[Adopted by the City Council of the City of Newark 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023. Chapter history includes Ord. No. 6PSF-C, 2-4-2015 as amended by Ord. No. 6PSF-B, 4-3-2019; Ord. No. 6PSF-L, 7-10-2019; Ord. No. 6PSF-C, 04-07-2020. Amendments noted where applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Title shall be known and cited as the "Site Plan Procedures."
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The purpose of this Chapter shall be to establish the mandatory requirements that shall be met prior to site plan approval and those standards to be utilized in the site plan review process. This Chapter shall be applicable to the development of all lands within the City of Newark, New Jersey, in order to promote the public health, safety, and general welfare of the City.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If any clause, sentence, subparagraph, paragraph or section of this Chapter hereinafter adopted or any part thereof is held invalid, inoperable, or unconstitutional by a court of competent jurisdiction, such determination, order or judgment shall not affect, impair, or invalidate the remaining portions of this Chapter, but shall be confined in its operation to the clause, sentence, subparagraph, paragraph, section, chapter, title or part thereof directly involved in the controversy in which the determination, order or judgment shall have been rendered.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The procedures for processing site plans shall comply with the land use procedures requirements provided in Title XLI, Zoning and Land Use Regulations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Site Plan Review and Approval shall be required from the Central Planning Board, or Zoning Board of Adjustment where applicable for all Land Development involving:
1. 
An enlargement which increases the square footage/floor areas of an existing structure by 1,000 square feet or more except for one-, two-, and three-family residential uses.
2. 
The construction of a new structure containing four or more residential units or the creation of four or more new residential units within an existing structure.
3. 
If variance relief pursuant to N.J.S.A. 40:55D-70.c or d is required, except for a one- or two-family residential use.
4. 
Rehabilitation of any industrial or warehousing structure that involves a change in that structure's use group as described in the International Construction Code, 2000 (ICC), or its equivalent replacement construction code put into use by the City of Newark.
5. 
The construction of new commercial, industrial or institutional structures with a gross floor area of 1,000 square feet or more.
6. 
The construction of structures other than buildings (e.g., water tower/chemical containers) of 1,000 square feet or more of grade level or ground floor area.
7. 
The development of an area of 5,000 square feet or more which is wholly devoted to playground, garden or park purposes.
8. 
Any vehicular parking or storage lot development where more than five new parking or storage spaces are created and/or the development of any vehicular parking area or impervious area that increases the existing impervious area by 1,000 square feet or more.
9. 
Establishment of parking areas using "automotive lifts."
10. 
Establishment, enlargement, or conversion of an outdoor storage, salvage, junk or equipment yard.
11. 
Establishment of any institutional residential facility including but not limited to a hospital, prison, dormitory, shelter, or reformatory.
12. 
Approval of site plan shall be obtained prior to the commencement of any excavations, compactions, removal of soil, clearing of a site, construction or demolition, or placing of any fill on land contemplated for development. Site plan approval is a prerequisite to the issuance of a building permit. No certificate of occupancy shall be issued unless all construction and development conforms to the plans as approved by the reviewing board.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Site Plan Review shall not be required; however, a zoning permit and applicable building permits shall be required for:
1. 
An enlargement which increases the square footage/floor area of an existing structure by less than 1,000 square feet.
2. 
Development of one-, two-, or three-family residential structures.
3. 
Rehabilitation of any unoccupied or occupied residential structure where the number of residential units increases by three or fewer above the number of legally established units and no other requirements for site plan approval are triggered.
4. 
Rehabilitation of any commercial, industrial, and institutional structures if the use group does not change. Such rehabilitation shall include the combination or division of internal space that results in fewer or additional tenant spaces.
5. 
The creation of three or fewer new residential dwellings within an existing building currently used for retail, food service, office, or personal service establishments. Such dwelling creation/conversion shall not affect the existing zoning conformity status for its existing building, unless a building addition increases the degree of a nonconformity or creates new nonconformities, in which case site plan review as well as applicable variances shall be required.
6. 
The construction of new commercial, industrial, or institutional structures with a gross floor area of less than 1,000 square feet.
7. 
The construction of structures other than buildings (e.g., water tower/chemical containers) of less than 1,000 square feet of grade level or ground floor area.
8. 
The development of an area of less than 5,000 square feet which is wholly devoted to playground, garden or park purposes.
9. 
Any vehicular parking or storage lot development consisting of fewer than five spaces and/or development of any vehicular parking area less than 1,000 square feet.
10. 
Construction of a private accessory use such as a garage, toolhouse or greenhouse.
11. 
Temporary uses as outlined in Section 41:15-7-1.
12. 
Exceptions from site plan review requirements shall not exempt any application for development from Zoning Standards contained in Chapter 41:16 or applicable stormwater management requirements contained in Chapter 41:17.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Applications for temporary use permit approval shall follow the zoning permit approval process and shall be approved by the administrative officer upon meeting all of the following criteria:
1. 
The proposed use is temporary or seasonal in nature and shall not be in operation for a period greater than 180 days.
2. 
No permanent construction, paving, or grading shall be permitted by a temporary use permit.
3. 
The installation of temporary structures, tents, tensioned membrane structures, canopies, or greenhouses as defined in N.J.A.C. 5:23-2.14 shall be permitted subject to compliance with all applicable local and state construction requirements. New temporary structures, tents, tensioned membrane structures, canopies, or greenhouses shall not be permitted within five feet of a side lot line adjacent to a residential use or 20 feet of a rear lot line adjacent to a residential use.
4. 
The temporary use shall be a permitted use in the zone or shall be a temporary use as defined in 41:2-2.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Approval of a temporary use permit shall grant the applicant the legal use of the property for a period not to exceed 180 days, subject to any other necessary approvals (i.e. building permits).
2. 
Upon expiration of the temporary use permit, the legal use of the property for the purpose defined by the temporary use permit shall be extinguished. If the applicant seeks to continue the use beyond the permitted 180 days, an application for zoning permit, and any subsequent approvals, shall be made for a permanent use.
3. 
A temporary use shall not be subject to the rights and permissions afforded to non-conforming uses as described at N.J.S.A. 40:55D-68 and elsewhere in Title 41.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The information hereunder is required as part of an application for site plan review. Failure to supply any of the required information and/or payment of fees shall constitute an incomplete submission and the application will not be acted upon by the Central Planning Board.
1. 
Site plans submitted shall conform to the zoning regulations as set forth in Title XLI, Zoning and Land Use Regulations of the Revised General Ordinances of the City.
2. 
The applicant shall submit a completed City of Newark Central Planning Board/Zoning Board of Adjustment application with the payment of the required fee, as provided in Section 41:15-12-2.
3. 
Clear, color photos of site.
4. 
The applicant shall submit the required number of site plan drawings, each of which shall bear the impression seal and the inked signature of the licensed architect, engineer or land surveyor for the appropriate drawing as required by N.J.A.C. 13:40-1 and 13:40-2 and shall be in conformance with the preliminary and final site plan requirements detailed in Sections 41:15-8-2 and 41:15-8-3.
5. 
The following must be submitted at least two days prior to the hearing:
a. 
Certified Mail Receipts for notice requirement.
i. 
Mounted on 8.5 x 11 inch bound paper.
ii. 
Six to a page.
iii. 
Arranged in the same order as indicated on the certified list of property owners (a properly certified U.S. Postal Form 3877 will be accepted in lieu of the mounted receipts, provided that the addresses are arranged in the same order as indicated on the certified list).
b. 
Affidavit of Proof of Service by individual who performed mailing certified.
c. 
Affidavit of publication from newspaper.
6. 
For projects greater than 5,000 square feet, the applicant shall submit for the Final Site Plan six copies of the Soil Erosion and Sedimentation Control Plan to the Central Permit Office, Department of Engineering for their review. The Department of Engineering shall inform the Secretary of the Central Planning Board of its action and/or comments and forward a copy of the plan after it has been approved.
7. 
Technical Review Meeting.
a. 
