A.

No building or structure shall hereafter be used, occupied, constructed, moved altered or repaired, nor shall any land be filled, cleared or graded, nor shall any water course be diverted, unless in conformity with the regulations of the Land Development Ordinance of the City of Jersey City. All Development Review Filing Procedures shall be in accordance with the provisions of this Article.

B.

The City of Jersey City and/or its instrumentalities shall be exempt from the provisions of this Chapter.

A.

Content. Each application for approval of a minor subdivision, minor site plan, preliminary major subdivision, preliminary site plan, final major subdivision, final site plan or conditional use, as the case may be, and each application for variance relief and appeals, shall include all information and data listed in the appropriate corresponding checklist as set forth below in this article.

B.

Complete Application. The Division of City Planning shall review all applications and accompanying documents required by the applicable checklist to determine that the application is complete. An application for development shall be complete for purposes of commencing the applicable time period for action when so certified by the Division of City Planning. In the event that the Division of City Planning does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist for such application and (2) the Division of City Planning has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one or more submission requirements be waived, in which event the Department shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Division of City Planning may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Division of City Planning.

A.

Right to Request Informal Review. Prior to the submittal of an application for development, the applicant may request an informal review before the Planning Board as detailed in N.J.S.A. 40:55D-10.1. Informal review shall not apply to the Zoning Board of Adjustment.

B.

Documents and Fees to be Submitted. Applicants seeking review of a concept plan shall provide fifteen (15) copies of the plan and one copy of the completed application and the required review fees to the Division of City Planning Secretary at least forty-five (45) days before a regularly scheduled meeting of the Planning Board.

C.

Nature of Concept Plan. The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the City's development goals and objectives.

D.

Effect of Informal Review. Neither the applicant nor the Planning Board is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.

A.

Filing Procedures.

[Amended 9-11-2013 by Ord. No. 13-081; 9-12-2018 by Ord. No. 18-095]

1.

The applicant shall submit all necessary documents to the Clerk of the Board of Adjustment or Planning Board. Clerks shall be employed by the Division of City Planning and designated by resolution of their respective Boards.

2.

The Director of the Division of City Planning shall determine that an application is complete for the purpose of commencing the time period for action by the Municipal Agency per N.J.S.A. 40:55D-10.3. The applicant will be notified in writing of any deficiencies within 45 days of receipt by the Department. If a submission is deemed incomplete, no tolling of time shall occur, nor shall deficient applications be scheduled for a hearing.

3.

For the purpose of expediting applications and reducing development costs, a developer may request a preapplication conference, the purpose of which is to:

a.

Acquaint the applicant with the substantive and procedural requirements of the Land Development Ordinance.

b.

Exchange information about the proposed development plan and applicable elements of the Master Plan, this Chapter and other development regulations.

c.

Advise the applicant of any public sources of information that may aid the application.

d.

Review the conditions of existing service facilities, the impact of the proposed project on those facilities and improvements necessary to accommodate the project and the areas affected by the project.

e.

Meet with any of the appropriate municipal representatives designated to participate in the review process to identify policies and regulations that create opportunities for or pose significant constraints to the proposed development, including but not limited to the staffs of the:

i.

Division of City Planning;

ii.

Construction Code Official;

iii.

Division of Engineering;

iv.

Historic Preservation Commission;

v.

Department of Public Safety;

vi.

Municipal Utilities Authority;

vii.

Division of Traffic and Street Maintenance;

viii.

Environmental Commission;

ix.

United Water Company.

f.

Permit input into the general design of the project.

g.

Attendees at the pre-application conferences shall complete attendance forms as required by the City and shall be limited to City staff, the property owner and/or designated owner representatives including, but not limited to, the property owner's licensed professional(s), agent(s), contractor(s), and/or permit processor(s), as such terms are defined in Chapter 134.

[Amended 12-15-2010 by Ord. No. 10-166; 10-13-2022 by Ord. No. 22-084].

A.

Threshold for Major Site Plan Review. The following categories of site plans for new construction, land disturbance, rehabilitation and additions, pursuant to N.J.S.A. 40:55D-37a, fall within the major site plan review threshold and must receive Board approval prior to issuance of either a building permit or certificate of occupancy:

[Amended 10-25-2023 by Ord. No. 23-103]

1.

Projects on parcels of 10,000 or more square feet.

2.

Projects whose total gross floor area is 10,000 or more square feet.

3.

Additions increasing gross floor area by 2,500 square feet or 50 percent, whichever is less, except for projects with a total gross floor area of 5,000 square feet or less.

4.

Additions increasing coverage, by all structures on a project parcel, by 2,500 square feet or 50 percent, whichever is less, except for projects with a total gross floor area of 5,000 square feet or less.

5.

Additions increasing gross floor area of all structures on a project parcel by 50 percent or 2,500 square feet, whichever is less, except for projects with a total gross floor area of 5,000 square feet or less.

6.

Off-street parking facilities, except for one- or two-family structures meeting minimum parking requirements and meeting the minimum stall size requirements.

7.

Changes in use requiring new or alteration of existing parking and/or loading facilities with fifteen or more total parking spaces.

8.

Changes in the volume and/or configuration of existing parking and/or loading facilities with fifteen or more total parking spaces.

9.

Installation of new wireless telecommunication towers.

10.

Land disturbances greater or equal to 5,000 square feet in area, including but not limited to, the excavation, filling, grading, resurfacing, terracing, deposition of debris, compaction, earthwork construction, removal of vegetation, or dredging. This includes environmental remediation activities requiring a remedial action permit from NJDEP. The construction of utilities within City rights-of-way are exempt.

11.

