Newark Zoning Regulations Guide

Newark Zoning &
Land Use Regulations
NPO
NEWARK PLANNING OFFICE
November 2014 1
NEWARK ZONING & LAND USE REGULATIONS / NOVEMBER 2014
City of Newark
Ras J. Baraka, Mayor
Municipal Council
Mildred C. Crump
Council Member, At-Large
Council President
Augusto Amador
Council Member, East Ward
Gayle Chaneyfield-Jenkins
Council Member, Central Ward
Carlos M. Gonzalez
John Sharpe James

Council Member, South Ward
Joseph McCallum, Jr.

Prepared by Newark Planning Office Council Member, West Ward
2013–2015
planning.ci.newark.nj.us
Eddie Osborne
Baye Adofo-Wilson
Director of Economic & Housing Development
Damon Rich, AICP PP
Planning Director & Chief Urban Designer Luis A. Quintana
Michele Alonso, AICP PP
Perris Straughter, AICP PP
Anibal Ramos, Jr.
With support from Jennifer Lee, Natalia O’Neill Vega,
Phillips Preiss Grygiel LLC (preliminary coding) & Council Member, North Ward
Regional Plan Association (Zenon Tech-Czarny,
mapping).
Thanks to diligent NPO staff N’dela Costley, Loretta

Brown, Chris Caceres, Cheryl Dentley-Osgood, Dawn
Egerton, Walford Enniss, Nancy Gould, Margaret
Roberts & Kevlin Taylor, along with all Newarkers &
others who offered feedback, suggestions & advice
on the rules contained in this document for building
the city we want. Respect to the ancestors & children.
2
Chapter 1. Purpose and Intent
Welcome to the Newark Zoning Beginner’s Guide

& Land Use Regulations (NZLUR), The following resources are included in the NZLUR to
the rules for what you can build & help zoning beginners & professionals become familiar
where you can build it in Newark. Newark’s new zoning.
In these pages, you will find the law governing the Page 4 Table of contents
use and design of buildings in Newark. You will also Overview of the NZLUR’s contents.
find regulations for many other parts of Newark’s
physical environment such as landscaping, parking Page 6 Who Makes Decisions About What Gets
lots, fences, signs, historic landmarks, and stormwater Built in Newark?
management. This diagram, from the Newark Zoning Workshop,
shows the process by which someone receives
The Newark Planning Office prepared the NZLUR in authorization for building in Newark. It provides a
2013 and 2014. While Newark’s zoning had not been quick guide to the roles of the Central Planning
comprehensively revised since 1954, many things had Board, Zoning Board of Adjustment, and Landmarks &
changed in the following 60 years! Historic Preservation Commission. Most importantly, it
shows the important roles of the public in this process.
The NZLUR simplifies and modernizes the way
Newark’s zoning addresses the use of buildings. For Page 7 Citywide Zoning & Neighborhoods Map
example, the NZLUR eliminates outdated uses like Use this map to see the overall pattern of zones in the
leather tanneries and pool halls, and consolidates city and to look up the map for your neighborhood on
many uses based on avoiding nuisances and the more detailed maps that follow.
development conflicts.
Page 8-31 Neighborhood Zoning Maps
The NZLUR also sets common-sense standards for These maps provide detailed zone maps for each
how new buildings are designed. These measures neigborhood in Newark.
grow from the successful 2009 implementation of
zoning reforms for Newark’s most common building Page 32-49 Introduction to Zones
types, two- and 3-family houses, which focused on These one-page zone overviews introduce the general
improving the quality and safety of Newark’s streets by rules for each zone, which are provided in more detail
setting standards for windows, front set-backs, and the in later NZLUR chapters.
location of primary entrances that keep eyes on the
street. Chapter 1. Purpose & intent
This draft was presented to the Newark Central 40:1-1. Enumeration of purposes
Planning Board at public hearings September 8 The purpose of this Title is to promote the health,
and November 10, 2014, and adopted by the Newark safety and general welfare of the City of Newark and
Municipal Council on February 4, 2015. its people by advancing the purposes of the Municipal
Land Use Law set forth at NJSA 40:55D-2 and by
If you are interested in hosting Newark Zoning ensuring that all land development in the City meets
Workshop that breaks down these rules and what they the applicable requirements of Federal, State and local
mean for your neighborhood, call (973) 733-6333 or laws. In order to fulfill this purpose, it is the intent of
email newarkplanningoffice@gmail.com. this Chapter to provide regulations that are consistent
with the City’s Master Plan, that implement the Master
Plan’s Land Use Plan Element, and that advance the
general concepts and recommendations of the Master
Plan.
3
Table Of Contents
Chapter 1. Purpose & Intent 3 Chapter 8. Design Requirements for 184
40:1-1. Enumeration of Purposes 3 Off-Street Parking & Loading Areas
40:8-1. Variances & Waivers 184
Chapter 2. Definitions 50 40:8-2. Location 184
40:2-1. General 50 40:8-3. Off-Street Parking Lots 184
40:2-2. Definitions 50 40:8-4. Off-Street Structured Parking 185
40:8-5. Off-Street Parking Landscaping 186
Chapter 3. Zoning Districts 78 40:8-6. Loading Areas 188
40:3-1. Establishment of Zoning Districts 78 40:8-7. Bicycle Parking Areas 188
40:3-2. Zoning Maps 7 40:8-8. Driveway Design Standards 189
40:3-3. Interpretation of Zoning 78 40:8-9. Buffer Zones 189
District Boundaries
40:3-4. General Compliance Conditions 78 Chapter 9. Signs 192
40:3-5. New Territory 79 40:9-1. Regulations 192
40:9-2. Signage Design 195
Chapter 4. Permitted Uses By District 80 & Measurement Requirements
40:4-1. Permitted Uses in Residential 82
Districts Chapter 10. Historic Sites & Districts 200
40:4-2. Permitted Uses in Commercial 84 40:10-1. Title 200
Districts 40:10-2. Definitions 200
40:4-3. Permitted Uses in Industrial, 86 40:10-3. Criteria for Designation 202
Airport & Port Area Districts 40:10-4. Procedures of Designation 203
40:4-4. Permitted Uses In Mixed-Use 89 40:10-5. Uses of Designated Properties 203
& Other Districts 40:10-6. Removal of Designation 203
40:4-5. Nonconforming Uses 92 40:10-7. Actions Requiring Review 203
40:4-6. Additional Standards 92 40:10-8. Actions Not Requiring Review 203
40:10-9. Emergency Repairs 203
Chapter 5. Building Bulk 98 40:10-10. Informal Review 204
& Design Requirements 40:10-11. Application Procedures 204
40:5-1. Permitted Building Types 98 40:10-12. Commission Review of Development 204
by Zoning District & Zoning Applications
40:5-2. Bulk & Design Standards for 99 40:10-13. Commission Review of Application 205
1-family houses in R-1 for Permits
40:5-3. General Bulk & Design Standards 101 40:10-14. General Standards 205
50:5-4. Illustrated Bulk & Design 116 40:10-15. Standards for Protection 206
Requirements 40:10-16. Standards for Stabilization 206
40:10-17. Standards for New Construction 206
Chapter 6. Conditional Use Standards 148 40:10-18. Standards for Relocation 208
40:6-1. Enumerated; Applications; 148 40:10-19. Standards for Demolition 208
Procedure 40:10-20. Local Guidelines 209
40:6-2. Standards for Conditional Uses 148 40:10-21. Effect of Project Approval or Denial; 209
Appeals
Chapter 7. Off-Street Parking 176 40:10-22. Enforcement 209
& Loading 40:10-23. Preventive Maintenance 209
40:7-1. Applicability 176 40:10-24. Municipal Responsibility 210
40:7-2. Requirements for Off-Street 176 40:10-25. Rules of Interpretation 210
Parking 40:10-26. General 210
40:7-3. Shared Parking 181 40:10-27. Injunctive Relief 210
40:7-4. Auto-Share Parking Spaces 181 40:10-28. Newark Landmarks & Districts Maps 211
40:7-5. Minimum Required Off-Street 181
Loading Spaces For Chapter 11. Central Planning Board 236
Non-Residential Uses 40:11-1. Establishment; Membership 236
40:7-6. Bicycle Parking Ratios 183 40:11-2. Terms of Office; Vacancies 236
& Standards 40:11-2-11. Organization of Board 237
40:11-3. Appointment of Attorney 237
40:11-4. Experts & Staff 237
4
40:11-5. Powers & Duties 238
40:11-6. County Approval 239
Chapter 12. Zoning Board of Adjustment 240 Chapter 16. Additional Zoning 286
40:12-1. Establishment; Membership 240 & Design Standards
40:12-2. Terms of Office; Vacancies 240 40:16-1. Variances And Waiver 286
40:12-3. Organization of Board 240 40:16-2. Landscaping for Buildings & Yards 286
40:12-4. Experts & Staff 240 40:16-3. Buffer Areas 287
40:12-5. Powers & Duties 240 40:16-4. Screening of Uses & Activities 287
40:12-6. Annual Report on Variances Heard 242 40:16-5. Fences & Walls 288
by Zoning Board of Adjustment 40:16-6. Lighting 289
40:16-7. Garbage & Refuse Collection 291
Chapter 13. Subdivision Procedures 244 Disposal & Recyclable Materials
40:13-1. Title 244 40:16-8. Sanitary Utilities 291
40:13-2. Purpose 244 40:16-9. Water Supply 292
40:13-3. Compliance With Applicable Requirements 244 40:16-10. Fire Prevention 292
40:13-4. Applicability 244 40:16-11. Maintenance 292
40:13-5. Waiver 244 40:16-12. Additional Measures 292
40:13-6. Minor Subdivision Procedure 244
40:13-7. Preliminary Major Subdivision Procedure 246 Chapter 17. Storm Drainage 294
40:13-8. Final Major Subdivision Procedure 247 40:17-1. Scope & Purpose 294
40:13-9. Subdivision Plat Details Requirements 250 40:17-2. Definitions Applicable Specifically 294
40:13-10. Amended Subdivision Review 252 to Chapter 17
40:13-11. Conditional Use Approval 252 40:17-3. General Standards 297
40:13-12. Performance Guarantees 252 40:17-4. Stormwater Management Requirements 297
& Improvement Costs for Developments
40:13-13. Penalties, Civil Remedies & Liens 255 40:17-5. Calculation of Stormwater Runoff 306
& Groundwater Recharge for Major
Chapter 14. Subdivision Zoning 256 Development
& Design Standards 40:17-6. Standards for Structural Stormwater 307
40:14-1. Variances & Waivers 256 Management Measures
40:14-2. Development Requirements 256 40:17-7. Sources for Technical Guidance 308
& Standards 40:17-8. Safety Standards for Stormwater 308
40:14-3. Streets 257 Management Basins
40:14-4. Intersection Design 258 40:17-9. Additional Requirements for a Site 309
40:14-5. Sidewalks 258 Development Stormwater Plan to be
40:14-6. Curbing 259 Added to a Site Plan Review Application
40:14-7. Street Lighting 259 for Developments
40:14-8. Traffic Control Devices 259 40:17-10. Maintenance & Repair 311
40:14-9. Additional Measures 259 40:17-11. Refuse Containers/Dumpsters 312
40:17-12. Private Storm Drain Inlet Retrofitting 312
Chapter 15. Site Plan Procedures 260 40:17-13. Penalties 313
40:15-1. Title 260 40:17-14. Enforcement 313
40:15-2. Purpose 260
40:15-3. Severability & Validity 260 Chapter 18. Administration, Enforcement 314
40:15-4. Compliance With Applicable Requirements 260 & Violations
40:15-5. Applicability 260 40:18-1. Administration 314
40:15-6. Exceptions 261 40:18-2. Certificate Of Code Compliance 315
40:15-7. Minor Site Plan Procedure 261 40:18-3. Violations 317
40:15-8. Major Site Plan Procedure 262
40:15-9. Time Period for Action by the Zoning 276 Appendix: Newark Redevelopment Area 318
Board of Adjustment Boundary Map
40:15-10. Time Period for Action for Ancillary 278
Powers of the Central Planning Board
40:15-11. Provisions Applicable to Both the 278
Central Planning Board & Zoning
Board of Adjustment
40:15-12. Application for Development Procedures 283
40:15-13. Appeals 285
40:15-14. Miscellaneous Provisions 285 5
Who makes decisions about

what gets built in Newark?
1 Property Owner
wants to build something.
ZONING OFFICE
s
The addre
ss is ...
form ings
draw
ne. A
the R3 zo ed.
That’s in house is allow
3-family
Property Owner
2 files for planning
approval(s)
If the proposed building generally If the proposed building If the proposed building FOREST HILL
NORTH BROAD STREET
follows zoning rules and is bigger requires major exceptions is in a historic district or JAMES ST COMMONS
MILITARY PARK COMMONS
than a 2-family house. to zoning rules. affects a landmark.

