CHAPTER 1 CENTRAL PLANNING BOARD
37:1-1. BOARD CONTINUED.

Pursuant to the provisions of N.J.S. 40:55D-1 et seq., the Central Planning Board as heretofore created is hereby continued. (R.O. 1966 C.S. § 16A:1-1)

37:1-2. MEMBERSHIP; TERMS; COMPENSATION.

The Central Planning Board shall consist of nine (9) regular members and two (2) alternate members in Class I through IV who shall be appointed and hold office in accordance with the provisions of N.J.S.A. 40:55D-23, and N.J.S.A. 40:55D-23.1 as amended. The Board members must reside in the City of Newark. Each regular member and alternate member of the Board shall receive a salary of not more than three thousand five hundred ($3,500.00) dollars per annum for attending twenty-four (24) regular Board meetings and two hundred fifty ($250.00) dollars to be paid from Other Pay/Overtime for each of the twelve (12) special meetings which may be scheduled annually to address all applications which have not been placed on the Board's agenda within a two (2) month time frame. Such salaries shall be paid quarterly and in proportion to the number of meetings attended during each quarter. No more than a total of nine (9) members including alternates shall be paid for attending such meetings. (R.O. 1966 C.S. § 16A:1-2; Ord. 6 S+FC, 2-19-86 § 3; Ord. 6 S+FF, 6-03-92 § 4; Ord. 6 S+FP, 9-02-92 § 1; Ord. 6 S+FB, 10-17-01 § 6; Ord. 6 S+FG, 1-9-02 § 6; Ord. 6 S+FB, 7-10-02 § 6)

37:1-3. ORGANIZATION OF BOARD.

The Central Planning Board shall elect a chairperson and vice chairperson from the members of Class IV and select a secretary who shall not be a member of the Board. (R.O. 1966 C.S. § 16A:1-3)

37:1-4. EXPERTS AND STAFF.

The Central Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the Municipal Council for its use. (R.O. 1966 C.S. § 16A:1-4)

37:1-5. POWERS AND DUTIES.

The Central Planning Board shall have the following powers and duties:

a. To make and adopt and from time to time amend a master plan for the physical development of the municipality including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S. 40:55D-28.

b. To administer the provisions of the land subdivision ordinance and site plan review ordinance of the municipality in accordance with the provisions of the ordinances and N.J.S. 40:55D-1 et seq.

c. To approve conditional use applications in accordance with the provisions of the zoning ordinance pursuant to N.J.S. 40:55D-67.

d. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

e. To assemble data on a continuing basis as part of a continuous planning process.

f. To consider and make report to the Municipal Council within thirty-five (35) days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S. 40:55D-26(a), and also pass upon other matters, including but not limited to the vacation of streets, specifically referred to the Central Planning Board by the Council pursuant to the provisions of N.J.S. 40:55D-26(b).

g. When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

1. Variances pursuant to N.J.S. 40:55D-70(c).

2. Direction pursuant to N.J.S. 40:55D-34 for issuance of a permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S. 40:55D-32.

3. Direction pursuant to N.J.S. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.

The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of a variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Central Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.

h. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Municipal Council for the aid and assistance of the Council or other agencies or officers.

(R.O. 1966 C.S. § 16A:1-5)

37:1-6.TIME; COMPLETE APPLICATIONS.

a. Minor Subdivisions. Minor subdivision approvals shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Central Planning Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the secretary of the Board as to failure of the Central Planning Board to act shall be issued on request of the applicant. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Central Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the chairperson and the secretary of the Central Planning Board before it will be accepted for filing by the County Recording Officer.

An application for minor subdivision approval shall be deemed to be complete upon submission of

1. An original completed City of Newark minor subdivision application form.

2. A copy of a completed Essex County Planning Board subdivision application form.

3. Fifteen (15) copies of metes and bounds descriptions, describing property before and after subdivision, prepared by a licensed surveyor.

4. Fifteen (15) copies of subdivision plats, showing property before and after subdivision.

5. Fifteen (15) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating, with respect to each property, the uses thereon and the street and numbers.

6. Two (2) copies of the protective covenant or deed restrictions applying to the land being subdivided, if any.

7. Appropriate fee, paid by certified check, cashier's check or money order.

b. Major Subdivisions. Upon submission of a complete application for a subdivision for ten (10) or fewer lots, the Central Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision for more than ten (10) lots, the Central Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Central Planning Board shall be deemed to have granted preliminary approval for the subdivision plan.

An application for preliminary major subdivision approval shall be deemed to be complete upon submission of

1. An original completed City of Newark major subdivision application form.

2. A copy of a completed Essex County Planning Board subdivision application form.

3. Fifteen (15) copies of metes and bounds descriptions, describing property before and after subdivision, prepared by a licensed surveyor.

4. Fifteen (15) copies of subdivision plats, with structures indicated thereon, showing property before and after subdivision.

5. An original and duplicate map complying with the requirements of the Map Filing Law, N.J.S. 46:23-9.9 et seq.

6. Fifteen (15) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating with respect to each property the uses thereon and the street and number.