Alterations of the shoreline, removal or installation of riprap or bulkhead, or the construction of retaining walls, sheet piling, or other structures measuring 50 linear feet or greater which effect the grading, topography, or drainage of a site. The construction of utilities within City rights-of-way are exempt.

B.

Threshold for minor site plan review. The following categories of site plans for new construction, rehabilitation and additions, pursuant to N.J.S.A. 40:55D-37a, fall within the minor site plan review threshold and must receive Board approval prior to issuance of either a building permit or certificate of occupancy:

1.

Projects whose total gross floor area is at least 5,000 and less than 10,000 square feet.

2.

Installation of new or more wireless communication antennas. Replacement of antennas at an existing location are not considered new.

3.

Interim use leasing banners, except when proposed and permitted in § 345-16.E below.

C.

Threshold for site plan review within redevelopment plan areas.

1.

Thresholds based on project size, gross floor area, lot area, additions, and all other criteria as outlined in § 345- 16(A) and (B) above shall apply to redevelopment plan areas, with the following exception:

a.

Any project with deviations that does not meet the threshold for a major site plan shall be considered a minor site plan.

D.

Site plan review shall not be considered necessary for the following site work:

1.

Normal maintenance.

2.

Health and safety upgrades that are essentially interior and do not require any changes to the site plan at grade.

3.

Interior renovations.

4.

Deck, porches, stoops, or balcony construction that otherwise complies with residential bulk standards of the applicable plan.

5.

Installation of accessory structures that otherwise complies with all requirements of the applicable redevelopment plan or zoning district.

E.

Standards for Interim Use Leasing Banners.

1.

Interim use leasing banners may be approved by the Division of Zoning without requiring minor site plan if the following standards are met.

2.

Standards for interim use leasing banners.

a.

Annual renewal is required for interim use leasing banners or violations and/or fees will be incurred.

b.

Interim use leasing banners shall advertise leasing opportunities for the building on which they are located.

c.

All interim use leasing banners shall be removed or taken down when payment of annual fees elapses or at the end of three (3) years, whichever comes first.

d.

The maximum size of interim use signs shall be no greater than five percent of the façade or 2,000 square feet whichever is less.

f.

Interim use signs shall only be located on two or three façades.

g.

Interim use signs should be larger near the top of the building and smaller at the base.

h.

Upon annual renewal, photo evidence of interim use signs shall be presented to the Division of Zoning to determine compliance and whether any banners need to be replaced due to wear and tear.

3.

Fees. For initial plan review and determination of conforming interim use leasing banners the fee is $100.00. For plan review of interim use leasing banners, there is an annual fee which starts at $100.00 and doubles in price every year thereafter, until it is removed.

4.

Historic districts and landmarked buildings or sites. For any site in a local historic district or local landmarked building or site, application shall still be made to the historic preservation staff, who shall determine if a certificate of no effect or certificate of appropriateness is required. In the case where a certificate of appropriateness is required but the signage is conforming to applicable land development ordinance or redevelopment plan standards, only historic preservation review is necessary.

[Amended 1-13-2021 by Ord. No. 20-112]

A.

When required. The Division of City Planning shall require a traffic impact assessment for applications that require major site plan or for a major subdivision, whether or not parking is proposed. Additionally, a traffic impact assessment shall be required for minor site plans where parking is proposed. Waivers may only be granted at the discretion of both the Director of the Division of City Planning and the Director of the Division of Traffic Engineering.

B.

General provisions.

1.

The traffic impact assessment shall be prepared by a New Jersey licensed professional engineer having appropriate experience and education.

2.

All relevant sources of information used in the preparation of said statement shall be identified.

C.

Submission format. All traffic impact assessments shall provide a description of the impact and effect of the proposed land development upon all roads which are adjacent to or immediately affected by traffic and shall specifically address the following items:

1.

Existing conditions in the vicinity of the proposed project including:

a.

Roadway network.

b.

Representative traffic counts, not during holiday or summer periods (or with appropriate statistical adjustments for counts during the summer months).

c.

Traffic accident statistics.

d.

Availability of public transportation.

e.

Level of service of adjacent roadways.

f.

Existing bike network.

g.

Bike network and facilities proposed in bike master plan.

h.

All recommendations and improvements for the site and vicinity made in the Jersey City school travel plan.

i.

All existing and recommended improvements within the latest annual vision zero action report and pedestrian enhancement plan.

j.

Number of on-street parking spaces on the block the property is located on. Report should specify it on street parking is residential permit parking (zone and zone regulations must be specified), designated loading spaces, and metered spaces. Report should also identify multi-unit buildings without onsite parking.

2.

Vehicular, bicycle, and pedestrian traffic generated by the proposed development including:

a.

Trip generation, must include ride-share and deliveries.

b.

Trip distribution.

c.

Modal split.

d.

Level of service under proposed conditions.

3.

Traffic impacts caused by the proposed development as per change in existing conditions factoring in the projected buildout in the vicinity of the proposed project as defined in the development report prepared by the Division of City Planning.

4.

Explanation of traffic reduction/traffic management plans necessary pursuant to any current federal, state, or county, or municipal recommendations and requirements, and, where applicable, proposed interaction with appropriate county transportation management areas (TMA).

5.

Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic pattern, and for the improvement of pedestrian and bike safety.

6.

Any other information requested by the appropriate Division of City Planning reasonably required to make an informed assessment of potential traffic impacts.

[Amended 1-13-2021 by Ord. No. 20-112]

A.

When required. The Division of City Planning shall require a shadow analysis for all applications with new construction or additions to existing buildings that are 40 feet and over. A visual impact assessment may be required at the discretion of the Division of City Planning to determine if there is any negative impact to the City's scenic corridors and vistas listed in the Master Plan.