FOUR CORNERS
LINCOLN PARK
WEEQUAHIC PARK
Central Zoning Landmarks

& Historic
Planning Board Preservation
Board of Adjustment Commission
10 members appointed by 9 members appointed my na 11 members appointed my na
Z BA
my na
CPB
me is me is
by Municipal Council. LH P
me is
Mayor, 1 by Municipal Council. by Mayor. 5 must live
9 must live in Newark. All must live in Newark. in Newark. C
MEETS TWICE PER MONTH MEETS TWICE PER MONTH MEETS ONCE PER MONTH
ON MONDAYS ON THURSDAYS ON WEDNESDAYS
Planning & Boards, Engineering,

and Water & Sewer staff review
application. Once complete, the
application is placed on the calendar.
6 Building Permits
r
lenda When the Property Owner applies
3 Hearing
scheduled
ca forms
drawin
gs for building permits from the
Uniform Construction Code office,
t the plans are checked against the
hed, a
e is publis he public zoning approval. If they match, and
Public notic fore t e
Once 0 days be ns may b 112. the proposed construction meets
4 Notice
20 0
’
1 io
least g, applicat Hall Room
hearin ed in City
building codes, permits are issued.
in
exam
site
7 Construction
For the CPB & ZBA, Property

Owner is legally required to send
advance notice about the hearing
by mail to all other Property
Owners within 200 feet of the
the Public
proposed building and publish The Uniform Construction Code
notice in the newspaper. office inspects the completed project.
If it passes, the building receives a
5
Certificate of Occupancy and can be
Public Hearing put into use.
The case is heard by the CPB, ZBA, or Code

LHPC. The Property Owner, architect,
and engineer present the project,
8 Enforcement
members of the public are allowed to If a property violates zoning law,
speak for or against, and the Board or residents can register complaints
Commission approves or denies the with Code Enforcement, which
application. Sometimes they place inspects the property and issues
specials conditions on the approval. tickets if appropriate.
To learn more or receive agendas, call:

NPO
NEWARK PLANNING OFFICE
CPB, LHPC, & ZBA (973) 733—6333
To report zoning violations, call:
6 Code Enforcement (973) 733—5453
Newark Zoning Maps
Newark Zoning & Neighborhoods
R–1 One-Family Residential (page 33)

R–2 One-to-Two-Family Residential (page 34)
R–3 One- to-Three-Family and Townhouse Residential (page 35)
R–4 Low-Rise Multifamily Residential (page 36)
R–5 Mid-Rise Multifamily Residential (page 37)
R–6 High-Rise Multifamily Residential (page 38)
C–1 Neighborhood Commercial (page 39)
C–2 Community Commercial (page 40)
C–3 Regional Commercial (page 41)
MX–1 Mixed Use, Residential/Commercial (page 45) Forest Hill
Page 10 North Broadway/Woodside
MX–2 Mixed Use, Residential/Commercial/Industrial (page 46)
Page 11
I–1 Light Industrial (page 42)
I–2 Medium Industrial (page 43) Upper Roseville
Page 8
I–3 Heavy Industrial (page 44)
INST Institutional
PARK Parks and Open Space
Mount Pleasant
CEM Cemetery Page 12
EWR/EWS-S Airport/ Airport Support (page 48)

Lower Roseville
Page 7
PORT Port (page 47)
RDV–SD Redevelopment Zones & Special Districts (page 49) Lower Broadway
Page 13
1 Newark’s River: Public Access and Redevelopment Plan
2 Kent/Brenner/Springfield Redevelopment Plan
3 Broad Street Station District Plan

Fairmount
4 Lincoln Park Redevelopment Plan Page 16
5 VailsburgPlan
Bergen South Redevelopment University Heights
Page 17
Page 14
6 Living Downtown Plan
7 Old Third Ward Urban Renewal Plan

8 Northern Fairmount Redevelopment Plan Downtown
9 Downtown Core District Redevelopment Plan
West Side Page 18
Page 19
Belmont
Page 20
Ironbound
Lincoln Park Page 22
Page 21
Upper Clinton Hill
Page 24
Lower Clinton Hill

Page 25
Newark Industrial District

Page 28
Weequahic
Page 26
Dayton Port District

Page 27 Page 30
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30
Newark Zoning Maps
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31
Introduction to Zones
On the preceding Newark Zoning Maps, every area provides a general overview of what land uses are
of the city appears as a color that corresponds to one permitted and prohibited in each zone, the rules for
of the zones below. This introduction to the zones design, and maps of where within Newark the zone
appears.
Residential
1 Family Regional Commercial
R-1 C-3
Residential
1-2 Family Light Industrial
R-2 I-1
Residential
1-3 Family & Town House Medium Industrial
R-3 I-2
Residential
Low-Rise Multifamily Heavy Industrial
R-4 I-3
Residential Mixed Use 1
Mid-Rise Multifamily Residential & Commercial
R-5 MX-1
Residential Mixed-Use 2
High-Rise Multifamily Residential, Commercial, Industrial
R-6 MX-2
Neighborhood Commercial Port
C-1 PORT
R-S
ict
Community Commercial istr
al D
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C-2
t
W
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32 32
Residential
1 Family
R-1
One-Family Residential (R-1) zoning allows for the low-
est density, residential development in the city. In this
zone, only single-family homes up to 3-stories high can
be built. Other permitted uses include parks, communi-
ty residences, garages, family day care, storage sheds
and private swimming pools. To maintain the existing
residential character of these places, uses such as
assisted living and nursing home facilities, community
centers and gardens, ground-floor retail, child care
centers, offices, places of worship, and urban farms
are not permitted. Schools are permitted only with
conditions.
R-1 zoning is generally applied in areas of neighbor-

hoods with existing larger, single-family homes such
Forest Hill, large sections of Vailsburg and portions of
Weequahic and Upper Clinton Hill. These areas are
generally characterized by detached homes on larger
yards and feel more suburban than the denser resi-
dential areas of most of Newark.
Learn more about the specific uses that are permitted

and prohibited in R-1 zones beginning on 82.
Learn more about the size and design of buildings

permitted in R-1 zones beginning on page 98.
33
Residential
1–2 Family
R-2
One-to-Two Family Residential (R-2) zoning allows
for slightly denser residential development than in
One-Family Residential (R-1) zoning, permitting single-
and two-family homes up to three stories high. Other
permitted uses include parks, community residences,
garages, day care, storage sheds, private swimming
pools, and home gardening. Areas zoned R-2 encour-
age strong residential character and do not permit
such uses as assisted living and nursing home facili-
ties, community centers, ground floor retail, office and
service, and urban farms. Child care centers, places
of worship, and schools are permitted only with condi-
tions.

hoods with a mix of single- and two-family homes such
as those found in Upper Roseville, much of Upper
Clinton Hill and sections of Vailsburg, Weequahic, For-
est Hill, North Broadway/Woodside and Mount Pleas-
ant. These areas are generally characterized by both
detached and semi-detached, duplex homes that sit on
smaller yards, giving them a more suburban feel.

and prohibited in R-2 zones beginning on page 82.

34
Residential
1–3 Family & Town House
R-3
One- to Three-Family and Town House Residential
(R-3) zoning allows for denser, residential development
than in One- and Two-Family Residential (R-2) zon-
ing, permitting single-, two- and three-family homes,
as well as townhomes, up to three stories high. Other
garages, and day care. Areas zoned R-3 encour-
age strong residential character and do not permit
such uses as assisted living and nursing home facili-
ties, ground floor retail, office and service. Child care
centers, community centers, places of worship, and
schools are permitted only with conditions.

hoods with a mix of single-, two- and three-family
homes, as well as townhomes, such as those found
in Lower Roseville, Lower Broadway, Fairmount and
Lower Clinton Hill, as well as sections of North Broad-
way/Woodside, Mount Pleasant, the Ironbound, and a
small section of Weequahic. These areas are generally
characterized by bulkier detached homes and rows of
townhomes on smaller yards, giving them a semi-urban
feel.


35
Residential
Low-Rise Multifamily
R-4
Low-rise Multifamily Residential (R-4) zoning allows for
denser, residential development than in One-to-Three-
Family and Town House Residential (R-3) zoning,
permitting single-, two- and three-family homes and
townhomes up to three stories high as well as low-
rise multi-family housing up to four stories high. Other
garages, ground floor retail, office or services, and day
care. Areas zoned R-4 encourage residential character
and do not permit some forms of commercial uses.
Neighborhood services such as assisted living facili-
ties, nursing homes, child care centers, community
centers, places of worship, and schools are permitted
only with conditions.

hoods with a mix of single-, two-, three-family homes
and townhomes, but with a predominance of low-rise,
multi-family homes, such as those found in large sec-
tions of Belmont, the residential sections of University
Heights and portions of most Newark neighborhoods,
including Upper and Lower Clinton Hill and the Iron-
bound. These areas are generally characterized by
more densely packed homes and multifamily buildings
that are four stories or less on very little yard space,
giving them a more urban, residential feel.


36
Residential
Mid-Rise Multifamily
R-5
Mid-Rise Multifamily Residential (R-5) zoning allows
for dense, residential development, permitting low- and
mid-rise multi-family housing up to eight stories high.
Other permitted uses include parks, community resi-
dences, garages, ground floor retail, offices or services,
and day care. Areas zoned R-5 encourage residential
character and do not permit some types of commercial
or retail uses. Neighborhood services such as assisted
living facilities, nursing homes, child care centers, com-
munity centers, places of worship, and primary and
secondary schools are permitted only with conditions,
as are urban farms, home professional offices, portable
storage units, private sports courts and solar and wind
energy systems.

hoods with a mix of both low- and mid-rise, multi-fam-
ily buildings, such as those found in pockets of many
Newark neighborhoods including Upper and Lower
Roseville and the Ironbound. These areas are gener-
ally characterized by dense complexes of residential
buildings up to eight stories in height on small, shared
grounds, giving them a strong urban, residential feel.


