Newark City Zoning Code
Chapter
41:16 Additional Zoning and Design Standards
§ 41:16-1 Applicability.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any provision of this Chapter identified as a design standard shall be applicable to applications for subdivision and/or site plan approval. Any provision identified as a zoning standard shall be applicable to any application for development.
§ 41:16-1-1 Variances and Waivers.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any deviation from a provision of this Chapter which is identified as a design standard shall require a waiver by the Central Planning Board and the Zoning Board of Adjustment from the specific design standard for a site plan application. Any other deviation from a standard contained in this Chapter shall require a variance from the specific standard in accordance with the Municipal Land Use Law.
§ 41:16-2 Landscaping For Buildings and Yards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-2-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and screening requirements.
2.
Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and/or the use of building and paving materials in an imaginative manner.
3.
Landscaping shall be provided for all residential, commercial, and industrial sites. Landscaping is required to meet the following objectives, however, nothing contained therein shall prevent the Central Planning Board from requiring additions or revisions to the landscape plan for the development.
a.
Architectural Use. Landscaping shall be used to form walks, corridors, canopies, or floors of varying heights and densities. Planting shall be used as barriers to provide private, semi-private, and public space within planned unit developments, cluster housing, etc.
b.
Engineering Use. Landscaping shall be used to control lighting, glare, and reflection, noise, soil erosion, provide for drainage control through the use of swales, and recharge areas, and for climate control for purposes of shading, wind reduction, snow fencing and insulation for buildings.
c.
Aesthetic Use. Landscaping shall be used to provide buffers and screening for parking areas, loading zones, refuse collection areas, and to enhance building design.
d.
Plans shall clearly indicate all existing trees and their size in inches of diameter at breast height (dbh), to be removed due to the construction for which the applicant is seeking permission. The developer must provide, on-site, replacement trees, the combined cross sectional area of which measured at diameter at breast height, must be equal to or greater than the area or combined areas as measured in cross section of trees removed. All replacement trees, as to species and type, are to be approved by the Newark Planning Office and shall be planted at a minimum initial diameter of three inches (dbh). If the site cannot accommodate the number of trees hereby required as replacement, the developer may be required to pay to a special fund, known as the Tree Planting and Preservation Fund, an amount determined by the Newark Planning Office to be equal to the value of the trees and the planting cost per the discretion of the Central Planning Board or the Zoning Board of Adjustment.
4.
Selection of landscaping shall prioritize native species suited for USDA Plant Hardiness Zone 7a, urban areas, and/or the specific site soil and drainage conditions.
5.
Where trees cannot be planted due to soil conditions or underground obstructions such as utilities, structured planters may be used to satisfy planting requirements subject to approval by the Department of Engineering and/or the City Arborist.
6.
To the extent feasible, shade trees shall be planted in continuous trenches rather than individual pits. Design shall be subject to approval by the Department of Engineering and/or the City Arborist.
§ 41:16-2-2 Zoning Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
All of the lot area not covered by buildings, parking areas, driveways, sidewalks and other impervious surfaces shall be landscaped with vegetative land cover.
2.
On-Site Trees.
a.
For each 25 feet of lot width in a required primary front yard adjacent to a public street, there shall be at least one tree planted with a minimum of 2 1/2 to three inches in caliper and eight feet in overall height at the time of installation. There shall be a minimum pervious area of 25 square feet per tree.
b.
Where more than one tree is required, such trees may be planted in appropriate clusters or groups. Trees shall be mulched with at least two inches of bark mulch or other material commonly used for the purpose. If the front yard is greater than 10 feet in depth, any required trees shall be planted in the front yard, otherwise required trees may be planted within the side and/or rear yards. No trees shall be required where no yards have a depth less than 10 feet.
3.
Shade trees.
a.
Shall be planted along streets spaced at a maximum of 35 feet center at center and shall be three inches to four inches in caliper which shall be measured six inches from the ground level after planting.
b.
