ARTICLE 3 Approval Procedure

38:10-14. APPLICATION SUBMISSION.

The applicant shall submit to the Secretary of the Central Planning Board, the information hereunder required as part of an application for site plan review. Failure to supply any of the required information and/or payment of fees shall constitute an incomplete submission and the application will not be acted upon by the Central Planning Board. Unless the applicant is notified in writing by the Secretary of the Central Planning Board within forty-five (45) days of the submission of the application for site plan approval that the application and/or information is incomplete, the application shall be deemed complete as of the date it was submitted.

a. Site plans submitted shall conform to the zoning regulations as set forth in Title XL, Zoning, Revised General Ordinances of the City.

b. The applicant shall submit three (3) copies of a completed application for site plan review with the payment of the required fee, as provided in Section 38:10-8.

c. The applicant shall submit the required number of site plan drawings, each of which shall bear the impression seal and the inked signature of the licensed architect, engineer or land surveyor for the appropriate drawing as required by N.J.A.C. 13:40-1 and 13:40-2 and shall be in conformance with the preliminary and final site plan requirements detailed in Sections 38:10-15, 38:10-16 and 38:10-17.

d. The applicant shall submit four (4) copies of the Soil Erosion and Sedimentation Control Plan to the Central Permit Office, Department of Engineering for their review. The Department of Engineering shall inform the Secretary of the Central Planning Board of its action and/or comments and forward a copy of the plan after it has been approved.

(R.O. 1966 C.S. § 16:9-14)

38:10-15. PRELIMINARY SITE PLAN REQUIREMENT.

Eight (8) sets of site plan drawings which are submitted as a part of a preliminary site plan application, shall include a cover sheet, a boundary and topography survey map and a site detail plan, the details of which shall comply with Section 38:10-17. Eight (8) sets of the site plan are required unless stated otherwise in this chapter.

The site plan drawings shall be prepared in the size of twenty-four (24) inches by thirty-six (36) inches or thirty (30) inches by forty-two (42) inches. The drawings shall be drawn at a suitable scale of not greater than one (1) inch equals ten (10) feet or less than one (1) inch equals fifty (50) feet. The sites which cannot be accommodated within the thirty (30) inches by forty-two (42) inches, the plan may be drawn at a smaller scale; however, the selection of such scale shall require prior consultation and approval by the Central Planning Board. The cover sheet and site plan detail sheet information may be combined on one (1) sheet in those cases where the required information can be effectively and clearly shown. All drawings shall be numbered in sequential fashion and properly identified.

The preliminary submission shall be made twenty-one (21) days prior to the regularly scheduled meeting of the Board. (R.O. 1966 C.S. § 16:9-15)

38:10-16. FINAL SITE PLAN REQUIREMENTS.

Final site plan drawings shall include any changes or modifications required by the Board while granting preliminary approval, and the additional information required hereunder pursuant to this section and Section 38:10-17.

Ten (10) sets of copies of the site plan duly revised shall be required for the final submission.

The final submission shall be made at least thirty (30) days prior to the regularly scheduled meeting of the Board. (R.O. 1966 C.S. § 16:9-16)

38:10-17. SITE PLAN DRAWING SUBMISSION REQUIREMENTS.

a. Cover Sheet.

1. A locational key map at a scale of 1" = 1,000' with a north directional arrow, a graphic scale, the names of all streets and rights-of-way within a three thousand (3,000) foot radius of the site.

2. A title block pursuant to N.J.A.C. 13:40-1.

3. The street address and block and lot numbers of the site, as shown on the current City tax map and the zoning designation of the property.

4. A block diagram at a suitable scale of all properties within a two hundred (200) foot radius of the site including the names of all streets, block and lot numbers, zoning designations, and existing land uses, fire hydrants, etc.

5. A listing of all variances, conditional use permits and all other municipal, County, State, Federal and other (e.g. PVSC) permits required, applied for and/or received, as well as the date and requirements of such. (If none required, state same.)

b. Survey Map.

1. A survey of the site shall be performed by a New Jersey licensed surveyor pursuant to N.J.S. 45:8.

2. A title block pursuant to N.J.A.C. 13:40-2.

3. Certification by the surveyor that the survey was performed by him/her or under his/her supervision, or that the survey was based upon an existing metes and bounds description, which description shall accompany the survey.

