[Adopted by the City Council of the City of Newark 11-1-2023 by Ord. No. 6PSF-E,
11-01-2023. Chapter history includes Ord. No. 6PSF-C,
2-4-2015. Amendments noted where applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any provision of this Chapter identified as a design standard
shall be applicable to applications for subdivision and/or site plan
approval. Any provision identified as a zoning standard shall be applicable
to any application for development.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any deviation from a provision of this Chapter which is identified
as a design standard shall require a waiver by the Central Planning
Board and the Zoning Board of Adjustment from the specific design
standard for a site plan application. Any other deviation from a standard
contained in this Chapter shall require a variance from the specific
standard in accordance with the Municipal Land Use Law.
[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. Landscaping shall be provided as part of the overall site plan design
and integrated into building arrangements, topography, parking and
screening requirements.
2. Landscaping shall include trees, bushes, shrubs, ground cover, perennials,
annuals, plants, sculpture, art and/or the use of building and paving
materials in an imaginative manner.
3. Landscaping shall be provided for all residential, commercial, and
industrial sites. Landscaping is required to meet the following objectives,
however, nothing contained therein shall prevent the Central Planning
Board from requiring additions or revisions to the landscape plan
for the development.
a.
Architectural Use. Landscaping shall be used to form walks,
corridors, canopies, or floors of varying heights and densities. Planting
shall be used as barriers to provide private, semi-private, and public
space within planned unit developments, cluster housing, etc.
b.
Engineering Use. Landscaping shall be used to control lighting,
glare, and reflection, noise, soil erosion, provide for drainage control
through the use of swales, and recharge areas, and for climate control
for purposes of shading, wind reduction, snow fencing and insulation
for buildings.
c.
Aesthetic Use. Landscaping shall be used to provide buffers
and screening for parking areas, loading zones, refuse collection
areas, and to enhance building design.
d.
Plans shall clearly indicate all existing trees and their size
in inches of diameter at breast height (dbh), to be removed due to
the construction for which the applicant is seeking permission. The
developer must provide, on-site, replacement trees, the combined cross
sectional area of which measured at diameter at breast height, must
be equal to or greater than the area or combined areas as measured
in cross section of trees removed. All replacement trees, as to species
and type, are to be approved by the Newark Planning Office and shall
be planted at a minimum initial diameter of three inches (dbh). If
the site cannot accommodate the number of trees hereby required as
replacement, the developer may be required to pay to a special fund,
known as the Tree Planting and Preservation Fund, an amount determined
by the Newark Planning Office to be equal to the value of the trees
and the planting cost per the discretion of the Central Planning Board
or the Zoning Board of Adjustment.
e.
If trees required by Zoning Standards in Section
41:16-2-2 are planted in an area with less than 25 square feet of pervious area per tree, structural soil shall be applied under impervious surfaces.
4. Selection of landscaping shall prioritize native species suited for
USDA Plant Hardiness Zone 7a, urban areas, and/or the specific site
soil and drainage conditions.
5. Where trees cannot be planted due to soil conditions or underground
obstructions such as utilities, structured planters may be used to
satisfy planting requirements subject to approval by the Department
of Engineering and/or the City Arborist.
6. To the extent feasible, shade trees shall be planted in continuous
trenches rather than individual pits. Design shall be subject to approval
by the Department of Engineering and/or the City Arborist.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. All of the lot area not covered by buildings, parking areas, driveways,
sidewalks and other impervious surfaces shall be landscaped with vegetative
land cover.
2. On-Site Trees.
a.
For each 25 feet of lot width in a required primary front yard
adjacent to a public street, there shall be at least one tree planted
with a minimum of 2 1/2 to three inches in caliper and eight
feet in overall height at the time of installation. There shall be
a minimum pervious area of 25 square feet per tree.
b.
Where more than one tree is required, such trees may be planted
in appropriate clusters or groups. Trees shall be mulched with at
least two inches of bark mulch or other material commonly used for
the purpose. If the front yard is greater than 10 feet in depth, any
required trees shall be planted in the front yard, otherwise required
trees may be planted within the side and/or rear yards. No trees shall
be required where no yards have a depth less than 10 feet.
3. Shade trees.
a.