The applicant for any development for 15 or greater residential units or 10,000 or greater square feet of non-residential building area shall participate in a technical review meeting involving representatives from the City Departments/Divisions of Planning and Zoning, Engineering, Traffic and Signals, and Water and Sewer.
b. 
Participation in the technical review meeting shall be a mandatory action prior to the application being deemed complete. The meeting will be scheduled within 45 days of the submission of the application materials unless an extension is requested by the applicant and agreed to by the city.
c. 
The purpose of the technical review meeting shall be to evaluate the feasibility of the project from an infrastructure, engineering, and design standpoint to identify potential structural impediments and to ensure consistency with the NZLUR and Master Plan.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Submission Requirements.
a. 
Six sets of site plan drawings which are submitted as a part of a preliminary site plan application shall include a cover sheet, a boundary and topography survey map and a site detail plan, the details of which shall comply with Section 41:15-8-6. Six sets of the site plan are required unless stated otherwise in this Title.
b. 
The site plan drawings shall be prepared in the size of 24 inches by 36 inches or 30 inches by 42 inches. The sites which cannot be accommodated within the 30 inches by 42 inches, the plan may be drawn at a smaller scale; however, the selection of such scale shall require prior consultation and approval by the Board staff. Two copies of eleven by seventeen-inch size sets shall be required.
c. 
The cover sheet and site plan detail sheet information may be combined on one sheet in those cases where the required information can be effectively and clearly shown.
d. 
All drawings shall be numbered in sequential fashion and properly identified.
e. 
Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with other required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).
f. 
The preliminary submission shall be made at least 30 days prior to the regularly scheduled meeting of the Board.
2. 
Board Action.
a. 
Except for applications governed by the time limits, the Board shall approve, conditionally approve or deny a preliminary major site plan which involves 10 acres of land or less, and 10 dwelling units or less, within 45 days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.
b. 
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
c. 
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Secretary of the Board as to the failure of the Board to act shall be issued on request of the applicant.
3. 
Substantial Modification.
a. 
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with application for final approval. In either case, notice pursuant to N.J.S.A. 40:55D-1 et seq. shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which: (a) increases the density of development; (b) increases the square footage of buildings; (c) proposes a different use; (d) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to, noise, glare and increased drainage runoff; or (e) materially changes a required element of the development plan.
b. 
If the Central Planning Board or the Zoning Board of Adjustments required any substantial amendment in the layout or design of improvements proposed by the developer, that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Central Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.
4. 
Effect of Preliminary Approval.
a. 
Preliminary approval of a major site plan, except as provided in this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted.
i. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and of-tract improvements; and in the case of a site plan, any requirements particular to the site plan approval pursuant to N.J.S.A. 40:55D41, except that nothing herein shall be construed to prevent the City from modifying by ordinance such general terms and conditions of preliminary approval as related to the public health and safety.
ii. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
iii. 
That the applicant may apply for and the Board may grant extension on such preliminary approval of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
iv. 
Whenever the Board grants an extension of preliminary approval pursuant to the previous paragraphs above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
v. 
The Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented directly or indirectly from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before: (a) what would otherwise be the expiration date of the preliminary approval; or (b) the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to the previous paragraphs above.
5. 
Simultaneous Preliminary and Final Site Plan Approval.
a. 
Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time period permitted for either of the two approvals.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Submission Requirements.
a. 
Final site plan drawings shall include any changes or modifications required by the Board while granting preliminary approval, and the additional information required hereunder pursuant to this section and Section 41:15-8-2.
b. 
Six sets of copies of the site plan duly revised shall be required for the final submission.
c. 
Digitial Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with other required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).
d. 
The final submission shall be made at least 20 days prior to the regularly scheduled meeting of the Board.
2. 
Board Action.
a. 
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval.
b. 
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Central Planning Board as to the failure of the Board to act shall be issued on request of the applicant.
3. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Board shall condition its approval on timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
4. 
Effect of Final Approval.
a. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted. If the developer has followed the standards prescribed for final approval the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval, for any section of the development which is granted final approval.
b. 
Whenever the Board grants any extension of final approval pursuant to the preceding paragraph, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
c. 
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before: (a) what would otherwise be the expiration date of final required approval; or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to the preceding paragraphs.
5. 
Conditions of Approval.
a. 
Conditions Binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.
b. 
Failure to Maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements and landscaping are to be installed by, and/or dedicated and maintained by the City, County or another party under the terms of approval granted by the Board. Such required improvements shall include, but not limited to, parking improvements, buffer zones, drainage facilities, exterior lighting, and landscaping. Failure of any responsible party to install and/or maintain the required improvements or landscaping shall constitute a violation of this Chapter and shall be subject to the enforcement procedures set forth herein.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Applications for amended site plan review shall be governed by the same requirements as all other applications for site plan review.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Submission requirements for conditional use applications shall be the same as for a major site plan, except as set forth below.
a. 
The Board shall grant or deny an application for conditional use approval within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. If relief is requested pursuant to N.J.S.A. 40:55D-70d, the Board shall grant or deny within 120 days of submission of a complete application or within such further time as consented by the applicant.
b. 
The Board shall approve or deny a conditional use application simultaneously with any accompanying site plan application. The longest time for action by the Board, whether it be for conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the application shall include reference to the request for conditional use approval.
c. 
In approving a conditional use, a time limit of one year from the date of the approval shall be set within which the owner shall secure a construction permit; otherwise the approval shall be null and void. The Board may, for good cause shown, extend the period for securing a construction permit for an additional period not exceeding six months.
d. 
The conditions for approval shall be those specifically set forth above as well as the applicable area and yard requirements listed in each zoning district, the parking and buffer requirements set forth above and all other applicable design requirements provided in this Chapter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Survey Map:
a. 
A survey of the site shall be performed by a New Jersey licensed surveyor pursuant to N.J.S.A. 45:8.
b. 
A title block pursuant to N.J.A.C. 13:40-5 in bottom right corner listing street addresses, block and lot numbers, and land area.
c. 
Bearings to the nearest 10 seconds and distances to the nearest hundredth for all property lines. It shall indicate true north or magnetic north.
d. 
The location of any existing monuments used for the survey. The areas of the site in square feet and acres to the nearest hundredth.
e. 
Existing site elevations and contour lines at two-foot intervals. If an assumed datum is used, its locations, should be clearly indicated.
f. 
The natural site characteristics such as streams, drainage ways, lakes, existing vegetation, marsh vegetation, etc.
g. 
Location, size and nature of existing buildings, structures, and impervious areas.
h. 
Locations and dimensions of existing rights of way/easements deed restrictions on survey or plan.
i. 
A legend indicating all symbols used on survey sheet.
j. 
Lot area in square feet.
k. 
Utility locations.
2. 
Site Plan Cover Sheet:
a. 
A detailed textual project description on the cover sheet of the plans to include, but not limited to:
i. 
Number of proposed uses and types of uses.
ii. 
Number of dwelling units, broken down by number of bedrooms.
iii. 
Hours of operation.
iv. 
Number of employees: total and by shift.
v. 
Anticipated traffic volume.
vi. 
Hazardous material information (chemicals to be used/stores at site, and long-term effects on site from chemical usage/storage at site).
vii. 
Anticipated noise impacts.
viii. 
Number of parking spaces.
b. 
Statement of whether or not the site is located in a flood hazard area and if so how mitigated.
c. 
A listing of all variances, conditional use approvals and all other municipal, County, State, Federal and other (e.g., PVSC) permits required, applied for and/or received, as well as the date and requirements of such (if none required, state same), in chart form showing the requirement, project provisions and whether variances or waivers are needed.
d. 
A locational key map at a scale of one inch equals 1,000 feet with a north directional arrow, a graphic scale, the names of all streets and rights-of-way within a 3,000-foot radius of the site.
e. 
The street address and block and lot numbers of the site as shown on the current City tax map and the zoning designation of the property in the title block at the bottom right corner of the cover page.
f. 
Block Diagram of 200 feet radius labeled with zoning, buildings, footprints, land uses and fire hydrants shown.
