[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-Q,
10-21-2020 as amended by Ord. No. 6PSF-d, 04-06-2022. Amendments noted
where applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
As used in this Chapter:
Means a person, group of persons, or corporation with legal
ownership of real property within the City of Newark. For the purpose
of this section, owner may also mean "shipping container operator."
Means any owner, manager, company, or other entity that stores
shipping containers, ISO containers, ISO shipping containers, or TEU's
on property within the City of Newark.
Shall be defined as any ISO Container(s), TEU, or any other
storage unit utilized for the shipment of goods.
Means any standardized shipping container constructed in
accordance with the standard sizes promulgated by the International
Standards Organization (ISO) for use in international intermodal transportation
of goods by ship, rail, or truck, which shall include but shall not
be limited to containers that are 20 feet in length and eight feet
in width, 40 feet in length and eight feet in width, and 53 feet in
length and eight feet in width.
Means the period of time during which the Shipping Container
has been stored on the property.
Means placed or left on a property and otherwise not placed
in transit for a period of more than 30 days.
Means a measure of capacity of ISO shipping containers used
to approximate the comparable size of the various types of ISO containers.
For the purposes of this legislation, the TEU measure for any ISO
container shall be the result of dividing the base area measured in
feet of any ISO container, determined by multiplying its external
length by its external width, by the number 160.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Prohibition of shipping containers within residential zones (R-1
through R-6), commercial zones (C-1, C-2, and C-3), mixed use zones
(MX-1, MX-2, and MX-3), institutional zones, and all redevelopment
areas subject to a redevelopment plan, unless expressly permitted
in the plan, including Newark's River Public Access and Redevelopment
Plan, which includes industrial districts.
2.
No property within the prohibited zones and redevelopment areas shall
contain any stored shipping containers on such property. Any owner
violating this Chapter shall be assessed fines per container, as specified
below:
|
Storage Period
|
Maximum Fine Per Day of Storage
|
|---|---|
|
From day 1 through day 30
|
$100
|
|
From day 31 through day 60
|
$125
|
|
From day 61 through day 90
|
$150
|
|
In excess of 90 days
|
$200
|
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any operator or owner of a company storing shipping containers within any zoning district in the City of Newark must apply for a "Shipping Container Storage License" from the Zoning Office of the City of Newark to continue operations. The license must be renewed yearly. Any shipping container operator that satisfies the conditions for an exemption under § 41:22-6 paragraph 5 will not be required to obtain a "Shipping Container Storage License."
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Fees for the shipping container license are specified as follows:
|
Number of Containers
|
License Fee (per year)
|
|---|---|
|
1 - 500
|
$1,000
|
|
501 - 1,000
|
$2,000
|
|
Greater than 1,000
|
$2,000 for the first 1,000 containers plus $500 for each additional
container over 1,000 containers.
|
2.
Daily fee for storage of shipping containers that are stored for
more than 30 days shall be as follows:
|
Storage Fees - Shipping Containers
| |
|---|---|
|
From day 1 through day 30
|
No daily fee.
|
|
From day 31 through day 60
|
$0.20 per container per day
|
|
From day 61 through day 90
|
$0.30 per container per day
|
|
In excess of 90 days
|
$1 per container per day
|
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
On the last business day of each month, shipping container operators
shall provide the following information to the City of Newark's
Office of Planning and Zoning:
a.
Report indicating total number of containers at the site.
b.
The report must indicate how many containers have been at the site
for periods of 30 days, 60 days, 90 days, and greater than 90 days.
c.
Shipping container operator must indicate in its report any fees or penalties owed to the City, based upon the fee schedule in Section 41:22-4, and remit payment with report.
d.
Shipping container operator must certify to the reported figures
under penalty of perjury, license revocation, and personal liability
of the owner.
2.
Reporting shall be administered by the Office of Special Taxes and
Licensing, which shall create a publicly accessible form and a report
submission protocol.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Applications for storage of shipping containers that are compliant
with the zoning regulations shall be reviewed and permitted by site
plan approval by the Central Planning Board of the City of Newark.
The Central Planning Board shall review issues regarding whether the
stored shipping containers occupy a substantial area of the parcel,
grading, drainage, environmental conditions, and other aspects of
site plan. Prior to the Central Planning Board review, a preliminary
review shall be performed by the Board Planner and Department of Engineering.
2.
Maximum stack height within permitted zones shall be four shipping
containers.
3.
Sufficient spacing must be created between containers to permit proper
inspection and rodent control.
4.
Surveillance cameras must be installed on site to prevent trespassers
and criminal activity.
5.
Shipping Container Operators whose: (a) principal business is shipping;
(b) business is located on property leased by the Port Authority from
the City of Newark and is contiguous to shipping waterways; (c) has
received proof from Port Newark Container Terminal of acceptable safety
protocols; (d) allows the City of Newark to conduct periodic inspections
of its facility and/or property; and (e) submits a safety report to
the City of Newark, Department of Engineering, are exempt from obtaining
a Shipping Container Storage License and shall be permitted to stack
a maximum height of eight shipping containers within the permitted
zones.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Any shipping container operator found to store shipping containers
within the City of Newark without a shipping container license shall
be subject to daily fines as specified below:
|
Storage period
|
Maximum fine per day of storage
|
|---|---|
|
From day 1 through day 30
|
$100 plus $0.10 for each container
|
|
From day 31 through day 60
|
$125 plus $0.13 for each container
|
|
From day 61 through day 90
|
$150 plus $0.15 for each container
|
|
In excess of 90 days
|
$200 plus $0.20 for each container
|