Shall be planted along streets spaced at a maximum of 35 feet
center at center and shall be three inches to four inches in caliper
which shall be measured six inches from the ground level after planting.
b.
Generally, shade trees shall be located within the right-of-way
between the sidewalk and curb line. However, alternate locations may
be permitted subject to review by the City Arborist, or in the absence
of such review, by the Department of Engineering.
c.
Where an applicant demonstrates specific hardship related to
factors beyond their control, a contribution in lieu of tree planting
shall be made to the City Shade Tree Fund in the amount of $2,000
per tree.
4. Prohibited tree species. The following tree varieties may not be
planted and are prohibited:
a.
Bradford Pear/Pyruscalleryana 'Bradford'.
b.
Empress Tree/Paulownia tomentosa.
c.
Tree of Heaven/Ailanthus altissima.
d.
White Poplar & Lombardy Poplar/Populus alba & Populusnigra.
j.
Gingko Biloba - female.
In addition, no tree listed on the NJDEP Invasive Plant List
or USDA Invasive Plants Field and Reference Guide may be planted.
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[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. Buffer areas shall be provided along the entire linear footage of
lot lines where a non-residential use or district line abuts a residential
use except that where a new residential use is proposed on a lot adjoining
an existing non-residential use or district line, the proposed residential
use shall provide the buffer.
2. Buffer areas shall be planted with a combination of evergreens, deciduous
trees and shrubs of such species and sizes which will produce within
two growing seasons a living screen at least six feet in height. Buffers
shall be of a density so as to obscure throughout the full course
of the year the glare of automobile headlights or other bright sources
of illumination emanating from the premises.
3. Buffer areas shall not be less than five feet in width. Where such width is not practical in the side or rear yard, decorative fencing subject to the requirements of Section
41:16-5 of this Chapter, shall be provided in lieu of a landscaped buffer. However, chain link fencing shall not be used for buffer purposes.
4. No activity, outdoor storage of materials or parking of vehicles
shall be permitted in the buffer area except for access driveways,
directional signs, and permitted signs.
5. Buffer areas shall be placed so that at maturity they will not protrude
across any street or property line and so that a clear sight triangle
shall be maintained at off-street intersections and at all points
where private accessways intersect a public street.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Within a buffer area, a solid and continuous landscape screen shall
be planted and maintained. Planted materials in the buffer zone shall
be placed within the buffer and shall be sufficiently large and planted
in such a fashion that a screen at least eight feet high, occupying
50% of the width of the buffer shall be produced within three growing
seasons. The buffer may consist of evergreen and deciduous plants,
natural features, berms, fencing, mounds or combinations to achieve
objectives. A variety of plant material providing seasonal color and
interest should be provided. Possible arrangement of plant material
includes plantings in parallel, serpentine or broken rows. If planted
berms are used, the minimum top width shall be four feet and the maximum
side slope shall be 2:1. The intense density of the buffer screen
may be reduced by the board if it is found that the proposed use is
visually attractive and not detrimental to the appearance of the neighboring
uses.
2. All buffer zones and other areas subject to the landscaping requirements
of this section, including all trees, shrubbery, grass and fences
located therein, shall be properly maintained for a period of 12 months.
The applicant or developer shall post with the City a maintenance
bond in an amount equal to 1/2 of the total cost of the installation
of all landscaping required by this section. Said maintenance bond
shall be in addition to any performance bond required. All plantings
which shall fail to survive for a period of 24 consecutive months
shall be replaced by the applicant or developer at their expense.
Such replacement shall be made within 60 days following a written
demand for replacement or within such extended period of time as may
be specified. Such replacement plantings shall conform to the standards
applicable to original plantings as set forth in this section.
[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 following uses and activities visible from any public right-of-way
shall be screened as follows.
1. Refuse Disposal Dumpsters, Trash and Recycling Containers.
a.
Screening shall consist of an opaque fence or wall with a minimum
height of six feet.
b.
Where such walls and/or fences are visible from any public way,
there shall, where possible, be plantings visually consistent with
other required landscaping. Such plantings shall be planted at a minimum
initial planting height of three feet.
c.
Chain link fencing and gates with or without vinyl slats shall
not be permitted for screening purposes.