3. 
Site Plan:
a. 
A title bock pursuant to N.J.A.C. 13:40-5.
b. 
North Arrow.
c. 
Cross section of proposed site characteristics, retaining walls, and slopes on plans.
d. 
Proposed building locations, building dimensions, construction types, and building setbacks on plans.
e. 
Fencing, type and height, gates if proposed.
f. 
Retaining walls, type and height, if proposed.
g. 
Adjacent streets shown on plans with direction arrows to show traffic flow.
h. 
Details of all paving, walls, curbs, handicapped features, etc. on plans.
i. 
Facilities for the storage and collection of refuse and recyclable materials for the site including details of walls or fences used for screening purposes as well as measures to assure protection from infestation of rats and vermin, etc. Provisions for collection of refuse shall also be provided.
4. 
Demolition Plan:
a. 
Proposed demolition activities (indicated in dashed lines) on a separate page on plans.
5. 
Landscaping Plan:
a. 
The locations, species name, common name, mature height, planting height or caliper, and quantities of all proposed and existing plantings, maintenance statement and planting details. Existing live trees over three inches caliper shall be preserved.
6. 
Lighting Plan:
a. 
The location, type and height of all existing and proposed exterior on-site, pole and building mounted and adjacent right-of-way lighting, with isolux contours of illumination showing effects in buildings, sidewalks, parking areas, signs and any spillover effects, etc.
b. 
The construction details of all proposed fixtures shall be illustrated.
c. 
Lighting design shall conform to the current Illuminating Engineering Society Lighting Handbook.
7. 
Soil Erosion/Sediment Control Plan.
8. 
Parking Plan:
a. 
Location and dimensions of any vacated or intended to be vacated streets and nature of all easements and rights-of-way.
b. 
Names and width of all adjacent streets showing directions of vehicular traffic flow and all utilities within existing streets.
c. 
A layout of all on-site traffic and/or off-site parking arrangements, including circulation patterns for pedestrians and vehicular traffic and measurements for all driveways, travel ways and parking spaces.
d. 
Measurements for curb widths and driveway spacing.
e. 
Walkway depictions on plans with information about pavement types and curbing.
f. 
Vehicular circulation depictions for trucks.
g. 
On-site loading/drop-off/pick-up areas identified and with measurements.
h. 
Company vehicle/trucks, number owned by company if any.
i. 
Provision for handicapped persons such as parking facilities accompanied with easy accessibility through sidewalks and ramps, housing units, etc., as required by the Barrier-Free Design Regulations (N.J.A.C. 5:23).
9. 
Storm Water/Utility Plan:
a. 
Storm drainage calculations (sanitary flow and run-off calculations) with details on retention facilities, elevations and flow direction.
b. 
Grading plan.
c. 
Percolation test result for storm water drainage seepage pits or drywells.
d. 
Utility connections plan with diameters for all service and public lines (or for the reuse of existing buildings, a statement of plans signifying if existing utility connections are to be used otherwise a utility plan is required for new construction).
e. 
The location, type, size, inverts, and slope of all sanitary utilities such as grease traps, oil separators, clean outs, manholes, monitoring points, or any other appurtenances required.
f. 
Utility pole locations.
g. 
Mechanical and HVAC location and type.
h. 
Water meter setting diagrams.
10. 
Building Elevations:
a. 
Finished floor elevations and the datum upon which these are based.
b. 
Indicating heights, colors, exterior materials and finishing details, including but not limited to walls, windows, and fenestrations.
c. 
Signage plan detailing type, illumination method, location, material, colors, measurements, installation method.
11. 
Floor Plans:
a. 
Individual room measurements showing width and depth of each room in feet, building measurements showing width and depth of building, unit measurements, units labeled.
b. 
Room labels including number of bedrooms.
c. 
For residential projects, a table with number of units, bedroom count and square footage range.
12. 
Detail sheets:
a. 
Drywell profiles, street tree plantings, curb cuts profiles, fence details, traffic details, sign details, retaining wall details, sidewalk and curb details, handicap ramp details, pavement restoration details.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Variance applications that are not part of a subdivision or site plan application shall submit the following:
a. 
The applicant shall submit a completed City of Newark Central Planning Board/Zoning Board of Adjustment application with the payment of the required fee, as provided in Section 41:15-12-2.
b. 
Six sets of site plan drawings, which would otherwise be submitted as part of a preliminary site plan application, shall include a cover sheet, a boundary and topography survey map and a site detail plan, the details of which shall comply with Section 41:15-8-2.
c. 
The site plan drawings shall be prepared in the size of 24 inches by 36 inches or 30 inches by 42 inches. For sites which cannot be accommodated within the 30 inches by 42 inches, format, the plan may be drawn at a smaller scale; however, the selection of such scale shall require prior consultation and approval by the Zoning Board of Adjustment. Two copies of 11 inch by 17 inch plans shall be required.
d. 
The cover sheet and site plan detail sheet information may be combined on one sheet in those cases where the required information can be effectively and clearly shown.
e. 
All drawings shall be numbered in sequential fashion and properly identified.
f. 
Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with the rest of the required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).
g. 
The preliminary submission shall be made 30 days prior to the regularly scheduled meeting of the Board.
2. 
Variances without site plan Drawing Requirements.
a. 
Survey Map.
i. 
A survey of the site shall be performed by a New Jersey licensed surveyor pursuant to N.J.S.A. 45:8.
ii. 
A title block pursuant to N.J.A.C. 13:40-5 in bottom right corner listing street addresses, block and lot numbers, and land area.
iii. 
Bearings to the nearest 10 seconds and distances to the nearest 1/100 for all property lines. It shall indicate true north or magnetic north.
iv. 
The location of any existing monuments used for the survey. The areas of the site in square feet and acres to the nearest 1/100.
v. 
Existing site elevations and contour lines at two-foot intervals. If an assumed datum is used, its locations, should be clearly indicated.
vi. 
The natural site characteristics such as streams, drainage ways, lakes, existing vegetation, marsh vegetation, etc.
vii. 
Location, size and nature of existing buildings, structures, and impervious areas.
viii. 
Locations and dimensions of existing rights of way/easements deed restrictions on survey or plan.
ix. 
A legend indicating all symbols used on survey sheet.
x. 
Lot area in square feet.
xi. 
Utility locations.
b. 
Plot Plan.
i. 
A detailed textual project description on the cover sheet of the plans to include, but not limited to:
A. 
Number of proposed uses and types of uses.
B. 
Number of dwelling units, broken down by number of bedrooms.
C. 
Number of parking spaces.
ii. 
Statement of whether or not the site is located in a flood hazard area and if so how mitigated.
iii. 
A listing of all variances, conditional use approvals and all other municipal, County, State, Federal and other (e.g., PVSC) permits required, applied for and/or received, as well as the date and requirements of such (if none required, state same), in chart form showing the requirement, project provisions and whether variances or waivers are needed.
iv. 
A locational key map at a scale of one inch equals 1,000 feet with a north directional arrow, a graphic scale, the names of all streets and rights-of-way within a 3,000-foot radius of the site.
v. 
The street address and block and lot numbers of the site as shown on the current City tax map and the zoning designation of the property in the title block at the bottom right corner of the cover page.
vi. 
Block Diagram of 200-foot radius labeled with zoning, buildings, footprints, land uses and fire hydrants shown.
vii. 
A title bock pursuant to N.J.A.C. 13:40-5.
viii. 
North Arrow.
ix. 
Cross section of proposed site characteristics, retaining walls, and slopes on plans.
x. 
Proposed building locations, building dimensions, construction types, and building setbacks on plans.
xi. 
Fencing, type and height, gates if proposed.
xii. 
Retaining walls, type and height, if proposed.
xiii. 
Adjacent streets shown on plans with direction arrows to show traffic flow.
xiv. 
Details of all paving, walls, curbs, handicapped features, etc. on plans.
xv. 
