[Ord. No. O-01-46 § 32-4.1; Ord. No. O-12-02 § 9; Ord. No. O-13-25; amended 2-17-2021 by Ord. No. O-21-10; 5-18-2022 by Ord. No. O-22-20; 2-17-2021 by Ord. No. O-21-10; 5-18-2022 by Ord. No. O-22-20; 12-18-2024 by Ord. No. O-24-68]
a.
Application to the Zoning Officer. Every application for development, including an application for a change of use, shall require a permit to be issued by the Zoning Officer certifying that the development proposal is in full conformance with the zoning regulations and all other applicable land use ordinances and statutes. Application for a zoning permit shall be made to the Zoning Officer prior to or in conjunction with any application for the issuance of a construction permit or a certificate of occupancy. The applicant shall submit sufficient information for the Zoning Officer to render a decision. This shall include, but not be limited to:
1.
One copy of the original application form, completed and signed by the applicant.
2.
Two copies of each of the following information on one or more drawings:
3.
An electronic copy of the documents required in Subsection 33-4.1a1 and 2, above. Electronic submissions shall be required to be submitted to the Zoning Officer and may be in the following formats: PDF, Microsoft Word, JPG or any other electronic format acceptable by the Zoning Officer. The Zoning Officer is permitted to waive the requirement for the submission of any paper copies.
b.
Decision by the Zoning Officer. The Zoning Officer shall make a decision within 10 business days of the submission of a complete application. If the Zoning Officer shall determine that the application material submitted is complete, and that the proposal is in full conformance with the zoning regulations and all other applicable land use ordinances and statutes, and that no additional reviews are required by any other officers, boards or agencies, he/she shall forthwith issue a zoning permit.
If the Zoning Officer shall determine that the proposal is not in full conformance with the zoning regulations and all other applicable land use ordinances and statutes, and that no additional reviews are required by any other officers, boards or agencies, he/she shall forthwith issue or authorize the issuance of a formal written letter of denial to the applicant, setting forth therein the grounds for the decision.
c.
Appeals to the Board of Adjustment. Appeals to the Board of Adjustment pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-70a.), may be taken by any interested party affected by any decision of the Zoning Officer based on or made in the enforcement of this chapter or other land use ordinance. Such appeal shall be taken within 20 days of the letter of denial by filing a notice of appeal with the Zoning Officer stating the grounds of such appeal.
Upon receipt of a notice of appeal, the Zoning Officer shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed was taken.
d.
Schedule of Fees for Zoning Permits and Approvals. Fees for zoning permits and approvals shall be in accordance with the following table:
Schedule of Fees for Zoning Permits and Approvals |
|---|
The fee for a Zoning Permit shall be $100 nonrefundable for each permit required except: |
Category | Type | Area/size | Fee |
|---|---|---|---|
Residential | Addition/Alteration to Existing 1- or 2-Family Residential Dwelling | — | $100 |
Addition/Alteration to Existing Multi-Family Residential Dwelling | — | $200 | |
New Construction of Multi-Family Residential Dwelling | <5 d.u. | $300 | |
New Construction of Multi-Family Residential Dwelling | 6-25 d.u. | $500 | |
New Construction of Multi-Family Residential Dwelling | >25 d.u. | $600 | |
Residential Accessory | Deck/Patio/Porch | $50 | |
Fence/Wall | $50 | ||
Detached Garage/Shed | $50 | ||
Pool/Spa | $50 | ||
Stairs/Walkways/Sidewalks | $50 | ||
Mixed-Use | Addition/Alterations to Existing Mixed-Use Structure | — | $150 |
New Construction of Mixed-Use Structure | <5 d.u. | $300 | |
New Construction of Mixed-Use Structure | 6-25 d.u. | $500 | |
New Construction of Mixed-Use Structure | >25 d.u. | $500 | |
Commercial | New Commercial Structure or Addition | 5,001 to 10,000 s.f. | $150 |
New Commercial Structure or Addition | 10,001 to 25,000 s.f. | $250 | |
New Commercial Structure or Addition | 25,001 to 50,000 s.f. | $350 | |
New Commercial Structure or Addition | >50,000 s.f. | $500 | |
Industrial | New Industrial Structure or Addition | <10,000 s.f. | $300 |
New Industrial Structure or Addition | 10,001 to 50,000 s.f. | $500 | |
New Industrial Structure or Addition | 50,001 to 100,000 s.f. | $600 | |
New Industrial Structure or Addition | >100,000 s.f. | $750 | |
Other | Certification of Pre-Existing Nonconforming Use | — | $150 |
Requests for Zoning Determination/Interpretation | — | $50 | |
Alterations, Recovering and Updates to Existing Signs | — | $50 |
e.