Generally, shade trees shall be located within the right-of-way between the sidewalk and curb line. However, alternate locations may be permitted subject to review by the City Arborist, or in the absence of such review, by the Department of Engineering.
c.
Where an applicant demonstrates specific hardship related to factors beyond their control, a contribution in lieu of tree planting shall be made to the City Shade Tree Fund in the amount of $2,000 per tree.
4.
Prohibited tree species. The following tree varieties may not be planted and are prohibited:
a.
Bradford Pear/Pyruscalleryana 'Bradford'.
b.
Empress Tree/Paulownia tomentosa.
c.
Tree of Heaven/Ailanthus altissima.
d.
White Poplar & Lombardy Poplar/Populus alba & Populusnigra.
e.
Russian Olive.
f.
Siberian Elm.
g.
Amur Maple.
h.
Silver Maple.
i.
Norway Maple.
j.
Gingko Biloba - female.
In addition, no tree listed on the NJDEP Invasive Plant List or USDA Invasive Plants Field and Reference Guide may be planted. |
§ 41:16-3 Buffer Areas.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-3-1 Zoning Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Buffer areas shall be provided along the entire linear footage of lot lines where a non-residential use or district line abuts a residential use except that where a new residential use is proposed on a lot adjoining an existing non-residential use or district line, the proposed residential use shall provide the buffer.
2.
Buffer areas shall be planted with a combination of evergreens, deciduous trees and shrubs of such species and sizes which will produce within two growing seasons a living screen at least six feet in height. Buffers shall be of a density so as to obscure throughout the full course of the year the glare of automobile headlights or other bright sources of illumination emanating from the premises.
3.
Buffer areas shall not be less than five feet in width. Where such width is not practical in the side or rear yard, decorative fencing subject to the requirements of Section 41:16-5 of this Chapter, shall be provided in lieu of a landscaped buffer. However, chain link fencing shall not be used for buffer purposes.
4.
No activity, outdoor storage of materials or parking of vehicles shall be permitted in the buffer area except for access driveways, directional signs, and permitted signs.
5.
Buffer areas shall be placed so that at maturity they will not protrude across any street or property line and so that a clear sight triangle shall be maintained at off-street intersections and at all points where private accessways intersect a public street.
§ 41:16-3-2 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Within a buffer area, a solid and continuous landscape screen shall be planted and maintained. Planted materials in the buffer zone shall be placed within the buffer and shall be sufficiently large and planted in such a fashion that a screen at least eight feet high, occupying 50% of the width of the buffer shall be produced within three growing seasons. The buffer may consist of evergreen and deciduous plants, natural features, berms, fencing, mounds or combinations to achieve objectives. A variety of plant material providing seasonal color and interest should be provided. Possible arrangement of plant material includes plantings in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet and the maximum side slope shall be 2:1. The intense density of the buffer screen may be reduced by the board if it is found that the proposed use is visually attractive and not detrimental to the appearance of the neighboring uses.
2.
All buffer zones and other areas subject to the landscaping requirements of this section, including all trees, shrubbery, grass and fences located therein, shall be properly maintained for a period of 12 months. The applicant or developer shall post with the City a maintenance bond in an amount equal to 1/2 of the total cost of the installation of all landscaping required by this section. Said maintenance bond shall be in addition to any performance bond required. All plantings which shall fail to survive for a period of 24 consecutive months shall be replaced by the applicant or developer at their expense. Such replacement shall be made within 60 days following a written demand for replacement or within such extended period of time as may be specified. Such replacement plantings shall conform to the standards applicable to original plantings as set forth in this section.
§ 41:16-4 Screening of Uses and Activities.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-4-1 Zoning Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The following uses and activities visible from any public right-of-way shall be screened as follows.
1.
Refuse Disposal Dumpsters, Trash and Recycling Containers.
a.
Screening shall consist of an opaque fence or wall with a minimum height of six feet.
b.
Where such walls and/or fences are visible from any public way, there shall, where possible, be plantings visually consistent with other required landscaping. Such plantings shall be planted at a minimum initial planting height of three feet.
c.