Facilities for the storage and collection of refuse and recyclable materials for the site including details of walls or fences used for screening purposes as well as measures to assure protection from infestation of rats and vermin, etc. Provisions for collection of refuse shall also be provided.
c. 
Building Elevations.
i. 
Finished floor elevations and the datum upon which these are based.
ii. 
Indicating heights, colors, exterior materials and finishing details, including but not limited to walls, windows, and fenestrations.
iii. 
Mechanical and HVAC location and type.
d. 
Floor Plans.
i. 
Individual room measurements showing width and depth of each room in feet, building measurements showing width and depth of building, unit measurements, units labeled.
ii. 
Room labels including number of bedrooms.
iii. 
For residential projects, a table with number of units, bedroom count and square footage range.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The developer may participate in a pre-submission conference with the Newark Division of City Planning and the Engineering Department, either in person or by agent. The purpose of this conference shall be to evaluate the proposal for the type of review required and to ensure that the developer receives all proper information regarding the submission. No statement or representation by either the developer, the Newark Division of City Planning or the Engineering Department at this conference shall be binding or final. The Secretary may request that representatives of various City reviewing agencies or departments attend any pre-application meeting.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Secretary to the reviewing board shall forward either a physical or digital copy of the application for site plan approval and a copy of site plan drawings to the following City agencies and department heads for their review and written comments.
1. 
One copy to the Central Planning Board staff.
2. 
Two copies to the Department of Engineering.
3. 
One copy to the Department of Water and Sewer Utilities.
4. 
One copy to the Office of Emergency Services.
5. 
One copy to the City Arborist.
6. 
One copy to the Environmental Commission for covered applicants as defined in 41:20-3.
The Central Planning Board shall retain one copy for its records.
The applicant is expected to comply with any requirements and recommendations raised by any of the above City agencies.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
The planned unit development and public areas shall require that prior to approval of such development, the Central Planning Board shall find the following facts and conclusions:
a. 
That departure by the proposed development from zoning regulations, otherwise applicable to the subject property, conforms to Title XLI, Zoning and Land Use Regulations, of the Revised General Ordinances of the City of Newark;
b. 
That the proposals for maintenance and conservation of the common open space are supported, and the amount, location and purpose of the common open space are adequate;
c. 
That provisions through the physical design of the proposed development for public services control other vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
d. 
That the proposed planned unit development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
2. 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Public Dedication. Common open space which may be dedicated to the City shall be free and clear of all mortgages and encumbrances, and shall only be dedicated at the discretion of the City.
2. 
Private Dedication. Dedicated areas may be deeded free and clear of any encumbrances, to a permanent property owner's association, cooperative or condominium corporation for its use, control and management for common open space, recreational or other similar use, and providing appropriate restrictions to assure the effectuation of the purpose of this section and to provide for the maintenance and control of the area. The organization shall meet the following standards, to be written into the articles of incorporation and/or bylaws:
a. 
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents, if said open space is not dedicated to the City. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the City.
b. 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Director of Engineering or the Secretary of the Central Planning Board may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the Central Planning Board may modify the terms of the original notice as to deficiencies and may give reasonable extension of time, not to exceed 65 days within which the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 35 days or any permitted extension thereof, the Board, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any right to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Central Planning Board or the Director of Engineering shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Central Planning Board at which hearing such organization and the owners of the development shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain the open space in reasonable condition, the City shall cease to maintain the open space at the end of the year. If the Director shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the City may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Central Planning Board shall constitute a final administrative decision, subject to judicial review.
c. 
The cost of such maintenance by the City shall be assessed by the Director of Engineering prorated against the properties within the development that have a right of enjoyment of the common open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on these properties and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Master Plan or the Official Map provides for the reservation of designated streets, public drainage ways, flood control basins, or public areas within the proposed development. Before approving a site plan, the Central Planning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Central Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the City shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
As a condition of final site plan approval, the Central Planning Board may require and shall accept in accordance with the standards adopted by this Chapter for the purpose of assuring the installation and maintenance of on-tract improvements: a. The furnishing of a performance guarantee in favor of the City of Newark in an amount not to exceed 120% of the cost of installation for improvements, which cost shall be determined by the Director of the Department of Engineering according to the method set forth in N.J.S.A. 40:55D-53.4, which may be deemed necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors, monuments as shown on the final plat and required by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq.; water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, and public improvements of open space. The Director of the Department of Engineering shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost list shall be appended to each performance guarantee posted by the obligor.
2. 
Provisions for a maintenance guarantee to be posted with the Municipal Council, City of Newark for a period not to exceed two years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the City of Newark for such utilities or improvements.
3. 
All improvements required by the Central Planning Board shall be subject to inspection and approval by the Director of the Department of Engineering who shall be notified by the developer at least 24 hours prior to the start of construction of the same. No underground installation shall be covered until inspected and approved.
4. 
The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by the Municipal Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Director of the Department of Engineering according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
5. 
If the required improvements are not completed or corrected in accordance with the performance guarantee the obligor and surety, if any, shall be liable thereon to the City of Newark for the reasonable cost of the improvements not completed or corrected and the City of Newark may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law" N.J.S.A. 40A:11-1 et seq.
6. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Municipal Council in writing, by certified mail addressed in care of the City Clerk, that the Director of the Department of Engineering prepare, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering and appended to the performance guarantee pursuant to Section 41:15-8-13, Subsection 1 above, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Director of the Department of Engineering. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Director of the Department of Engineering shall inspect all improvements covered by obligor's request and file a detailed list and report, in writing, with the Municipal Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
a. 
The list prepared by the Director of the Department of Engineering, shall state, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Director of the Department of Engineering shall identify each improvement determined to be completed and satisfactory together with a recommendation as to the amount of the reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering and appended to the performance guarantee pursuant to Subsection 1 above.
7. 
The Municipal Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Director of the Department of Engineering, or reject any of all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering and appended to the performance guarantee in accordance with Section 41:15-8-13, Subsection 1 above. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Director of the Department of Engineering. Upon adoption of the resolution by the Municipal Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
a. 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.
b. 
If the Director of the Department of Engineering fails to send or provide the list and report as requested by the obligor pursuant to Section 41:15-8-13, Subsection 6, above, within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Director of the Department of Engineering to provide the list and report within a stated period of time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
i. 
If the Municipal Council fails to approve or reject the improvements determined by the Director of the Department of Engineering to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from recipe of the request, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, the approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
8. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure for notification, as set forth in this section, shall be followed.
9. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Municipal Council or the Director of the Department of Engineering.
10. 
The obligor shall reimburse the City of Newark for all reasonable inspection fees paid to the Director of the Department of Engineering for the foregoing inspection of improvements; provided that the City of Newark may require of the developer a deposit for the inspection fees in the amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
a. 
For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Director of the Department of Engineering for inspection, the developer shall deposit the remaining 50% of the inspection fees.
b. 
For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the inspection fees. When the balance on the deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Director of the Department of Engineering for inspection, the developer shall make additional deposits of 25% of the inspection fees.
i. 
The Director of the Department of Engineering shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
11. 
In the event that final approval is by stages or sections of development pursuant to Subsection a. of N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
12. 
To the extent that any of the improvements have been dedicated to the City of Newark on the site plan, the Municipal Council shall be deemed, upon the release of any performance guarantee required pursuant to Section 41:15-8-13, Subsection 1, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plan approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Director of the Department of Engineering.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Notice Upon Commencement; Site Plan Copy at Construction Site.
a. 
The Director of Engineering and the Secretary of the Central Planning Board shall be notified in writing 72 hours before the commencement of construction of any development which has received final site plan approval. This notification shall be sent by the applicant.
b. 