Any permit issued shall become invalid if the authorized work is not commenced within 12 months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.
[Ord. No. O-01-46 § 32-4.2]
If, after the receipt of a Letter of Denial from the Zoning Officer, the developer wishes to pursue the proposal for development, application shall be made for a variance from the zoning regulations. A developer may file an application for a variance with Zoning Board of Adjustment or, where other review is required, with the Planning Board, provided that an application to the Planning Board shall make mention of every type of review being sought. An application for variance pursuant to N.J.S.A. 40:55D-70(d) must be filed with the Board of Adjustment and may include a request for other review that may be required in conjunction with the proposed development.
[Ord. No. O-01-46 § 32-4.3; Ord. No. O-07-22 § 1; Ord. No. O-09-28 § 2]
a.
Site Plan Review and Approval Required.
1.
Prior to the issuance of a permit for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, the excavation or filling of soil, or for the use or change of use of an existing property, site plan review and approval shall be required, except as hereinafter exempted; provided that site plan review is not required for new construction of, or additions to, detached one and two dwelling unit buildings and their customary accessory structures. Detached one- and two-family residences shall be subject to administrative review and approval of a plot and grading plan by the Bureau of Planning and Zoning and Office of the City Engineer prior to the issuance of a zoning permit and building permit(s). Said plot and grading plan shall include architectural elevations and floor plans unless waived by the approving authorities.
2.
No certificate of occupancy shall be issued for any structure, unless all construction conforms to the approved final site plan.
b.
Exemption from Site Plan Review. Provided that the proposed development (i) does not involve a change in use; (ii) does not involve substantial site development considerations, as certified by the City Engineer; and (iii) does not require a variance from zoning regulations, as certified by the Zoning Officer, site plan review is not required for development which is limited to one or more of the following:
1.
New buildings and structures, or additions and alterations to existing buildings and structures, where the new construction or alteration does not exceed 600 square feet of floor area;
2.
New parking areas or additions to parking areas resulting in no more than five spaces;
3.
Nonstructural changes in the facade of a structure;
4.
Interior changes which do not significantly impact the underlying use, increase parking requirements or impact storm water requirements;
5.
Installation, alteration, replacement, relocation or enlargement of a conforming sign.
c.
Waiver of Site Plan Review. The Planning Board may waive the requirement for site plan approval where the Board determines that the proposed development is a permitted use in the zone and does not involve substantial site development considerations.
[Ord. No. 00-01-46 § 32-4.4]
a.
Subdivision Review and Approval Required.
1.
Any owner of land within or partly within the City, prior to subdividing or resubdividing such land, shall obtain approval of the preliminary and final plats of the proposed subdivision by the Planning Board or Zoning Board of Adjustment as provided by law before the subdivision may be recorded in the office of the County Recording Officer of Hudson County.
2.
Approval of final subdivision plans by the Planning Board or Zoning Board as provided by law shall constitute an acceptance of the proposed dedication of land for streets, parks and other dedicated areas. However, such approval shall not constitute an acceptance of physical improvements in such streets, parks or other dedicated areas and shall not impose upon the City the obligation of maintenance of or jurisdiction over the physical improvements unless the improvements have been accepted by the City Council in accordance with law.
b.
Exemption from Subdivision Approval.
1.
In accordance with N.J.S.A. 40:55D-7, so long as no new streets are created, the following divisions of property are exempt from the requirements of local municipal approval:
(a)
Divisions of land found by the Planning Board or Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(b)
Divisions of property by testamentary or intestate provisions.
(c)
Divisions of property upon court order.
(d)
Conveyances so as to combine existing lots by deed or other instrument.
2.
In all cases involving such exempted divisions, the Planning Board Chairman and Secretary shall certify the exemption on the plat, deed or instrument to be filed with the County Recording Officer.
[Ord. No. 9-01-46 § 32-4.5]
a.
Requirement. If required by any of the provisions of the Zoning Ordinance, conditional use approval by the appropriate approving agency shall be obtained prior to the issuance of a construction permit or certificate of occupancy.
b.