4. Bearings to the nearest ten (10) seconds and distances to the nearest hundredth for all property lines. It shall be indicated whether true north or magnetic north is used

5. The location of any existing monuments used for the survey.

6. The address block and lot numbers of the property as shown on the most current City tax map.

7. The areas of the site in square feet and acres to the nearest hundredth.

8. Existing site elevations and contour lines at two (2) foot intervals. If an assumed datum is used, its location should be clearly indicated.

9. The natural site characteristics such as:

(a) Streams, drainage ditches, and lakes;

(b) Existing vegetation with particular emphasis on trees of two (2) inches caliper or greater;

(c) Marsh vegetation.

10. The present surface drainage including any culverts of channelized streams.

11. The location, size, and nature of all existing buildings, structures, and impervious areas (sidewalks, driveways, parking areas, etc.).

12. The locations, dimensions, and nature of all rights of way and easements.

13. Cross section and longitudinal sections of the site showing the main characteristics.

14. A legend shall indicate all symbols used on the survey sheet.

c. Site Plan.

1. A title block pursuant to N.J.A.C. 13:40-1.

2. Bearing and distances of all property boundary lines.

3. Location, dimensions and set backs of all proposed buildings.

4. Type, dimensions and construction details of fencing, retaining walls, pavement, curbs, handicap access ramps, driveways and walkways, parking areas, loading docks, etc.

5. Area diagram, showing the area of the lot, building, parking, circulation, landscaping etc., including each dimension.

6. All existing buildings and structures to be removed shall be indicated by dash lines.

7. Building main elevations, cross sections and floor plans, etc.

8. Names and width of all adjacent streets showing directions of vehicular traffic. Also show on-site traffic flow.

9. Location and dimensions of all streets vacated or intended to be vacated and nature of all easement and rights of way.

10. The location, species, sizes and quantities of all proposed and existing plantings. Existing live trees over three (3) inches caliper shall be preserved. (A separate landscaping plan shall be submitted.)

11. Area description and diagram and their percentage to the total lot area for the floor area, landscape area, parking area and circulation area. Indicate gross floor area and feasible area.

12. A layout of all on-tract and/or off-site parking arrangements including circulation patterns for pedestrians and vehicular traffic

13. Legend indicating nature of all symbols used on this site plan.

14. Original and finished grade elevations with specific attention to ingress and egress, corners, parking areas, sidewalks, ramps and loading docks.

15. Provision for handicapped persons such as parking facilities accompanied with easy accessibility through sidewalks and ramps, housing units, etc., as required by the Barrier-Free Design Regulations (N.J.A.C. Sections 17:19A-1.1 et seq.).

16. The location, type and height of all existing and proposed exterior on-site and adjacent right-of-way lighting, the direction and area of illumination as it affects building, sidewalks, and parking areas. Signs and any spill over effects etc., and the construction details of all proposed fixtures. Lighting design shall conform to the current Illuminating Engineering Society Lighting Handbook and the Energy Conservation Code.

17. The location, size, nature and construction of all on-site signs.

18. Facilities for the collection of refuse for the site including details of walls or fences used for screening purposes as well as measures to assure protection from infestation of rats and vermin etc.

19. Soil erosion and sediment control plan as required by the Newark Title XXVIII Soil Erosion and Sediment Control [28:1-1 et seq.]. (Submit three (3) copies.)

20. All existing and proposed signs and lighting standards, utility poles and their size, type construction and location within the twenty-five (25) feet of the County road right-of-way line.

21. For industrial establishments, a listing of all hazardous materials handled, stored, or processed on the site including material safety data sheets, and

Average annual quantities of each hazardous material handled, stored, or processed at the site; and

A process description and flow diagram of the use of hazardous materials; and

Specific notation ofloading and unloading areas of hazardous materials; and

A plan for response to hazardous material unanticipated incidents.

22. A risk assessment of the proposed activity including a description of the likely and potential risks associated with the proposed activity, the risk agents and the population at risk.

d. Storm Drainage and Public Utility Plan.

1. Title block pursuant to N.J.A.C. 13:40-1.

2. Calculations of the sanitary flow for each point of connection to the municipal sewerage system including discharge rates and velocities.

3. Runoff calculations for storm water discharged to the municipal sewerage system, drainage ditch, or stream, shall be submitted along with the rate and velocity at the point of discharge, and the reservoir and routing calculations as required to meet the design criteria established in this chapter.

