in the Township Municipal Building, 66 Main Street, Room 214. Office hours are 8:30 A.M. - 4:30 P.M. Monday through Friday. The application is also available online. It is strongly suggested that you contact the Planning Board Secretary or Zoning Board Secretary BEFORE preparing and submitting an application. Contact the Planning Board Secretary at (973)325-4111 or planningboard@westorange.org or the Zoning Board Secretary at (973)325-4108 or zoningboard@westorange.org. Application Package Planning Board or Zoning Board

51. Who do I contact if I have no heat in my home or apartment?

If you have no heat, please email HeatEmergency@westorange.org   or call 973-325-4119 to report the issue. Be sure to include your name and address.