Approving Agency. The Planning Board shall act as the approving agency for all applications for conditional use approval, except that the Board of Adjustment shall have the power to grant conditional use approval to the same extent and subject to the same restrictions as the Planning Board whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to this chapter.
c.
Board of Adjustment to Hear Variance from Conditional Use Standards. If one or more of the conditional use standards is not met, the application for variance must be heard by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d).
[Ord. No. O-01-46 § 32-4.6]
An applicant shall have the option of seeking the direction of the City Engineer and City Planner, or their designees as to which approvals are required and the appropriate board for hearing same, or filing an application and proceeding before the Board that the applicant believes is appropriate. The City Engineer and City Planner's determination shall be presumed to be correct. In addition to an application for variance from zoning regulations, the following classifications of applications or combinations thereof may be filed:
[Ord. No. O-01-46 § 32-4.7]
a.
Submission Requirements.
1.
Each application for approval of a minor subdivision, minor site plan, preliminary major subdivision, preliminary site plan, final major subdivision or final site plan, as the case may be, and each application for variance relief, shall include all information and data listed in the appropriate corresponding checklists set forth in the Section 33-11. See appropriate corresponding checklists set forth in the appendix to this chapter.
2.
The applicant may request that one or more submission requirements be waived, in which event the City Engineer and City Planner, or their designees, shall grant or deny the request within 45 days.
b.
Completion Review.
1.
The City Engineer and City Planner, or their designees, shall review all applications and accompanying documents required by this chapter to determine that the application is complete. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the City Engineer and City Planner, or their designees, certifying that the application submitted provides sufficient information in accordance with the submission requirements of this Chapter.
2.
In the event that the City Engineer and City Planner, or their designees, does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(a)
The application lacks information indicated on the checklist for such application; and
(b)
The City Engineer and City Planner have notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(c)
The City Engineer and City Planner, or their designees, may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the City Engineer and City Planner, or their designees.
(d)
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application.
c.
Distribution of Applications.
1.
In addition to distributing applications to the Board members, the Board Secretary shall forward copies of the application forms and plans to the following officials for review and comment where appropriate:
(a)
City Engineer.
(b)
Planning Consultant.
(c)
Environmental Officer.
(d)
Bayonne Environmental Commission.
(e)
Tax Assessor (subdivisions only).
(f)
Zoning Officer.
(g)
Fire Subcode Official.
(h)
Hudson County Planning Board (if required, the applicant is responsible for making application to the County).
(i)
Historic Preservation Commission (if the proposed development is within an area designated by the zoning ordinance as a historic site or landmark.)
2.
The Board shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.
3.
The above officials and commissions (with the exception of the Hudson County Planning Board) shall forward any comments and recommendations in writing to the appropriate Board within 15 days after the receipt of the application, but in no event later than 10 days prior to any scheduled hearing.
[Ord. No. O-01-46 § 32-4.8]
a.
Notice Required. Notice of a hearing on an application for development, extensions of approval for more than five years, and for modification or elimination of a significant condition or conditions in an approval initially required a public hearing shall be given at least 10 days prior to the date of hearing except for:
b.
Persons and Entities to be Noticed.
1.
Notice of hearing requiring public notice pursuant to this subsection shall be given to the owners of all real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (a) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (b) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (a) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (b) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
2.
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
3.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
4.
Notice shall be given by personal service or certified mail to the New Jersey Department of Transportation of a hearing on an application for development of property adjacent to a State highway.
5.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Board.
6.
The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development at least two days prior to the hearing date.
7.
Notice shall be given by personal service or certified mail on behalf of public utilities, cable television companies or local utilities to the person whose name appears on the registration form for these entities with the City of Bayonne.
c.
Contents of Notice. Notices pursuant to this subsection shall state the date, time and place of the hearing, the nature of the matters to be considered, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Department, and the location and times at which any maps and documents for which approval is sought are available for review.
d.
List of Property Owners. Upon the written request of an applicant, the Tax Assessor of the City shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this subsection. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum equal to $0.25 per name, or $10, whichever is greater shall be charged for such list.
e.
Public Notice Claiming Approval by Reason of City Failure to Act. An applicant shall comply with the provisions of this subsection whenever the applicant wishes to claim approval of his application for development by reason of the failure of the Approving Agency to grant or deny approval within the time period provided in the Municipal Land Use Law, or any supplement thereto.
1.
The applicant shall provide notice of the default approval to the Approving Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development.
2.