Two copies of the approved final site plan shall remain at the construction site during the entire construction period until a certificate of occupancy has been issued and all requirements of the plan have been complied with.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
No person shall interfere with or prevent a Construction Code Official or Subcode Official or the authorized person of the Central Planning Board from inspecting any site while engaged in the performance of his or her duties under this Title. Permission is granted to the Construction Code Official or his or her authorized designee to enter upon the site and property during regular work hours.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Pursuant to N.J.S.A. 40:55D-18, the Construction Code Official or Subcode Official shall inspect each site for which a performance bond or certified check has been posted and the Construction Code Official shall certify to the developer whether installations and control measures are in compliance with the standards in general design principles prescribed in Chapter 41:16. In addition, an applicant is responsible for compliance with any specific requirements that have been stated as conditions of site plan approval. The Construction Code Official shall keep the Central Planning Board informed as to whether the construction is in compliance with the requirements of the site plan. If the Official shall, during the course of an inspection, find that a developer is not complying with the approved site plan, the Construction Code Official shall send a written report of his findings to the Central Planning Board or the Zoning Board of Adjustments.
2. 
The Central Planning Board shall forward such notice to the applicant indicating in the notice the specific reasons for the noncompliance notice. Within seven days of the notice, another inspection shall be made by the appropriate officials. If noncompliance is again found, the Director of Engineering or the Construction Code Official shall issue a stop-construction order for all activities on the site. The order shall be sent to the developer by certified mail. Such an order shall be issued whenever a project is not being conducted in accordance with (1) the approved final site plan modifications; (2) conditions stipulated at the time of final site plan approval; or (3) provisions provided by this Chapter. The notice sent to the applicant regarding a stop-work notification shall inform the developer that he/she has a right to contest the stop-work order by making a request to the Central Planning Board for a review of the site plan. The participants of such a review shall be the Director of the Department of Engineering and the Division of City Planning. If after the review it is found that the applicant deviated from the final site plan approval specifications the Construction Code Official shall provide to the applicant the specifics of the noncompliance, necessary corrective measures, and a timetable for compliance of the same in writing.
3. 
Prior to the commencement of construction after a stop-work order, the applicant is required to submit signed and sealed amended plans (three copies) — one copy to be submitted to the Director of Engineering, one copy to be submitted to the Central Planning Board and one copy to the Division of City Planning. After a review of these plans by the Engineering Department and the Division of City Planning if the plans are acceptable, then a notice informing the developer to continue construction will be issued forthwith.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Any person who violates any provision of Chapter 41:15 shall upon conviction thereof, be punished by a fine not exceeding $1,000.
2. 
For any and every violation of any other provision of this Chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the owner, general agent, contractor, architect, builder, or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every violation, be punished by a fine not exceeding $1,000.
3. 
A separate offense shall be deemed continued on each day during or on which a violation occurs or continues.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Filing Upon Completion. Upon completion of all work, a professional architect or professional engineer licensed in the State of New Jersey shall file with the Secretary of the Central Planning Board and the Director of Engineering, certification on a form obtained from the Department of Engineering, that all measures of the site plan have been completed in conformance with the approved plan and provisions of this Chapter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
The Zoning Board of Adjustment shall render its decision not later than 120 days after the date: (a) an appeal is taken from the decision of an administrative officer; or (b) the submission of a complete application for a variance to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
2. 
Whenever an application for development requests relief pursuant to subdivision or site plan approval associated with a use variance, the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the one hundred and twenty-day provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this Chapter. Failure of the Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Zoning Board of Adjustment as to the failure of the Board to act shall be issued on request of the applicant.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment shall render its decision not later than 120 days after the date of submission of a complete application for direction for issuance of a permit. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment shall respond to inquiries submitted in writing as to whether a proposed land use is permissible under the Zoning Ordinance or Official Map within 45 days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Whenever the Central Planning Board is called upon to exercise its ancillary powers as set forth in Section 41:11-5-3, the Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. In the event the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Meetings of both the Central Planning Board and Zoning Board of Adjustment shall be held as scheduled unless canceled for lack of applications for development to process.
2. 
Special meetings may be provided for at the call of the Chairperson and shall be held on notice to its members and the public in accordance with all applicable legal requirements.
3. 
No action shall be taken at any meeting without a quorum being present.
4. 
All actions shall be taken by majority vote of the members present at the meeting except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the numbers of votes required to approve an application for development shall be deemed an action denying the application. A member of the Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on a matter upon which the hearing was conducted, notwithstanding the absence from one or more of the meetings; provided, however, that a transcript or recording of all of the hearings from which he or she was absent exists, and provided, further, that such Board member certifies in writing to the Board that he or she has read such transcript or listened to such recording.
5. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Minutes of every regular or special meeting of the Central Planning Board or the Zoning Board of Adjustment shall be kept and shall include the names of the persons appearing and addressing the Boards and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes of each Board shall thereafter be made available for public inspection during normal business hours at the office of the Secretary of the Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Rules. The Central Planning Board and the Zoning Board of Adjustment shall make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this Chapter.
2. 
Agendas. The meeting agendas for both the Zoning Board of Adjustment and the Central Planning Board shall be posted online by the Newark Planning Office.
3. 
Maps. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Board Secretary. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify the previously filed maps and documents.
4. 
Oaths. The officer presiding at the hearing or such other person as may be designated shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (C.2A:67A-1 et seq.) shall apply.
5. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
6. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
7. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his or her expense.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Public notice of a hearing on an application for development or relief per N.J.S.A. 40:55D-1 et seq. shall be given for final major site plans, minor site plans, final major subdivisions, and variances. Notice pursuant to this section shall be given by the applicant at least 10 days prior to the date of the hearing. The Secretary of the Board or the applicant shall give notice thereof at the applicant's expense as follows:
1. 
Public notice shall be given by publication in the official newspaper of the municipality.
2. 
Public notice shall be given by a sign(s) posted on the proposed development site. The sign shall be the responsibility of the applicant and posted subject to the following conditions:
a. 
The sign(s) shall be posted no less than 10 calendar days prior to the date of the public hearing and shall not be removed by the applicant until the hearing is closed;
b. 
The sign(s) shall be firmly secured to the ground or structure to prevent vandalism and shall be along the most visible portion of street frontage. The sign(s) shall be erected in a manner so as to be visible to traffic moving in both directions. Signs must be posted within five to 15 feet of the property line. If there is more than one street frontage of the parcel, one sign for each street frontage shall be posted;
c. 
Sign Design and Content. The sign(s) shall comply with the following sign design requirements:
i. 
The composition of the sign(s) shall be of a durable material with a dimension of at least three feet by three feet painted white with black lettering having a minimum height of three inches for the title;
ii. 
The words "Notice of Public Hearing" shall be a minimum of three inches in size. Sign content should match the example to the right.
iii. 
The sign(s) shall advertise the date, time, and location of the public hearing, as well as name, address, and a contact phone number for Applicant and Owner, with at minimum two inch high lettering;
The Notice of Public Hearing illustration may be found in Appendix 41:A7.
d. 
The applicant is responsible for submitting a signed affidavit along with two photos of the posted sign(s) to the appropriate approval Board Secretary. One photo shall show the contents of the sign; the second photo shall show the sign posted in front of the property. An applicant who fails to display the sign or prove that the sign was displayed shall result in a delay in application processing.
e. 
Applicant shall complete the following affidavit and mail or deliver it to: Newark Planning Office, 920 Broad Street, Room 112, Newark, New Jersey, no later than five days after the sign posting. The signed affidavit shall contain the following elements:
Application No.:
Filed on:
I,__________ (applicant) __________ hereby certify that on __________ (date of sign installation) __________ I installed a notice of public hearing sign at the property known as for which the major development application number __________ is being considered by the __________ (approval entity) __________ on __________ (date of hearing) __________
I also hereby agree to meet the specifications and general requirements of the sign content as stated in Section 41:15-11-4(2)(c) of the Newark Zoning and Land Use Regulations.
Attached to this affidavit as Exhibit "C" is the photo(s) of the sign(s) as it was installed on the property and agree to the responsibility of maintaining the integrity and accuracy of the sign.
I also hereby agree to maintain the sign in place for a period of 10 days before each public hearing and for its subsequent removal thereafter.
Date:
Applicant's/Representative's
Signature:
Phone number:
3. 