37
Residential
High-Rise Multifamily
R-6
High-Rise Multifamily Residential (R-6) zoning allows
for dense, residential development, permitting low-,
mid- and high-rise multi-family housing up to 10 stories
high in general, or up to 20 stories with greater lot
square footage. Other permitted uses include parks,
community residences, garages, ground floor retail,
office or services, and day care. Areas zoned R-6
encourage residential character and do not permit
some types of commercial or retail uses. Uses such
as assisted living facilities, nursing homes, child care
centers, commercial antennas & microwave dishes,
community centers, places of worship and primary and
secondary schools are permitted only with conditions,
as are urban farms, home professional offices, portable
storage units, private sports courts and solar and wind
energy systems.

hoods with a mix of low-, mid-, and high-rise multi-
family buildings, such as those found in portions of
numerous Newark neighborhoods, including Forest
Hill, Lower Broadway, University Heights, Vailsburg,
and Weequahic. These areas are generally character-
ized by dense complexes of residential buildings up to
ten stories in height on small, shared grounds, giving
them a very strong urban, residential feel.


38
Neighborhood Commercial
C-1
Neighborhood Commercial (C-1) zoning allows for
small-scale, commercial development that is residen-
tial in character and caters to local, everyday retail
needs of nearby residents. Permitted development
in C-1 zones includes ground-floor commercial with
commercial or residential above in buildings up to
four stories high. To preserve neighborhood character,
some types of commercial or retail are not permitted.
C-1 zoning is generally applied in small neighborhood-

serving commercial areas of moderate-density, resi-
dential neighborhoods, including Upper Roseville,
Forest Hill, North Broadway/Woodside, Vailsburg,
University Heights, Upper Clinton Hill, Lower Clinton
Hill, and Weequahic. These areas are generally char-
acterized by low- to mid-rise multi-family buildings
giving them an urban, residential feel.

and prohibited in C-1 zones beginning on page 84.

permitted in C-1 zones beginning on page 98.
39
Community Commercial
C-2
Community Commercial (C-2) zoning allows for slightly
more moderate-scale and dense commercial develop-
ment than in Neighborhood Commercial (C-1) zon-
ing for ground-floor commercial with commercial or
residential above in buildings up to five stories high.
New develoment must be at least three stories high.
C-2 zones are typically the heart of a neighborhood’s
central commercial district. There are more permitted
uses in C-2 zones than in C-1.
C-2 zoning is generally applied in existing community

commercial centers, such as Bloomfield Avenue as it
passes through Upper Roseville, Forest Hill and Lower
Broadway; Orange Street in Lower Roseville; Cen-
tral Avenue in Fairmount; South Orange Avenue as it
passes through Vailsburg, Fairmount, and West Side;
Ferry Street in the Ironbound; and number of smaller
sections of nearly all of Newark’s neighborhoods. Sur-
rounded by a mix of low- mid-rise residential buildings
and often along vibrant streets, these areas are typi-
cally a community’s center of vibrancy.


40
Regional Commercial
C-3
Regional Commercial (C-3) zoning allows for larger-
scale commercial development with a greater variety
of uses than that of Neighborhood Commercial (C-1)
or Community Commercial (C-2) and is intended to
serve more than the neighborhood or community in
which it is found. C-3 zoning allows for ground-floor
commercial with commercial or residential above in
buildings up to eight stories high as well as large, de-
tached commercial buildings up to eight stories high.
C-3 zoning is generally applied on the edges of

neighborhoods, outside of residential areas and along
primary transportation corridors, such as sections
of Broadway as it passes through North Broadway/
Woodside and Mount Pleasant; along Irvington Avenue
on the southwestern edge of Vailsburg; in Fairmount
along portions of West Market Street and Bergen
Street; Springfield Avenue as it passes through Uni-
versity Heights and Belmont; and sections of Lincoln
Park, the Ironbound, Upper Clinton Hill, Lower Clinton
Hill and Dayton.


41
Light Industrial
I-1
Light Industrial (I-1) zoning allows for industrial de-
velopment of buildings up to eight stories high or 100
feet and permits a range of uses that are generally
more compatible with surrounding neighborhoods than
those of heavy industry.
Because it generally allows for uses that are more

compatible with surrounding neighborhoods, I-1 zoning
is typically applied on the edge of neighborhoods and
sometimes as a buffer with more heavy industrial uses.
I-1 zoning is applied in such places as along Oraton
Street in North Broadway/Woodside; along 3rd Street
in Upper Roseville; along N 13th Street in Lower Ros-
eville; along Routes 1 & 9 in the Ironbound; between W
Runyon Street and Peddie Street in Lower Clinton Hill;
and in the Industrial District along much of the border
with Lower Clinton Hill, as well as small pockets of
other Newark neighborhoods.

and prohibited in the I-1 zone beginning on page 86.

permitted in I-1 zones beginning on page 98.
42
Medium Industrial
I-2
Medium Industrial (I-2) zoning allows for industrial de-
velopment of buildings up to six stories high or 100 feet
and permits a range of uses that are generally less
compatible with nearby residential neighborhoods than
those of Light Industrial (I-1) zoning.
Because it allows for a range of uses that are less

compatible with residential neighborhoods, I-2 zoning
is typically applied in industrial districts of residential
neighborhoods or adjacent to roads, waterways and
lighter industrial areas that can serve as a buffer. I-2
zoning is applied in areas of Newark neighborhoods
such as along McCarter Highway and the Passaic
River waterfront in North Broadway/Woodside; around
S 15th Street in Fairmount; north of Raymond Boule-
vard in the Ironbound; and in portions of the Newark
Industrial District that border Lower Clinton Hill and
the Ironbound.

and prohibited in I-2 zones beginning on page 86.

43
Heavy Industrial
I-3
Heavy Industrial (I-3) zoning allows for industrial devel-
opment of buildings up to ten stories high and permits
specific uses that are generally incompatible with resi-
dential neighborhoods and thus typically not allowing
residential uses.
Because it allows for uses that are incompatible with

and even harmful to residents, I-3 zoning is confined
to – and comprises much of – the Newark Industrial
District and has very low proximity to any residential
neighborhood.

and prohibited in I-3 zones beginning on page 86.

44
Mixed-Use 1
Residential & Commercial
MX-1
Mixed Use 1: Residential & Commercial (MX-1) zoning
allows for a blend of residential and commercial uses
within the same building or district, fostering commu-
nities with diverse but integrated uses. These are the
kinds of places where residents live over shops that
offer everyday services, places to work, shop and play.
MX-1 zoning allows for moderately dense residential
development, permitting single-, two- and three-family
homes and town homes up to three stories high, as
well as low-rise, multi-family housing up to four stories
high. Commercial development in MX-1 zones allows
for ground-floor commercial with commercial or resi-
dential above.
MX-1 zoning is applied in areas where there is already

a well-integrated mix of residential and commercial
uses, such as along Verona Avenue in North Broad-
way/Woodside; along Broadway in Mount Pleas-
ant; along Morris and Central Avenues in University
Heights; along Broad Street in Lincoln Park and
throughout large sections of the Ironbound.

and prohibited in MX-1 zones beginning on page 89.

permitted in MX-1 zones beginning on page 98.
45
Mixed-Use 2
Residential, Commercial, Industrial
MX-2
Mixed Use 2: Residential, Commercial, Industrial (MX-
2) zoning allows for a blend of residential, commercial,
and appropriate industrial uses within the same build-
ing or district, fostering flexible, working communities
with integrated and innovative uses. These are the
kinds of places where homes and businesses mix with
industry in creative and productive ways. MX-2 zoning
allows for moderately dense residential development,
permitting single-, two- and three-family homes and
town homes up to three stories high as well as low-rise
multi-family housing up to four stories high. Com-
mercial development in MX-2 zones allows for some
ground-floor commercial with commercial or residential
above. MX-2 also allows for industrial development,
encouraging most industrial uses permitted in the I-1
District.
MX-2 zoning is applied in areas where there is already

a well-integrated mix of residential, commercial and
industrial uses, such as along Verona Avenue in Forest
Hill; along Broad Street in Lower Broadway; around
Central Avenue in University Heights; in small sections
of Upper Clinton Hill; along the many of the edges of
the Ironbound; and along Route 27 in Dayton.

and prohibited in MX-2 zones beginning on page 89.

permitted in MX-2 zones beginning on page 98.
46
Port
PORT
Port (PORT) zoning for port-related activities in and
around the Port Newark-Elizabeth Marine Terminal.
PORT zoning allows for uses related to the port and
services that support it.

and prohibited in the PORT zone beginning on page 86.

permitted in the PORT zone beginning on page 98.
47
Airport & Airport Support
EWR & EWR-S

Airport (EWR) and Airport Support (EWR-S) zoning
are for Newark Liberty International Airport and the
supporting area around it. EWR/EWR-S zoning allows
for industrial development related to the airport and
the services that support it. In these areas, industrial
buildings be can up to ten stories high and detached
commercial buildings up to eight stories high.
Because it allows for specific uses related to Newark

Liberty International Airport, EWR/EWR-S zoning is
applied only in the Port District and a portion of the
Newark Industrial District.

and prohibited in EWR and EWR-S zones beginning
on page 86.
Learn more about the size and design of buildings per-

mitted in EWR and EWR-S zones beginning on page 98.
48
Redevelopment Zones & Special Districts
RDV-SD
In Redevelopment Zones & Special Districts (RDV-
SD), zoning and land use regulations are set by Rede-
velopment Plans adopted by the City of Newark under
New Jersey Local Housing and Redevelopment Law
(P.L. 1992,c.79,s.1.).
On the Newark Zoning Maps, specific redevelopment

plans are keyed by numbers in red circles as follows:

To find these Redevelopment Plans and the zoning

& land use regulations they contain, visit the Newark
Planning Office website at planning.ci.newark.nj.us or
call the Newark Municpal Clerk at (973) 733–3669.
49
Chapter 2. Definitions
40:2-1. General by NJDHSS, pursuant to NJSA 26:2Y-1 et seq., “New