7. An original affidavit stating that there are no deed restrictions applying to the subdivision of the property.

8. An original and two (2) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor.

9. Appropriate fee, paid by certified check, cashier's check or money order.

10. A corporate or partnership disclosure statement, when required by N.J.S. 40:55D-48.1 et seq.

11. An original affidavit of service of notice.



Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Central Planning 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. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Central Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

An application for final major subdivision approval shall be deemed to be complete upon submission of

1. A written statement by the director of the Department of Engineering that he/she has received and reviewed a map showing all improvements, both proposed and existing, in exact location and elevation, identifying those portions already installed and that the applicant has installed all improvements in accordance with the requirements of the subdivision ordinance and/or posted a performance guarantee with the Central Planning Board in an amount determined by the director of the Department of Engineering to assure compliance with all required improvements.

2. An original and duplicate map complying with the requirements of the Map Filing Law, N.J.S. 46:23-9.9 et seq.

3. Four (4) copies of metes and bounds descriptions describing property before and after subdivision, prepared by a licensed surveyor, when preliminary approval was granted with modifications of the preliminary major subdivision application.

4. Four (4) copies of subdivision plats, with structures indicated thereon, showing property before and after subdivision, when preliminary approval was granted with modifications of the preliminary major subdivision application.

c. Minor Site Plans. Site plan submission requirements pursuant to the site plan ordinance and notice and public hearing may be waived where a minor site plan is involved. Any such waiver shall be granted or denied within forty-five (45) days of the date of submission of a complete application.

An application for minor site plan approval shall be deemed to be complete upon submission of:

1. An original completed City of Newark minor site plan approval application form.

2. Two (2) sets of site plan drawings, signed and sealed by a licensed architect or engineer.

3. Appropriate fee, paid by certified check, cashier's check or money order.



4. A corporate or partnership disclosure statement, when required by N.J.S. 40:55D-48.1 et seq.

d. Site Plans. Upon submission of a complete application for a site plan which involves ten (10) acres of land or less and ten (10) dwelling units or less, the Central Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than ten (10) acres, or more than ten (10) dwelling units, the Central Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Central Planning Board shall be deemed to have granted preliminary approval for the site plan.

An application for preliminary site plan approval shall be deemed to be complete upon submission of

1. An original completed City of Newark site plan application form.

2. A copy of a completed Essex County Planning Board site plan application form.

3. Thirteen (13) sets of site plan drawings complying with the requirements of the site plan ordinance.

4. A statement of responsibility for all off-tract improvements required by the proposed project.

5. An original and two (2) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor, when a hearing is required.

6. Appropriate fee, paid by certified check, cashier's check or money order.

7. A corporate or partnership disclosure statement when required by N.J.S. 40:55D-48.1 et seq.

8. An original affidavit of service of notice, when a hearing is required.

Application for final site plan approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Central Planning 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.

An application for final site plan approval shall be deemed to be complete upon submission of:

(a) Four (4) additional sets of signed and sealed site plan drawings indicating modifications, if any, required by preliminary site plan approval.

e. Conditional Uses. Application for approval of a conditional use shall be granted or denied within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant. The review by the Central Planning Board of a conditional use shall require any site plan review. The time period for action by the Central Planning Board on conditional uses shall apply to such site plan review. Failure of the Central Planning Board to act within the period prescribed shall constitute approval of the application 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.

An application for conditional use approval shall be deemed to be complete upon submission of:

1. An original completed City of Newark conditional use application form.

2. Five (5) sets of plans for proposed new buildings, alterations, additions, extensions, or structural conversions.

3. Twelve (12) copies of a plot plan.

4. Twelve (12) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating, with respect to each property, the uses thereon and the street and number.

5. Original and two (2) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor.

6. Appropriate fee, paid by certified check, cashier's check or money order.

7. An original affidavit of service of notice.

f. Ancillary Powers. Whenever the Central Planning Board is called upon to exercise its ancillary powers as set forth in subsection 37:1-5g., the Board shall grant or deny approval of the application within one hundred twenty (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. 40:55D-1 et seq.

An application for a variance submitted to the Central Planning Board pursuant to subsection 37:1-5g. shall be deemed to be complete upon submission of:

1. An original completed City of Newark variance application form.

2. Five (5) sets of plans for proposed new buildings, alterations, additions, extensions, or structural conversions.



3. Twelve (12) copies of a plot plan.

4. Twelve (12) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating, with respect to each property, the uses thereon and the street and number.

5. Original and two (2) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor.

6. Appropriate fee, paid by certified check, cashier's check or money order.

7. An original affidavit of service of notice.

An application for direction for issuance of a permit submitted to the Central Planning Board pursuant to subsection 37:1-5g. shall be deemed to be completed upon submission of

(a) An original completed City of Newark application form for the direction for issuance of a permit.

(b) Five (5) copies of a plot plan showing proposed new buildings, additions or extensions.

(c) Three (3) copies of a survey map complying with the requirements of survey maps set forth in the site plan ordinance.

(d) Thirteen (13) copies of a block diagram showing all properties and buildings within a radius of two hundred (200) feet from the perimeters of the subject property and indicating, with respect to each property, the uses thereon and the street and number.

(e) Original and two (2) copies of a list of property owners within two hundred (200) feet of the subject property, certified by the Tax Assessor.

(f) Appropriate fee, paid by certified check, cashier's check or money order.

(g) An original affidavit of service of notice.

(R.O. 1966 C.S. § 16A:1-6)