Chain link fencing and gates with or without vinyl slats shall not be permitted for screening purposes.
2.
Loading Berths.
3.
Outdoor Manufacturing Activities.
a.
Screening shall consist of a solid fence or wall a minimum of six feet or of such height necessary to screen such storage from view from the public street or adjacent properties. In the alternative, a continuous evergreen or dense deciduous shrub hedge, or a combination of the two may be used.
b.
Chain link fencing and gates with or without vinyl slats shall not be permitted for screening purposes.
4.
Ground-Mounted Mechanical Equipment.
a.
A wall or planting shall be installed to screen ground-mounted mechanical equipment from view on all sides.
b.
The material, finish and design shall be architecturally compatible with the exterior facade of the principal structure on the lot.
c.
All plantings shall be planted at a minimum initial planting height of three feet.
5.
Rooftop-Mounted Mechanical Equipment.
a.
Architectural screening shall be installed so as to screen the rooftop mounted mechanical equipment from view from all sides from which it may be visible. However, no additional screening shall be required where the parapet wall is at least as tall as the rooftop mechanical structure.
b.
Screening shall consist of architectural elements of a height equal to the mechanical equipment.
c.
The material, finish and design shall be architecturally compatible with the exterior facade of the principal structure on the lot.
d.
Rooftop mounted mechanical equipment shall be set back from the edge of the roof at least one foot for each one foot by which rooftop mechanical structures project above the roofline. No setback shall be required if the parapet wall is at least as tall as the rooftop mechanical structure.
§ 41:16-5 Fences and Walls.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-5-1 Zoning Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Residential Uses. Fences or walls or a combination of the two, may be constructed between the building line and the property line as follows:
a.
Height restrictions.
i.
The maximum allowable fence height shall be three feet in front yards. Fences shall not be solid.
ii.
The maximum allowable height shall be six feet in side and rear yards.
iii.
Where a residential use is adjacent to an industrial use, the side and rear yards may have a fence or wall up to eight feet in height.
b.
Material and Style.
i.
Fences shall be of a consistent, ornamental nature such as wrought iron, picket wood, or tubular metal fencing. The minimum width of vertical bars shall be 0.5 inch and the maximum spacing of the bars shall be four inches.
ii.
Walls shall consist of brick, stucco, decorative concrete, natural stone, or other similar decorative material shall be used.
iii.
PVC Vinyl or wood stockade fences are permitted only in rear yard areas.
iv.
No solid fencing is permitted along a public right-of-way line or in a front yard.
v.
Gates shall not swing into the public right-of-way.
vi.
Chain link fencing shall not be permitted.
2.
Commercial Uses. Fences or walls or a combination of the two, may be constructed between the building line and the property line as follows:
b.
Material and Style.
i.
Fences in a front yard shall be of a consistent, ornamental nature such as wrought iron, picket wood, or tubular metal fencing. The minimum width of vertical bars shall be 0.5 inch and the maximum spacing of the bars shall be four inches.
ii.
Chain link fencing shall only be permitted in a side or rear yard.
iii.
Where walls are utilized, walls consisting of brick, stucco, decorative concrete, natural stone, or other similar decorative material shall be used.
3.
Industrial Uses. Fences or walls or a combination of the two, may be constructed between the building line and the property line as follows:
a.
Height restrictions.
i.
The maximum allowable height shall be six feet in any yard area, except as noted elsewhere in this section. Fences in the front yard shall not be solid.
b.
Material and Style.
i.
Chain link fencing shall be permitted in any yard area.
ii.
Where security fencing is required, a bent-top tubular metal fence or similar design may be utilized. Barbed wire, razor wire, or other similar fence attachments shall not be permitted.
iii.
Where walls are utilized, walls consisting of brick, stucco, decorative concrete, natural stone, or other similar decorative material shall be used.
4.
Parks, Recreational Areas and School Uses. Fences or walls may be constructed along all property lines as follows:
5.
The use of razor wire, barbed wire or sharp projections on fences is prohibited.