Whenever the following terms, words or phrases are Jersey Adult Family Care Act.”
used in this Title, they shall have the meaning and
scope herein given. Words used in the present tense Airport shall mean and include the Newark Liberty
include the future; the singular number includes the International Airport, flight training schools, aircraft
plural and the plural includes the singular. The word hangers, airport repair and maintenance facilities,
“lot” includes the word “plot;” the word “building” aircraft chartering operations, air freight operations,
includes the word “structure;” the word “zone” includes and accessory maintenance, storage, and commercial
the word “district;” the word “occupied” includes the uses that directly serve airport users on airport
words “designed or intended to be occupied” and the property.
word “used” includes the words “arranged, designed or
intended to be used.” Aisle or Parking Aisle shall mean the traveled way by
which cars enter and depart parking spaces.
40:2-2. Definitions
Alley shall mean a minor way which is used primarily
Accessory Building (See “Structure, Accessory”). for vehicular service access to the back or side of
properties otherwise abutting on a street.
Accessory Storage Structure shall mean a shed,
accessory structure or building used primarily for Alterations shall mean any change or rearrangement
storage purposes. Shed is defined herein. in the supporting members of an existing building, such
as bearing walls, columns, beams, girders, or interior
Accessory Structure (See “Structure, Accessory”). partitions, as well as any change in doors, windows,
means of ingress or egress, or any enlargement to or
Accessory Use (See “Use, Accessory”). diminution of a building structure, whether horizontally
or vertically, or the moving of a building or structure
Active Recreation Park (See “Park: Recreation Park, from one location to another.
Active”).
Animal shall mean a living organism other than a plant
Addition shall mean an extension or increase in floor or bacterium, including fish, amphibians, reptiles, birds,
area or height to an existing building or structure. and other mammals, excluding humans.
Adjoining Lot or Land shall mean a lot or parcel of Animal Boarding or Kennel shall mean any
land that shares all or part of a common lot line with establishment wherein or whereupon the business of
another lot or parcel of land. boarding or selling or breeding of dogs and/or cats for
sale is carried on, except a pet shop.
Adult Day Care (See “Community Center” or “Adult
Family Care home). Animal Day Care shall mean any place kept or
maintained for the care, grooming, training, exercising,
Adult Family Care Home shall mean a residence and socializing of live dogs or cats for less than
regulated by the New Jersey Department of Health twenty-four (24) hours per day by a person other than
and Senior Services (NJDHSS) and housing no the owner of the live animal. Animal day care does not
more than three (3) clients which offers 24-hour per include facilities that provide animal boarding, breeding
day living arrangements for persons who, because or selling of animals, or facilities whose primary source
of age or physical disability, need assistance with of revenue is licensed veterinarian services.
activities of daily living, and for whom personal care
and other supportive services designed to meet their Animal, Domesticated shall mean an animal no larger
individual needs are provided by caregivers licensed than the largest breed of dogs. This term includes fish,
50
birds, and mammals customarily kept as domestic pets Aquaculture Farms (See “Urban Farm”).
within a dwelling unit.
Aquaponic Farms (See “Urban Farm”).
Animal Grooming shall mean any place or
establishment whose primary service offered is to Array shall mean a linked collection of photovoltaic
be a place where cats or dogs are bathed, clipped or modules which are in turn made of multiple
combed for the purpose of enhancing their aesthetic interconnected solar cells.
value and/or health. Such use shall not include animal
boarding, kennels or animal daycare. Artist Live/Work Studio (Nuisance Producing)
shall mean a place designated to be used as both
Animal Market, Live shall mean a retail sales food a dwelling place and a place of work by artists and
market where, in the regular course of business, non- craftspersons for the production of (a) paintings,
domesticated animals are stored alive for the purpose drawings, jewelry, pottery or sculpture involving the
of on-site slaughtering, dressing and/or evisceration use of fiberglass, epoxy and other toxic or hazardous
to be sold to consumers for the purpose of human materials or one or more of the following processes:
consumption. welding, woodworking, spray painting, silk screening
or fired ceramics, (b) dance or live music involving
Animal Shelter shall mean any establishment where electronically amplified sound, or (c) moving or still
stray, homeless, abandoned, or unwanted domesticated photography (excluding video) involving on-site film
animals are received, housed and distributed. Such use processing. Artists engaged in their residence in
shall be owned, operated, or maintained by a public the production of dance, live music, creative writing,
body, established humane society, animal welfare painting, drawings, pottery or sculpture, video, moving
society, or other nonprofit organization devoted to the or still photography, or any other art form or craft which
welfare, protection, and humane treatment of animals. does not involve amplified sound or one (1) or more of
the materials or processes listed above shall not be
Apartment House. See “Dwelling, Multi-Family/ considered an artist live/work studio for the purpose of
Multiple Dwelling”). this Chapter.
Applicant shall mean a developer submitting an Assisted Living Facility shall mean a facility or
application for development. portion thereof which is licensed by the New Jersey
Department of Health and Senior Services to provide
Application for Development shall mean the apartment-style housing and congregate dining and to
application form and all accompanying documents assure that assisted living services are available when
required by ordinance for approval of a subdivision needed, for four (4) or more adult persons unrelated to
plat, site plan, planned development, conditional use, the proprietor. Apartment units offer, at a minimum, one
zoning variance or direction of the issuance of a permit (1) unfurnished room, a private bathroom, a kitchenette,
pursuant to section 25 or section 27 of P.L. 1975, c.291 and a lockable door on the unit entrance.
(C.40:55D-34 or C.40:55D-36).
Attic shall mean that part of a building which is
Approved Plan shall mean a plan that has been immediately below, and wholly or partly within, the roof
granted final approval by the appropriate approving framing.
agency.
Attic, Habitable shall mean an attic that has a
Approving Agency shall mean the planning board stairway as a means of access and egress and in
of the municipality, unless a different agency is which the ceiling area at a height of seven (7) feet
designated by ordinance when acting pursuant to the above the attic floor is not more than one-third (1/3) of
authority of P.L. 1975, c. 291 (C.40:55D-1 et seq.). the area of the next floor below.
51
Automobile shall mean a self-propelled, free-moving deposit motor vehicles in a parking space or to serve
vehicle with four (4) wheels, usually used to transport as the mechanism to provide a parking space by
not more than eight (8) passengers, and licensed by an moving motor vehicles vertically and/or horizontally
appropriate agency as a passenger vehicle. above floor level on pallets or platforms equipped with
tracks, channels or similar devices to hold the vehicle’s
Automobile Car Wash shall mean an establishment wheels, not the vehicle frame or designated support
that provides for the washing, cleaning, waxing or points, in place while the vehicle is being moved
detailing of passenger vehicles, either by means vertically or horizontally.
of employees or by means of automated or semi-
automated methods or cleaning, or by a combination Auto-Sharing Organization shall mean a
thereof. membership-based entity with a distributed fleet of
private motor vehicles that are made available to its
Automobile Paint & Body Repair shall mean those members primarily for hourly or other short term use
establishments which provide wrecker service; collision through a self-service fully automated reservation
services including body frame or fender straightening; system. An auto-sharing organization does not include
customizing; vehicle steam cleaning; undercoating and any arrangement where a separate written agreement
rust proofing; or repair and painting of the exterior or is entered into each time a vehicle is transferred from
interior of vehicles by spraying, dipping flow-coating or a rental company to its customer.
similar means; and other similar uses. Automobile paint
and body repair may also include diagnostic services, Bail Bond Agency shall mean a person or
general repair associated with automobile repair shops. establishment who pledges United States currency,
United States postal money orders, or cashier’s checks
Automobile Repair & Tire Repair A facility for the as security for a bail bond in connection with a judicial
servicing or minor mechanical repair of motor vehicles. proceeding and receives or is promised there for
This use may include the retail sale of lubricating oils, money or other things of value.
tires, or parts for use in motor vehicles. This use does
not include as its primary function the disassembly, Bars, Taverns, Lounges shall mean an establishment
rebuilding, and replacement of motor vehicle engines, licensed by the New Jersey Division of Alcoholic
transmissions, or other major machinery components, Beverage Control to sell alcoholic beverages for
nor auto body repair or painting. consumption by patrons on the premises. Pursuant
to NJSA 33:1-12, packaged crackers, chips, nuts and
Automobile Rental shall mean an establishment used similar snacks may be sold as an accommodation to
for the purpose of renting automobiles, small trucks or patrons. For the purposes of this Chapter, a “bar, tavern
vans, trailers, motorcycles, or recreational vehicles. or lounge” shall be deemed an “eating and drinking
Automobile Repair shall mean those establishments, establishment” only if food is prepared, served and
excluding automobile paint and body repair shops, consumed on the premises.
that repair, install, or maintain the mechanical
components or the bodies of autos, small trucks or Basement shall mean a space having more than one-
vans, motorcycles, or recreational vehicles inclusive of half its floor-to-ceiling height above the average level
recreational boats. of the adjoining ground. A basement shall be counted
as a story if the distance between the grade elevation
Automobile Sales shall mean those uses that provide to the floor immediately above equals or exceeds
for the sale of new or used automobiles, small trucks seven (7) feet.
or vans, trailers, motorcycles, or recreational vehicles.
And including any vehicle preparation, warranty, or Bedroom shall mean a private room intended or used
repair work conducted as an accessory use. for sleeping separate from other rooms by a door or
other physical barrier.
Automobile Towing Facility (See “Vehicle Towing
Facility”). Billboard shall mean an outdoor sign or combination
of signs with size greater than sixteen (16) square
Automotive Lift shall mean equipment designed to feet that directs attention to or advertises a business,
52
commodity, service, or entertainment conducted, sold, Building, Semi-Detached shall mean a building that
or offered at a location other than the premises on abuts or shares a wall, on a side lot line, with another
which the sign is located. This definition does not building on an adjoining zoning lot and where the
include advertising placed on a public bus or railroad remaining sides of the building are surrounded by
shelter, inside an athletic or performing arts facility, open areas or street lines.
or other signs erected by the City of Newark, its
designee, or a State or municipal public transportation Building Coverage shall mean the ratio of the
agency. This definition also does not include artistic horizontal area, measured from the exterior surface
murals with no commercial purpose nor does it include of the exterior walls of the ground floor of all principal
wayfinding or neighborhood welcome signs erected building and accessory buildings on a lot to the total
with the Department of Engineering’s approval. This lot area.
definition shall also not apply to any official sign
established pursuant to the provisions of the Manual of Building Footprint shall mean the area encompassed
Uniform Traffic Control Devices erected on any public by a building’s outer wall at ground level.
highway by the public authority having jurisdiction over
that public highway. For the purpose of this ordinance, Building Height (See “Height of Building”).
the terms “billboard” and “billboard facility” shall
both mean the sign face, border, support hardware, Business, Specialized or Vocational Schools shall
mounting hardware, and all other physical items mean and include institutions engaged in specialized
constructed for the purpose of facilitating a billboard. instructional areas such as but not limited to driving,
Board of Adjustment means the board established trade, language school, art, music, and dance schools.
pursuant to section 56 of P.L. 1975, c. 291
(C.40:55D-69). Cabarets (See “Nightclubs, Discotheques &
Cabarets”).
Body Art Studio shall mean any establishment where
tattooing, permanent make-up and/or body piercing Cable Television Company means a cable television
(other than ear piercing) takes place and that meets company as defined pursuant to Section 3 of P.L. 1972,
the requirements of NJAC 8:27-1 et. seq. This definition c. 186 (C.48:5A-3).
does not include practices that are considered medical
procedures by the New Jersey State Board of Medical Capital Improvement means a governmental
Examiners. acquisition of real property or major construction
project.
Building shall mean a combination of materials to
form a construction adapted to permanent, temporary, Cellar shall mean that portion of a building below the
or continuous use or occupancy and having a roof. first floor level having more than one-half (1/2) of its
height below the curb level at the center of the street
Building, Accessory (See “Structure, Accessory”). in front of the building. Where the walls of a building
do not adjoin a street or building line, then a cellar is
Building, Attached shall mean a building that abuts a story having more than one-half (1/2) of its height
two (2) side lot lines or is one (1) of a row of abutting below the average level of the ground on which the
buildings. building stands.
Building, Detached shall mean a freestanding Cemetery shall mean property used for the internment
building that does not abut any other building and of the dead.
where all sides of the building are surrounded by yards
or open areas within the zoning lot. Central Planning Board shall mean the municipal
planning board of the City of Newark established
Building, Principal shall mean a building in which pursuant to NJSA 40:55D-1 et seq.
is conducted a principal use of the lot on which it is
located. Certificate of Code Compliance shall mean a
certificate issued by the Director of the Department of
53
Neighborhood & Recreational Services that indicates children are attending religious services;
that a structure intended for human habitation • A program of specialized activity or instruction
including any dwelling, residence or apartment building for children that is not designed or intended for
has been inspected and appears to be in compliance child care purposes, including, but not limited to,
with the minimum standards for habitation described Boy Scouts, Girl Scouts, 4-H clubs, and Junior
by the Director in his/her housing and zoning Achievement, and single activity programs such
regulations. as athletics, gymnastics, hobbies, art, music,
and dance and crafeet instruction, which are
Check-Cashing Establishment shall mean a person supervised by an adult, agency or institution;
or business that for compensation engaged, in whole • Youth camps required to be licensed under the
or in part, in the business of cashing checks, warrants, “New Jersey Youth Camp Safety Act,” P.L.1973,
drafts, money orders, or other commercial paper c.375 (C.26:12-1 et seq.). To qualify for an exemption
serving the same purpose. Such facility does not from licensing under this provision, a program must
include a state or federally chartered bank, savings have a valid and current license as a youth camp