4. Finished grade elevation, paths of overland flow, drainage sub-basin areas, including a delineation of impervious and pervious areas and the totals of each, surface water storage areas, etc., shall be clearly delineated and consistent with runoff calculations.



5. The location, distance from nearest manhole, size, slope, inverts, and nature of all storm water facilities including construction details of manholes, catch basins, inlets, storage areas, dutch drains, dry wells, recharge basins, or any other method of storm water control approved by the Director of Engineering, which will meet the objectives outlined in the design criteria of this chapter. If recharge basins or dry well etc., are utilized, percolation tests of the site are to be performed by the applicant and certification of test is to accompany the plan along with the results and locations of the test and any other information essential to the test such as depth to bedrock, soil, etc.

6. The location, type, size, inverts, and slope of all sanitary utilities such as grease traps, oil separators, clean outs, manholes, monitoring points, or any other appurtenances required.

7. The location, size, type of existing and propose water lines, gas and fuel lines, pumping facilities, and construction details including depth to pipe, benching, fill material, shut off valves, and vapor recovery system as required by the City ordinance Title XI, Fire Prevention Code.

8. The location, size, and type of utilities within adjacent streets, including water mains, sewer, electric power lines, street lighting, fire hydrants, gas lines, valves and water meters, catch basins, conduits, etc.

(R.O. 1966 C.S. § 16:9-17)

38:10-18. PRE-APPLICATION CONFERENCE.

The developer may participate in a presubmission conference with the staff of the Central Planning Board and the Engineering Department, either in person or by agent. The purpose of this conference shall be to evaluate the proposal for the type of review required and to ensure that the developer receives all proper information regarding the submission. No statement or representation by either the developer, the Central Planning Board or the Engineering Department at this conference shall be binding or final.

The Secretary may request that representatives of various City reviewing agencies or departments attend any pre-application meeting. (R.O. 1966 C.S. § 16:9-18)

38:10-19. CITY AGENCIES AND DEPARTMENT REVIEW.

The Secretary to the reviewing board shall forward the application for site plan approval and a copy of site plan drawings to the following City agencies and department heads for their review and written comments.

a. One (1) copy to the Newark City Planning Officer.

b. Two (2) copies to the Department of Engineering.

c. One (1) copy to the Department of Water/Sewer Utilities.

d. One (1) copy to the Fire Department.

e. One (1) copy to the Police Department.

f. One (1) copy to the Board of Adjustment.

The Central Planning Board shall retain one (1) copy for its records.

The applicant shall comply with the requirements and recommendations, if raised by any of the above City agencies.

(R.O. 1966 C.S. § 16:9-19; Ord. 6 S+FB, 8-1-90)

38:10-20. COUNTY REVIEW.

Whenever review or approval of the application by the Essex County Planning Board is required pursuant to N.J.S. 40:27-6.6, the Central Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the Board by its failure to report thereon within the required time period. The applicant shall submit a complete application to the Essex County Planning Board along with site plan drawings and the requisite fee. The applicant shall provide the Central Planning Board with a copy of the application duly filed with the County. (R.O. 1966 C.S. § 16:9-20; Ord. 6 S+FB, 8-1-90)

38:10-21. PRELIMINARY APPROVAL.

a. Upon the submission to the Secretary to the Central Planning Board of a complete application for a site plan for ten (10) acres of land 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, except that if the application for site plan approval also involves an application within the purview of N.J.S. 40:55D-60, the Central Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of the submission of a complete application to the Secretary to the Central Planning Board, or within such further time as may be consented to by the applicant.

b. Upon the submission of a complete application for a site plan of more than ten (10) acres, 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 applicant.

c. Upon the submission to the Secretary to the Board of Adjustment of a complete application for site plan approval pursuant to N.J.S. 40:55D-76b., the Board of Adjustment shall grant or deny preliminary approval of the application within one hundred twenty (120) days of the date of such submission or within such further time as may be consented to by the applicant.

d. Failure of the Central Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.

e. If the Central Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Central Planning Board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.

f. Preliminary site plan approval shall be granted by the Central Planning Board if upon review it is determined that the proposed development complies with the requirements and standards of this chapter, or if it has been determined by the Board that any amendments to the application required by the Board are of a minor nature and have been a subject of a scheduled meeting of the Board. The Secretary to the Board shall notify the applicant in writing of all required amendments.

(R.O. 1966 C.S. § 16:9-21)