B.

General provisions.

1.

Shadow analysis and visual impact assessment shall be prepared by a qualified professional, such as, but not limited to, an architect, urban designer, or engineer.

C.

Shadow analysis submission format.

1.

Project description. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended.

2.

Documentation. All publications, file reports, manuscripts or other written sources of information which were consulted shall be listed and footnoted. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

3.

Elevations of proposed building and surrounding buildings with dimensions shown. Must include roof, parapets, and penthouse/attics. Diagrams should include a north arrow and be drawn to scale.

4.

Diagrams of shadow cast by the proposed project should be provided for the following four days of the year. Diagrams must also clearly indicate the existing shadow for comparison:

-

Winter solstice (December 21) - midday sun is lowest and shadows are at their longest.

-

Summer solstice (June 21) - midday sun is at its highest and shadows are at their shortest.

-

Spring/fall equinox (March 21/September 21) - shadows are midway through a period of lengthening.

-

The "worst case" shadow day - the day on which the new shadow is the largest/longest duration.

5.

On the days the graphical depictions are required, the shadows should be shown on an hourly basis, from one hour after sunrise to one hour before sunset.

EXAMPLE: On June 21, the sun rises at 5:48 a.m. and sets at 8:35 p.m. Therefore shadow graphics should be included at the following times:

-

A.M.: 6:48, 1, 8, 9, 10, 11

-

P.M.: 12, 1, 2, 3, 4, 5, 6, 7, 7:35

D.

Visual impact assessment submission format.

1.

Elevation of proposed building or project.

2.

Description of unique scenic features and any scenic view from the site.

3.

Visual impact the proposal will have on any of the scenic corridors identified in the master plan.

4.

Proposed mitigations to negative impacts.

A.

Public notice of a hearing on an application for development shall be given. This shall also include:

[Amended 11-28-2001 by Ord. No. 01-129; 11-29-2017 by Ord. No. 17-153]

1.

Preliminary site plan review pursuant to section 34 of N.J.S.A. 40:55D-46;

2.

Minor subdivisions pursuant to section 35 of N.J.S.A. 40:55D-47; or

3.

Final approval pursuant to section 38 of N.J.S.A. 40:55D-50; and provided that public notice shall be given in the event that relief is requested pursuant to section 47 or 63 of N.J.S.A. 40:55D-60 or 40:55D-76 as part of an application for development otherwise excepted herein from public notice.

B.

Public notice shall also be given in the case of an application for appeal to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a, or in the case of a request for interpretation by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70b.

C.

Notice of a hearing requiring public notice shall be given by the applicant at least ten (10) days prior to the date of the hearing in the following manner:

1.

By publication in the official newspaper of the City.

2.

To all owners of real property as shown on the current tax duplicate, Located in the state and within two hundred (200) feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his or her agent in charge of the property or mailing a copy thereof by certified mail to the property owner at his or her address as shown on said current tax duplicate.

3.

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, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

4.

To the Clerk of any adjoining municipality or municipalities when the property involved is located within two hundred (200) feet of said adjoining municipality or municipalities. Notice shall be given by personal service or certified mail.

5.

To the Hudson County Planning Board when the application for development involves property adjacent to an existing county road or proposed road as shown on the County Official Map or the County Master Plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary. Notice shall be given by personal service or certified mail.

6.

To the Commissioner of Transportation of the State of New Jersey when the property abuts a state highway. Notice shall be given by personal service or certified mail.

7.

To the State Planning Commission when the hearing involves an application for the development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Administrative Officer. Notice shall be given by personal service or certified mail.

8.

On applications for approval of a major subdivision or a site plan not defined as a minor site plan, to a public utility, cable television company or local utility which possesses a right-of-way or easement within the city and which has registered with the city in accordance with N.J.S.A. 40:55D-12.1 by (a) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (b) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

D.

Upon the written request of an applicant, the City tax assessor shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners within the City to whom the applicant is required to give notice. Failure to give notice to any lot owner not on the list obtained in such manner shall not invalidate any hearing or proceeding. A sum, not to exceed the maximum set forth in N.J.S.A. 40:55D-12c, shall be charged for such list.

E.

The applicant shall be responsible for giving proper notice to all property owners.

F.

The notice shall state the date, time and place of the hearing and the nature of the matters to be discussed, including an 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 City tax assessor's office; and the location and times at which any maps or documents for which approval is sought are available for inspection.

Every public utility, cable television company and local utility interested in receiving notice pursuant to subsection h. of section 7.1 of N.J.S.A. 40:55D-12 may register with the City if the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.

Whenever an applicant intends to construct a development in phases, phasing information shall be included in the plans for preliminary approval, and all phases shall be:

A.

Functionally self-contained and self-sustaining with regard to access, circulation, parking, utilities, open spaces and all other site improvements and physical features and shall be capable of perpetual independent use, occupancy, operation and maintenance upon completion of construction and development of the section or stage.

B.

Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the plan.

C.

Provided with such temporary or permanent transitional features, buffers or protective areas as are necessary to prevent damage or detriment to adjoining properties or to any completed section or stage. In addition, such temporary or permanent transitional features, buffers or protective areas shall not impede development of future sections or stages in the planned development. Plans, estimated dates of completion for each section or stage and specifications of such sections or stages are to be filed with the Division of City Planning, which must be of sufficient detail and of such scale as to fully demonstrate the arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and services facilities, and land ownership conditions.

[Added 4-8-2015 by Ord. No. 15-046]

Any new street proposed as part of a site plan or subdivision plan application shall conform to the standards set forth in § 3-39 entitled "Standards for naming streets and municipal property." Final approval of all street names shall rest with the Municipal Council.

