This title shall be known and cited as the "Land Subdivision Regulations" of the City of Newark. (Ord. 6 S+FB, 2-17-82 § 1.1)
The purpose of this Title shall be to provide rules, regulations and standards to guide land subdivision in the City in order to promote the public health, safety, convenience and general welfare of the City. It shall be administrated to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services. (Ord. 6 S+FB, 2-17-82 § 1.2)
a. Subdivision approval shall be required from the Central Planning Board for lots, where the official lot line has to be altered for the purpose of dedication, sale of land/lot or creation of a new lot. Approval of the subdivision shall be obtained prior to such action as stated above.
b. Approval of the subdivision is prerequisite before any official lot line is altered, the subdivision approval must be obtained from the Central Planning Board or the Board of Adjustment. The Board of Adjustment has mandatory jurisdiction of subdivision review in those limited situations as stated in paragraph c. of this section.
c. The Board of Adjustment shall have the power to review subdivisions and to grant, to the same extent and subject to the same restrictions as the Central Planning Board, subdivision approval. Whenever the Board of Adjustment is simultaneously reviewing an application for approval of a "d" or use variance which permits a structure or use in a district restricted against such structures or use as defined by N.J.S. 40:55D-70 (d).
d. Each application for subdivision approval, where required pursuant to N.J.S. 40:27-6.3 shall be submitted by the applicant to the County Planning Board for review and approval and 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 County Planning Board by its failure to report thereon within the required time period.
(Ord. 6 S+FB, 2-17-82 § 1.3)
The Central Planning Board when acting upon application for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this Title, if the literal enforcement of one (1) or more provisions of the Title is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. (Ord. 6 S+FB, 2-17-82 § 1.4)
The fee is graduated to the acreage of land to be subdivided and shall be charged as hereunder.
0.25 acres or less $ 50.00
0.25 acres to 0.50 acres 75.00
0.50 acres to 1.0 acres 100.00
1.0 acres to 2.0 acres 150.00
Above 2.0 acres 200.00
0.50 acres or less $100.00
0.50 acres to 2.0 acres 150.00
2.0 acres to 10.0 acres 200.00
10.0 acres and more 250.00
(Ord. 6 S+FB, 2-17-82 § 1.5)
a. New Jersey Open Public Meeting Law. All meetings will be held in accordance with the "Open Public Meeting Act" P.L. 1975, C. 231. 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 all major subdivisions. Such hearing shall be held in accordance with the procedures of N.J.S. 40:55D-10 by the Central Planning Board.
c. Public Hearing Procedure and Notice Requirements. When a public hearing is required on an application pursuant to this section or pursuant to the determination of the 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 on 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, above.
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 or 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 Title 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 fee for such service as set forth in Section 37:3-11. A copy of the decision shall be filed in the office of the Secretary to the Planning Board, where it shall be made available for public inspection during reasonable 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 arranged by the Secretary to the Central Planning Board or Board of Adjustment, as the case may be, without separate charges to the applicant. Such notice shall be sent to the newspaper for publication within ten (10) days of the date of any 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.
(Ord. 6 S+FB, 2-17-82 § 1-6)
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. (6 S+FB, 2-17-82 § 1.7)
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.
(6 S+FB, 2-17-82 § 1.8)