2. Loading Berths.
a.
Such screening shall consist of an opaque fence or wall with
a minimum height of six feet or a continuous evergreen or dense deciduous
shrub hedge, or a combination of the two.
b.
Chain link fencing and gates with or without vinyl slats shall
not be permitted for screening purposes.
3. Outdoor Manufacturing Activities.
a.
Screening shall consist of a solid fence or wall a minimum of
six feet or of such height necessary to screen such storage from view
from the public street or adjacent properties. In the alternative,
a continuous evergreen or dense deciduous shrub hedge, or a combination
of the two may be used.
b.
Chain link fencing and gates with or without vinyl slats shall
not be permitted for screening purposes.
4. Ground-Mounted Mechanical Equipment.
a.
A wall or planting shall be installed to screen ground-mounted
mechanical equipment from view on all sides.
b.
The material, finish and design shall be architecturally compatible
with the exterior facade of the principal structure on the lot.
c.
All plantings shall be planted at a minimum initial planting
height of three feet.
5. Rooftop-Mounted Mechanical Equipment.
a.
Architectural screening shall be installed so as to screen the
rooftop mounted mechanical equipment from view from all sides from
which it may be visible. However, no additional screening shall be
required where the parapet wall is at least as tall as the rooftop
mechanical structure.
b.
Screening shall consist of architectural elements of a height
equal to the mechanical equipment.
c.
The material, finish and design shall be architecturally compatible
with the exterior facade of the principal structure on the lot.
d.
Rooftop mounted mechanical equipment shall be set back from
the edge of the roof at least one foot for each one foot by which
rooftop mechanical structures project above the roofline. No setback
shall be required if the parapet wall is at least as tall as the rooftop
mechanical structure.
[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. Residential Uses. Fences or walls or a combination of the two, may
be constructed between the building line and the property line as
follows:
a.
Height restrictions.
i.
The maximum allowable fence height shall be three feet in front
yards. Fences shall not be solid.
ii.
The maximum allowable height shall be six feet in side and rear
yards.
iii.
Where a residential use is adjacent to an industrial use, the
side and rear yards may have a fence or wall up to eight feet in height.
b.
Material and Style.
i.
Fences shall be of a consistent, ornamental nature such as wrought
iron, picket wood, or tubular metal fencing. The minimum width of
vertical bars shall be 0.5 inch and the maximum spacing of the bars
shall be four inches.
ii.
Walls shall consist of brick, stucco, decorative concrete, natural
stone, or other similar decorative material shall be used.
iii.
PVC Vinyl or wood stockade fences are permitted only in rear
yard areas.
iv.
No solid fencing is permitted along a public right-of-way line
or in a front yard.
v.
Gates shall not swing into the public right-of-way.
vi.
Chain link fencing shall not be permitted.
2. Commercial Uses. Fences or walls or a combination of the two, may
be constructed between the building line and the property line as
follows:
a.
Height restrictions.
i.
The maximum allowable fence height shall be four feet in front
yards. Fences shall not be solid.
ii. The maximum allowable height shall be six feet in side and rear yards.
b.
Material and Style.
i.
Fences in a front yard shall be of a consistent, ornamental
nature such as wrought iron, picket wood, or tubular metal fencing.
The minimum width of vertical bars shall be 0.5 inch and the maximum
spacing of the bars shall be four inches.
ii.
Chain link fencing shall only be permitted in a side or rear
yard.
iii.
Where walls are utilized, walls consisting of brick, stucco,
decorative concrete, natural stone, or other similar decorative material
shall be used.
3. Industrial Uses. Fences or walls or a combination of the two, may
be constructed between the building line and the property line as
follows:
a.
Height restrictions.
i.
The maximum allowable height shall be six feet in any yard area,
except as noted elsewhere in this section. Fences in the front yard
shall not be solid.
b.
Material and Style.
i.
Chain link fencing shall be permitted in any yard area.
ii.
Where security fencing is required, a bent-top tubular metal
fence or similar design may be utilized. Barbed wire, razor wire,
or other similar fence attachments shall not be permitted.
iii.
Where walls are utilized, walls consisting of brick, stucco,
decorative concrete, natural stone, or other similar decorative material
shall be used.