[Amended 5-14-2003 by Ord. No. 03-059]

A.

Submission Requirements.

[Amended 1-27-2010 by Ord. No. 10-007]

1.

Submission requirements for minor subdivision and minor site plan approval are provided in the Minor Subdivision and Minor Site Plan Checklist in this article.

2.

The Division of City Planning Staff shall have the authority to refer any application to other agencies or individuals for comments or recommendations.

[Amended 2-23-2011 by Ord. No. 11-023]

B.

Review by Other City Agencies and Officials. The officials and agencies cited above shall forward their comments and recommendations in writing to the Division of City Planning and the applicant's contact person as listed in the application form within fourteen (14) days after receipt of the application.

C.

Action.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

Applications for minor subdivision approval shall be acted upon by the Planning Board.

2.

Upon submission of application documents, City Planning Staff will review the contents of the submission package to verify that it is a valid Application for Development. Upon verification, the application will be formally confirmed as "submitted" and development review will commence.

3.

Except for applications governed by the time limits in this Chapter, the Planning Board shall approve, conditionally approve, or deny a minor subdivision or minor site plan as the case may be within forty-five (45) days of the submission of a complete application, unless the applicant shall extend the period of time within which the Planning Board may act.

4.

Applicants who request extensions to the period of time within which the Planning Board may act are permitted to do so for one-month intervals, not to exceed three (3) months total. There shall be no limit to extensions requested by Planning Staff, so long as the applicant agrees to said extensions.

5.

Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision or site plan approval, as the case may be. A certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Register for purposes of filing subdivision plats or deeds.

D.

Effect of Approval.

1.

Approval of a minor subdivision or minor site plan shall be deemed final approval provided that the Subcommittee or Board, as the case may be, may condition such approval on the provision of improvements as may be required. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted provided that the approved minor subdivision shall have been duly recorded in accordance with this Article.

2.

Approval of any variance associated with a minor subdivision and/or minor site plan shall be valid for a period of two years after the date on which the resolution of approval is adopted if no construction, alteration or conversion has commenced within the two-year period.

E.

Expiration of Minor Subdivision. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Register, the City Engineer and the City Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Board Chairperson and Secretary. In reviewing the application for development for a proposed minor subdivision, the Subcommittee may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of the said act.

F.

Extensions of Minor Subdivision Approval.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

The Planning Board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed pursuant to this Chapter if the developer proves to the reasonable satisfaction of the Board:

a.

That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and

b.

That the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

2.

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of minor subdivision approval; or (b) the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.

G.

Inactive Applications.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

Any application for minor subdivision or minor site plan which has remained inactive and incomplete for six (6) consecutive months shall be subject to dismissal by City Planning Staff.

2.

In order to be dismissed for inactivity, City Planning Staff must first provide a written warning to project applicant. A thirty (30) day time period must be provided for the applicant's response demonstrating diligence towards obtaining Board approval, including but not necessarily limited to fee payment in full and plan revisions.

3.

If after thirty (30) days from the date of contact for inactivity pursuant to G.2 above, the applicant has not responded to City Planning Staff, has not submitted application fees, and/or has not demonstrated diligence towards obtaining Board approval, the application may be permanently dismissed by City Planning Staff.

[Amended 5-14-2003 by Ord. No. 03-059]

A.

Submission Requirements.

[Amended 1-27-2010 by Ord. No. 10-007; 2-23-2011 by Ord. No. 11-023]

1.

Submission requirements for preliminary major subdivision and preliminary site plan approval are provided in the Preliminary Major Subdivision and Site Plan Checklist.

2.

The applicant shall forward copies of the application and plans to review agents as listed in the General Development Application Package for review and comment, when instructed by City Planning Staff and where appropriate.

3.

The Division of City Planning shall have the authority to refer any application to other agencies or individuals for comments or recommendations.

B.

Review by Other City Agencies and Officials. The officials and agencies cited in this article above shall forward their comments and recommendations in writing to the Division of City Planning within fourteen (14) days after the receipt of the application.

C.

Board Action.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

Subdivisions.

a.

Upon submission of application documents, City Planning Staff will review the contents of the submission package to verify that it is a valid Application for Development. Upon verification, the application will be formally confirmed as "submitted" and development review will commence.

b.

The Board shall approve, conditionally approve or deny a preliminary major subdivision application of ten (10) or fewer lots within forty-five (45) days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

c.

The Board shall approve, conditionally approve or deny a preliminary major subdivision application of more than ten (10) lots within ninety-five (95) days after the submission of a complete application, unless the applicant shall extend the period of time within which the Board may act.

d.

Applicants who request extensions to the period of time within which the Planning Board may act are permitted to do so for one-month intervals, not to exceed three (3) months total. There shall be no limit to extensions requested by City Planning Staff, so long as the applicant agrees to said extensions.

e.

Failure of the Board to act within the time prescribed shall constitute preliminary major subdivision approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the Applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the County Register for purposes of filing subdivision plats.

2.

Site Plans.

a.

Upon submission of application documents, City Planning Staff will review the contents of the submission package to verify that it is a valid Application for Development. Upon verification, the application will be formally confirmed as "submitted" and development review will commence.

b.

The Board shall approve, conditionally approve or deny a preliminary major site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, within forty-five (45) days after the submission of a complete application unless the applicant shall extend the period of time within which the Board may act.

c.

The Board shall approve, conditionally approve or deny the preliminary major site plan of more than ten (10) acres or more than ten (10) dwelling units within ninety-five (95) days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.

d.

Applicants who request extensions to the period of time within which the Planning Board may act are permitted to do so for one-month intervals, not to exceed three (3) months total. There shall be no limit to extensions requested by City Planning Staff, so long as the applicant agrees to said extensions.

e.

Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.

D.

Effect of Preliminary Approval. Preliminary approval of a major subdivision or site plan, except as provided in subsection (D) of this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution granting preliminary approval is adopted:

1.

That the general terms and conditions on 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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the City from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.

2.

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 subdivision plat or site plan, as the case may be.

3.

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

4.

In the case of a subdivision of or a site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a non-residential floor area of two hundred thousand (200,000) square feet or more, the appropriate Board may grant the rights referred to in subsections (A), (B) and (C) of this section for such period of time, longer than two years, as shall be determined by the appropriate Board to be reasonable taking into consideration (a) the number of dwelling units and non-residential floor area permissible under final approval, (b) economic conditions and (c) the comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) the number of dwelling units and non-residential floor area remaining to be developed, (c) economic conditions and (d) the comprehensiveness of the development.

5.

Whenever the Board grants an extension of preliminary approval and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.

6.

The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before (a) what would otherwise be the expiration date of the preliminary approval, or (b) the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to the provisions of this Article.

E.

Simultaneous Preliminary and Final Site Plan Approval.

1.

Combined preliminary and final site plan approval may be granted provided all submission requirements for both applications are met. The time limit within which the Board shall act shall be the longest time permitted for either of the two approvals.

2.

Approval of any variance associated with a combined preliminary and final site plan approval shall be valid for a period of two years after the date on which the resolution of approval is adopted if no construction, alteration or conversion has commenced within the two-year period.

F.

Applications for variance approval which required neither Major Site Plan approval nor Major or Minor Subdivision approval shall be submitted to the Zoning Board of Adjustment. Approval of any variance by the Zoning Board of Adjustment shall be valid for a period of two years after the date on which the resolution of approval is adopted if no construction, alteration or conversion has commenced within the two-year period.

G.

Inactive Applications.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

Any application for Preliminary Major subdivision or Preliminary Major site plan which has remained inactive and incomplete for six (6) consecutive months shall be subject to dismissal by City Planning Staff.

2.

In order to be dismissed for inactivity, City Planning Staff must first provide a written warning to project applicant. A thirty (30) day time period must be provided for the applicant's response demonstrating diligence towards obtaining Board approval, including but not necessarily limited to fee payment in full and plan revisions.

3.

If after thirty (30) days from the date of contact for inactivity pursuant to G.2 above, the applicant has not responded to City Planning Staff, has not submitted application fees, and/or has not demonstrated diligence towards obtaining Board approval, the application may be permanently dismissed by City Planning Staff.

[Amended 5-14-2004 by Ord. No. 03-059]

A.

Submission Requirements. [Amended 1-27-2010 by Ord. No. 10-007]

1.

Submission requirements for final major subdivision and site plan approval are provided in the Final Major Subdivision and Final Site Plan Checklist.

2.

The applicant shall forward copies of the application and plans to review agents as listed in the General Development Application Package for review and comment where if deemed appropriate and necessary by City Planning Staff.

[Added 2-23-2011 by Ord. No. 11-023]

3.

The Division of City Planning shall also have the authority to refer any application to other agencies or individuals for comments or recommendations.

[Added 2-23-2011 by Ord. No. 11-023]

B.

Review by Other City Agencies and Officials. The officials and agencies cited in this article above shall forward their comments and recommendations in writing to the Division of City Planning and the applicant's contact person as listed in the application form within fourteen (14) days after the receipt of the final application.

C.

Amendments to the Plan. If as a result of review of any governmental agencies, there are changes to the approved plan, then the applicant shall submit an amended application to the reviewing Board.

D.

Board Action.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

Upon submission of application documents, City Planning Staff will review the contents of the submission package to verify that it is a valid Application for Development. Upon verification, the application will be formally confirmed as "submitted" and development review will commence.

2.

The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the "Map Filing Law" P.L. 1960, c. 141. In the case of a planned unit development, planned unit residential development or residential cluster, the 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.

3.

Final approval shall be granted or denied within forty-five (45) days after submission of a complete application 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 final approval and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the County Register for purposes of filing.

4.

Applicants who request extensions to the period of time within which the Planning Board may act are permitted to do so for one-month intervals, not to exceed three (3) months total. There shall be no limit to extensions requested by City Planning Staff, so long as the applicant agrees to said extensions.

5.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.1 or 40:27-6.6, the Board shall condition its approval upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

E.

Effect of Final Approval.

1.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer including any associated variance approval, pursuant to this Article, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of major subdivision the rights conferred by this Article shall expire if the plat has not been duly recorded within the time period provided in this article. If the developer has followed the standards prescribed for final approval and, in the case of subdivision, has duly recorded the plat with the County Register in accordance with this article, Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Article, the granting of final approval terminates the time period of preliminary approval pursuant to this Article, for any section of the development which is granted final approval.

2.

In the case of a subdivision or site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for the development of nonresidential floor area of two hundred thousand (200,000) square feet or more, Board may grant the rights referred to in this Article for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:

a.

The number of dwelling units and non-residential floor area permissible under final approval.

b.

Economic conditions.

c.

The comprehensiveness of the development. The developer may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration the following:

i.

The number of dwelling units and nonresidential floor area permissible under final approval;

ii.

The number of dwelling units and nonresidential floor area remaining to be developed;

iii.

Economic conditions; and

iv.

The comprehensiveness of the development.

3.

Whenever the Board grants any extension of final approval pursuant to this Article and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

4.

The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before (a) what would otherwise be the expiration date of final approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this Article shall not preclude the Board from granting an extension pursuant to subsections (E)(1) and (2) of this section.

F.

