City of Newark Central Planning Board/Zoning Board of Adjustment application.

Six sets of "Before Subdivision" and "After Subdivision" plats. Within this plat, include the area in square feet and acres both before and after. Both the before and after plats shall include lot numbers.

Six sets of the block diagram showing all properties within a radius of 200 feet from all corners of the property in question.

Six sets of the metes and bounds description of all existing and proposed lots. This should include one before description and one after description for all lots for which the lot line(s) is being altered. Metes and bounds shall be included on all plans.

Two copies of any protective covenants or deed restrictions applying to the land being subdivided.

The following must be submitted at least two days prior to the hearing:

Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with the rest of the required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).

The Central Planning Board may extend the 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:

City of Newark Central Planning Board/Zoning Board of Adjustment application.

Six sets of "Before Subdivision" and "After Subdivision" plats. Within this plat, include the area in square feet and acres both before and after. Both the before and after plats shall include lot numbers.

Six sets of the block diagram showing all properties within a radius of 200 feet from all corners of the property in question.

Six sets of the metes and bounds description of all existing and proposed lots. This should include one before description and one after description for all lots for which the lot line(s) is being altered. Metes and bounds shall be included on all plans.

Two copies of any protective covenants or deed restrictions applying to the land being subdivided.

Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with the rest of the required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).

If any substantial modification is proposed or required after preliminary approval has been granted, an application for such modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with application for final approval. In either case, notice pursuant to N.J.S.A. 40:55D-1 et seq. shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which: (a) increases the density of development; (b) increases the square footage of buildings; (c) proposes a different use; (d) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to, noise, glare and increased drainage runoff; or (e) materially changes a required element of the development plan.

If the Central Planning Board or the Zoning Board of Adjustments required any substantial amendment in the layout of improvements proposed by the developer, that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Central Planning Board shall, if the proposed development complies with the ordinance and the Municipal Land Use Law, grant preliminary approval.

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 particular to the 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 the public health and safety.

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.

That the applicant may apply for and the Board may grant extension on such preliminary approval 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.

Whenever the Board grants an extension of preliminary approval pursuant to the previous paragraphs above 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.

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 previous paragraphs above.

Four copies of the "Before Subdivision" and "After Subdivision" plats containing all of the information and required changes requested during preliminary review of the sketch plat.

Applications for approval of a final plat shall be submitted to the Central Planning Board by the developer within three years following the date of preliminary approval. The final subdivision plat submission requirements shall be the same as required for the preliminary subdivision plat requirements under this Chapter.

The final plat shall conform to the preliminary plat as given tentative approval, except that it may consist of one section of the whole.

The final plat shall be accompanied by a written statement by the Director of the Department of Engineering that he or she has received a map showing all improvements, both proposed and existing, in exact location and elevation, identifying those portions already installed and those to be installed and that the subdivider has complied with either or both of the following requirements:

Digital Submission Requirement: All required documents shall also be submitted digitally on a USB drive, which shall be submitted with other required documentation. The digital files shall be combined into a single Adobe Portable Document File (PDF file format).

If the Central Planning Board or the Zoning Board of Adjustments approves the final plat, a statement to that effect shall be made on the plat and it shall be signed by the Chairperson and the Secretary to the Board.

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 the standards prescribed in the Map Filing Law, P.L. 1960, c. 141.

Final approval shall be granted or denied within 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 Secretary of the Central Planning Board as to the failure of the Board to act shall be issued on request of the applicant.

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 on 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.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, 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 a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided below. 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 Recording Officer in accordance with below, the Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval, for any Section of the development which is granted final approval.

Whenever the Board grants any extension of final approval pursuant to the preceding paragraph, 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.

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 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 required 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 section shall not preclude the Board from granting an extension pursuant to the preceding paragraphs.

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.

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 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 limited to, parking improvements, buffer zones, drainage facilities, exterior lighting, and landscaping. Failure of any responsible party to install and/or maintain the required improvements or landscaping shall constitute a violation of this Chapter and shall be subject to the enforcement procedures set forth herein.

The prospective purchaser, prospective mortgages, or any other person interested in any land which forms part of a subdivision, or which formed part of a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Secretary to the Central Planning Board for the issuance of a certificate attesting whether or not such subdivision has been approved. 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.

The Secretary to the Central Planning Board shall make and issue such certificate within 15 days after receipt of such written application and the fee of $3. The Secretary to the Central Planning Board shall keep a duplicate copy of each certificate consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in his/her office.

Each certificate shall be designated a "Certificate as to Approval of Subdivision of Land" and shall certify:

The fees collected by the Secretary to the Central Planning Board shall be paid by the applicant to the City of Newark.

Any person who shall acquire for a valuable consideration an interest in the land covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of N.J.S.A. 40:55D-55.

Fifteen days after receipt of an application and the proper fee, any person acquiring an interest in the land described in such application shall hold any interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to N.J.S.A. 40:55D-55.

Any such application addressed to the Secretary to the Central Planning Board shall be deemed to be addressed to the proper designated officer and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.

Final approval of a major subdivision shall expire 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. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the 95 or 190 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 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.

No subdivision plat shall be accepted for filing by the County until it has been approved by the Board as indicated on the instrument by the signature of the chairperson and secretary of the Board. The signatures of the Board Chairperson and Secretary shall not be affixed until the developer has satisfied all 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 City, the plan shall be expunged from the official records.

