[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
|
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Type of Application
|
Use Category
|
Application Fee
|
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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.