The applicant shall arrange publication of a notice of the default approval in the official newspaper of the City.
3.
The applicant shall file an affidavit of proof of service and publication with the Board Secretary, the City Engineer and City Planner.
[Ord. No. O-01-46 § 32-4.9]
a.
Purpose and Scope. Each application for development shall be reviewed to ascertain whether such development will produce an adverse impact to the environment. Such review will seek to minimize, to most practical extent possible, any probable impacts to air, water, and aesthetic quality, as well as minimize traffic, noise, dust and other impacts.
b.
When Required. The City Engineer, City Planner and City Environmental Health Specialist, when reviewing an application for development, shall require the preparation of an environmental impact statement in the following cases:
1.
A significant percentage (25% or more) of the property is within or borders a floodplain.
2.
The proposed development exceeds 25 dwellings per acre.
3.
Direct exposure to heavy traffic (e.g. New Jersey Turnpike, Bayonne Bridge).
4.
Areas where noise and dust are problems (e.g. adjacent to heavy industry).
5.
Areas where aesthetic impact is substantial.
6.
Industrial activities involving the use, processing or manufacture of hazardous, toxic or corrosive substances as defined and named in regulations promulgated by the United States Environmental Protection Agency (U.S.E.P.A.).
7.
Areas planned for 25 or more residential dwelling units.
The described areas of concern are by way of direction for the reviewing Board and not by way of limitation. The reviewing Board may waive portions of the environmental impact statement requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. |
c.
Review by Bayonne Environmental Commission. The Board, before taking any action hereunder, shall review the written comments of the Bayonne Environmental Commission. In the event the Bayonne Environmental Commission fails to provide its written comments to the Board within 30 days of its being provided with a copy of the land development application, the Board shall be free to take action pursuant hereto without reviewing the Environmental Commission's comments.
d.
Contents of Environmental Impact Statement (EIS). All environmental impact statements shall consist of written and graphic materials that clearly present the following information:
1.
Professional qualifications of the preparer(s) of the report.
2.
General statement describing the scope of the proposed project. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.
3.
The compatibility or incompatibility of the proposed project shall be described in relation to the following: City of Bayonne Master Plan, City of Bayonne Planning and Development Ordinance, City of Bayonne Zoning Ordinance, the Hudson County Master Plan and the New Jersey State Development and Redevelopment Plan.
4.
A listing of all licenses, permits or other approvals as required by law for any past or current applications and the status of each are to be provided. This list shall include, but is not limited to, approvals required by the City and agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
5.
A statement and data supporting the suitability of the site for the intended use. This shall include a description of environmental conditions including:
(a)
Topography. A description and map of the topographic conditions of the site shall be provided.
(b)
Contamination. Information regarding the presence or absence of environmental contamination, including the presence of known or suspected contaminants on the site, prior uses of the property, the status of any past or present administrative or judicial proceeding involving contamination or remediation or contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.
(c)
Critical areas. A description and map of the wetland areas, wetland buffers, steep slopes, areas of known rare and endangered spaces and flood plains on the site shall be provided.
(d)
Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.
(e)
Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities and any scenic view from the site.
(f)
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
6.
A description of negative and positive impacts taken before, during and after construction shall be described including efforts to minimize the adverse environmental effects. Areas of specific concern include the following:
(a)
Soil erosion and sedimentation resulting from surface runoff.
(b)
Flooding and flood plain disruption.
(c)
Degradation of surface water quality.
(d)
Sewage disposal.
(e)
Solid waste disposal.
(f)
Destruction or degradation of scenic and historic features on and off-site.
(g)
Air quality degradation.
(h)
Noise levels.
(i)
Lighting levels including trespass lighting.
(j)
Effect on the community including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.
7.
Environmental Performance Controls. The applicant shall indicate the measures that will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off-site. Of specific interests are:
8.
The EIS shall state the site design and project location alternatives to the proposed project including, description of alternative development lands considered to avoid some or all of the adverse environmental effects with the rationale for each alternate. This section of the report requires an applicant to describe the decision making process of project design.
e.
Documentation. All publications, file reports, manuscripts or other written sources of information that were consulted in preparation of the environmental impact statement shall be listed and footnoted.
f.
Mitigation. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIS and/or in the course of the public hearing. The Board shall also have the right to require any additional areas to be included in the EIS study when site conditions warrant.
[Ord. No. O-01-46 § 32-4.10; Ord. No. O-09-28 § 2]
a.