The subdivision plat shall be clearly and legibly drawn and certified by a Land Surveyor licensed to practice in the State of New Jersey.

Subdivision plat shall be prepared pursuant to the "Map Filing Law" (N.J.S.A. 46:23-99 et seq.) and the title block shall conform to N.J.A.C. 13:40-1 and N.J.A.C. 13:40.

The subdivision plat shall conform to the provisions of the following:

The maps shall be sealed and signed by the Land Surveyor.

The plat shall be clearly and legibly drawn and certified by a land surveyor licensed to practice in the State of New Jersey.

The plat shall be drawn on sheets of 15 inches by 21 inches or larger, as measured from the cutting edge and shall show elements of this Chapter on a "Before Subdivision" and "After Subdivision" plan on a single sheet and so designated. If one sheet is not of sufficient size to contain the entire territory, the plat may be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets.

Graphic and written scale shall not be smaller than one inch - 100 feet, North arrow and geographic reference meridian, and drawing and the date of the survey.

Street address, block and lot numbers, tax assessment volume and sheet number, and the name(s) and address(es) of the record owner(s) and owner's agent, if any.

Key Map showing the subdivision tract boundary lines and the surrounding area within 200 feet of the extreme boundaries of the subdivision.

The right-of-way lines of streets, street names and width easements and other right-of-way lines along with their purpose, all lot lines, other site lines and areas dedicated for public use with accurate dimensions, bearings and radii, lengths and central angles for all curves sufficient to enable the definite location of all lines and boundaries shown thereon.

Proposed use of the area and all existing structures standing upon or below the surface within the area to be subdivided and within 100 feet of the area with the detailed use of each of the structures and whether the structures are to remain or be removed.

All existing lots and blocks within 200 feet of the subdivision.

Acreage and square footage of all lots, as well as the total acreage and square footage of all lots with lines to be altered. Calculations shall be made to the nearest tenth of an acre and nearest square foot. Show all trees and limits of clearing.

There shall be submitted on the application the names, addresses and telephone numbers of all owners to title of the land subdivided by said plat, with their signature indicating their consent to the approval of said subdivision.

Existing monument locations.

Contours at two feet intervals for slopes averaging 10% or less and at five foot intervals for greater slopes. All contour lines shall be referenced to the United States Geological Survey Datum.

Typical cross-section which clearly indicates the type and width or pavement and locations of curb, sidewalks and planting strips (proposed cross-section). Existing and proposed profiles shall be shown.

Plans and profiles of proposed utility layout (storm sewers, sanitary sewers, water and gas mains, and electrical facilities) showing feasible connections to existing or proposed utility systems.

Conform to all other technical design controls required by the provisions of all other municipal ordinances.

Preliminary Subdivision.

Final Subdivision.

The following items shall also be included in addition to the requirements of the preliminary subdivision for the final subdivision plat details submission.

The Board shall grant or deny an application for conditional use approval within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. If relief is requested pursuant to N.J.S.A. 40:55D-70d, the Board shall grant or deny within 120 days of submission of a complete application or within such further time as consented by the applicant.

The Board shall approve or deny a conditional use application simultaneously with any accompanying subdivision application. The longest time for action by the Board, whether it be for conditional use or subdivision 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.

In approving a conditional use, a time limit of one year from the date of the approval shall be set within which the owner shall secure a construction permit; otherwise the approval shall be null and void. The Board may, for good cause shown, extend the period for securing a construction permit for an additional period not exceeding six months.

The conditions for approval shall be those specifically set forth in this Chapter as well as the applicable area and yard requirements listed in each zoning district, the parking and buffer requirements set forth in this Title.

No final plats shall receive final approval unless the developer shall have installed the required improvements or shall have furnished the Central Planning Board with a performance guarantee bond of sufficient amount as established by the Director of Department of Engineering for the purpose of assuring installation and maintenance of on-tract improvements:

The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by the Municipal Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Director of the Department of Engineering according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

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 City of Newark for the reasonable cost of the improvements not completed or corrected and the City of Newark may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law" N.J.S.A. 40A:11-1 et seq.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Municipal Council in writing, by certified mail addressed in care of the City Clerk, that the Director of the Department of Engineering prepare, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering and appended to the performance guarantee pursuant to above, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Director of the Department of Engineering. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Director of the Department of Engineering shall inspect all improvements covered by obligor's request and file a detailed list and report, in writing, with the Municipal Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The Municipal Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Director of the Department of Engineering, or reject any of all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Director of the Department of Engineering and appended to the performance guarantee in accordance with this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Director of the Department of Engineering. Upon adoption of the resolution by the Municipal Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Municipal Council or the Director of the Department of Engineering.

The obligor shall reimburse the City of Newark for all reasonable inspection fees paid to the Director of the Department of Engineering for the foregoing inspection of improvements; provided that the City of Newark may require of the developer a deposit for the inspection fees in the amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

In the event that final approval is by stages or sections of development pursuant to Subsection a. of N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.

To the extent that any of the improvements have been dedicated to the City of Newark on the subdivision plat, the Municipal Council shall be deemed, upon the release of any performance guarantee required pursuant to this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Director of the Department of Engineering.

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.