Notice shall be given to the owners of all real property as shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located; 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) a horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by: (a) serving a copy thereof on the owner as shown on the current tax duplicate and most recent records of the Tax Surveyor in the Office of Assessment, or on his or her agent in charge of the property; or (b) mailing a copy thereof by certified mail to the property owner at his or her address as shown on the current tax duplicate and Tax Surveyor's records. 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, 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.
4. 
Notice shall be given by personal service or certified mail to the Municipal Clerk of any adjoining municipality when the property involved is located within 200 feet of said adjoining municipality.
5. 
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.
6. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
7. 
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. Such notice shall include a copy of any maps or documents required to be on file with the Central Planning Board or Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-10b.
8. 
All notices herein above specified in this section shall be given at least 10 days prior to the date fixed for hearing and the person giving notice shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
9. 
Any notice made by certified mail as herein above required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
10. 
All notices required to be given pursuant to the terms of this Chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and 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 Assessor's Office and the location and times at which any maps and documents for which approval is sought are available as required by law.
11. 
Notice of hearing on applications for approval of a major subdivision or a site plan not defined as a minor site plan in this Chapter requiring public notice pursuant to this Chapter shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which as registered with the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1, by: (a) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or (b) by mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
12. 
The applicant shall file an affidavit of proof of service and affidavit of publication with the Board holding the hearing, at least two days prior to the first scheduled hearing. In addition, the applicant shall submit the original white slips bearing the postmark from the post office from where notices were mailed.
13. 
It is the policy of both the Zoning Board of Adjustments and the Central Planning Board that no notices shall be reserved if any application is adjourned at the applicant's request. Thus, the adjacent property owners and every other body requiring a notice shall be notified of the adjourned hearing.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Pursuant to the provisions of N.J.S.A. 40:55D-12c., the municipal Tax Assessor shall within seven days after receipt of a written request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom notice must be given pursuant to Subsection 41:15-11-4. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner, to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Every public utility, cable television company and local utility which holds a right-of-way easement in the City and which is interested in receiving notice pursuant to this Chapter, may register with the City Clerk to receive such notice. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.
2. 
A registration fee of $10 is required pursuant to N.J.S.A. 40:55D-12.1 for any public utility, cable television company or local utility, which registers to receive notice pursuant to this section.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:
a. 
A resolution adopted at a meeting held within the time period in N.J.S.A. 40:55D-1 et seq. for action by the Board on the application for development; or
b. 
A memorializing resolution adopted pursuant to N.J.S.A. 40:55D-10g. at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
2. 
A copy of the decision shall be filed in the office of the Secretary of the Central Planning Board or the Zoning Board of Adjustment, as the case may be, where it shall be made available for public inspection during reasonable hours.
3. 
A brief notice of the decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant. The notice shall be sent to the newspaper for publication within 10 days of the date of any such decision.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Central Planning Board or the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
In the event that an applicant submits an application proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by a State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application in accordance with this Chapter, and if such application complies with all City regulations, the Board shall approve such application conditioned on removal of such legal barrier to development.
2. 
In the event that development proposed by an application requires an approval by a governmental agency other than the Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this Chapter or within an extension of such period as has been agreed to by the applicant, unless the Board is prevented or relieved from so acting by the operation of law.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made in writing or verbally at a public meeting of the Board.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any variance from the terms of this Chapter hereafter granted by either Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of the decision of the Board granting the variance or unless specifically approved for a longer period of time as permitted by statute, except, however, that the running of the period of limitation herein provided shall be tolled from the date of fling of appeal from the decision of the Board to a court of competent jurisdiction, until the termination in any manner of such appeal or processing.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Disclosure by Corporate or Partnership Applicant. A corporation or partnership applying to the Central Planning Board or the Zoning Board of Adjustment shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
2. 
Disclosure by Corporation or Partnership Owning 10% or More of Applicant. If a corporation or partnership owns 10% or more of the stock of a corporation or interest of 10% or greater in a partnership, either of which is subject to disclosure pursuant to the above paragraph, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or interest of 10% or greater in the partnership, as the case may be; and this requirement shall be followed by every corporate stockholder or partner in said partnership until the names and addresses of the non-corporate stockholders and individual partners exceeding 10% ownership criterion set forth in this section have been listed.
3. 
The Board shall not approve the application of any corporation or partnership which does not comply with this section.
4. 
Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock or of the individual partners owning an interest of 10% or greater in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the City of Newark in any court of record in the State in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
The applicant shall obtain all necessary forms from the Newark Division of Planning Office, which shall inform the applicant of the procedures to be followed in fling an application for development and advise the applicant which Board has jurisdiction over the application. The applicant shall provide such information as the Zoning Officer deems necessary in order to render a determination as to the type of application required. At the time of fling the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all sketch plats, plot plans, maps or other papers required by virtue of any provision of this section or any rule of the Central Planning Board or the Zoning Board of Adjustment.
2. 
An application for development shall be complete for purposes of commencing the applicable time period for action by the Central Planning Board or the Zoning Board of Adjustment when so certified by the Board or its authorized committee or designee. In the event that the agency, committee or designee 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 a checklist adopted by ordinance and provided to the applicant; and (b) the Board or its authorized committee or designee has notified the applicant in writing, of the deficiencies in the application within 45 days of submission of the application.
3. 
The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance 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 Board.
4. 
All applicants for permits pertaining to designated historic sites or improvements in designated historic districts shall be referred to the Newark Landmarks and Historic Preservation Commission ("Commission") for a written report and decision on the application of the provisions in Chapter 41:10, Historic Sites and Districts.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
Non-refundable application fees.
a. 
There shall be a non-refundable fee for applications to the Newark Central Planning Board, Zoning Board of Adjustment, as provided by law and established herein. The fees provided for shall be non-refundable and are for purposes of offsetting the administrative and clerical costs of running these Boards.
b. 
Applicable Fees. Every application for review or hearing before the Zoning Board of Adjustment, or the Central Planning Board shall be initially accompanied by a check for $150. Balance due will be determined upon Division of City Planning Staff's review in accordance with the amount(s) as provided in Fee Table I and based upon the initial submission package. If future submissions result in additional fees, such will be calculated at that time. This balance will be due within 30 days of issuance of the first review checklist. If not received within 30 days, review will cease until payment is submitted.
c. 
Copies of resolutions rendered by either the Zoning Board of Adjustment or the Central Planning Board shall be available to any person requesting them at their sole cost and expense. Any applicant shall receive a copy of the decision rendered at no additional cost. Minutes of either the Board of Adjustment or the Central Planning Board shall also be available on request to any person or applicant at their sole cost and expense. Amounts charged shall be as provided for in the City's ordinance regulating photocopy and documents fees.
d. 
Performance guarantees may be required by the Zoning Board of Adjustment or the Central Planning Board pursuant to N.J.S.A. 40:55D-53 separate from application fees.
2. 
Schedule of Fees.
a. 
Application fees (Table 15-1).
b. 
Certified list of names and addresses of owners of property located within 200 feet of property which is the subject of a hearing: $10.
c. 
Certificate certifying approval of a subdivision application: $10.
3. 
An applicant shall pay any and all costs of the publication of notice of a hearing on an application before the Zoning Board of Adjustment or the Central Planning Board and of a verbatim recording of the proceedings. Any interested party who requests a transcript or duplicate recording of proceedings before the Board shall pay the cost thereof except that the Zoning Board of Adjustment and the Central Planning Board shall provide to any property owner or tenant within 200 feet in all directions of the property which is the subject of such proceedings any transcript necessary for appeal to the Municipal Council pursuant to N.J.S.A. 40:55D-17 for the cost of transcription.
Table 15-1: Application Fees.