§ 41:16-6 Lighting.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-6-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Adequate lighting shall be provided to ensure the safe movement of persons and vehicles, and provide security.
2.
Lighting design shall conform to standards presented in the current edition of the Illuminating Engineering Society Lighting Handbook.
3.
Lighting shall be designed to minimize glare and reflection on adjacent properties.
4.
The type of lighting provided shall be consistent with the existing street light in the immediate area of the site.
5.
Unnecessary lighting should be avoided, but lighting essential for security or safety should always be provided.
§ 41:16-6-2 Zoning Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
General Illumination Standards.
a.
All exterior areas of a site, except for residential and school structures, shall be illuminated at night in accordance with the standards herein. This shall include, but not be limited to, pedestrian pathways, plazas, courtyards, building entrances, parking and driveway areas, and other outdoor spaces commonly used at night. When such areas are not in active use, lighting shall be sufficient to allow for appropriate surveillance for crime prevention purposes, but shall be designed and installed in such a way as to minimize glare or intrusive light onto adjoining properties.
b.
All wires and cables used for the provision of lighting from light poles or other freestanding structures shall be underground.
c.
All exterior lighting fixtures, however mounted, shall be provided with shields as necessary to confine the illumination to the site upon which it is located to the standards set forth herein and to eliminate glare on any adjacent properties and to adjacent streets.
2.
Illumination Levels.
a.
Illumination levels at the property line of a project shall not be more than 0.5 footcandle with the shell pointing downwards at any point when the project is located next to any residential use or residentially zoned property. The illumination levels at the property line of a project adjacent to any other use shall not be more than one footcandle. Illumination levels shall be permitted to exceed one footcandle within the right-of-way at a front property line in order to provide illumination levels as specified in this section at building entrances, pedestrian walkways, access drives, or other required locations.
b.
Off-street/surface parking areas or lots as well as private roadway areas shall comply with the following requirements: Illumination levels outside the radius of any light pole (with radius equaling the height of the pole) shall range between a minimum of one footcandle and a maximum of five footcandles.
c.
Access drives for non-residential uses and multifamily housing shall be illuminated with at least 0.5 footcandle.
d.
Entrances and exits of non-residential structures and multi-family housing shall have a minimum illumination level of one footcandle and a maximum level of five footcandles within a five-foot radius of the entrance or exit.
e.
Single-, two-, three- and four-family residential uses shall have a maximum illumination level of three foot-candles at the driveway or walkway, but no more than 0.5 footcandle at any property line elsewhere on the site.
f.
Pedestrian walkways or bikeways shall have an illumination level ranging between a minimum of 0.5 footcandle and a maximum of 2.5 footcandles.
g.
Large open areas and the grounds of multifamily housing complexes shall have a minimum illumination level of 0.3 footcandle and a maximum level of two footcandles.
h.
Canopied areas, such as those found at drive-through facilities at banks, service stations, car washes, shall have a maximum illumination level of 20.0 footcandles with a maximum to minimum illumination level ratio of 2:1. Illumination levels outside the canopy area shall not exceed 5.0 foot-candles.
i.
Display areas at outdoor dealerships for new and used products, including, but not limited to, automobiles, trucks, motorcycles and boats, shall have a maximum illumination level of fifteen-foot-candles for any row or tier of display that is adjacent to an external road or street, and a maximum level of 10 footcandles for all other rows or tiers of display. Entrances and exits shall not exceed 10 footcandles.
j.
Illumination levels for outdoor recreational facilities, such as, but not limited to, football fields, soccer fields, baseball fields, or tennis courts, shall be consistent with best practices from the Illumination Engineering Society of North America (IESNA) based on the type of facility, number of potential spectators, and overall surroundings, but shall comply with the illumination limits at property lines established above in this section 41:16-6-2.a.
k.
For all other outdoor spaces, the minimum illumination standard shall be 0.5 footcandle. Such illumination shall be controlled by motion sensor lighting.
l.
For covered parking areas or enclosed parking garages, a minimum lighting level of 2.0 footcandles shall be maintained. No lighting shall produce glare outside the structure.