4. Parks, Recreational Areas and School Uses. Fences or walls may be
constructed along all property lines as follows:
a.
Height restrictions.
i.
The maximum allowable height shall be 10 feet for ballfields
and six feet for all other uses.
ii.
Where walls are utilized, walls consisting of brick, stucco,
decorative concrete, natural stone, or other similar decorative material
shall be used.
5. The use of razor wire, barbed wire or sharp projections on fences
is prohibited.
[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. Adequate lighting shall be provided to ensure the safe movement of
persons and vehicles, and provide security.
2. Lighting design shall conform to standards presented in the current
edition of the Illuminating Engineering Society Lighting Handbook.
3. Lighting shall be designed to minimize glare and reflection on adjacent
properties.
4. The type of lighting provided shall be consistent with the existing
street light in the immediate area of the site.
5. Unnecessary lighting should be avoided, but lighting essential for
security or safety should always be provided.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. General Illumination Standards.
a.
All exterior areas of a site, except for residential and school
structures, shall be illuminated at night in accordance with the standards
herein. This shall include, but not be limited to, pedestrian pathways,
plazas, courtyards, building entrances, parking and driveway areas,
and other outdoor spaces commonly used at night. When such areas are
not in active use, lighting shall be sufficient to allow for appropriate
surveillance for crime prevention purposes, but shall be designed
and installed in such a way as to minimize glare or intrusive light
onto adjoining properties.
b.
All wires and cables used for the provision of lighting from
light poles or other freestanding structures shall be underground.
c.
All exterior lighting fixtures, however mounted, shall be provided
with shields as necessary to confine the illumination to the site
upon which it is located to the standards set forth herein and to
eliminate glare on any adjacent properties and to adjacent streets.
2. Illumination Levels.
a.
Illumination levels at the property line of a project shall
not be more than 0.5 footcandle with the shell pointing downwards
at any point when the project is located next to any residential use
or residentially zoned property. The illumination levels at the property
line of a project adjacent to any other use shall not be more than
one footcandle. Illumination levels shall be permitted to exceed one
footcandle within the right-of-way at a front property line in order
to provide illumination levels as specified in this section at building
entrances, pedestrian walkways, access drives, or other required locations.
b.
Off-street/surface parking areas or lots as well as private
roadway areas shall comply with the following requirements: Illumination
levels outside the radius of any light pole (with radius equaling
the height of the pole) shall range between a minimum of one footcandle
and a maximum of five footcandles.
c.
Access drives for non-residential uses and multifamily housing
shall be illuminated with at least 0.5 footcandle.
d.
Entrances and exits of non-residential structures and multi-family
housing shall have a minimum illumination level of one footcandle
and a maximum level of five footcandles within a five-foot radius
of the entrance or exit.
e.
Single-, two-, three- and four-family residential uses shall
have a maximum illumination level of three foot-candles at the driveway
or walkway, but no more than 0.5 footcandle at any property line elsewhere
on the site.
f.
Pedestrian walkways or bikeways shall have an illumination level
ranging between a minimum of 0.5 footcandle and a maximum of 2.5 footcandles.
g.
Large open areas and the grounds of multifamily housing complexes
shall have a minimum illumination level of 0.3 footcandle and a maximum
level of two footcandles.
h.
Canopied areas, such as those found at drive-through facilities
at banks, service stations, car washes, shall have a maximum illumination
level of 20.0 footcandles with a maximum to minimum illumination level
ratio of 2:1. Illumination levels outside the canopy area shall not
exceed 5.0 foot-candles.
i.
Display areas at outdoor dealerships for new and used products,
including, but not limited to, automobiles, trucks, motorcycles and
boats, shall have a maximum illumination level of fifteen-foot-candles
for any row or tier of display that is adjacent to an external road
or street, and a maximum level of 10 footcandles for all other rows
or tiers of display. Entrances and exits shall not exceed 10 footcandles.
j.
Illumination levels for outdoor recreational facilities, such
as, but not limited to, football fields, soccer fields, baseball fields,
or tennis courts, shall be consistent with best practices from the
Illumination Engineering Society of North America (IESNA) based on
the type of facility, number of potential spectators, and overall
surroundings, but shall comply with the illumination limits at property
lines established above in this section 41:16-6-2.a.
k.
