[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. Amendments noted where applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Chapter shall be known and cited as the "Subdivision Procedures"
of the City of Newark.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The purpose of this Chapter shall be to provide rules, regulations
and standards to guide land subdivision in the City in order to promote
the public health, safety, convenience and general welfare of the
City. It shall be administered to insure the orderly growth and development,
the conservation, protection and proper use of land and adequate provision
for pedestrian, bicycle, and vehicular circulation, utilities, and
services.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The procedures for processing subdivisions shall comply with
the requirements of the Newark 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]
Subdivision approval shall be required from the Central Planning
Board for lots where the official lot line has to be altered for the
purpose of dedication, sale of land/lot or creation of a new lot.
Approval of the subdivision shall be obtained prior to such action
as stated above.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Approval of the subdivision is prerequisite before any official lot line is altered, the subdivision approval must be obtained from the Central Planning Board or the Zoning Board of Adjustment. The Zoning Board of Adjustment has mandatory jurisdiction of subdivision review in those limited situations as stated in Section 41:13-4-3.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Zoning Board of Adjustment shall have the power to review
subdivisions and to grant, to the same extent and subject to the same
restrictions as the Central Planning Board, subdivision approval whenever
the Zoning Board of Adjustment is simultaneously reviewing an application
for approval of a "d" or use variance which permits a structure or
use in a district restricted against such structures or use as defined
by N.J.S.A. 40:55D-70(d).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A Minor Subdivision is the creation or reconfiguration of two
or fewer lots and does not include the creation of a street, road,
or public right-of-way. All other subdivisions shall be classified
as Major Subdivisions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Central Planning Board when acting upon application for
preliminary or minor subdivision approval shall have the power to
grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this Title,
if the literal enforcement of one or more provisions of the Title
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Application for a minor subdivision shall include the following
requirements as part of a complete submission. Failure to provide
any of the required information and payment of a fee shall constitute
an incomplete submission and the application shall not be acted upon
by the Board.
1.
City of Newark Central Planning Board/Zoning Board of Adjustment
application.
2.
Six sets of "Before Subdivision" and "After Subdivision" plats. Within
this plat, include the area in square feet and acres both before and
after. Both the before and after plats shall include lot numbers.
3.
Six sets of the block diagram showing all properties within a radius
of 200 feet from all corners of the property in question.
4.
Six sets of the metes and bounds description of all existing and
proposed lots. This should include one before description and one
after description for all lots for which the lot line(s) is being
altered. Metes and bounds shall be included on all plans.
5.
Two copies of any protective covenants or deed restrictions applying
to the land being subdivided.
6.
The following must be submitted at least two days prior to the hearing:
a.
Certified Mail Receipts:
i.
Mounted on 8.5-inch by eleven-inch bound paper.
ii.
Six to a page.
iii.
Arranged in the same order as indicated on the certified list
of property owners (a property 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.
c.
Affidavit of Publication.
7.
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).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Minor subdivision approvals shall be granted or denied within
45 days of the date of submission of a complete application to the
Central Planning Board 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 minor subdivision approval and a certificate
of the Secretary of the Board as to failure of the Central Planning
Board to act shall be issued on request of the applicant.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Approval of a minor subdivision shall be deemed final approval
provided that the Board may condition such approval on the provision
of improvements as may be required. The zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor subdivision or site plan approval was granted, shall not be
changed for a period of two years after the date on which the resolution
of approval is adopted provided that the approved minor subdivision
shall have been duly recorded.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Approval of a minor subdivision shall expire 190 days from the
date on which the resolution of approval is adopted unless within
such period a plat in conformity with such approval and the provisions
of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly
describing the approved minor subdivision, is filed by the developer
with the County Recording Officer, the City Engineer and the City
Tax Assessor. Any such plat or deed must be signed by the Chairperson
and the Secretary of the Central Planning Board before it will be
accepted for filing by the County Recording Officer.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The Central Planning Board may extend the 190 day period for filing
a minor subdivision plat or deed pursuant to this Chapter if the developer
proves to the reasonable satisfaction of the Board:
a.
That the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities; and
b.
That the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the approvals, as determined
by the Board. The developer may apply for the extension either before
or after what would otherwise be the extension date.
c.
The Board shall grant an extension of minor subdivision 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 agencies and that the developer applied promptly
for and diligently pursued the required approvals. The developer shall
apply for an extension before: (a) what would be the expiration date
of minor subdivision approval; or (b) the 91st day after the developer
receives the first legally required approval from other governmental
entities, whichever occurs later.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Application for a Major Subdivision shall include the following
requirements as part of a complete submission. Failure to provide
any of the required information and payment of fee shall constitute
an incomplete submission and the application shall not be acted upon
by the Board.