3.
The spacing between poles illuminating large open areas including, but not limited to, surface parking areas or lots, parks, or the grounds of multi-family housing complexes shall be no closer than 2 1/2 times the pole height. Light poles must be positioned to enable walkways to comply with local, Federal, or State disabled persons' access legislation.
4.
Architectural Lighting.
a.
Fixtures used to accent architectural features, materials, colors, style of buildings or art shall be located, aimed and shielded so that light is directed only on those features.
b.
Such fixtures shall be aimed or shielded so as to minimize light spill into the sky. Such fixtures shall not generate excessive light levels, cause glare, or direct light beyond the facade onto neighboring property, streets or the night sky. Lighting shall not change colors or strobe.
5.
Height Standards.
a.
Freestanding Lights.
i.
For residential uses, the maximum height of freestanding lights shall not exceed the height of the principal building or 15 feet, whichever is less.
ii.
For commercial and mixed-use uses, the maximum height of freestanding lights shall not exceed the height of the principal building or 20 feet, whichever is less.
iii.
For industrial uses, the maximum height of freestanding lights shall not exceed the height of the principal building or 30 feet, whichever is less.
b.
Mounting Heights. The mounting height of any building-mounted light source shall be the lowest height possible to achieve appropriate illumination, but in no case shall the mounting height exceed 20 feet above grade.
§ 41:16-7 Garbage and Refuse Collection Disposal and Recyclable Materials.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-7-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
All new multi-family projects shall be provided with a means of collection and storage for garbage, refuse, and waste which will be generated by the development and must be designed to adequately ensure protection and freedom from vermin and rodent infestation.
2.
There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.
3.
The dimensions of the recycling area and the bins or containers shall be consistent with the City of Newark, Title XV, Solid Waste Management, Chapter 15:12, Mandatory Recycling Ordinance.
4.
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
5.
All refuse and recyclable materials storage areas shall comply with the screening standards in Section 41:16-4.
6.
If kept outside, the refuse and recycling area shall be well-lit, and shall be safely and easily accessible by recycling personnel vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
7.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
§ 41:16-8 Sanitary Utilities.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-8-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
All sanitary utilities shall be separately conveyed from on-tract storm water facilities, and shall be separately connected to the municipal sewerage system. A minimum internal pipe size of four inches shall be used within all public rights-of-way or City easements. The materials and design shall be as approved by Title VII of the Revised General Ordinances providing the State Uniform Construction Code as adopted by the City.
2.
All industrial users and/or major industry as defined under Title XXXII, Sewers and Sewage Disposal of these Revised General Ordinances shall comply with the regulations therein as well as the requirements of this Chapter.
3.
Sanitary waste loads from residential and commercial uses shall be calculated by the methods defined in the BOCA National Plumbing Code, or by utilizing per capita per day water consumption. Per capita per day consumption shall be assumed in all such calculations.
4.
Pipes shall be designed with full flow velocities ranging from a minimum of 2.5 feet per second and a maximum of 10 feet per second.
§ 41:16-9 Water Supply.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-9-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Water supply system for providing adequate water for potable water, fire protection, industrial or commercial uses shall conform to the current principles and standards of Title VII of the Revised General Ordinances providing the State Uniform Construction Code as adopted by the City in Section 7:1-1.
§ 41:16-10 Fire Prevention.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-10-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The Fire Division of the City shall approve all means of fire protection including but not limited to such things as site accessibility for fire apparatus, the placement of hydrants, the placement of smoke and fire detectors and the installation of all fuel and heating systems such as gas and oil supplies. All on-site heating systems shall be designed in accordance with the standards of the Uniform Construction Code and Fire Code as adopted by the City.
§ 41:16-11 Maintenance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-11-1 Zoning Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The property owner shall be required to maintain all landscaping, site lighting, fences, signs, and other site improvements to keep the features attractive; in good functioning condition; and free of weeds or overgrowth. Property shall be kept free of debris, trash, or rubbish. Regular weeding, pruning, and mowing of plant materials, and replacement of all dead plant material shall also be required.