Conditions of Approval.

1.

Conditions Binding. All conditions of preliminary and final approval shall be binding upon the applicant, all present and future owners, tenants, users and occupants of the property and their respective successors and assigns.

2.

Failure to Maintain. The applicant and any successor in interest shall be responsible for installing and maintaining in good order and condition all required improvements and landscaping, unless such improvements and landscaping are to be installed by, and/or dedicated to and maintained by the City, County or another party, under the terms of approval granted by the Board. Such required improvements shall include, but not be limited to, parking improvements, buffer zones, drainage facilities, exterior lighting and landscaping. Failure of any responsible party to install and/or maintain required improvements or landscaping, shall constitute a violation of this Chapter and shall be subject to the enforcement procedures set forth in this Chapter.

3.

Payment of Taxes and Assessments. As a condition of approval all taxes or assessments for local improvements shall be paid on the property for which any application is made.

G.

Expiration of Final Major Subdivision Approval.

1.

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 applicant with the County Register. The 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. The Board may extend the ninety-five (95) day or one hundred ninety (190) day period if the applicant proves to the reasonable satisfaction of the Board (a) that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (b) that the applicant applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.

2.

No subdivision plat shall be accepted for filing by the County Register until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson, Secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has posted the performance guarantees required by this Chapter and has satisfied all other applicable conditions of final approval. If the County records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

H.

Inactive Applications.

[Amended 2-23-2011 by Ord. No. 11-023]

1.

Any application for Final Major subdivision or Final Major site plan which has remained inactive and incomplete for six consecutive months shall be subject to dismissal by City Planning Staff.

2.

In order to be dismissed for inactivity, City Planning Staff must first provide a written warning to project applicant. A thirty (30) day time period must be provided for the applicant's response demonstrating diligence towards obtaining Board approval, including but not necessarily limited to fee payment in full and plan revisions.

3.

If after thirty (30) days from the date of contact for inactivity pursuant to H.2 above, the applicant has not responded to City Planning Staff, has not submitted application fees, and/or has not demonstrated diligence towards obtaining Board approval, the application may be permanently dismissed by City Planning Staff.

[Amended 2-23-2011 by Ord. No. 11-023]

Applications for amended site plan or subdivision review shall be governed by the same requirements as all other applications for Preliminary Major Subdivision or site plan approval. Amendments shall be necessary for any application with minor changes. Projects with changes involving substantial redesign, a change of twenty percent (20%) or more (either increasing or decreasing) in the number of units, or a change of twenty percent (20%) or more (either increasing or decreasing) in the number of stories, shall not be considered amendments but will require a new Application for Development.

The submission requirements and review process for conditional use applications shall be the same as for a major site plan, except as set forth below.

A.

The Board shall grant or deny an application for conditional use approval within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant.

B.

The Board shall approve or deny a conditional use application simultaneously with any accompanying subdivision and/or site plan application. The longest time period for action by the Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the applicant, notice of the hearing on the application shall include reference to the request for conditional use approval.

Whenever review or approval of a development application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board, The County Planning Board's failure to report thereon within the required time period provided by law shall be considered a favorable response. Whenever County Planning Board review or approval is required, the applicant shall be responsible for filing all necessary applications, plans, reports and other documents directly with the County Planning Board.

[Amended 5-14-2003 by Ord. No. 03-059]

A.

When all conditions of any minor, preliminary or final approval have been met, the applicant shall submit to the Board Secretary at least four copies of the approved plan(s) with all revisions required by the conditions of approval. The approved plan(s) shall then be signed by the Board Chairperson, and Secretary. Three sets of signed plans go the Division of Zoning, two of these sets shall be forwarded by the Director of Zoning to the Building Department and a fourth set shall be retained on file by the Division of City Planning. If more than four sets are submitted and signed, the additional signed set shall be returned to the applicant.

B.

In addition to the foregoing, whenever any subdivision is to be perfected by the filing of the approval plat with the County Register in conformance with the Map Filing Law, the applicant shall submit to the Board Secretary, simultaneously with the plans described in subsection (A) of this section, two mylars and at least four paper prints of the plat intended for recording. Provided that it conforms to the Map Filing Law, the plat intended for recording shall be signed by the Board Chairperson and Secretary simultaneously with the signing of the approved plans submitted pursuant to subsection (A) of this section. After signing, one mylar and all paper prints of the plat so signed shall be returned to the applicant for recording with the County Register.

C.

Following the filing of any approved subdivision plat or minor subdivision deed with the County Register, the applicant shall promptly deliver to the Board Secretary at least four copies of the filed plat or recorded deed, as the case may be.

D.

Whenever any subdivision is to be perfected by the filing of the approved plat with the County Register, and when the engineering review of such subdivision has been performed by the Board Engineer, the plat intended for recording shall be signed by the Municipal Engineer.

E.

The Division of City Planning shall maintain at least one true copy of all signed and approved site plans and subdivision deeds and all signed, approved and filed subdivision plats.

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision three years preceding the effective date of the Act, may apply in writing to the Administrative Officer, for the issuance of a certificate certifying whether or not such subdivision has been approved by the Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

A.

Certificate of Appropriateness/Certificate of No Effect. No permit shall be issued or amended nor shall any construction, alteration, minor alteration, ordinary maintenance and repair or demolition be started on a landmark building nor on any sign, building, structure, object, site or landscape feature within a designated historic district, whether or not a construction permit is required, prior to a filing of an application for review by the Historic Preservation Commission and the issuance of a Certificate of Appropriateness or a Certificate of No Effect.

[Amended 11-10-2010 by Ord. No. 10-129; 5-26-2021 by Ord. No. 21-036]

1.