1.
City of Newark Central Planning Board/Zoning Board of Adjustment
application.
2.
Six sets of "Before Subdivision" and "After Subdivision" plats. Within
this plat, include the area in square feet and acres both before and
after. Both the before and after plats shall include lot numbers.
3.
Six sets of the block diagram showing all properties within a radius
of 200 feet from all corners of the property in question.
4.
Six sets of the metes and bounds description of all existing and
proposed lots. This should include one before description and one
after description for all lots for which the lot line(s) is being
altered. Metes and bounds shall be included on all plans.
5.
Two copies of any protective covenants or deed restrictions applying
to the land being subdivided.
6.
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).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Except for applications governed by the time limits, the Board
shall approve, conditionally approve or deny a preliminary major subdivision
application of 10 or fewer lots within 45 days after the submission
of a complete application, unless the applicant shall extend the period
of time in which the Board may act.
The Board shall approve, conditionally approve or deny a preliminary
major subdivision application of more than 10 lots within 95 days
after the submission of a complete application, unless the applicant
shall extend the period of time in which the Board may act.
Failure of the Board to act within the time prescribed shall
constitute preliminary major subdivision approval and a certificate
of the Secretary of the Central Planning Board or the Zoning Board
of Adjustments as to the failure of the Board to act shall be issued
on request of the applicant.
If the Board required any substantial amendment in the layout
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 Municipal Land Use Law, grant preliminary approval.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
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.
2.
If the Central Planning Board or the Zoning Board of Adjustments
required any substantial amendment in the layout 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Preliminary approval of a major subdivision, 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.
1.
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 off-tract improvements; and in the
case of a site plan, any requirements particular to the site plan
approval pursuant to N.J.S.A. 40:55D-41, 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.
2.
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.
3.
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.
4.
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.
5.
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.
[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.
Four copies of the "Before Subdivision" and "After Subdivision" plats
containing all of the information and required changes requested during
preliminary review of the sketch plat.
2.
Applications for approval of a final plat shall be submitted to the
Central Planning Board by the developer within three years following
the date of preliminary approval. The final subdivision plat submission
requirements shall be the same as required for the preliminary subdivision
plat requirements under this Chapter.
3.
The final plat shall conform to the preliminary plat as given tentative
approval, except that it may consist of one section of the whole.
4.
The final plat shall be accompanied by a written statement by the
Director of the Department of Engineering that he or she has received
a map showing all improvements, both proposed and existing, in exact
location and elevation, identifying those portions already installed
and those to be installed and that the subdivider has complied with
either or both of the following requirements:
5.
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).
6.
If the Central Planning Board or the Zoning Board of Adjustments
approves the final plat, a statement to that effect shall be made
on the plat and it shall be signed by the Chairperson and the Secretary
to the Board.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
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, and the standards prescribed in the Map
Filing Law, P.L. 1960, c. 141.
2.
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. 40:27-6.1 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
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; provided that in the case of a major subdivision the rights
conferred by this section shall expire if the plat has not been duly
recorded within the time period provided below. If the developer has
followed the standards prescribed for final approval and, in the case
of subdivision, has duly recorded the plat with the County Recording
Officer in accordance with below, 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.
2.
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.
3.
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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
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.
2.
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]
1.
The prospective purchaser, prospective mortgages, or any other person
interested in any land which forms part of a subdivision, or which
formed part of a subdivision three years preceding the effective date
of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Secretary
to the Central Planning Board for the issuance of a certificate attesting
whether or not such subdivision has been approved. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name of the owner thereof.
2.
The Secretary to the Central Planning Board shall make and issue
such certificate within 15 days after receipt of such written application
and the fee of $3. The Secretary to the Central Planning Board shall
keep a duplicate copy of each certificate consecutively numbered,
including a statement of the fee charged, in a binder as a permanent
record in his/her office.
3.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
a.
Whether there exists in the municipality a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of N.J.S.A. 41:55D-37.
b.
Whether the subdivision, as it relates to the land shown in
the application, has been approved by the Central Planning Board and,
if so, the data of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part is a validly
existing subdivision.
c.
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in this act.
4.
The fees collected by the Secretary to the Central Planning Board
shall be paid by the applicant to the City of Newark.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Any person who shall acquire for a valuable consideration an interest
in the land covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the municipality pursuant to the provisions of N.J.S.A.
40:55D-55.
2.