§ 41:16-12 Bird Friendly Design.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-12-1 Purpose.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
According to the American Bird Conservancy and the Audobon Society, hundreds of millions of birds die each year in the United States due to collisions with glass. Advances in material technology and modern aesthetics have increased the amount of exterior glazing present on buildings of all sizes, from single-family homes to skyscrapers, which has increased the risk to local and migratory birds.
The purpose of this section is to balance the architectural aesthetic and functional considerations associated with building envelope glazing and fenestration with the desire to protect birds from threats associated with these design elements. The design standards and references herein are intended to guide a cost effective approach to creating bird friendly buildings in the City of Newark.
§ 41:16-12-2 Applicability.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The standards in this section shall apply to all new construction and substantial rehabilitation where the building envelope is being modified in all zones and redevelopment plans throughout the city.
2.
These standards shall be considered design standards, with which all applications shall comply to the extent practicable.
§ 41:16-12-3 Definitions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The following definitions shall apply to this section:
Shall mean a material or assembly that has or has been treated to have a maximum threat factor of 30 according to the American Bird Conservancy Bird Collision Deterrence Material Threat Factor Reference Standard, or with the American Bird Conservancy Bird-friendly Materials Evaluation Program at Carnegie Museum's Avian Research Center test protocol.
Shall mean monolithic glazing installations that provide a clear line of sight on the exterior of buildings, including, but not limited to, glass awnings, glass handrails and guards, glass wind break panels, or glass acoustic barriers.
Shall mean a system or assembly of exterior wall components, including exterior wall finish materials, that provides protection of the building structural members, including framing and sheathing materials, and conditioned interior space, from the detrimental effects of the exterior environment.
Shall mean one or more panels of glass that provide a clear line of sight through such elements creating the illusion of a void leading to the other side, including parallel glass elements, at a distance of 17 feet or less, or a convergence of glass sides creating a perpendicular, acute, or obtuse corner.
Shall mean the relative threat level to birds posed by various materials and design details. The Threat Factor quantified as a number between one and 100 that indicates the relative effectiveness of materials or assemblies, typically in reducing bird collisions, but not exclusively, evaluated per a binary choice flight-tunnel protocol involving live birds. A Threat Factor of 1 is the least threatening and a Threat Factor of 100 is the most threatening. Materials with a threat factor greater than 50 are those with attributes that may contribute to collisions.
§ 41:16-12-4 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The exterior wall envelope and all openings up to 100 feet above grade shall be constructed with bird friendly materials. Materials other than bird friendly materials shall not exceed an aggregate of 10 square feet within any 10 feet by 10 feet square area of exterior wall area below 100 feet above grade. The following exceptions to this requirement shall apply:
a.
Where ground floor transparency is required for commercial storefronts, materials with a threat factor not to exceed 30 shall be permitted.
2.
Bird hazard installations shall be constructed of bird friendly materials regardless of their height above grade.
3.
Fly-through conditions located 100 feet or less above grade shall be constructed with bird friendly materials.
4.
The exterior wall envelope and any associated openings installed adjacent to a green roof system on the same building shall be constructed with bird friendly materials up to 12 feet above the walking surface.
§ 41:16-12-5 Reference and Guidance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Applicants are encouraged to use one or more of the following sources for guidance:
§ 41:16-13 Green Building, Sustainability, and Resiliency Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The green building and sustainability standards in this section shall be considered design standards and guidelines for development in the City of Newark. These standards shall be applied to the extent feasible for any application seeking subdivision or site plan approval.
Advancing the concepts of green building, sustainability, and resiliency is a planning and zoning best practice. Application of these principles should be ingrained in local decision making and all development projects. The following standards are sourced in part and paraphrased from the LEED v.4 standards for New Construction and Major Renovation as well as other relevant best practices. These standards are meant to guide the preparation and review of applications for development in the City of Newark.
