This chapter shall be known and cited as the "Site Plan Review Regulations of the City of Newark." (R.O. 1966 C.S. § 16:9-1)
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. (R.O. 1966 C.S. § 16:9-2)
If any clause, sentence, subparagraph, paragraph, section, article, title of this chapter, 1979 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, article, chapter, title or part thereof directly involved in the controversy in which the determination, order or judgment shall have been rendered. (R.O. 1966 C.S. § 16:9-3)
a. Site Plan Review and Approval shall be required from the Central Planning Board for all Land Development involving:
1. An enlargement which increases the square footage/floor areas of an existing structure by one thousand (1,000) square feet or more.
2. Rehabilitation of any unoccupied residential structure of four (4) or more units where there is:
(a) Changes to site plan, such as the enlargement or change in the location or configuration of any principal or accessory structure;
(b) Increase in the number of dwelling units; or,
(c) Increase in number of bedrooms of any dwelling unit;
(d) Change to any distinctive architectural features of the facade.
3. The construction of new residential units:
(a) One (1) and two (2) family attached and detached homes which total three (3) or more units thin the same tax block.
(b) Three (3) family detached units.
(c) Three (3) or more attached units including row houses and/or townhouses.
(d) Multi-family buildings (four (4) or more families).
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 one thousand (1,000) square feet or more.
6. The construction of structures other than buildings (e.g. water tower/chemical containers) of one thousand (1,000) square feet or more of grade level or ground floor area.
7. The development of an area of five thousand (5,000) square feet or more which is wholly devoted to playground, garden or park purposes.
8. Any vehicular parking or storage lot development consisting of five (5) or more spaces and/or the development of any vehicular parking area or paved area of one thousand (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. The rehabilitation of any structure where the principal use changes between any of the following categories: residential, commercial, institutional, warehousing, industrial, or automotive.
13. The rehabilitation of any structure where the number or type of automotive, commercial, industrial, warehousing, or institutional units or uses in that structure increases.
b. 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.
(R.O. 1966 C.S. § 16:9-5; Ord. 6 S+FG, 9-20-89; Ord. 6 S+FB, 8-1-90; Ord. 6 S+FJ, 12-19-90; 6 S+FF, 1-6-99; Ord. 6 S+FI, 5-5-04; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
1. An enlargement which increases the square footage/floor area of an existing structure by less than one thousand (1,000) square feet.
2. Rehabilitation of any unoccupied residential structure of fewer than four (4) units.
3. Rehabilitation of any unoccupied or occupied residential structure where there is no proposed:
(a) Changes to site plan, such as the enlargement or change in the location or configuration of any principal or accessory structure;
(b) Increase in the number of dwelling units; or
(c) Increase in number of bedrooms of any dwelling unit;
(d) Change to any distinctive architectural features of the facade.
4. (a) Rehabilitation of any commercial, industrial and institutional structures if the use group does not change, or if the numbers and/or types of units do not increase.
(b) The creation of one (1) or two (2) new residential dwellings within an existing building currently used exclusively for retail, food service, office, or personal service establishments provided that the dwellings are on the building's second story or higher. 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.
5. The construction of new commercial, industrial or institutional structures with a gross floor area of less than one thousand (1,000) square feet.
6. The construction of structures other than buildings (e.g., water tower/chemical containers) ofless than one thousand (1,000) square feet of grade level or ground floor area.
7. The development of an area ofless than five thousand (5,000) square feet which is wholly devoted to playground, garden or park purposes.
8. Any vehicular parking or storage lot development consisting of fewer than five (5) spaces and/or development of any vehicular parking area less than one thousand (1,000) square feet.
9. Construction of a private accessory use such as a garage, toolhouse or greenhouse.
(R.O. 1966 C.S. § 16:9-6; Ord. 6 S+FBL, 12-18-85; Ord. 6 S+FE, 8-5-87; Ord. 6 S+FB, 8-1-90; Ord 6 S+FJ, 12-19-90; Ord. 6 S+FH, 1-8-92; Ord. 6 S+FF, 1-6-99; Ord. 6 S+FH, 1-17-01 § 1; Ord. 6 S+FA, 11-18-02 § 1; Ord. 6 S+FI, 5-5-04; Ord. 6 PS F-A(S), 7-14-09 Exh. A)
a. Applications for Minor Site Plan Approval.
1. Applications for site plan approval may be deemed to be minor site plans upon meeting all of the following criteria:
(a) Where new construction is less than five thousand (5,000) square feet of floor area;
(b) Where an addition to an existing building is less than one thousand (1,000) square feet of floor area;
(c) Involves the disturbance to land, or added impervious coverage, of less than five thousand (5,000) square feet or twenty-five (25%) percent of the total area of the lot, whichever is less;
(d) Includes only as-of-right permitted uses in the district, not conditionally permitted uses, and not uses for which "d" variances have previously been granted;
(e) The proposed development conforms to all zoning requirements and requires no "d" or "c" variances, no waivers from Newark's site plan standards other than submission checklist waivers, no allowable deviation from any adopted redevelopment plan; and
(f) Does not involve planned development as defined by the MLUL, any new street or extension of tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
2. An application for the addition of wireless commercial antennas to be mounted on an existing building or structure in the Second or Third Industrial District or the Third or Fourth Business Districts that fully complies with the requirements of Section 40:4-8e,1(f), may also be deemed to be a minor site plan.
