a. New Jersey Open Public Meeting Law. All meetings will be held in accordance with the "Open Public Meeting Act" N.J.S. 10:4-6 et seq. Notice of all such meetings shall be given in accordance with N.J.S. 10:4-6 et seq.
b. Public Hearing. A public hearing shall be required for the following site plan review. Such hearings shall be held in accordance with the procedures of N.J.S. 40:55D-10 by the Central Planning Board.
1. Planned unit development of two (2) acres or more.
2. Multiple dwelling developments consisting of more than twenty (20) units.
3. Industrial development within two hundred (200) feet of a residential district.
4. Commercial development with more than three (3) stories or five thousand (5,000) square feet of floor area or lot area.
5. All developments where a use variance has been obtained or is required.
6. All parking and storage lots with more than five thousand (5,000) square feet of lot area.
c. Public Hearing Procedure Notice Requirements. When a public hearing is required on an application for development pursuant to this section or pursuant to the determination of the Central Planning Board, the applicant shall give notice thereof at his/her expense in the following manner:
1. Public notice shall be given by publication in a newspaper of general circulation in the City of Newark at least ten (10) days prior to the date of the hearing.
2. Notice shall be given to the owners of all real property, as shown in a current tax map, located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the City of Newark in which the applicant's land is located. Such notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax map and most recent records of the tax surveyor in the office of assessment, or on his/her agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his/her address as shown on the current tax map 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. In addition, notice shall be given by the applicant to tenants of all residential properties of more than four (4) units by posting such notice in a prominent place in a lobby or hallway of the building.
3. Notice of all hearings on application for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to paragraph c., 2 of this section.
4. Notice shall be given by personal service or certified mail to the Essex 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 two hundred (200) feet of a municipal boundary.
5. 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.
6. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps and documents required to be on file with the Central Planning Board pursuant to N.J.S. 40:55D-10(b).
7. All notices hereinabove specified in this section shall be given at least ten (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.
8. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S. 40:55D-14.
9. 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 municipal Tax Assessor's Office and the location and time at which any maps and documents for which approval is sought are available as required by law.
d. List of Property Owners Furnished Pursuant to the provisions of N.J.S. 40:55D-12(c), the Tax Assessor shall within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars make and certify a list from the current tax duplicate of names and addresses of owners to whom notice must be given pursuant to paragraph c., 2 of this section.
e. Decisions.
1. Each decision on any application for development shall be set forth in writing and shall include findings of facts and conclusions based thereon.
2. A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant, or if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the prescribed one ($1.00) dollar per page for such service. A copy of the decision shall be filed in the office of the Secretary to the Central Planning Board, where it shall be made available for public inspection during business hours.
3. A brief notice of the decision shall be published in a newspaper of general circulation in the City of Newark. Such publication shall be undertaken by the applicant and such notice shall be sent to the newspaper for publication within ten (10) days of the date of such decision.
f. 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 (N.J.S. 2A:67A-1 et seq.) shall apply.
g. 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 the number of witnesses.
h. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
i. Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means at the applicant's expense. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his/her expense.
(R.O. 1966 C.S. § 16:9-9; Ord. 6 S+FD, 8-1-90)
Pursuant to the provisions of N.J.S. 40:55D-39 and N.J.S. 40:55D-65 every application for development submitted to the Central Planning Board or the 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. (R.O. 1966 C.S. § 16:9-10)
Pursuant to the provisions of N.J.S. 40:55D-48.1 et seq., an applicant for site plan approval which is a corporation or a partnership must submit a corporate disclosure statement which certifies the names of all persons owning a ten (10%) percent or greater interest in the corporation or partnership. (R.O. 1966 C.S. § 16:9-11)
An applicant has a right to obtain review of any decision of the Central Planning Board by a court of competent jurisdiction according to law. No provision in this chapter shall be construed as limiting the right of any party to obtain review by a court of competent jurisdiction. (R.O. 1966 C.S. § 16:9-12)
ALLEY shall mean a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
APPLICANT shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by this chapter for approval of a site plan.