Fifteen days after receipt of an application and the proper fee,
any person acquiring an interest in the land described in such application
shall hold any interest free of any right, remedy or action which
could be prosecuted or maintained by the municipality pursuant to
N.J.S.A. 40:55D-55.
3.
Any such application addressed to the Secretary to the Central Planning
Board shall be deemed to be addressed to the proper designated officer
and the municipality shall be bound thereby to the same extent as
though the same was addressed to the designated official.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the applicant with the County. The Board may
for good cause shown extend the period for recording for an additional
period not to exceed 190 days from the date of signing of the plat.
The Board may extend the 95 or 190 period if the applicant proves
to the reasonable satisfaction of the Board: (a) that the applicant
was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
entities; and (b) that the applicant applied promptly for and diligently
pursued required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals
as determined by the Board. The developer may apply for an extension
either before or after the original expiration date.
2.
No subdivision plat shall be accepted for filing by the County until
it has been approved by the Board as indicated on the instrument by
the signature of the chairperson and secretary of the Board. The signatures
of the Board Chairperson and Secretary shall not be affixed until
the developer has satisfied all applicable conditions of final approval.
If the County records any plat without such approval, such recording
shall be deemed null and void, and upon request of the City, the plan
shall be expunged from the official records.
[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 subdivision plat shall be clearly and legibly drawn and certified
by a Land Surveyor licensed to practice in the State of New Jersey.
2.
Subdivision plat shall be prepared pursuant to the "Map Filing Law"
(N.J.S.A. 46:23-99 et seq.) and the title block shall conform to N.J.A.C.
13:40-1 and N.J.A.C. 13:40.
4.
The maps shall be sealed and signed by the Land Surveyor.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The plat shall be clearly and legibly drawn and certified by a land
surveyor licensed to practice in the State of New Jersey.
2.
The plat shall be drawn on sheets of 15 inches by 21 inches or larger,
as measured from the cutting edge and shall show elements of this
Chapter on a "Before Subdivision" and "After Subdivision" plan on
a single sheet and so designated. If one sheet is not of sufficient
size to contain the entire territory, the plat may be divided into
sections to be shown on separate sheets of equal size with reference
on each sheet to the adjoining sheets.
3.
Graphic and written scale shall not be smaller than one inch - 100
feet, North arrow and geographic reference meridian, and drawing and
the date of the survey.
4.
Street address, block and lot numbers, tax assessment volume and
sheet number, and the name(s) and address(es) of the record owner(s)
and owner's agent, if any.
5.
Key Map showing the subdivision tract boundary lines and the surrounding
area within 200 feet of the extreme boundaries of the subdivision.
6.
The right-of-way lines of streets, street names and width easements
and other right-of-way lines along with their purpose, all lot lines,
other site lines and areas dedicated for public use with accurate
dimensions, bearings and radii, lengths and central angles for all
curves sufficient to enable the definite location of all lines and
boundaries shown thereon.
7.
Proposed use of the area and all existing structures standing upon
or below the surface within the area to be subdivided and within 100
feet of the area with the detailed use of each of the structures and
whether the structures are to remain or be removed.
8.
All existing lots and blocks within 200 feet of the subdivision.
9.
Acreage and square footage of all lots, as well as the total acreage
and square footage of all lots with lines to be altered. Calculations
shall be made to the nearest tenth of an acre and nearest square foot.
Show all trees and limits of clearing.
10.
There shall be submitted on the application the names, addresses
and telephone numbers of all owners to title of the land subdivided
by said plat, with their signature indicating their consent to the
approval of said subdivision.
11.
Existing monument locations.
12.
Contours at two feet intervals for slopes averaging 10% or less
and at five foot intervals for greater slopes. All contour lines shall
be referenced to the United States Geological Survey Datum.
13.
Typical cross-section which clearly indicates the type and width
or pavement and locations of curb, sidewalks and planting strips (proposed
cross-section). Existing and proposed profiles shall be shown.
14.
Plans and profiles of proposed utility layout (storm sewers,
sanitary sewers, water and gas mains, and electrical facilities) showing
feasible connections to existing or proposed utility systems.
15.
Conform to all other technical design controls required by the
provisions of all other municipal ordinances.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Preliminary Subdivision.
a.
Include all the details outlined above.
b.
All documentation bound and required by this Title.
c.
There shall be endorsed thereon the following certificates:
i.
Licensed Land Surveyor.
|
I hereby certify that this map and survey has been made under
my supervision and complies with the provisions of "The Map Filing
Law." (Include the following if applicable) I do further certify that
the monuments as designated and shown hereon have been set.
|
|
___________________________________
Licensed Land Surveyor and No.