3. All other site plan applications which are not deemed to be minor site plans shall be deemed to be major site plans.
b. Minor Site Plan Application Submission Requirements. The minor site plan application submission requirements shall be the same as those required for major site plan review. However, in those circumstances where information required has no impact or is not relevant to the Board's determination of whether the site plan meets the requirements and standards of the Newark Zoning Ordinance (Title XL) and site plan standards, submission waivers may be requested by the applicant and shall be reasonably granted.
c. Minor Site Plan Subcommittee. The Minor Site Plan Subcommittee shall consist of three (3) full members of the Central Planning Board and one (1) alternate member of the Central Planning Board who shall vote in the absence of a full member. Two (2) members shall constitute a quorum, and an affirmative vote of two (2) members shall be required to approve any minor site plan application. Staff of the Division of Planning and Community Development and of the Department of City Engineering, as necessary, may attend meetings of the Subcommittee. The Central Planning Board Secretary, or his or her designee, shall attend Subcommittee meetings. Minutes of the meetings shall be kept by the Board Secretary or his or her designee. At the option and expense of the applicant, a full transcript of the hearing may be kept.
d. Notice for Minor Site Plan Approval Waivers. Advertising and certified mailing requirements for minor site plans shall be waived if the application conforms to the definition of "minor site plan." Instead notice shall be mailed to each property owner within two hundred (200) feet of the project site using a property owners list certified by the Tax Assessor at least ten (10) days prior to the date of hearing. The mailing in this case is not required to be made by certified mail, but a "certificate of mailing" from the United States Postal Service is required to provide proof that notices were mailed. The exception to this section applies to wireless commercial antennas. All public notification requirements, as would be required for a conditional use application, shall apply.
e. Minor Site Plan Review Procedure.
1. All applications for minor site plan shall be submitted to the Office of the Central Planning Board. Six (6) complete copies of such an application shall be submitted for internal distribution. Within forty-five (45) days of receipt of the application, the staff of the Central Planning Board shall make a determination of the following:
(a) Whether the application meets the criteria of Section 38:10-7a.1 and may be acted upon as a minor site plan application;
(b) Whether the application is complete;
(c) Whether additional information and/or additional copies of the application shall be submitted for the purposes of review by other offices and/or agencies of the City of Newark for their review and comment.
2. The Minor Site Plan Subcommittee and/or the staff of the Central Planning Board shall have the authority to forward any application to any officials or agencies for comments or recommendations. Such agencies or officials shall forward their comments and recommendations in writing to the Division of Planning and Community Development and the applicant's contact person as listed in the application form within fourteen (14) days after receipt of the application.
3. Within thirty (30) days of receipt of a complete application, the Minor Site Plan Subcommittee shall hold a meeting wherein the application shall be reviewed.
4. In the circumstances where the Minor Site Plan Subcommittee determines that the scope of the project requires full Central Planning Board review, such Subcommittee shall forward the application to the Central Planning Board for consideration.
5. The Subcommittee shall approve, conditionally approve, or deny a minor subdivision or minor site plan as the case may be within forty-five (45) days of the application having been deemed complete, unless the applicant consents to an extension of a period of time within which the Subcommittee may act.
6. A resolution memorializing the decision of the Subcommittee shall be voted upon by the full body Central Planning Board at the next regularly scheduled meeting following the action of the Subcommittee.
7. Failure of the Subcommittee to act within the period prescribed shall constitute minor site plan approval. A certificate of the Board Secretary as to the failure of the Subcommittee to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required.
8. Effect of Approval. Approval of a minor site plan shall be deemed final approval provided that the Subcommittee may condition such approval on the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of approval is adopted provided that the approved minor subdivision shall have been duly recorded in accordance with this Article.
(R.O. 1966 C.S. § 16:9-7; Ord. 6 S+FBL, 12-18-85; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
The applicant shall pay to the City of Newark a fee to defray the cost of processing the application. The fee shall be as follows:
a. Residential
1. Three (3) dwelling units to ten (10) dwelling units $150.00
2. Eleven (11) dwelling units to fifty (50) dwelling units 250.00
3. Fifty-one (51) dwelling units to one hundred (100) dwelling units 300.00
4. One hundred one (101) units and above 350.00
b. Commercial and Industrial.
1. Less than 5,000 square feet of proposed floor area $150.00
2. Above 5,000 to 20,000 square feet proposed floor area 300.00
3. Above 20,000 to 100,000 square feet of proposed floor area 350.00
4. Above 100,000 square feet 450.00
c. Public and Semi-Public Facilities.
Nonprofit institutions 150.00
d. Parking and Storage Lots.
1. Ten (10) to twenty (20) spaces 150.00
2. Twenty-one (21) to fifty (50) spaces 300.00
3. Fifty-one (51) spaces and above 400.00
e. Variances and Conditional Use
Application fee 150.00
f. Minor-Site Plan.
Application fee 150.00
(R.O. 1966 C.S. §16:9-8; Ord. 6 S+FE, 3-2-88; Ord. 6 S+FB, 8-1-90; Ord. 6 S+FJ, 12-19-90)