For all other outdoor spaces, the minimum illumination standard
shall be 0.5 footcandle. Such illumination shall be controlled by
motion sensor lighting.
l.
For covered parking areas or enclosed parking garages, a minimum
lighting level of 2.0 footcandles shall be maintained. No lighting
shall produce glare outside the structure.
3. The spacing between poles illuminating large open areas including,
but not limited to, surface parking areas or lots, parks, or the grounds
of multi-family housing complexes shall be no closer than 2 1/2
times the pole height. Light poles must be positioned to enable walkways
to comply with local, Federal, or State disabled persons' access
legislation.
4. Architectural Lighting.
a.
Fixtures used to accent architectural features, materials, colors,
style of buildings or art shall be located, aimed and shielded so
that light is directed only on those features.
b.
Such fixtures shall be aimed or shielded so as to minimize light
spill into the sky. Such fixtures shall not generate excessive light
levels, cause glare, or direct light beyond the facade onto neighboring
property, streets or the night sky. Lighting shall not change colors
or strobe.
5. Height Standards.
a.
Freestanding Lights.
i.
For residential uses, the maximum height of freestanding lights
shall not exceed the height of the principal building or 15 feet,
whichever is less.
ii.
For commercial and mixed-use uses, the maximum height of freestanding
lights shall not exceed the height of the principal building or 20
feet, whichever is less.
iii.
For industrial uses, the maximum height of freestanding lights
shall not exceed the height of the principal building or 30 feet,
whichever is less.
b.
Mounting Heights. The mounting height of any building-mounted
light source shall be the lowest height possible to achieve appropriate
illumination, but in no case shall the mounting height exceed 20 feet
above grade.
[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. All new multi-family projects shall be provided with a means of collection
and storage for garbage, refuse, and waste which will be generated
by the development and must be designed to adequately ensure protection
and freedom from vermin and rodent infestation.
2. There shall be included in any new multi-family housing development
that requires subdivision or site plan approval an indoor or outdoor
recycling area for the collection and storage of residentially-generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located.
3. The dimensions of the recycling area and the bins or containers shall be consistent with the City of Newark, Title XV, Solid Waste Management, Chapter
15:12, Mandatory Recycling Ordinance.
4. The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
5. All refuse and recyclable materials storage areas shall comply with the screening standards in Section
41:16-4.
6. If kept outside, the refuse and recycling area shall be well-lit,
and shall be safely and easily accessible by recycling personnel vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
7. The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
[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. All sanitary utilities shall be separately conveyed from on-tract
storm water facilities, and shall be separately connected to the municipal
sewerage system. A minimum internal pipe size of four inches shall
be used within all public rights-of-way or City easements. The materials
and design shall be as approved by Title VII of the Revised General
Ordinances providing the State Uniform Construction Code as adopted
by the City.
2. All industrial users and/or major industry as defined under Title
XXXII, Sewers and Sewage Disposal of these Revised General Ordinances
shall comply with the regulations therein as well as the requirements
of this Chapter.
3. Sanitary waste loads from residential and commercial uses shall be
calculated by the methods defined in the BOCA National Plumbing Code,
or by utilizing per capita per day water consumption. Per capita per
day consumption shall be assumed in all such calculations.
4. Pipes shall be designed with full flow velocities ranging from a
minimum of 2.5 feet per second and a maximum of 10 feet per second.
[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. Water supply system for providing adequate water for potable water, fire protection, industrial or commercial uses shall conform to the current principles and standards of Title VII of the Revised General Ordinances providing the State Uniform Construction Code as adopted by the City in Section
7:1-1.
[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 Fire Division of the City shall approve all means of fire protection
including but not limited to such things as site accessibility for
fire apparatus, the placement of hydrants, the placement of smoke
and fire detectors and the installation of all fuel and heating systems
such as gas and oil supplies. All on-site heating systems shall be
designed in accordance with the standards of the Uniform Construction
Code and Fire Code as adopted by the City.
