Preliminary approval of a site plan, except as provided in paragraph d. of this section, shall confer upon the applicant the following rights and conditions for a three (3) year period from the date of the preliminary approval:

a. That the general terms and conditions in which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks, lot size; yard dimensions and off-tract improvements; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting both for safety reasons and street lighting; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to the public health and safety.

b. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan; and

c. That the applicant may apply for and the Central Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

d. In the case of a site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in paragraphs a., b. and c. above for such period of time, longer than three (3) years, as shall be determined to be reasonable by the Central Planning Board, taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) the comprehensiveness of the development. The applicant may thereafter apply for and the Central Planning Board may grant an extension to preliminary approval for such additional period of time as shall be determined by the Central Planning Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (3) economic conditions; and (4) the comprehensiveness of the development; provided that if the design standards have been revised by ordinance, such revised standards may govern the design of the entire site. (R.O. 1966 C.S. § 16:923)

a. The Central Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval and the conditions of preliminary approval; provided that in the case of a planned development, the Central Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

b. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Secretary to the Reviewing Board, 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 to the Reviewing Board as to the failure of the Reviewing Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

(R.O. 1966 C.S. § 16:9-23)

a. Final approval means the official action of the Central Planning Board taken on a preliminary approved site plan after all conditions, engineering plans and other requirements have been completed or fulfilled, and the required improvements have been installed or guarantees properly posted for their consideration, or approval conditional upon the posting of such guarantees (N.J.S. 40:55D-4).

b. The zoning requirement applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Section 38:10-23, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Reviewing Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Section 38:10-23.

c. In the case of a site plan for a planned development of fifty (50) acres or more or conventional site plan for one hundred fifty (150) acres or more, the Central Planning Board may grant the rights referred to in paragraph a. of this section for such period of time, longer than two (2) years, as shall be determined by the Reviewing Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for and the Reviewing Board may grant, an extension of final approval for such additional period of time as shall be determined by the Central Planning Board to be reasonable taking into consideration those conditions stated above.

(R.O. 1966 C.S. § 16:9-24)

a. The planned unit development and public areas shall require that prior to approval of such development, the Central Planning Board shall find the following facts and conclusions:

1. That departure by the proposed development from zoning regulations, otherwise applicable to the subject property, conform to Title XL, Revised General Ordinances of the City of Newark;

2. That the proposals for maintenance and conservation of the common open space are supported, and the amount, location and purpose of the common open space are adequate;

3. That provisions through the physical design of the proposed development for public services, control other vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

4. That the proposed planned unit development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

b. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(R.O. 1966 C.S. § 16:9-25)

Public dedication: Common open space which may be dedicated to the City shall be free and clear of all mortgages and encumbrances, and shall only be dedicated at the discretion of the City.

Private dedication: Dedicated areas may be deeded free and clear of any encumbrances, to a permanent property owner's association, cooperative or condominium corporation for its use, control and management for common open space, recreational or other similar use, and providing appropriate restrictions to assure the effectuation of the purpose of this section and to provide for the maintenance and control of the area. The organization shall meet the following standards, to be written into the articles of incorporation and/or bylaws:

a. It shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the City.

b. In the event that such organization shall fail to maintain the open space in good order and condition, the Director of Engineering or the Secretary of the Central Planning Board may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon, which shall be held within fifteen (15) days of the notice. At such hearing the Central Planning Board may modify the terms of the original notice as to deficiencies and may give reasonable extension of time, not to exceed sixty -five (65) days within which the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the thirty-five (35) days or any permitted extension thereof, the Board, in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any right to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Central Planning Board or the Director of Engineering shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development, to be held by the Central Planning Board at which hearing such organization and the owners of the development shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain the open space in reasonable condition, the City shall cease to maintain the open space at the end of the year. If the Director shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the City may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Central Planning Board shall constitute a final administrative decision, subject to judicial review.