association, credit union, or industrial loan company. issued by the Department of Health and Senior
Services. A youth camp sponsor who also operates
Child, Children shall mean a person under the age of a child care center shall secure a license from
eighteen (18) years. the Department of Children and Families for the
center;
Child Care Center shall mean any facility which is • Day training centers operated by or under contract
maintained for the care, development, supervision with the Division of Developmental Disabilities
of six (6) or more children who attend the facility for within the Department of Human Services;
less than twenty-four (24) hours a day and that is • Programs operated by the board of education of
licensed by the State of New Jersey pursuant to NJSA the local public school district that is responsible
30:5B-1 et seq. This term shall include, but shall not be for their implementation and management;
limited to, day care centers, drop-in centers, nighttime • A program such as that located in a bowling
centers, recreation centers sponsored and operated alley, health spa or other facility in which each
by a county or municipal government recreation or child attends for a limited time period while the
park department or agency, day nurseries, nursery parent is present and using the facility;
and play schools, cooperative child centers, centers • A child care program operating within a
for children with special needs, centers serving sick geographical area, enclave or facility that is owned
children, infant-toddler programs, school age child care or operated by the Federal government;
programs, employer supported centers, centers that • A family day care home that is registered pursuant
had been licensed by the New Jersey Department of to the “Family Day Care Provider Registration Act,”
Human Services prior to the enactment of the “Child P.L.1987, c.27 (C.30:5B-16 et seq.); and
Care Center Licensing Act,” P.L.1983, c.492 (C.30:5B-1 • Privately operated infant and preschool programs
et seq.) and kindergartens that are not an integral part that are approved by the Department of Education
of a private educational institution or system offering to provide services exclusively to local school
elementary education in grades kindergarten through districts for handicapped children, pursuant to
sixth, seventh or eighth. This term shall not include: N.J.S.18A:46-1 et seq.
• A program operated by a private school
which is run solely for educational purposes. Cigar Bar/Lounge shall mean any bar, or area
This exclusion shall include kindergartens, within a bar, designated specifically for the smoking
prekindergarten programs or child care centers of tobacco products, purchased on the premises or
that are an integral part of a private educational elsewhere, except that a cigar bar that is in an area
institution or system offering elementary education within a bar shall be an area enclosed by solid walls
in grades kindergarten through sixth, seventh or or windows, a ceiling and a solid door and equipped
eighth; with a ventilation system which is separately exhausted
• Centers or special classes operated primarily for from the nonsmoking areas of the bar so that air from
religious instruction or for the temporary care the smoke area is not recirculated to the nonsmoking
of children while persons responsible for such areas and smoke is not backstreamed into the
nonsmoking areas.
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Cigar/Tobacco Retail Sales Establishment shall truck and bus services include truck stops and fueling
mean a retail sales establishment in which at least 51% facilities. Such uses may have as an accessory use
of the business is the sale of tobacco products and facilities for washing the vehicles.
accessories, and in which the sale of other products is
merely incidental. Commercial, Industrial Truck & Bus Wash shall
mean an establishment that provides for the washing
Circulation shall mean systems, structures and of tractor-trailer trucks, busses and other large
physical improvements for the movement of people, commercial vehicles by means of automated or semi-
goods, water, air, sewage or power by such means automated methods of cleaning, or by a combination
as streets, highways, railways, waterways, towers, thereof.
airways, pipes and conduits, and the handling of
people and goods by such means as terminals, Commercial Antenna Equipment Housing
stations, warehouses and other storage buildings or Structure shall mean any structure or part of a
transshipment points. structure used to store, maintain, or operate equipment
involved in the operation of a commercial antenna
City shall mean the City of Newark. including electronic equipment.
City Clerk shall mean the Clerk of the City of Newark. Commercial Antenna Project shall mean any
installation of commercial antennas within the City
Coldframe shall mean an unheated outdoor structure of Newark. This shall include mounting on existing
consisting of a wooden or concrete frame and a top of structures, construction of any type of tower or other
glass or clear plastic, used for protecting seedlings and structure for commercial antenna purposes, installation
plants from the cold. of electronic equipment, construction or creation of
cabinets, rooms or sheds for electronic equipment.
College/University shall mean and include private or
public colleges, universities or junior colleges, or other Commercial Antennas & Mircrowave Dishes shall
institutions of higher learning, which primarily teach mean any combination of antennas and support
classes that would count toward any bachelor degree, accessory structures and buildings and antennas
and the institutions associated dormitories. “College/ designed in whole or in part for the reception and/
university” shall not include “business or vocational or transmission of wireless communications including
schools,” as defined herein. cellular and personal communications systems (PCS)
signals or other form of radio frequency energy as
Colocation site shall mean locating two (2) or more part of a licensed radio television microwave, or
transmission antennas, microwave dishes or related other wireless communication facility, any system
equipment on the same cellular antenna tower or or reception devices including an amateur radio
building. operation that is subject to license by the Federal
Communication Commission, shall fall under the
Columbarium shall mean a building or structure definition and regulations of commercial antennas.
containing niches for the placement of cremated
human remains. Commercial Garage shall mean any building or
premises used for the storage of one (1) or more
Commercial shall mean a land use category that buses, trucks, tractors, trailers, bulldozers and other
consists of a place of activity involving the sale of heavy motor-driven equipment, including storage
goods or services or the operation of an office. for manufacture, repair, demonstration, sale, rental,
painting, adjustment or inspection of the foregoing.
Commercial, Industrial Truck & Bus Services shall
mean those establishments which repair, install or Commercial Recreation shall mean a building, group
maintain the mechanical components or bodies of; or of buildings or outdoor facilities used for recreational
provide for the sale and rental of large trucks, mass purposes and operated as a business and open to
transit vehicles, large construction or agricultural the public for a fee, including skating and roller rinks,
equipment, or commercial boats. Commercial, industrial bowling alleys, pool and billiard halls, indoor batting
55
cages, rock climbing, indoor play areas, sports fields, who require assistance, temporarily or permanently,
recreation centers, and indoor swimming pools or in order to live in the community, and shall include,
tennis courts, arcades, paintball and laser tag. but not be limited to: group homes, halfway houses,
intermediate care facilities, supervised apartment
Common Open Space shall mean an open space living arrangements, and hostels. Such a residence
area within or related to a site designated as a shall not be considered a health care facility within
development, and designed and intended for the the meaning of the “Health Care Facilities Planning
use or enjoyment of residents and owners of the Act,” P.L.1971, c.136 (C.26:2H-1 et al.). In the case of
development. Common open space may contain such such a community residence housing mentally ill
complementary structures and improvements as are persons, such residence shall have been approved
necessary and appropriate for the use or enjoyment of for a purchase of service contract or an affiliation
residents and owners of the development. agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental
Community Center shall mean a building used for Health and Hospitals of the Department of Human
recreational, social, educational and cultural activities, Services. As used in this act, “developmentally disabled
open to the public or a designated part of the public, person” means a person who is developmentally
usually owned and operated by a public or non-profit disabled as defined in section 2 of P.L.1977, c.448
group or agency. A community center shall include (C.30:11B-2), and “mentally ill person” means a person
those facilities with regular operating hours and who is afflicted with a mental illness as defined in
staff that provide a broad spectrum of health, social, R.S.30:4-23, but shall not include a person who has
nutritional and educational services and recreational been committed after having been found not guilty of
activities. This use shall also include a Senior Center. a criminal offense by reason of insanity or having been
This use shall not include Child Care Centers, found unfit to be tried on a criminal charge.
Substance Abuse Treatment Centers, or Private Clubs.
Community Residence for Persons with Head
Community Farmers’ Market shall mean an Injuries shall mean a community residential facility
established area with multiple stalls where three (3) or licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.)
more farmers/growers gather on a regular, recurring providing food, shelter and personal guidance, under
basis to sell food crops and non-food crops directly to such supervision as required, to not more than fifteen
the consumer. (15) persons with head injuries, who require assistance,
temporarily or permanently, in order to live in the
Community Garden shall mean an area less than community, and shall include, but not be limited to:
one (1) acre managed and maintained by a group of group homes, halfway houses, supervised apartment
individuals to grow and harvest food crops or non-food living arrangements, and hostels. Such a residence
ornamental crops, such as flowers, for personal or shall not be considered a health care facility within the
group consumption or donation. A community garden meaning of the “Health Care Facilities Planning Act,”
area may be divided into separate garden plots or P.L.1971, c.136 (C.26:2H-1 et al.). “Person with head
orchard areas for cultivation by more than one (1) injury” means a person who has sustained an injury,
individual or may be farmed collectively by members illness or traumatic changes to the skull, the brain
of the group for a minimum of 15 hours a week during contents or its coverings which results in a temporary
the growing season. A community garden may include or permanent physiobiological decrease of mental,
common areas maintained and used by the group. cognitive, behavioral, social or physical functioning
Community gardens may be principal or accessory which causes partial or total disability.
uses and may be located on a roof or within a building.
Community Residence for the Terminally Ill shall
Community Residence for the Developmentally mean any community residential facility operated as
Disabled shall mean any community residential facility a hospice program providing food, shelter, personal
licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) guidance and health care services, under such
providing food, shelter and personal guidance, under supervision as required, to not more than fifteen (15)
such supervision as required, to not more than fifteen terminally ill persons.
(15) developmentally disabled or mentally ill persons,
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Community Shelter for Victims of Domestic bicycle repair; musical instrument repair; and other
Violence shall mean any shelter approved for a closely-related uses as determined by the Zoning
purchase of service contract and certified pursuant to Officer. This use shall not include automobile paint
standards and procedures established by regulation and body repair, automobile repair. Dry cleaning and
of the Department of Human Services pursuant to laundry establishment, laundromats, or a commercial/
P.L.1979, c.337 (C.30:14-1 et seq.), providing food, wholesale laundry facility are defined herein.
shelter, medical care, legal assistance, personal
guidance, and other services to not more than fifteen Convenience Retail shall mean a retail sales
(15) persons who have been victims of domestic establishment offering prepackaged food products,
violence, including any children of such victims, who toiletries, household items, tobacco products,
temporarily require shelter and assistance in order to newspapers and magazines, flower arrangements,
protect their physical or psychological welfare. and freshly prepared foods for off-site consumption.
Such use includes bodegas. Such uses do not include
Community-Supported Farms (See “Urban Farm”). take-out restaurants, as defined herein, or any other
establishment where the primary use is the retail
Composting shall mean combining organic waste sale of food. Convenience retail establishments shall
in proper ratios into rodent-resistant containers, not include any commercial cooking appliances for
adding moisture and bulking agents to accelerate the heating or cooking food which produce grease vapors,
breakdown of organic materials to create compost, the steam, fumes, smoke or odors that are required to be
organic materials that can be used as soil amendment removed through an independent exhaust system.
or as a medium to grow plants. Such appliances include deep fat fryers; upright
broilers; griddles; broilers; steam-jacketed kettles; hot-
Conditional Use shall mean a use permitted in a top ranges; under-fired broilers (charbroilers); ovens;
particular zoning district only upon a showing that barbeques; rotisseries; and similar appliances.
such use in a specified location will comply with the
conditions and standards for the location or operation County shall mean County of Essex, New Jersey.
of such use as contained in the zoning ordinance and
upon the issuance of an authorization therefor by the County Master Plan shall mean a composite of the
Central Planning Board. Where, however, the applicant master plan for the physical development of Essex
fails to meet one (1) or more of the conditions set forth County with the accompanying maps, plats, charts and
in the ordinance, the application must be to the Zoning descriptive and explanatory matter adopted by the
Board of Adjustment in accordance with the provisions county planning board pursuant to R.S. 40:27-2 and
of NJSA 40:55D-70d(3). R.S. 40:27-4.
Consignment Store shall mean a retail sales County Planning Board shall mean the Essex County
establishment where previously-owned merchandise, Planning Board.
such as clothing, jewelry or other apparel and
accessories is consigned to a dealer who collects a Crematorium, Human shall mean a structure
fee and pays the seller after the merchandise is sold, containing cremation chambers used to cremate
but shall not include stores selling used furniture, human remains.
appliances, vehicles, auto parts, scrap or waste.
Consignment shops shall not include any provisions for Crematorium, Animal shall mean a stand-alone
after-hours drop-off of merchandise such as outdoor facility dedicated to the disposition of dead animal
donation bins. See also “Resale or Thrift Shop.” remains by means of cremation.
Consumer Repair Services shall mean and Curb Level shall mean the permanently established
include the provision of repair services directly to the grade of the street curb in front of the lot.
consumer which shall include, but not be limited to,
appliance repair; locksmiths; shoe and apparel repair Danceclub (See “Nighclubs, Discotheques &
including tailors; jewelry, watch and clock repair; Cabarets”).
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Dance Halls (See “Nightclubs, Discotheques & Discotheques (See “Nightclubs, Discotheques &
Cabarets”). Cabarets”).
Data Center shall mean a centralized repository Donation Bin shall mean any enclosed receptacle