[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 property owner shall be required to maintain all landscaping,
site lighting, fences, signs, and other site improvements to keep
the features attractive; in good functioning condition; and free of
weeds or overgrowth. Property shall be kept free of debris, trash,
or rubbish. Regular weeding, pruning, and mowing of plant materials,
and replacement of all dead plant material shall also be required.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
According to the American Bird Conservancy and the Audobon Society,
hundreds of millions of birds die each year in the United States due
to collisions with glass. Advances in material technology and modern
aesthetics have increased the amount of exterior glazing present on
buildings of all sizes, from single-family homes to skyscrapers, which
has increased the risk to local and migratory birds.
The purpose of this section is to balance the architectural
aesthetic and functional considerations associated with building envelope
glazing and fenestration with the desire to protect birds from threats
associated with these design elements. The design standards and references
herein are intended to guide a cost effective approach to creating
bird friendly buildings in the City of Newark.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. The standards in this section shall apply to all new construction
and substantial rehabilitation where the building envelope is being
modified in all zones and redevelopment plans throughout the city.
2. These standards shall be considered design standards, with which
all applications shall comply to the extent practicable.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The following definitions shall apply to this section:
BIRD FRIENDLY MATERIAL
Shall mean a material or assembly that has or has been treated
to have a maximum threat factor of 30 according to the American Bird
Conservancy Bird Collision Deterrence Material Threat Factor Reference
Standard, or with the American Bird Conservancy Bird-friendly Materials
Evaluation Program at Carnegie Museum's Avian Research Center
test protocol.
BIRD HAZARD INSTALLATIONS
Shall mean monolithic glazing installations that provide
a clear line of sight on the exterior of buildings, including, but
not limited to, glass awnings, glass handrails and guards, glass wind
break panels, or glass acoustic barriers.
EXTERIOR WALL ENVELOPE
Shall mean a system or assembly of exterior wall components,
including exterior wall finish materials, that provides protection
of the building structural members, including framing and sheathing
materials, and conditioned interior space, from the detrimental effects
of the exterior environment.
FLY-THROUGH CONDITIONS
Shall mean one or more panels of glass that provide a clear
line of sight through such elements creating the illusion of a void
leading to the other side, including parallel glass elements, at a
distance of 17 feet or less, or a convergence of glass sides creating
a perpendicular, acute, or obtuse corner.
THREAT FACTOR
Shall mean the relative threat level to birds posed by various
materials and design details. The Threat Factor quantified as a number
between one and 100 that indicates the relative effectiveness of materials
or assemblies, typically in reducing bird collisions, but not exclusively,
evaluated per a binary choice flight-tunnel protocol involving live
birds. A Threat Factor of 1 is the least threatening and a Threat
Factor of 100 is the most threatening. Materials with a threat factor
greater than 50 are those with attributes that may contribute to collisions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. The exterior wall envelope and all openings up to 100 feet above
grade shall be constructed with bird friendly materials. Materials
other than bird friendly materials shall not exceed an aggregate of
10 square feet within any 10 feet by 10 feet square area of exterior
wall area below 100 feet above grade. The following exceptions to
this requirement shall apply:
a.
Where ground floor transparency is required for commercial storefronts,
materials with a threat factor not to exceed 30 shall be permitted.
2. Bird hazard installations shall be constructed of bird friendly materials
regardless of their height above grade.
3. Fly-through conditions located 100 feet or less above grade shall
be constructed with bird friendly materials.
4. The exterior wall envelope and any associated openings installed
adjacent to a green roof system on the same building shall be constructed
with bird friendly materials up to 12 feet above the walking surface.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Applicants are encouraged to use one or more of the following
sources for guidance:
1. LEED BD + C: New Construction v. 4.1 (or subsequent) Innovation:
Bird Collision Deterrence.
2. Bird Friendly Building Design, American Bird Conservancy.
3. Bird Friendly Building Design & Construction Requirements Guidance
Document, NYC Buildings, November 2020 Version 1.0 (or subsequent
version).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The green building and sustainability standards in this section
shall be considered design standards and guidelines for development
in the City of Newark. These standards shall be applied to the extent
feasible for any application seeking subdivision or site plan approval.