Type of Application
Use Category
Application Fee
Zoning Determination
Residential
$250
Mixed Use
$300
Commercial
$300
Industrial
$350
Others not specified
$300
Affordable Housing 21% and over
None
Public & Municipal Use
None
Legal Use Letters
All Categories
$25
Certificate of Non Conformity
All Categories
$300
Extension of CPB or BOA Approval
All Categories
$500
Special Meeting by CPB or BOA
All Categories
$5,000
Site Plan
Preliminary Major Site Plan
Residential 3-5 dwelling units
$750
Residential 6-10 dwelling units
$850
Residential 11-20 dwelling units
$1,150
Residential 21-50 dwelling units
$1,250
Residential 51-100 dwelling units
$1,750
Residential over 100 dwelling units
$3,000
Residential over 300 dwelling units
$4,000
*Affordable Housing Units will be excluded from dwelling counts for purpose of determining application fee
Commercial less than 5,000 square feet
$850
Commercial 5,000 to 20,000 square feet
$2,000
Commercial 20,001 to 100,000 square feet
$3,250
Commercial over 100,000 square feet
$5,500
Additional: Application subject to EJCIO Basic Form
$500
Additional: Application subject to EJCIO Full Form
$1,000
Industrial less than 5,000 square feet
$1,000
Industrial 5,000 to 20,000 square feet
$2,250
Industrial 20,001 to 100,000 square feet
$3,500
Industrial over 100,000 square feet
$6,500
Additional: Application subject to EJCIO Basic Form
$1,500
Additional: Application subject to EJCIO Full Form
$3,000
Final Major Site Plan
Residential 3-5 dwelling units
$375
Residential 6-10 dwelling units
$500
Residential 11-20 dwelling units
$525
Residential 21-50 dwelling units
$550
Residential 51-100 dwelling units
$1,000
Residential 101-300 dwelling units
$1,500
Residential over 300 dwelling units
$2,000
*Affordable Housing Units will be excluded from dwelling counts for purpose of determining application fee
Commercial less than 5,000 square feet
$500
Commercial 5,000 to 20,000 square feet
$1,000
Commercial 20,001 to 100,00 square feet
$1,625
Commercial over 100,000 square feet
$3,000
Additional: Application subject to EJCIO Basic Form
$250
Additional: Application subject to EJCIO Full Form
$500
Industrial less than 5,000 square feet
$625
Industrial 5,000 to 20,000 square feet
$1,250
Industrial 20,001 to 100,000 square feet
$1,875
Industrial over 100,000 square feet
$3,500
Additional: Application subject to EJCIO Basic Form
$750
Additional: Application subject to EJCIO Full Form
$1,500
Subdivision
Minor Subdivision: 2 acres or less
$1,100
Minor Subdivision: Over 2 acres
$2,000
Preliminary Major Subdivision
$2,500
Final Major Subdivision
$1,300
Conditional Use
All categories except cell antenna
$750
Cell Antenna
$3,000
Wireless Communication Colocation
$750
Variances
Use Categories
"C" Variance
"D" Variance
Residential
0-5 dwelling units
$300
$2,000
6-10 dwelling units
$500
$2,150
11-20 dwelling units
$500
$2,500
21-50 dwelling units
$750
$2,750
51-100 dwelling units
$1,000
$3,000
Over 100 dwelling units
$1,250
$3,250
Over 300 dwelling units
$1,500
$3,500
Commercial
Less than 5,000 square feet
$500
$2,250
5,001 to 20,000 square feet
$750
$2,500
20,001 to 100,000 square feet
$1,000
$2,750
Over 100,000 square feet
$1,250
$3,000
Additional: Application subject to EJCIO Basic Form
$350 per each "C" variance, $500 per each "D" variance [New]
Additional: Application subject to EJCIO Full Form
$500 per each "C" variance, $500 per each "D" variance
Industrial
Less than 5,000 square feet
$750
$2,500
50,001 to 20,000 square feet
$1,000
$2,750
20,001 to 100,000 square feet
$1,250
$3,000
Over 100,000 square feet
$1,500
$3,500
Additional: Application subject to EJCIO Basic Form
$500 per each "C" variance, $750 per each "D" variance [New]
Additional: Application subject to EJCIO Full Form
$750 per each "C" variance, $1,000 per each "D" variance
Landmark & Historic Commission Fee Schedule
Application Type
Application Fee (Non Refundable)
Certificate of No Effect
Non-Residential
$50
Residential
$40
Sign/Awning Application
$100
Facade and/or Store Front Application
$150
Sidewalk Repair or Replacement Application
$50
Demolition Application (when not filed concurrently with other work)
$500
Certificate of Appropriateness (COA)
Residential
New construction on vacant land
$500
All others:
- 1 to 4 dwelling units
$100
- 5 dwelling units and over
$25 per dwelling unit up to a maximum of $1,000
Non-Residential
- With principal building
$100 per 1,000 square feet of GFA or part thereof
- Without principal building
$100 per 1,000 square feet of lot area or part thereof
Extension of COA approval
$200
Special Meeting requested by applicant
$500
*
Note: Fees for mixed-use projects will be determined based upon the sum of the fees associated with the components of the project. Where variances are required, the use category for the project shall be determined to be the use with the greater proportion of floor area in the case of buildings or lot area where buildings are not proposed.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
As used herein, the following definitions apply to this section:
a. 
BOARD - Refers to the Central Planning Board, Board of Adjustment and/or Landmarks and Historic Preservation Commission.
b. 
APPLICATION - Refers to the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-1 et seq.
c. 
PROFESSIONAL PERSONNEL OR PROFESSIONAL SERVICES, AS USED HEREIN - Shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, inspector, appraiser or other expert who would provide professional services to ensure an application complies with the standards set forth in this chapter and any other expert who provides testimony on a subject matter testified to by any of the applicant's experts.
d. 
All the terms defined within Title XLI, Chapter 41:2, "Definitions," and Title XLI, Chapter 41:15 "Site Plan Procedures," are incorporated herein.
2. 
In addition to the application fees set forth in Section 41:15-12-2, escrow deposit fees are hereby established, as provided by N.J.S.A. 40:55D-53.2, to cover or offset the overhead for professional review services and/or outside consultants to the Boards including, but not limited to, planning, legal, engineering, landscaping, traffic, environmental and other professional expenses incurred by the City in connection with the review of submitted materials for land development applications.
3. 
The City, through its Boards, shall require fees for professional review services and for testimony provided to the respective Board in reviewing an application. Fees for these services shall be in addition to any other required fees to be paid by a developer. Each developer, upon submission of an application to the Boards, shall provide a Federal Tax Identification Number or Federal Social Security Number.
4. 
The review services of staff professionals shall be charged at 200% of the sum of the products by multiplying the hourly base salary, as established by ordinance for each professional, times the number of hours spent by the respective professional on review of the application for development or inspection of the developer's improvements, as permitted by N.J.S.A. 40:55D-53.2. Outside consultant professional review services shall be charged to the escrow account at the consultant's standard hourly rate.
5. 
The applicant review and inspection charges shall be limited only to:
a. 
Professional charges for review of applications:
i. 
An applicant shall be responsible for reimbursing the City, without limitation, for the following professional expenses:
A. 
All expenses of professional personnel incurred and paid by the City necessary to process an application for development before the Boards, including, without limitation:
(1) 
Charges for reviews by professional personnel of applications and accompanying documents;
(2) 
Issuance of reports by professional personnel to the Board setting forth recommendations resulting from the review of any documents submitted by the applicant;
(3) 
Charges for any telephone conference or meeting with the applicant, his attorney or experts;
(4) 
Review of documents submitted by the applicant and issuance of reports relating thereto;
(5) 
Review and/or preparation of documents, including but not limited to, easements, developers' agreements, deeds, resolutions of approval or the like; and
(6) 
Preparation for and attendance at hearings on the application.
b. 
Review and preparation of documents;
c. 
Inspections of developments under construction; and
d. 
Review by outside consultants, when the application is outside the scope of the expertise of the professionals normally used by the municipality.
i. 
The costs of expert advice and/or testimony obtained by the Boards in connection with its consideration of the application.
6. 
Upon submission of appropriate vouchers or statements, the Director of Finance of the municipality, or his/her designee, shall make all of the payments of expenses/fees to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq., and shall keep a record of same for the purpose of monitoring and maintaining escrow deposits.
7. 