AUTOMOTIVE shall mean a land use category that consists of any business operation primarily related to the selling, servicing, repairing, fueling, cleaning, storing, parking, or in any other way serving the needs of automobiles including but not limited to car dealerships, commercial garages, gas stations, and car washes.
BOARD OF ADJUSTMENT shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof
CATEGORY , as defined herein, shall mean a broad classification of land uses. Categories can include but are not limited to automotive, commercial, industrial, institutional, residential, or warehousing, as defined herein.
CENTRAL PLANNING BOARD shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.
CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or trans-shipment points.
CITY shall mean the City of Newark.
CLERK shall mean the Clerk of the Municipal Council of the City ofNewark.
COMMERCIAL shall mean a land use category that consists of a place of activity involving the sale of goods or services or the operation of an office.
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
CONSTRUCTION CODE OFFICIAL shall mean the Director of Engineering pursuant to Section 7:1-2.
COUNTY shall mean County of Essex, New Jersey.
DAYS shall mean calendar days.
DEPARTMENT OF ENGINEERING shall mean an administrative department of the Newark municipal government established pursuant to Chapter 8 of Title II, Administration of the Revised General Ordinances of the City.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining or excavation or land fill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DIRECTOR shall mean the Director of the Department of Engineering.
DRAINAGE shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation, or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY shall mean the land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
FINAL APPROVAL shall mean the official action of the reviewing board taken on a preliminary approval of the site plan after all conditions as stated in the preliminary approval and/or other requirements have been completed and guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee.
FLOOR AREA shall mean the sum of the gross area of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the center lines of walls separating two (2) buildings.
GRADE LEVEL FLOOR AREA shall mean the square footage of the floor of the building at grade level which will determine whether the building is (a) exempt from the Site Plan Review; (b) a Minor Site Plan; (c) a Major Site Plan.
GROUND AREA shall mean developed ground area including but not limited to piers, retaining walls, concrete pad storage areas (open or roofed).
HAZARDOUS MATERIAL shall be defined as follows:
a. Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Sections 116.4 and 401.15, as amended; or
b. Any chemical listed as "acutely toxic" in Appendix A of the EPA Chemical Emergency Preparedness Program, interim guidelines; or
c. Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class III A combustible liquid; or
d. Any material which is listed or defined as explosive, flammable, reactive, or corrosive in the Department of Transportation, 49 Code of Federal Regulations, Section 172.101, as amended.
A mixture shall be deemed to be a hazardous material if it contains one (1%) percent by volume or more of any material listed above.
INDUSTRIAL shall mean a land use category that consists of the manufacture, remanufacture, or processing of goods and products as the primary use of the facility.
INSTITUTIONAL shall mean a land use category that consists of a facility used by a religious, child care, educational, or public use such as a house of worship, school, library, government building or university.
LAND shall mean and include improvements and fixtures on, above or below the surface.
LOT shall mean a parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by the City for maintenance of any improvements required by this chapter.
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the City as set forth in and adopted pursuant to the Municipal Land Use Law, N.J.S. 40:55D-28 et seq.
MINOR SITE PLAN shall mean a development plan that meets the criteria stated in Section 38:10-7 of this chapter.
MUNICIPAL COUNCIL shall mean the Governing Body which acts as the chief legislative body of the City of Newark.
OFFICIAL MAP shall mean a map adopted pursuant to the Municipal Land Use Law, N.J.S. 40:55D-32 et seq. Such official map shall be deemed conclusive with respect to the location and extent of flood control basins and public areas, whether or not such streets, ways, basins, or areas are improved or unimproved or are in actual physical existence.
OFF-SITE shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-STREET shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE shall mean located on the lot in question.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PERFORMANCE GUARANTEE shall mean any security, which may be accepted by the City, including cash, provided that the City shall not require more than ten (10%) percent of the total performance guarantee in cash.
PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage of two (2) acres or more to be developed as a single entity containing one (1) or more structures with appurtenant common areas, according to a plan, containing one (1) or more residential clusters in the form of townhouses, apartments or multiple residential developments and one (1) or more public, quasi-public, commercial or industrial areas or large-scale development as specified in the Zoning Ordinance of the City of Newark (Sections 40:1-1 et seq.).
PLAT shall mean a map or maps of a site plan.
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to the Municipal Land Use Law, (N.J.S. 40:55D-46, 40:55D-48, and 40:55D-49), prior to final approval, after specific elements of a development plan as required by the Central Planning Board, have been agreed upon by the applicant.
PUBLIC AREAS shall mean (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational use.
RESIDENTIAL shall mean a land use category that consists of at least one (1) home, abode, or place of residence where an individual would actually live at a specific point in time.
RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land including streets, easements and open space portions of a development.
REVIEWING BOARD shall mean the Newark Central Planning Board or Board of Adjustment, whichever board has jurisdiction over the particular application pursuant to N.J.S. 40:55D-60.
SCREENING OFFICER shall mean the secretary of the Central Planning Board of the City.
SECRETARY shall mean the secretary of the Central Planning Board of the City.
SITE shall mean any plot, parcel or parcels of land.
SITE PLAN shall mean the development plan of one (1) or more lots on which is shown (1) the existing and proposed conditions of the lots including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices and (3) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Central Planning Board or Board of Adjustment.
SOIL EROSION AND SEDIMENT CONTROL PLAN shall mean a plan which fully details necessary land treatment measures including a time schedule for installation, that effectively minimizes soil erosion and sedimentation. Such measures shall be in accordance with standards adopted by the State Soil Conservation Committee and the requirements of the Director of Engineering pursuant to the Newark Title XXVIII, Soil Erosion and Sedimentation Control (Sections 28:1-1 et seq.).
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or City roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided in this chapter, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the Central Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
PRINCIPAL ARTERIAL SYSTEM . Streets and highways serving major metropolitan activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of mileage. Service to abutting land should be subordinate to the provision of travel service to major traffic movements. This system carries the major portion of trips entering and leaving an urban area, as well as the majority of through movements desiring to bypass the central City, and normally will carry important intraurban as well as intercity bus routes.
MINOR ARTERIAL STREETS SYSTEM . Streets and highways interconnecting with and augmenting the City's principal arterial system and providing service to trips of moderate length at a somewhat lower level of travel mobility. The system places more emphasis on land access and distributes travel to geographic areas smaller than those identified with the higher system. It includes all arterials not classified as principal.
COLLECTOR STREETS SYSTEM . Streets penetrating neighborhoods, collecting traffic from local streets in the neighborhoods, and channeling it into the arterial systems. A minor amount of through traffic may be carried on collector streets, but the system primarily provides land access service and carries local traffic movements within residential neighborhoods, commercial, and industrial areas. It may also serve local bus routes.
LOCAL STREETS SYSTEM . Streets not classified in a higher system, primarily providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and usually carry no bus routes. Service to through traffic is deliberately discouraged.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBCODE OFFICIAL shall mean Buildings Code Official, Chief Plumbing Inspector, Chief Electrical Inspector and Deputy Chief in charge of Fire Prevention, or their assistants.
URBAN DEVELOPMENT PROJECT shall mean the construction of five (5) or more homes on a site or sites under common ownership and being financed as a single undertaking
WAREHOUSING shall mean a land use category that consists of the storage and/or distribution of personal property or inventory.
(R. O. 1966 C.S. § 16:9-13; Ord. 6 S+FBL, 12-18-85; Ord. 6 S+FC, 11-5-86; Ord. 6 S+FE, 8-5-87; Ord. 6 S+FB, 8-1-90; Ord. 6 S+FA, 3-18-98; Ord. 6 S+FI, 5-5-04; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