LEED Certification for new projects is encouraged, but not required. Additional certification programs to consider include but are not limited to the SITES Initiative, Passive House, Energy Star, BREEAM, Green Globes, Living Building Challenge, National Green Building Standard, Green Guard, and WELL Building Standard.
Encouraging green building, sustainability, and resiliency in development projects advances the purposes of the Municipal Land Use Law and is beneficial to the public health, safety, and welfare.
§ 41:16-13-1 Open Space.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Open space should be provided on site that includes vegetated space with multiple types of vegetation or an overhead canopy. Outdoor space should contribute to the vibrancy of the site and the well-being of its occupants by incorporating social and recreational amenities, gardens, diverse green space, and habitat for local flora and fauna.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-13-2 Roof Design.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Specify a high-reflectance roof (cool roof). High-reflectance low-sloped roofs should have an initial Solar Reflectance Index (SRI) of at least 82 and an aged SRI of at least 64. Steep sloped roofs with pitches greater than 2:12 should have an initial SRI of 39 and an aged SRI of 32.
2.
Specify a vegetative roof (green roof) using native or adaptive plant species.
§ 41:16-13-3 Water Conservation.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
2.
Outdoor water use reduction.
a.
Native, drought-tolerant landscaping should be utilized where appropriate to minimize irrigation needs.
3.
Cooling towers and evaporative condensers should be equipped with makeup water meters, conductivity controllers and overflow alarms, and efficient drift eliminators.
§ 41:16-13-4 Energy Use and Conservation.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Renewable energy should be incorporated into projects to the extent feasible. Building mounted solar panels, solar canopies over parking lots, and integration of emerging technologies are encouraged.
2.
Efficient building performance - Building design should consider reductions in interior and exterior lighting power, daylight controls, occupant sensors, enhancements to the building envelope, high efficiency HVAC units, interior and exterior shades, and other energy use reduction and efficiency measures.
§ 41:16-13-5 Materials and Waste Management.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Storage and collection of recyclables - Developments should include dedicated areas for the storage and collection of recyclable materials that includes separate disposal areas for batteries, mercury containing lamps, and electronic waste.
2.
Construction and demolition waste management - Development plans should include a construction and demolition waste plan that considers waste prevention and diversion. Diversion is reuse or recycling of construction or demolition materials to prevent them from entering landfills. Waste prevention can be achieved by salvaging and recycling materials and employing a waste minimizing design strategy.
§ 41:16-13-6 Indoor Environmental Quality.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Low-emitting materials - All interior finish materials should be selected to minimize VOC (Volatile Organic Carbon) content and emissions. All wood products should be certified as ultra-low-emitting formaldehyde (ULEF) products or certified as no added formaldehyde resins (NAF) project.
2.
Thermal comfort - Individual and group thermal comfort controls should be provided where appropriate to allow for the adjustment of one or more of air temperature, radiant temperature, air speed, and humidity.
3.
Indoor air quality - Allow for naturally ventilated spaces or provide mechanical ventilation controls that provide for a consistent, minimum design outdoor airflow.
§ 41:16-13-7 Hazard Reduction and Resiliency.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Flood proofing new commercial developments should be considered in the 0.2% chance of annual flood hazard zone and in areas modeled to be subject to flooding with future sea level rise.
2.
Locate mechanical systems on roofs or platforms even if not required in the 0.2% chance of annual flood hazard zone or in areas potentially impacted by sea level rise.
3.
Consider sea level rise models when siting buildings, site infrastructure, and critical facilities.
4.
Build new residential structures with extra freeboard beyond the minimum required by Ordinance and Code when in or near the flood hazard area.
5.
Consider landscaping for resiliency by selecting flood tolerant species, and plants with durable root structures that are less likely to be damaged or destroyed by flooding.
§ 41:16-14 Additional Measures.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
§ 41:16-14-1 Design Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The Central Planning Board or the Zoning Board of Adjustments may require provisions of such additional measures as it deems necessary to protect public areas or neighborhood properties from adverse effects of the proposed development which would be harmful to health, safety, conservation of property values and general welfare.