for the storage, management, and dissemination or container made of metal, steel, plastic or a similar
of data and information. It houses critical computer product and designed or intended for the donation
systems and associated components for companies through a slot in the receptacle and the temporary
and organizations. Often data centers are referred storage of clothing, eyeglasses or other materials.
to as “collection data centers” which means that
several businesses may rent space to house their Dormitory shall mean a building, or portion thereof,
servers in a common location. A data center generally containing rooms which are provided as residences
includes environmental controls (air conditioning, fire or for overnight sleeping for individuals or groups,
suppression, etc.), redundant/backup power supplies, and includes those residences utilized by fraternities
redundant data communications connections and high or sororities which are recognized by or owned by a
security. school or institution of higher education, but does not
include those residences or multiple dwellings utilized
Day Care Facilities (See “Child Care Center”). by students which are not recognized by or owned by a
school or institution of higher education. A dormitory is
Days shall mean calendar days. not to include a building used primarily to house faculty
or a multiple dwelling in which occupancy of each
Density shall mean the permitted number of dwelling dwelling unit is limited to persons who are members of
units per gross area of land to be developed. a single-family group.
Department Store shall mean a business which is Drainage shall mean the removal of surface water
conducted under a single owner’s name wherein a or ground water from land by drains, grading or other
variety of unrelated merchandise and services are means and includes control of runoff during and after
housed, enclosed, and are exhibited and sold directly construction or development to minimize erosion and
to the customer for whom the goods and services are sedimentation, to assure the adequacy of existing
furnished. This use shall not include a flea market or and proposed culverts and bridges, to induce water
bazaar as defined herein. recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream
Developer shall mean the legal or beneficial owner or channels for their biological functions as well as for
owners of a lot or of any land proposed to be included drainage, and the means necessary for water supply
in a proposed development, including the holder of an preservation or prevention or alleviation of flooding.
option or contract to purchase, or other person having
an enforceable proprietary interest in such land. Drainage Right-Of-Way shall mean the land required
for the installation of storm water sewers or drainage
Development shall mean the division of a parcel of ditches, or required along a natural stream or water
land into two (2) or more parcels, the construction, course for preserving the channel and providing for the
reconstruction, conversion, structural alteration, flow of water therein to safeguard the public against
relocation or enlargement of any building or other flood damage.
structure or of any mining excavation or landfill,
and any use or change in the use of any building or Drive-Through Facility shall mean a commercial
structure, or land or extension of use of land, for which facility or structure that is designed to allow patrons
permission may be required pursuant to this Title. to order and receive goods and services via a service
window or mechanical device, while remaining in their
Development Regulation shall mean the zoning vehicles at all times and the consumption or utilization
ordinance, subdivision ordinance, site plan ordinance, of which shall be off premises. Such facilities shall
official map ordinance or other municipal regulation include banks, pharmacies, and eating and drinking
of the use and development of land, or amendment establishments. Drive-through facilities may be either
thereto adopted and filed pursuant to this Title. a principal or accessory use. This use shall not include
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an automobile car wash or the selling of fuel at a containing three (3) dwelling units, attached either
gasoline service station. vertically or horizontally per tax lot.
Driveway shall mean a private roadway providing Dwelling, Town House shall mean one, two-, or
access to a street or highway. three-family dwelling buildings in a row of at least
three (3) such buildings in which each unit has its own
Dry cleaning and laundry establishment shall front and rear access to the outside, no unit is located
mean an establishment where on-site drycleaning is over another unit, and each unit is separated from any
performed. A dry cleaning and laundry establishment other unit by one (1) or more vertical common fire-
does not include a laundry or laundromat which resistant walls.
provides self-service type washing and drying for use
of retail customers. Dwelling, Two-Family shall mean and include
detached, semi-detached or attached buildings
Drug Store (See “Retail Sales, General Consumer containing two (2) dwelling units, attached either
Goods”). vertically or horizontally per tax lot.
Dwelling shall mean any building or portion thereof, Eating and Drinking Establishment shall mean
which is designed for or occupied exclusively for an establishment whose primary activity is the sale
human habitation. of prepared food or beverages for consumption by
the public either on or off its premises. This use shall
Dwelling, Above the Ground Floor of Retail, Office include sit-down restaurants and take-out restaurants.
or Service Use shall mean and include dwelling units This use shall not include supermarkets; liquor stores;
located in multi-story buildings, but only above the fresh food markets; fish, meat and poultry markets;
ground floor retail, office or service uses. or live animal markets; or other food stores with
accessory take-out food activity or retail sales uses,
Dwelling, Four-Family shall mean and include including convenience stores, which sell prepackaged
detached or attached buildings containing four (4) or bulk ready-to-eat foods with no on-site food
dwelling units, attached either vertically or horizontally. preparation area; nor shall it include cafeterias that
are accessory to hospitals, schools or other similar
Dwelling, Multi-Family/Multiple shall mean and principal uses.
include buildings containing more than four (4) • Sit-Down Restaurant shall mean an eating and
dwelling units where each unit is joined to other drinking establishment that does not meet the
dwelling units above, adjacent and/or below. “Multi- definition of a take-out restaurant, in which the
family dwellings” may include apartment buildings and principal use is the service of preparing food and/
condominiums, as defined herein. or beverages for consumption on the premises.
• Low-Rise Multi-Family shall mean up to four (4) It may have a take-out food use as an incidental
stories or forty-eight (48) feet, whichever is less. use to the primary use. It may provide on-site
• Mid-Rise Multi-Family shall mean up to eight (8) beer, wine and/or liquor sales for drinking on
stories or ninety-six (96) feet, whichever is less. the premises if the requisite licenses have been
• High-Rise Multi-Family shall mean nine (9) stories obtained from the State of New Jersey Division of
or greater or taller than one hundred eight (108) Alcohol Beverage Control. Aside from incidental
feet. take-out service, service of prepared food and/or
beverages for consumption shall require customers
Dwelling, Row House (See “Dwelling, Town House”). to order at a table, booth, or dining counter with
service by the waiter or waitress at said table,
Dwelling, Single-Family shall mean and include booth or dining counter. Restaurants may have a
detached, semi-detached or attached buildings combination of seating options, including indoor
containing only one (1) dwelling unit per tax lot. and sidewalk cafes as defined herein.
• Take-Out Restaurant shall mean an eating and
Dwelling, Three-Family shall mean and include drinking establishment with or without seating
detached, semi-detached or attached buildings which provides ready-to-eat food prepared on-
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premises in disposable wrappers or containers, rehabilitate such persons or to assist them in adjusting
to a high volume of customers, who generally to the community or society. This definition shall not
carry out the food for immediate consumption include any society, club, fraternity, sorority, association,
off the premises. A take-out restaurant has a lodge, federation, or like organizations.
service counter where all customers pay for their
ordered items before consumption and may have Family Day Care Home shall mean the private
accessory drive-through windows. A take-out residence of a family day care provider which is
restaurant utilizes commercial cooking appliances registered as a family day care home pursuant to the
for heating or cooking food which produce grease “Family Day Care Provider Registration Act,” P.L. 1987,
vapors, steam, fumes, smoke or odors that are c. 27 (C.30:5B-16 et seq.)
required to be removed through an independent
exhaust system. Such appliances include deep Farm Stand shall mean a retail outlet normally owned
fat fryers, up-right broilers, kettles, ranges, char- or operated by a producer or farm unit, located on-farm
broilers, ovens, barbecues, rotisseries, and similar or off-farm selling mainly products produced by the
appliances. farm, directly to the consumer. Farm stands shall be a
permitted accessory use to market gardens and urban
Electric or Gas Power Distribution shall mean a farms only.
facility which transfers power from the transmission
system to the distribution system of an area; the Farmers’ Market (See “Community, Farmers’ Market”).
distribution station reduces voltage to a level suitable
for local distribution. Final Approval shall mean the official action of the
Reviewing Board taken on a preliminarily approved
Electrical or Telephone Switching Facility major subdivision or site plan, after all conditions,
shall mean a system of electrical equipment that engineering plans and other requirements have been
interconnects several electrical transmission lines for completed or fulfilled and the required improvements
the purpose of allowing the transmission lines to be have been installed or guarantees properly posted
serviced and maintained without disruption of power. for their completion, or approval conditioned upon the
posting of such guarantees.
Emergency Food Distribution Center shall mean
a building or a portion of a building in which an Finance, Insurance, Real Estate, and Securities
organization or agency provides immediate hunger Brokerage Consumer Services shall mean
relief to individuals and families who are in need. This consumer service establishments including a
use shall include food pantries and soup kitchens. commercial bank, savings bank, savings and loan
association, credit union, mortgage office, automated
Environmental Commission shall mean the Newark teller machine facility, office of tax preparer, securities
Environmental Commission. broker, insurance broker, or real estate broker. This
definition is limited to only those establishments
Erosion shall mean the detachment and movement of which serve the general public. This definition does
soil or rock fragments by water, wind, ice, and gravity. not include check-cashing, pawnshops or bail bond
establishments.
Exterminator & Pesticide Application Business
shall mean a business or person who either wholly Fish, Meat and Poultry Market shall mean a retail
or in part holds himself out to hire to apply pesticides food store supplying meat, poultry, fish and seafood
including landscapers, tree services and aerial products intended for home preparation, consumption,
applicators. and use; and where meat processing is limited to
making cuts of meat from preprocessed carcasses.
Family shall mean one (1) or more persons who live The use shall include butcher shops but shall not
together as a bona fide single nonprofit housekeeping include on-site slaughtering. See “Animal Market, Live.”
unit. Unless otherwise required by law, this definition
of family shall not apply to persons living in a facility or Fitness Center shall mean an enclosed building or
home devoted to treatment or services designated to structure containing multi-use facilities for conducting
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recreational activities such as aerobic exercises, used for the preparation of deceased human beings
running and jogging, exercise equipment, sports for burial or internment and for the display of the
courts, and swimming facilities. This use also includes deceased and ceremonies connected therewith before
establishments for group fitness instruction such as burial or cremation.
yoga, Pilates, karate and dance studios, as well as
boxing gyms. This use may include accessory saunas, Furniture and Appliance Stores, Used shall mean
showers, massage rooms and lockers, snack bars a retail sales establishment in which the proprietor
providing non-alcoholic drinks and pre-packaged primarily sells used household goods (generally
snacks not prepared on the premises, and sports furniture and appliances) that have been acquired
equipment and clothing shops. through donation or purchase, with the proprietor
retaining the sales proceeds.
Flea Market/Bazaar shall mean an occasional sale
or periodic market held indoors or out of doors, where Galleries (See under “Retail Sales, General Consumer
new or used items are sold from individual vendors Goods”).
each operating independently from the other vendors.
Gasoline Station shall mean any building, land area
Floor Area, Grade Level shall mean the square or other premises or portion thereof used primarily
footage of the floor of the building at grade level which or intended to be used for the retail dispensing or
will determine whether the building is: (a) exempt from sales of vehicular fuels and including, as an accessory
the Site Plan Review; (b) a Minor Site Plan; (c) a Major use, minor repairs and the sale of and installation
Site Plan. of lubricants, batteries and similar accessories. A
convenience store may be an accessory use to a
Floor Area, Gross (GFA) shall mean the sum of gasoline station.
the gross horizontal areas of all enclosed floors of a
building or buildings, including basements, habitable General Consumer Goods Retail Sales (See “Retail
attics, mezzanines, corridors, and lobbies measured Sales, General Consumer Goods”).
from the exterior faces of exterior walls or from
the centerline of a common wall separating two (2) Go-Go Establishment shall mean any establishment
buildings. Gross floor area does not include any areas which permits persons to perform dancing or other
devoted or used solely for off-street parking and similar entertainment in a lewd, licentious or lascivious
loading. Gross floor area does not include cellars, manner, with less than completely and opaquely
uninhabitable attics, exterior balconies, uncovered covered human genitals, pubic region, buttocks and/
steps, or inner courts. or female breasts below a point immediately above
the top of the areola, or human male genitals in a
Floor Area Ratio, Net shall mean the total of all floor discernibly turgid state even if completely or opaquely
areas of a building, excluding stairwells and elevator covered, for the benefit of its patrons.
shafts, equipment rooms, interior vehicular parking or
loading; and all floors below the ground floor, except Governing Body means the Municipal Council which
when these are used or intended to be used for acts as the chief legislative body of the City of Newark.
human habitation or service to the public.
Governmental Use shall mean the use of land,
Fresh Food Market shall mean an establishment in buildings or structures by any department, commission,
which the sale of fresh fruits and vegetables to the independent agency or instrumentality of the United
general public occupies at least 50% of the gross floor States, of a state, county, authority, district or other
area and is less than ten thousand (10,000) square feet governmental unit other than the City of Newark.
of gross floor area.
Greenhouse shall mean a building made of glass,
Frontage shall mean that side of a lot abutting on a plastic or fiberglass in which plants are cultivated.
street; the front lot line.
Ground-Mounted Installation shall mean solar
Funeral Home or Mortuary shall mean a building installations that are freestanding or attached to
61
framework that is at grade. Height of Building shall mean measured to the