Application for review. The Historic Preservation Commission staff maintains and makes updates as necessary to the Application for the Certificate of Appropriateness and/or a Certificate of No Effect (also known as "Historic Preservation Application"). A copy of the Application is available upon request from the Division of City Planning staff or a digital version is accessible through the City's official website.

2.

Review process.

a.

Applications must be submitted to the Division of City Planning a minimum of fourteen (14) business days prior to a Commission's regularly scheduled meeting and shall be reviewed for completeness by the Historic Preservation Officer as per the Historic Preservation Commission application checklist provided in this Article. The Historic Preservation Officer shall refer all applications for new construction, alterations, relocation or demolition to the Historic Preservation Commission for review. Applications referred to the Historic Preservation Commission must be complete at least ten (10) days prior to a hearing date for the purpose of scheduling. At least ten (10) days prior to the hearing the applicant shall post a notice on the property on a form provided by the Division of City Planning. Applications for minor alterations and ordinary maintenance and repair may be reviewed by the Historic Preservation Officer who, at his or her discretion may issue a Certificate of No Effect, may require additional submittal information and/or refer the application to the Commission upon being deemed complete. A Certificate of No Effect shall require the signature of the Director of City Planning.

b.

In making such a determination the Historic Preservation Officer shall consider the effect of the proposed work in creating, altering, destroying or affecting the architectural features of the landmark building, structure, object, site or landscape feature upon which such work is to be done and the relationship between the results of such work and the architectural features of neighboring buildings, structures, objects, sites and landscape features. In appraising such effects and relationships, factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color in addition to any other pertinent matters shall be considered. These criteria are listed in addition to those which are found elsewhere in this Article.

c.

The Commission may advise the applicant and make recommendations with regard to the appropriateness of the proposed action at the public hearing. These recommendations may become part of the conditions for approval of an application, may be referred to a subcommittee of the Commission for further review with the applicant's consent or the basis for the rejection of an application.

d.

The outcome of all Commission decisions shall be recorded by the Historic Preservation Officer and presented to the Administrative Officer by the close of the following business day.

e.

If an application is approved, a Certificate of Appropriateness or Certificate of No Effect shall be issued promptly by the Commission. The chairperson or acting chairperson and one other Commission member shall sign all Certificates of Appropriateness.

f.

If the Commission disapproves an application, the Commission shall state its reasons in writing to the applicant within ten (10) days of such decision.

3.

Reapplication for Certificate of Appropriateness. If an application for a Certificate of Appropriateness is denied, another application pertaining to the same site, structure, building, object or landscape feature shall not be resubmitted for consideration until one year has elapsed from the date of disapproval unless a substantially different application is resubmitted or if there has been a change in circumstances. The Commission may waive, by five affirmative votes, the aforementioned time restriction if an application presents substantial evidence providing the above. If a waiver is granted, a new application shall be filed as per the procedures set forth herein.

B.

Appeals to the Board of Adjustment.

[Amended 11-10-2010 by Ord. No. 10-129]

1.

An applicant dissatisfied with the action of the Commission resulting in the denial of a Certificate of Appropriateness shall have the right to appeal to the Board of Adjustment within twenty (20) days after receipt of notification of such action. The applicant shall be advised by the Secretary to the Board of Adjustment of the time and place of the hearing at which the appeal will be considered and shall have all rights defined under N.J.S.A. 40:55D-70, Subsection a.

2.

A Certificate of Appropriateness or a Certificate of No Effect shall be valid for a period of one year from the date of issue unless reasonable extensions are granted by the Commission; requests for extensions shall be made by written request and shall require five affirmative votes. If a permit is also required and is obtained prior to expiration of the one-year period, then the certificate shall be valid for the life for the permit.

C.

Emergency procedure.

1.

In the event that an act of God or any other unexpected event shall cause a property owner the need for immediate issuance of a building permit or other permit to commence to stabilize, secure, repair or protect a landmark building, structure, object, site or landscape feature damaged from such event, and a Certificate of Appropriateness or a Certificate of No Effect is a condition precedent to the issuance of such permit, and the Construction Code Official certifies the immediate necessity for such permit issuance, a Notice to Proceed may be issued in forthwith. In the event that a Notice to Proceed is issued, following emergency stabilization, the property owner is required to submit to the Historic Preservation Commission a full structural stabilization and remediation plan which shall be prepared by a licensed structural engineer. The applicant may proceed with construction in accordance with the submitted plan only upon approval of a Certificate of Appropriateness or Certificate of No Effect, unless conditions affecting the stability of the subject structure change and make necessary a new Notice to Proceed.

2.

All other subsequent work must be submitted for review by the Historic Preservation Commission under the application procedures found elsewhere in this Article.

D.

Reserved.

Editor's note— Ord. No. 11-045, adopted April 27, 2011, amended the Code by repealing former subsection D. Former subsection D pertained to a Certificate of Economic Hardship, and derived from Ord. No. 10-106, adopted September 15, 2010.

E.

Application for demolition permit.

[Amended 9-15-2010 by Ord. No. 10-106]

1.

The following shall be considered in regard to an application to demolish an individual landmark building, structure, site or object or any building, structure, site or object contained within a historic district:

a.

Its historic, architectural and aesthetic significance.

b.

Its use.

c.

Its importance to the city and the extent to which its historic or architectural value is such that its removal would be detrimental to the public interest.

d.

The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.

e.

The probable impact of its removal upon the ambience of the historic district.

f.

The structural soundness and integrity of the building so as to comply with the requirements of the state uniform code.

g.

The effect on the remaining portions of the building, structure, site, object or landscape feature in cases of partial demolition.

2.