Escrows.
a. 
Subject to the provisions of subsection 8 below, "Conditions and requirements," each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with the provisions hereof:
i. 
Residential Development (Planning Board application for site plan approval, Zoning Board of Adjustment application for "c" or "d" variance/site plan approval).
Residential Development
(Planning Board application for site plan approval, Zoning Board of Adjustment application for "c" or "d" variance/site plan approval)
Number of Units
Escrow Amount to be Posted
0 to 3
$2,000
4 to 10
$3,000
11 to 25
$4,500
26 to 50
$5,500
51 to 100
$8,000
100 or more
$10,000
ii. 
Commercial development applications involving structures (including mixed use buildings) for site plan approval and/or "c" or "d" variance approval.
Commercial Development Applications Involving Structures
(including mixed use buildings) for site plan approval and/or "c" or "d" variance approval.
Gross Floor Area (GFA)
Escrow Amount to be Posted
0 to 5,000
$2,000
5,001 to 10,000
$4,500
10,001 to 15,000
$7,000
15,001 to 20,000
$9,000
20,001 to 25,000
$10,000
25,001 to 30,000
$12,500
30,001 to 100,000
$15,000
Over 100,001
$20,000
iii. 
Industrial and others development applications involving structures for site plan approval and/or "c" or "d" variance approval.
Industrial and others development applications
involving structures for site plan approval and/or "c" or "d" variance approval.
Gross Floor Area (GFA)
Escrow Amount to be Posted
0 to 5,000
$2,500
5,001 to 10,000
$5,000
10,001 to 15,000
$8,000
15,001 to 20,000
$9,500
20,001 to 25,000
$13,000
25,001 to 30,000
$15,000
30,001 to 100,000
$17,000
Over 100,001
$25,000
iv. 
Subdivisions (Fees in addition to applicable site plan fee in subsections 7.a.i or 7.a.ii.
A. 
Minor Subdivision: $2,000.
B. 
Major Subdivision: $3,000.
b. 
Escrow fees shall be deposited and disbursed pursuant to the provisions of N.J.S.A. 40:55D-53.1. Escrow accounts shall be replenished by the applicant as required by N.J.S.A. 40:55D-53.2(c). Charges to the escrow account shall be made in accordance with N.J.S.A. 40:55D-53.2(c).
c. 
If the approving agency is requested to have a special meeting by the applicant and decides to do so, the applicant shall have professional fees deducted from the escrow account per this section. Professionals attending meetings may bill at the rate of four hours minimum which may be distributed over one applicant or multiple applicants who so requested the special meeting. If the planning consultant is requested by the applicant to review the application prior to formal submission of the application, the fee shall be $150 for each consultation, which shall be deposited in the escrow account.
d. 
The sums hereinabove set forth are estimates and, during its review of an application for development, the approving Boards may determine that such sums are sufficient, excessive or insufficient, based upon the following criteria: The presence or absence of public water and/or sewer servicing the site.
i. 
Environmental considerations, including without limitation, geological, hydrological and ecological factors.
ii. 
Traffic impact of the proposed development.
iii. 
Impact of the proposed development on existing aquifer and/or water quality.
iv. 
Impact on improvements which might require off-tract or off-site contributions.
e. 
In the event that the approving Board shall determine said amount is excessive, it shall, upon the prior written request of the applicant and by resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted, and the excess of the escrowed amount over the amount so determined shall be refunded to the applicant, together with such interest as allowed by subsection 10.a below. In the event that the approving Board shall determine the amount specified above is insufficient, it shall, by resolution, so specify and shall further set forth the additional amount required to be posted in light of the criteria specified herein. Said additional amount shall be paid by the applicant prior to advancing to the next step in the approval procedure.
8. 
Conditions and requirements.
a. 
No subdivision plat or deed or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:
i. 
All bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application.
ii. 
Payment of such bills has been approved by the Planning Department of the Department of Economic and Housing Development.
iii. 
The applicant has reimbursed the municipality the excess of such bills over the escrowed amount otherwise herein provided for.
b. 
If the amount of the deposit exceeds the actual cost as approved for payment by the Governing Body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by subsection 10.a below. The Chief Financial Officer shall determine the position of all escrow accounts and, where additional funds are required, it shall be the obligation of the Chief Financial Officer to notify the applicant, pursuant to N.J.S.A. 40:55D-53.2(c). Within a reasonable time, the applicant must post a deposit to the escrow account in an amount agreed upon by the City or Board and the applicant, pursuant to N.J.S.A. 40:55D-53.2(c). At the time of filing the application for development, the applicant shall execute an escrow agreement containing the terms set forth herein.
9. 
No professional personnel submitting charges to the municipality for any of the services referred to in subsection 1 above shall charge for any of the services contemplated by said section at any higher rate or in any different manner than would normally be charged to the municipality for similar work. Payment of any bill rendered by a professional to the municipality in respect to any service for which the municipality is entitled to reimbursement under this section shall in no way be contingent upon receipt of reimbursement by the developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
10. 
Deposits received from any developer pursuant to this Chapter shall be deposited in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.
a. 
When a deposit is in an amount of money in excess of $5,000 the municipality shall not be required to refund an amount of interest paid on this deposit when the interest does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to the developer by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
11. 
Close-out procedures shall commence for an application review once the Board and/or the approving authority has granted final approval and signed the subdivision plat or site plan; or for improvement inspection once improvements have been approved pursuant to N.J.S.A. 40:55D-53. The applicant must give written notice by Certified Mail to the Chief Financial Officer, the approving authority, and the City Clerk that the application or improvements have been completed. After receipt of notice the professional and/or outside consultant must give the final bill to the Chief Financial Officer within 30 days and send a copy of the bill to the applicant. The Chief Financial Officer then shall give a written financial accounting identifying the use of the deposits to the applicant within 45 days of receipt of the final bill. The municipality shall pay the remaining balance in the deposit or escrow account including interest paid to the applicant with the final accounting.
12. 
For any dispute by the applicant of the charges made by a professional for services rendered in reviewing applications for development pursuant to this section, the applicant shall notify, in writing, the Municipal Council of the City of Newark, with copies to the Chief Financial Officer, the Board hearing the application, and the professional, in accordance with N.J.S.A. 40:55D-53.2(a). The Municipal Council of the City of Newark shall attempt to resolve the dispute, pursuant to the procedures set forth in N.J.S.A. 40:55D-53.2(a). Upon a decision by the Municipal Council of the City of Newark, the applicant is afforded an appeal to the county construction board of appeals, pursuant to N.J.S.A. 40:55D-53.2(a).
13. 
All procedures and requirements of N.J.S.A. 40:55D-53.2 are incorporated herein; to the extent such procedures are not otherwise included within this section.
14. 
Release of Performance Guarantees. The City Clerk may administratively release, without need of further legislation in order to comply with N.J.S.A. 40:55D-53, a Performance Guarantee posted pursuant to the Zoning and Planning Ordinance and any Zoning or Planning resolution of approval, upon receipt of the following:
a. 
A written request from the Department of Economic and Housing Development, Office of Planning and Zoning (on behalf of the Planning Board or the Zoning Board of Adjustment, as the case may be), that the applicant has met the necessary requirements for the full release of the Performance Guarantee; and.
b. 
A Certification from the City Engineer that the bonded improvements are complete and satisfactory.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. 
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map.
2. 
Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal.
3. 
The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
4. 
The procedure for the hearing of an appeal shall be the same as a development application.
5. 
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from, and to that end shall have all the powers of the Zoning Official from whom the appeal is taken.
6. 
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Zoning Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
7. 
The Zoning Board of Adjustment shall render a decision not later than 120 days after the date: (a) an appeal is taken from the decision of an administrative officer; or (b) the submission of a complete application for development to the Zoning Board of Adjustment. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
8. 
A developer may file an application for development with the Zoning Board of Adjustment for action under any of its powers without prior application to an administrative officer. Such appeal shall be made and decided in accordance with the provisions of N.J.S.A. 40:55D-72 et seq.