c. The cost of such maintenance by the City shall be assessed by the Director of Engineering prorated against the properties within the development that have a right of enjoyment of the common open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on these properties and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

(R.O. 1966 C.S. § 16:9-26)

The master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development. Before approving a site plan, the Central Planning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Central Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the City shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the land development and required for final approval. (R.O. 1966 § 16:9-27)

a. As a condition of final site plan approval, the Central Planning Board may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

1. The furnishing of a performance guarantee in favor of the City in an amount not to exceed one hundred twenty (120%) percent of the cost of installation for improvements it may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," N.J.S. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping; provided that no more than ten (10%) percent of the total performance guarantee shall be in cash, and the balance shall be in the form of a bond from a bonding company approved by the Newark Corporation Counsel. The Director of Engineering shall review the improvements required by the Central Planning Board which are to be bonded and itemized by costs. The itemization shall be the basis for determining the amount of performance guarantee and maintenance guarantee required by the Central Planning Board. The Director of Engineering shall forward his estimate of the cost of improvements to the applicant within thirty (30) days of the date of receipt of a request sent by certified mail for the estimate.

2. The furnishing of a maintenance guarantee to be posted with the Clerk for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen (15%) percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements.

b. The amount of any performance guarantee may be reduced by the Municipal Council by resolution, at the recommendation of the Central Planning Board when portions of the improvements have been certified by the Director of Engineering to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided, may be extended by the Central Planning Board.

c. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the City may either prior to or after the receipt of the proceeds thereof complete such improvement.

d. When all of the required improvements have been completed, the obligor shall notify in writing, by certified mail to the Clerk and the Central Planning Board, of the completion of the improvements and shall send a copy thereof to the Director of Engineering. Thereupon, the Director shall inspect all of the improvements and shall file a detailed report, in writing, with the Central Planning Board indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

e. The Central Planning Board shall either approve, partially approve or reject the improvements, on the basis of the report of the Director of Engineering and shall notify the developer in writing, by certified mail, of the contents of the report and the action of the Board with relation thereto not later than sixty-five (65) days after receipt of the notice from the developer of the completion of the improvements. Failure of the Central Planning Board to send or provide such notification to the developer within sixty-five (65) days shall be deemed to constitute approval of the improvements and the developer and surety, if any, shall be released from all liability pursuant to such performance guarantee.

f. If any portion of the required improvements is rejected, the Central Planning Board may require the developer to complete such improvements and, upon completion the same procedure of notification, as set forth in this section shall be followed.

g. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Director of Engineering for the foregoing inspection of improvements.

h. If a developer fails to complete improvements in a timely fashion after receiving a notice of rejection, or partial rejection, then the Municipal Council may decide to retain all monies deposited as a guarantee.

i. If all of the required improvements have been completed by the developer and approved by the Central Planning Board then all monies and bonds held by the City of Newark for improvements shall be released to the developer.

j. All monies required to be refunded by this section shall be refunded within one hundred twenty (120) days after the Central Planning Board receives notice of approval by the Director of Engineering of all the improvements.

(R.O. 1966 C.S. § 16:9-28; Ord. 6 S+FC, 5-6-92)

The Central Planning Board shall consider the following elements of the site plan.

a. Site Plan Design. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.

b. Pedestrian and Vehicular Traffic. Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site, between buildings and between buildings and vehicles.

The Central Planning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

c. Exterior Lighting. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

d. Landscaping and Screening. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and screening requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

Screening shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Screening may consist of fencing, evergreens, shrubs, bushes, or combinations thereof to achieve the stated objectives.

e. Signs. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and/or pedestrians.

f. Storm Drainage and Public Utilities. Storm drainage, sanitary waste disposal, electrical service, water and gas supply shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing and proposed system for improvement of utilities on-site, off-site, on-tract and off-tract to adequately early storm water, run off, sewage, and to insure an adequate supply of water at sufficient pressure for potable, commercial, industrial or fire prevention uses.

g. Garbage Disposal. Garbage disposal shall be adequate to prevent vermin and rodent infestation and efficient collection. All disposal systems shall comply with the requirements of the Revised City Ordinances and the Director of Neighborhood and Recreational Services.

h. Environmental Elements. The site plan shall be reviewed to assure the enhancement and protection of such environmental factors as trees, greenery, open spaces, water bodies, streams, ditches and culverts, air quality, soils, animal life and the abatement of noise and air pollution. An environmental impact statement shall be required upon request by the Director of Engineering.