highest point of the roof from the mean elevation of
Gun, Ammunition/Weapons Dealers shall mean the finished grade from all exterior walls.
any retail sales establishment engaged in selling,
leasing, purchasing, or lending of guns, firearms, or Heliport shall mean an area used or intended to be
ammunition. used for the landing and take-off of helicopters, and
may include any or all areas of the building appropriate
Hazardous Material shall be defined as follows: to accomplish these functions.
a. Any material which is listed on the list of
Environmental Protection Agency (EPA) pollutants, Homeless Shelter shall mean a building or structure
40 Code of Federal Regulations, Sections 116.4 and in which a public entity or a private, non-profit
401.15, as amended; or organization provides shelter, or food and shelter, for a
b. Any chemical listed as “acutely toxic” in Appendix limited period of time to individuals and families having
A of the EPA Chemical Emergency Preparedness neither a home nor the means to obtain a home or
Program, interim guidelines; or other temporary lodging.
c. Any material which is classified by the National
Fire Protection Association (NFPA) as either a Home Occupation shall mean any lawful occupation
flammable liquid, a Class II combustible liquid or a not otherwise prohibited by this Title performed in a
Class III A combustible liquid; or dwelling and clearly incidental and secondary to the
d. Any material which is listed or defined as use of the dwelling for dwelling purposes.
explosive, flammable, reactive, or corrosive in the
Department of Transportation, 49 Code of Federal Home Professional Office shall mean the office or
Regulations, Section 172.101, as amended. studio in a home occupied by a resident by any of the
A mixture shall be deemed to be a hazardous material following professionals licensed by the State of New
if it contains one (1%) percent by volume or more of Jersey: architect, engineer, planner, land surveyor,
any material listed above. psychologist, marriage counselor, chiropractor, physical
therapist, or occupational therapist. All other licensed
Hearing shall mean a hearing before the Director of professionals are excluded. Dancing instruction,
the Department of Neighborhood and Recreational band instrument or piano or voice instruction,
Services or his/her designee at which the seller, tearooms, tourist homes, beauty parlors, barbershops,
the Inspector and any other person with relevant hairdressing and manicuring establishments,
knowledge of a notice of violation may appear and give convalescent homes, mortuary establishments
testimony to the Director to determine if a violation and stores, trades or businesses of any kind not
of the Housing and Zoning Regulations exists. The herein excepted shall not be deemed to be “home
determination of the Director shall be final. The professional offices.”
Director may approve, set aside or modify the decision
of the Inspector and he/she may grant extensions of Hookah Bar/Lounge shall mean a commercial
time to abate any violations of housing regulations. establishment that has water pipes (also known as a
hookah, shisha, boory, argileh, nargile, hubble-bubble,
Heavy Retail and Service shall mean and include goza, meassel, sheesha) for people to share pipefuls
retail and/or service activities that have regular of either tobacco or an herb or a dried fruit or a
exterior service or storage areas, or partially enclosed combination of those which is burnt using coal and
structures, including, but not limited to, home becomes smoke, then passes through an ornate water
improvement centers, equipment rental and leasing, vessel and is inhaled through a hose.
lumber and other building materials, garden centers
and greenhouses, landscape construction, and lawn Hoophouse shall mean a structure made of PVC
maintenance contractor yard, bulk materials sales and piping or other material covered with translucent
storage, and recreational vehicles and playground plastic, constructed in a “half-round” or “hoop” shape.
equipment sales and rentals. Outdoor storage and Section 3.14(b)23ii(4) and 3.24(b)23ii(5) of the New
outdoor storage display areas are permitted as a Jersey Uniform Construction Code contain regulations
conditional accessory use. regarding exemption from permitting requirements for
hoophouses.
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Horticulture Nurseries (See “Urban Farm”). whose rights to use, acquire, or enjoy property under
this act, or under any other law of this State or of the
Hospital or Medical Institution shall mean an United States have been denied, violated or infringed
institution providing primary health services and by an action or a failure to act under this Title.
medical or surgical care to persons, primarily inpatients,
suffering from illness, disease, injury, deformity, and Kennel (see “Animal Boarding or Kennel”).
other abnormal physical or mental conditions and
including as an integral part of the institution related Land shall mean and include improvements and
facilities, such as laboratories, medical offices, medical fixtures on, above or below the surface.
clinics or emergency care facilities.
Large Format Retail and/or Shopping Center shall
Hotel shall mean a facility offering short-term lodging mean a single stand-alone store, tenant space or
accommodations to the general public and which collection of retail uses, developed and/or managed
may include additional facilities and services, such as within a single building or shopping center which
restaurants, meeting rooms, entertainment, personal individually or cumulatively include over thirty thousand
services, and recreational facilities. (30,000) square feet of retail sales floor area.
Housing and Zoning Regulations shall mean those Laundromat shall mean an establishment only for the
regulations promulgated and published by the Director washing and drying of clothing and other fabrics in
of the Department of Neighborhood & Recreational machines operated by the patron. It shall not include
Services and maintained by the City Clerk of the City on-site dry cleaning. See “Dry Cleaning and Laundry
of Newark in regard to this zoning ordinance of the Establishment” or “Laundry Facility-Commercial/
City of Newark. Wholesale.”
Hydroponic Farms (See “Urban Farm”). Laundry Facility–Commercial/Wholesale shall