Purpose. A Technical Review Committee shall be established to facilitate the review process for potential applicants and to assist the Planning Board and Board of Adjustment in their review of all applications for development or other requests presented to either board.
b.
Membership. The Committee shall be chaired by the Head of the Division of Community Development or designated full-time City staff member and shall include the City Zoning Officer, Planning Consultant, Planning Board Attorney, Planning Board Secretary and the City Environmental Officer.
For applications heard by the Zoning Board of Adjustment, the Attorney and Secretary of the Board of Adjustment shall substitute for the Planning Board Attorney and Secretary. The Chairman of the Planning Board may request the attendance of a representative of the Bayonne Municipal Utilities Authority[1] or the Historic Preservation Commission, a member of the public, or any other municipal, County or State official whose particular expertise may be required on a specific application.
[1]
Editor's Note: Effective 12-31-2016, the Municipal Utilities Authority is dissolved by Ord. No. O-16-48.
c.
Responsibilities. The Committee shall have the following responsibilities:
1.
To meet with potential applicants to provide technical and design comments on approved development.
2.
To determine compliance with the technical standards set forth in this chapter.
3.
To make recommendations on the design and technical element of any application.
4.
To recommend to the Board whether an EIS should be required.
[Ord. No. O-01-46 § 32-4.11]
a.
Request for Review. Prior to the submittal of an application for development, the Planning Board may grant the applicant an informal concept plan review. The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the City's development goals and objectives. Informal review is intended to:
1.
Provide the Planning Board or Committee input in the early stages of subdivision and site plan design.
2.
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;
3.
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements;
4.
Advise the applicant of any public sources of information that may aid the application;
5.
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
6.
Consider opportunities to increase development benefits and mitigate undesirable project consequences;
7.
Permit input into the general design of the project.
b.
Documents and Fees to be Submitted. Applicants seeking review of a concept plan shall provide 16 copies of the plan and one copy of the completed application and the required review fees to the Planning Board Secretary at least 30 days before a Board hearing upon which a concept review is scheduled.
c.
Effect of Informal Review. Neither the applicant nor the Board is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.
[Ord. No. O-07-22 § 1; Ord. No. O-09-28 § 2]
a.
Purpose. Demolition shall be considered a form of development having the potential to affect community character; preservation of neighborhoods; public health, safety and welfare; and the integrity City Master Plan and Zoning Ordinance. In order to address these issues, proposals for demolition shall require an administrative approval from the Bureau of Planning and Zoning and Office of the City Engineer prior to the issuance of a demolition permit by the City Bureau of Building. Proposals for demolition shall also be reviewed by the City Bureau of Building and Health Division and may be reviewed by other City agencies and departments including but not limited to the Bayonne Municipal Utilities Authority,[1] Environmental Commission, Historic Preservation Commission, etc.
[1]
Editor's Note: Effective 12-31-2016, the Municipal Utilities Authority is dissolved by Ord. No. O-16-48.
b.
Applicability. The requirement for administrative approval to demolish a building(s) shall apply to all existing residential buildings, structures and properties in residential zone districts and buildings or properties fronting Broadway. This requirement may be waived in redevelopment areas and for development projects that have received land use approval from the Planning Board or Zoning Board of Adjustment. It shall not apply to the demolition of existing buildings or structures by other governmental agencies.
c.
Minimum Time Frame Before Issuance of Administrative Approval. No administrative approval or demolition permit shall be issued before a period of 30 days has elapsed from the date of submission of a fully completed administrative application for demolition or permit application for demolition. This requirement may be modified or waived in the event of emergency or imminent threat to the public health, safety and welfare as determined by the Office of the City Engineer and City Planner.
e.
Performance Bond. A performance bond complying with Section 33-9, Performance and Maintenance Guarantees, shall be provided upon issuance of administrative approval to guarantee proper demolition, maintain site security, ensure public safety and maintenance of improvements such as fencing. Said bond shall be based upon a cost estimate supplied by the applicant and reviewed and approved by the City Engineer.
f.
Fees. The application fee shall be $100 for properties that are 5,000 s.f. or less, $150 for properties that are between 5,001 s.f. and 10,000 s.f. and $200 for properties that are greater than 10,000 s.f. in area.
g.
Referral to Planning Board, Technical Review Committee. In the event that a proposal for demolition raises substantial engineering, planning, zoning or development issues the application may be referred to the City Technical Review Committee or Planning Board for review and action.