The site plan shall meet the aforementioned performance objectives through compliance with the Design Standards, Article 5 of this chapter. (R.O. 1966 C.S. § 16:9-29)

The developer shall observe the requirements and principles of site plan approval set forth in this Article in the design of each site plan or portion thereof The site plan shall be consistent in layout or arrangement with the requirements of Title XL, Zoning of the City of Newark [40:1-1 et seq.]

a. Architectural screening of any rooftop mechanical structures or mechanical structures outside of any building shall be installed so as to screen the mechanical equipment from view from all sides from which it may be visible. "Architectural screening" for the purposes of this section, shall be deemed to mean the use of relatively maintenance-free, durable, nonflammable materials so as to screen and prevent the direct view of the mechanical equipment as defined by Section 40:4-4.

b. All screening devices shall be of a height equal to the rooftop mechanical equipment and the material, finish and design shall be architecturally compatible with the exterior facade of the principle structure on top of which it is situated.

c. No additional screening shall be required where the parapet wall is at least as tall as the rooftop mechanical structure.

(Ord. 6 PS F-A(S), 7-14-09 Exh. A)

The site plan shall provide a safe and efficient circulation system for movement of people, whether on foot or vehicle into, out of, and within the site. The circulation system shall have minimum adverse impact on surrounding areas.

Particular attention shall be given to provide for safe emergency access for fire and police protection, vehicular and pedestrian circulation. Approval of site access shall be received from Director of Fire Department, the Director of the Police Department, the City Planning Officer, the Director of Engineering and the Director of the Department of Child and Family Well-Being.

The building layout in the case of multi-family units, the cluster developments shall be such as to provide for a sense of "territory" and belonging. Public open space for social meetings or recreation, play areas for children shall be located in a manner which provides security and visibility for those residents who use these spaces.

The location of parking lots and refuse collection facilities shall not be sited so as to cause excessive foot travel to and from these uses or to conflict with private spaces within two hundred (200) feet of the farthest residence it serves. Methods for collection shall be approved by the Director of Engineering.

Unnecessary lighting should be avoided, but lighting essential for security or safety should always be provided.

The layout shall provide visual corridors, and sight lines to incorporate surrounding open space, recreational areas, historical landmarks, architectural or environmental attributes of the area to enhance design and environmental aspects of the site.

Consideration shall be given to the situation of the site concerning nearby social services and community needs and shall not be inconsistent with the land use in that area.

Perimeter fencing shall be constructed at all Urban Development Projects. Perimeter fencing shall be constructed of wrought iron or tubular steel and shall be erected along the front property line and along the side lot lines to the building setback line. Fencing at the side lot lines from the building setback to the rear property line and the rear property line may be of other materials except when these areas are adjacent to a street. In such cases, the fencing shall be of wrought iron or tubular steel construction uniform with that installed along the front property line. (R.O. 1966 C.S. § 16:9-31; Ord. 6 S+FB, 3-18-98; Ord. 6 PSF-A(S), 7-14-09 Exh. A; Ord. No. 6 S+FE, 10-17-07)

For the purpose of this chapter streets and sidewalks shall be designed to meet the following criteria:

a. Right-of-Way Widths.

The right-of-way for internal roads and alleys in multi-family, commercial, and industrial developments shall be determined on an individual basis, and shall in all cases be of sufficient width and design to provide access to fire equipment and service trucks.