(Affixed Seal)
|
ii.
City Clerk.
|
If monuments are to be set at a later date, the following endorsement
shall be shown on the map.
|
|
I hereby certify that a bond has been given to the municipality,
guaranteeing the future setting of the monuments shown on this map
and so designated.
|
|
_____________________________________
City Clerk
|
iii.
City Engineer.
|
I have carefully examined this map and find it conforms with
the provisions of "The Map Filing Law" and the municipal ordinances
and requirements applicable thereto.
|
|
____________________________________
City Engineer
(Affixed Seal)
|
iv.
Central Planning Board.
|
We hereby certify that this map has been approved by the Central
Planning Board of the City of Newark on _____, 20 _____, and the map
complies with the provisions of "The Map Filing Law" (N.J.S.A. 46:23-9.9
et seq.). This certification shall expire if this map is not filed
in the Office of the Register of Essex County on or before the _____
day of _____, 20 _____.
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|
__________________________________
Secretary, Central Planning Board
|
v.
Owner.
|
I (we), the undersigned, having an interest in the title of
the property covered by this subdivision map, do hereby consent to
the filing of this map in the Office of the Register of Essex County.
|
|
_____________________________________
Name
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2.
Final Subdivision.
The following items shall also be included in addition to the
requirements of the preliminary subdivision for the final subdivision
plat details submission.
a.
Show entire subdivision and the surrounding area within 200
feet of the extreme boundaries of the subdivision.
b.
Contours at two feet intervals for slopes averaging 10% or less
and at five-foot intervals for greater slopes. All contour lines shall
be referenced to the United States Geological Survey Datum.
c.
Existing zone and zoning information requirements along with
plans.
d.
Typical cross-section which clearly indicates the type and width
or pavement and locations of curb, sidewalks and planting strips (proposed
cross-section). Existing and proposed profiles shall be shown.
e.
Plans and profiles of proposed utility layout (storm sewers,
sanitary sewers, water and gas mains, and electrical facilities) showing
feasible connections to existing or proposed utility systems.
f.
Existing monument locations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Amended Subdivision Review Applications for amended subdivision
review shall be governed by the same requirements as all other applications
for subdivision review.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Submission requirements for conditional use applications shall
be the same as for a major site plan, except as set forth below.
1.
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.
2.
The Board shall approve or deny a conditional use application simultaneously
with any accompanying subdivision application. The longest time for
action by the Board, whether it be for conditional use or subdivision
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.
3.
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.
4.
The conditions for approval shall be those specifically set forth
in this Chapter as well as the applicable area and yard requirements
listed in each zoning district, the parking and buffer requirements
set forth in this Title.
[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.
No final plats shall receive final approval unless the developer
shall have installed the required improvements or shall have furnished
the Central Planning Board with a performance guarantee bond of sufficient
amount as established by the Director of Department of Engineering
for the purpose of assuring 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, landscaping, survey 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.
b.
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.
c.
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 improved.
2.
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.
3.
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.
4.
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 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.
5.
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 this section. 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
this section 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.
c.
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 receipt
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.
d.
In the event that the obligor has made a cash deposit with the
municipality or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this Subsection, shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
e.
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.
6.
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.
7.
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.
c.
The Director of the Department of Engineering shall not perform
any inspection if sufficient funds to pay for those inspections are
not on deposit.
8.
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.
9.
To the extent that any of the improvements have been dedicated to
the City of Newark on the subdivision plat, the Municipal Council
shall be deemed, upon the release of any performance guarantee required
pursuant to this section, to accept dedication for public use of streets
or roads and any other improvements made thereon according to subdivision
plats 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]
The Central Planning Board may waive the requirement to install
any of the above specified improvements by resolution, setting forth
the reasons for waiver and noting them in the minutes; provided that
such waiver does not endanger public health, safety and welfare.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If, before final subdivision approval has been granted, any
person who transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required by ordinance, such person
shall be subject to a penalty not to exceed $1,000 or each lot disposition
so made shall be deemed a separate violation.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In addition to the foregoing, the City may institute and maintain
a civil action:
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In any such action described in this Chapter, the transferee,
purchaser or grantee shall be entitled to a lien upon the portion
of the land, from which the subdivision was made that remains in the
possession of the developer or his or her assign or successors, to
secure the return of any deposits made or purchase price paid, and
also a reasonable search fee, survey expense and title closing expense,
if any. Any such action must be brought within two years after the
date of the recording of the instrument of transfer, sale or conveyance
of the land or within six years, if unrecorded.