Advancing the concepts of green building, sustainability, and
resiliency is a planning and zoning best practice. Application of
these principles should be ingrained in local decision making and
all development projects. The following standards are sourced in part
and paraphrased from the LEED v.4 standards for New Construction and
Major Renovation as well as other relevant best practices. These standards
are meant to guide the preparation and review of applications for
development in the City of Newark.
LEED Certification for new projects is encouraged, but not required.
Additional certification programs to consider include but are not
limited to the SITES Initiative, Passive House, Energy Star, BREEAM,
Green Globes, Living Building Challenge, National Green Building Standard,
Green Guard, and WELL Building Standard.
Encouraging green building, sustainability, and resiliency in
development projects advances the purposes of the Municipal Land Use
Law and is beneficial to the public health, safety, and welfare.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Open space should be provided on site that includes vegetated space
with multiple types of vegetation or an overhead canopy. Outdoor space
should contribute to the vibrancy of the site and the well-being of
its occupants by incorporating social and recreational amenities,
gardens, diverse green space, and habitat for local flora and fauna.
[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. Specify a high-reflectance roof (cool roof). High-reflectance low-sloped
roofs should have an initial Solar Reflectance Index (SRI) of at least
82 and an aged SRI of at least 64. Steep sloped roofs with pitches
greater than 2:12 should have an initial SRI of 39 and an aged SRI
of 32.
2. Specify a vegetative roof (green roof) using native or adaptive plant
species.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Indoor water use reduction.
a.
WaterSense fixtures and fittings should be specified for toilets,
urinals, and showerheads.
b.
EnergyStar appliances or equivalent should be specified for
clothes washers, dishwashers, and ice machines.
2. Outdoor water use reduction.
a.
Native, drought-tolerant landscaping should be utilized where
appropriate to minimize irrigation needs.
3. Cooling towers and evaporative condensers should be equipped with
makeup water meters, conductivity controllers and overflow alarms,
and efficient drift eliminators.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Renewable energy should be incorporated into projects to the extent
feasible. Building mounted solar panels, solar canopies over parking
lots, and integration of emerging technologies are encouraged.
2. Efficient building performance - Building design should consider
reductions in interior and exterior lighting power, daylight controls,
occupant sensors, enhancements to the building envelope, high efficiency
HVAC units, interior and exterior shades, and other energy use reduction
and efficiency measures.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Storage and collection of recyclables - Developments should include
dedicated areas for the storage and collection of recyclable materials
that includes separate disposal areas for batteries, mercury containing
lamps, and electronic waste.
2. Construction and demolition waste management - Development plans
should include a construction and demolition waste plan that considers
waste prevention and diversion. Diversion is reuse or recycling of
construction or demolition materials to prevent them from entering
landfills. Waste prevention can be achieved by salvaging and recycling
materials and employing a waste minimizing design strategy.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Low-emitting materials - All interior finish materials should be
selected to minimize VOC (Volatile Organic Carbon) content and emissions.
All wood products should be certified as ultra-low-emitting formaldehyde
(ULEF) products or certified as no added formaldehyde resins (NAF)
project.
2. Thermal comfort - Individual and group thermal comfort controls should
be provided where appropriate to allow for the adjustment of one or
more of air temperature, radiant temperature, air speed, and humidity.
3. Indoor air quality - Allow for naturally ventilated spaces or provide
mechanical ventilation controls that provide for a consistent, minimum
design outdoor airflow.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1. Flood proofing new commercial developments should be considered in
the 0.2% chance of annual flood hazard zone and in areas modeled to
be subject to flooding with future sea level rise.
2. Locate mechanical systems on roofs or platforms even if not required
in the 0.2% chance of annual flood hazard zone or in areas potentially
impacted by sea level rise.
3. Consider sea level rise models when siting buildings, site infrastructure,
and critical facilities.
4. Build new residential structures with extra freeboard beyond the
minimum required by Ordinance and Code when in or near the flood hazard
area.
5. Consider landscaping for resiliency by selecting flood tolerant species,
and plants with durable root structures that are less likely to be
damaged or destroyed by flooding.
[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 Central Planning Board or the Zoning Board of Adjustments may
require provisions of such additional measures as it deems necessary
to protect public areas or neighborhood properties from adverse effects
of the proposed development which would be harmful to health, safety,
conservation of property values and general welfare.