In the event that a structure is unsafe or unsound so as to impose a danger to health or safety, the power and authority of the City of Jersey City to demolish the structure, as otherwise provided by law, shall not be impaired or altered in any way by the provisions of this Chapter. The city shall be exempt from making an application to the Commission but shall notify the Commission prior to the demolition.

3.

If an application to demolish is denied, the applicant shall follow the appeal process detailed herein for denial of Certificates of Appropriateness.

F.

Procedure for nominating sites, landmarks and districts for local designation. Any interested party may nominate a site, landmark or district for local designation. The nomination may originate at either the Historic Preservation Commission, the Planning Board or City Council; however, in any case, it shall be reviewed by all these bodies.

G.

Historic districts/landmarks. Pursuant to this section, the following historic districts and landmark buildings, objects, sites, structures or landscape features are designated and recognized as "historic" and shall enjoy the protection of law as herein provided.

[Added 1-22-2003 by Ord. No. 03-009; amended 1-11-2006 by Ord. No. 05-176; 3-23-2011 by Ord. No. 11-031; 6-19-2013 by Ord. No. 13-079; 6-10-2015 by Ord. No. 15-040; 7-12-2023 by Ord. No. 23-070]

[Amended 1-25-2006 by Ord. No. 06-002; 1-11-2006 by Ord. No. 05-170; amended 6-17-2009 by Ord. No. 09-070; 8-12-2009 by Ord. No. 09-091; 11-10-2010 by Ord. No. 10-133; 2-23-2011 by Ord. No. 11-023; 9-27-2011 by Ord. No. 11-112; 5-9-2012 by Ord. No. 12-060; 12-17-2014 by Ord. No. 14-156; 5-10-2017 by Ord. No. 17-052; 5-26-2021 by Ord. No. 21-036]

A.

No submission shall be deemed a complete application unless the items, information and documentation listed in the applicable checklist are submitted to the Division of City Planning. If any required item is not submitted, the applicant must request in writing a waiver and state the reasons supporting each such request.

B.

General development application. The Division of City Planning maintains and makes updates as necessary to the General Development Application. A copy of the Application is available upon request from Division of City Planning staff or a digital version is accessible through the City's official website.

C.

General development checklist.

[Amended 6-14-2023 by Ord. No. 23-051

D.

Application for the Certificate of Appropriateness and/or a Certificate of No Effect. The Historic Preservation Commission staff maintains and makes updates as necessary to the Application for the Certificate of Appropriateness and/or a Certificate of No Effect (also known as "Historic Preservation Application"). A copy of the Application is available upon request from the Division of City Planning staff or a digital version is accessible through the City's official website.

E.

Historic Preservation Commission ("HPC") application checklist.

*A manufacturer or supplier's written description or prepared drawings of the proposed feature may be substituted for the above (*) at the discretion of the Historic Preservation Officer

*A manufacturer or supplier's written description or prepared drawings of the proposed window may be substituted for the above (*) at the discretion of the Historic Preservation Officer

*A manufacturer or supplier prepared drawings or written description of the proposed door may be substituted for the above (*) at the discretion of the Historic Preservation Officer

F.

Utility, Infrastructure, and Refuse Form. The Division of City Planning maintains and makes updates as necessary to the Utility, Infrastructure, and Refuse Form ("form"). A copy of the form is available upon request from Division of City Planning staff or a digital version is accessible through the City's official website. The form is a checklist item of a general development application.

G.

Subdivision map digital submission standards. Applicant shall submit a digital subdivision map that meets or exceeds the standards of the New Jersey Division of Taxation and common New Jersey Land Surveying practices. The digital subdivision map shall meet or exceed the standards set forth below. Submissions which do not meet these standards or are unreadable will be returned to the applicant.

1.

It is the City's intention to use the subdivision map digital CAD deliverables for inclusion in the Jersey City GIS database and for the maintenance of the City's tax maps. The digital data submitted shall be such that it will be capable of being processed through typical GIS feature development techniques, for both linework and attribute data, with minimal to no editing of the source CAD data, translation, or other maintenance.

2.

Subdivision map information shall be input into a computer utilizing a commercially available computer drafting package. The CAD software output shall be readable by AutoCAD release 2000 or greater.

3.

Each subdivision map sheet shall be constructed full scale and georeferenced to the New State Plane Coordinate NAD83.

4.

Subdivision map shall be prepared in such a way that all different types of lines are placed on separate layers. The layers to include dimensions/verbiage and locating arrows or directional indicators.

5.

Layering shall be the same for all subdivision sheets with each sheet containing the full layer set even though some layers may be void of data. Layer names shall be all upper case and contain no spaces. Underscores may be used to separate portion of the layer names.

6.

The subdivision map shall not contain any duplicate linework (i.e. no lines on top of lines). All intersecting lines shall be snapped to within 0.01 feet. There shall be no undershoots or overshoots, and all short line segments shall be deleted.

7.

All curves including those along street centerlines shall be true curves. All straight lines between lot corners shall consist of a single line segment with no intermediate nodes. All property boundaries shall be broken at lot line intersections.

8.

All files pertaining to the project are to be submitted to one or more CDs or DVDs with an attached table of contents of files including file names and descriptions.

[Added 4-11-2012 by Ord. No. 12-044; amended 5-26-2021 by Ord. No. 21-036]

As determined by the Planning Board, applicants are required to bring at least one physical or digital set of any necessary site plans, including floor plans and elevations; subdivision plats; photographs; and appropriate material samples and/or material boards and/or color catalog cuts of primary façade materials to the hearing for Board review. These plans, exhibits, and material samples shall be in a form presentable for Commissioner and audience benefit. Any experts who testify must be licensed in the State of New Jersey, when and if required by law.