mean an establishment only for the washing, drying,
Ice Cream Service Window shall mean a window and/or dry cleaning of clothing in bulk brought in by
or doorway for dispending of ice cream or similar a commercial customer and in which such washing
confectionary products in accordance with the and drying is performed with the use of mechanical
requirements of Title XXIX, Streets and Sidewalks, equipment, and for which a fee is charged or a facility
Chapter 26 Sidewalk Cafes of the Revised General where the retail customer brings the laundry to another
Ordinances of the City of Newark. See also “Sidewalk facility and it is brought to this facility for laundering. A
Café” and “Outdoor Service Window”. This use shall not dry cleaning and laundering plant may perform
include outdoor service windows which are part of a work on the premises for other dry cleaning and
drive-through facility. laundry services and serve retail customers, and
includes linen, diaper, or uniform laundering services.
Impervious Coverage (See “Lot Coverage”). See “Laundromat” or “Dry Cleaning and Laundry
Establishment.”
Indoor Growing Operations (See “Urban Farm”).
Liquor Store shall mean a retail sales establishment,
Institutional shall mean a land use category that duly licensed by the New Jersey Division of Alcoholic
consists of a facility used by a religious, child care, Beverage Control, which primarily sells beer, wine, or
educational, or public use such as a place of worship, distilled spirits in original containers to a customer for
school, library, government building, or university. consumption off the premises.
Interested Party shall mean in the case of a civil Live Animal Market (See “Animal Market, Live”).
proceeding in any court or in an administrative
proceeding before a municipal agency, any person, Local Utility shall mean any sewerage authority
whether residing within or without the municipality, created pursuant to the “sewerage authorities law,” P.L.
whose right to use, acquire, or enjoy property is or 1946, c. 138 (C.40:14A-1 et seq.); any utilities authority
may be affected by any action taken under this act, or created pursuant to the “municipal and county utilities
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authorities law,” P.L. 1957, c. 183 (C.40:14B-1 et seq.); improved with buildings the front lot line shall be the
or any utility, authority, commission, special district street frontage lot line closest to the principal building.
or other corporate entity not regulated by the Board On a through lot unimproved with buildings both street
of Regulatory Commissioners under Title 48 of the lines shall be deemed front lot lines.
Revised Statutes that provides gas, electricity, heat,
power, water or sewer service to a municipality or the Lot, Width shall mean the horizontal distance between
residents thereof. the side lines of a lot measured at right angles of its
depth along a straight line parallel to the front lot line
Lot shall mean a designated parcel, tract or area of at the minimum required building setback line
land established by a plat or otherwise as permitted by Maintenance Building shall mean an accessory
law and to be used, developed or built upon as a unit. building not to exceed one thousand (1,000) square
feet of gross floor area used primarily for the
Lot, Corner shall mean a parcel of land abutting on storage of equipment and other supplies used in the
two (2) or more streets at their intersection or on two maintenance of the principal use.
(2) parts of the same street forming an interior angle
of less than one hundred thirty five (135) degrees. Maintenance Guarantee shall mean any security
which may be accepted by the City for maintenance
Lot Coverage shall mean that part of the lot that is of any improvements required by this Title, including,
covered by impervious surfaces. but not limited to surety bonds, letters of credit under
the circumstances specified in Section 16 of P.L. 1991,
Lot Depth shall mean the mean distance between its c.256 (C.40:55D-53.5) and cash.
front street line and its rear line. For corner lots, the
greater frontage is its depth, and its lesser frontage, its Major Subdivision shall mean any subdivision not
width. Lot, Interior shall mean a lot other than a corner classified as a minor subdivision.
lot.
Manufacturing, Heavy shall mean the manufacture or
Lot Line shall mean a line of record bounding a lot compounding process of raw materials. These activities
that divides one (1) lot from another lot or from a public or processes may necessitate the storage of large
or private street or any other public space. volumes of highly flammable, toxic matter or explosive
materials needed for the manufacturing process. In
Lot Line, Front shall mean the lot line separating a lot this situation, the handling of such materials must be
from a street right-of-way. in a controlled environment and have certification from
NJDEP. Typical heavy manufacturing uses include
Lot Line, Rear shall mean the lot line opposite and but are not limited to: concrete batch plants, concrete,
most distant from the front lot line. In the case of a tile or brick manufacturing, automobile, truck and
triangular or otherwise irregularly shaped lots, a line tire assembly, ammonia or chlorine manufacturing,
ten (10) feet in length entirely within the lot, parallel to metal casting or foundries, gas manufacturing, dye
and at a maximum distance from the front lot line. stuffs, grain milling or processing, metal or metal ore
production, refining, smelting, or alloying, petroleum
Lot Line, Side shall mean any lot line other than a or petroleum product refining, boat, pool and spa
front or rear lot line. manufacturing, slaughtering of animals, glass
manufacturing, paper manufacturing, and wood or
Lot, Nonconforming shall mean a lot the area, lumber processing. The assembly, fabrication or
dimension or location of which was lawful prior to processing of goods and materials uses processes
the adoption, revision or amendment of a zoning that ordinarily have greater than average impacts on
ordinance, but fails to conform to the requirements of the environment, or that ordinarily have significant
the zoning district in which it is located by reason of impacts on the use and enjoyment of adjacent property
such adoption, revision or amendment. in terms of noise, smoke, fumes, odors, glare or health
and safety. The following processes are not permitted
Lot, Through shall mean a lot other than a corner under Heavy Manufacturing: Vitrification, Plasma
lot, with frontage on two (2) streets. On a through lot Gasification, Pyrolysis, Cement Kilns, Automobile
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Shredder Residue (ASR), Medical Waste Autoclaving Market Garden shall mean an area less than one
& Shredding, Animal Rendering, Electronic De- (1) acre managed and maintained by an individual or
Manufacturing, Computer & Circuit Board Recycling, group of individuals to grow and harvest food crops
Thermal Depolymerization, Sludge Processing and and/or non-food, ornamental crops, such as flowers,
Incineration, Sewage Disposal, Sediment Treatment that is not incidental in nature and to be sold for profit
Plants (i.e. Thermal/Chemical Processing, Cement at the lot where the products are grown.
Lock Technology, Sediment Washing, Biogenesis,
Sediment Dewatering, Tire Derived Fuel Plants, Massage Facility shall mean an establishment for
Biomass Incineration, Chrome Plating and Metals which the principal use is the provision of massage
Plating Facilities, Hazardous or Medical Waste therapy by a licensed professional in the State of
Processing (autoclaving, crushing, preparing, or New Jersey pursuant to NJAC 13:37A. The following
treating), Outdoor Scrap Metal Yards (shredding, professions and services shall not be classified as a
processing, sorting), Oil and Gas Refineries, and Power massage establishment: any duly licensed medical
Plants over 150 megawatts using coal, natural gas, physician, doctor, surgeon, osteopath, chiropractor,
waste or waste byproducts including tires, sludge, acupuncturist, registered nurse, or to other person
cement, and biofuels. licensed by the state while engaging in practices as
part his or her license.
Manufacturing, Light shall mean the manufacture,
predominantly from previously prepared materials, Master Plan shall mean a composite of one (1) or
of finished products or parts, including processing, more written or graphic proposals for the development
fabrication, assembly, treatment of such products, of the City as set forth in and adopted pursuant to the
but excluding basic industrial processing and custom Municipal Land Use Law, Chapter 291, Laws of New
manufacturing. Typical light manufacturing uses Jersey, 1975 (NJSA 40:55D-28 et seq.).
include but are not limited to: electronic goods, food
and bakery products, nonalcoholic beverages, paper Materials Salvage or Junk Facility shall mean an
imprinting, publishing, household appliances assembly, enclosed building where waste or scrap materials
and clothing apparel. The assembly, fabrication, or are bought, sold, exchanged, stored, baled, packed,
processing of goods and materials uses processes disassembled, or handled, including but not limited
that ordinarily do not create noise, fumes, smoke, to scrap iron and other metals, paper, rags, rubber
odors, glare or health and safety hazards outside of tires, and bottles. A materials salvage or junk facility
the building or lot where such assembly, fabrication includes an auto wrecking faciliity. A materials salvage
or processing takes place, where such processes are or junk facility does not include waste-related uses or
housed entirely within a building. recycling facilities. Such use shall not be open to the
public.
Manufacturing, Medium shall mean the processing
and manufacturing of materials or products Mausoleum shall mean a building or structure for the
predominantly from extracted or raw materials. These interment of the dead having a minimum of twenty (20)
activities may include outdoor assembly and storage interments.
products. Outdoor manufacturing of raw materials
into compost, primarily for commercial resale is a Mausoleum, Family shall mean a building or structure
medium manufacturing activity. These activities do for the interment of the dead having less than twenty
not necessitate the storage of large volumes of highly (20) interments.
flammable, toxic matter or explosive materials needed
for the manufacturing process. Typical medium Mayor shall mean the Mayor of the City of Newark.
manufacturing uses include but are not limited to:
alcoholic beverages, glue, leather products, carpet, Medical Clinic or Emergency Care Facility shall
porcelain products for bathroom and kitchen fixtures, mean any private or public health clinic, or other
solar panel manufacture, bio-fuel manufacture, similar community health facility providing diagnostic,
bleaching products, vegetable gelatin, welding, therapeutic, or preventive medical care, surgical or
furniture, and sporting goods. invasive procedures not requiring inpatient admission,
and/or emergency or urgent care to ambulatory
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patients on an outpatients basis only, including of a single, self-supporting metal tube, anchored to a
customary laboratories and pharmacies incidental or foundation.
necessary to its operation or the service of its patients,
but without facilities for inpatient care or surgical Mortuary (See “Funeral Home”).
procedures that require inpatient admission. A clinic
or emergency care facility may also be accessory to a Municipal Agency shall mean the Municipal
hospital or medical institution. Council, Central Planning Board, the Zoning Board
of Adjustment of the City of Newark, or any other
Medical Office shall mean a building or portion agency which is created by or responsible to the City
thereof providing diagnostic, therapeutic, or preventive of Newark when such agency is acting pursuant to this
medical, osteopathic, chiropractic, dental, psychological Title.
and similar or related treatment by a practitioner
or group of practitioners licensed to perform such Municipal Council shall mean the Governing Body
services to ambulatory patients on an outpatient basis which acts as the chief legislative body of the City of
only, and without facilities for inpatient care, major Newark.
surgical procedures, or emergency and urgent care. A
medical office may also contain associated in-house Municipality shall mean the City of Newark.
ancillary services such as in-house diagnostic testing
facilities, physical therapy, medical counseling services, Municipal Uses shall mean those facilities necessary
and similar services. for the operation of the City of Newark government
or for the provision of City of Newark services not
Methadone Maintenance Clinic shall mean a private including the following: permanent outdoor storage
business which provides outpatient methadone of materials, manufacturing, gas or fuel supply
maintenance services to eligible persons, which are stations, vehicle repair, vehicle storage, and the
licensed by the New Jersey State Department Health storage, treatment or production of hazardous or toxic
and Senior Services as an ambulatory care facility/ chemicals.
outpatient drug program. Said clinic(s) must also meet
all applicable Federal and State requirements. Museum shall mean an establishment with least
twenty thousand (20,000) square feet of gross floor
Minor Site Plan shall mean a development plan area, that has public significance by reason of its
of one (1) or more lots which: (a) proposes new architecture or former use or occupancy; or a building
development within the scope of development serving as a repository for a collection of natural,
specifically permitted by ordinance as a minor site scientific, or literary curiosities or objects of interest, or
plan; (b) does not involve planned development, any works of art, and arranged, intended, and designed to
new street or extension of any off-tract improvement be used by members of the public for viewing, with or
which is to be prorated pursuant to NJSA 40:55D-42; without an admission charge, and which may include
and (c) contains the information reasonably required as an accessory use the sale of goods to the public
in order to make an informed determination as to as gifts for their own use. For “Galleries,” look under
whether the requirements established by ordinance for “Retail Sales, General Consumer Goods.”
approval of a minor site plan have been met.
Minor Subdivision shall mean any subdivision of Nightclubs, Discotheques & Cabarets shall
land creating two (2) lots or fewer provided that mean any room, place, space, or premises, other
such subdivision does not involve: (a) a planned than sexually-oriented businesses, operated as a
development; (b) any new street; or (3) the extension commercial establishment in which eating and/
of any off-tract improvement the cost of which is to or drinking may take place and in which there is
be prorated pursuant to Section 30 of P.L. 1975, c.291 also provided entertainment and dance areas. Such
(C.40:55D-42). entertainment may include music by a live musician
or musicians, or any mechanical, electronic or other
Motorcycle Club (See “Private Club”). means, or other audio or audiovisual media including
disc jockeys. Such establishments shall not include the
Monopole Tower shall mean a tower constructed operation of a motion picture, but shall include any act,
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play, revue, pantomime, scene, dance act, or song-and- the lot in question but within the property, of which
dance act participated in by one (1) or more employees, the lot is a part, which is the subject of a development
guests, customers, or any other person or persons. For application or the closest half of the street or right-of-
the purposes of this definition, background piped-in way abutting the property of which the lot is part.
music shall not be considered a form of entertainment.
Nighclubs, discotheques and cabarets shall be duly On-Site shall mean located on the lot in question and
licensed by the New Jersey Division of Alcoholic excluding any abutting street or right-of-way.
Beverage Control for the sale and on-premises
consumption of alcoholic beverages. On-Tract shall mean located on the property which
is the subject of a development application or on the
Nonconforming Lot (See “Lot, Nonconforming”). closest half of the abutting street or right-of-way.
Nonconforming Structure (See “Structure, Open Space shall mean any parcel or area of land or
Nonconforming”). water essentially unimproved and set aside, dedicated,
designated or reserved for public or private use or
Nonconforming Use (See “Use, Nonconforming”). enjoyment of owners and occupants of land adjoining
or neighboring such open space; provided that such
Nursing Home shall mean a facility or portion thereof areas may be improved with only those buildings,
which is licensed by the New Jersey Department of structures, streets and off-street parking and other
Health and Senior Services to provide apartment-style improvements that are designed to be incidental to the
housing and congregate dining and to assure that natural openness of the land.
assisted living services are available means a facility
that is licensed by the Department to provide health Operations Facility, Bus/Taxicab/Ambulance shall
care under medical supervision and continuous nursing mean and include an area and/or building where four
care for twenty-four (24) or more consecutive hours to (4) or more emergency medical ambulances, buses,
two or more patients who do not require the degree of taxicabs or other livery vehicles are stored, dispatched
care and treatment which a hospital provides and who, and/or loading and unloading is carried on regularly,
because of their physical or mental condition, require and where minor maintenance of these vehicles is
continuous nursing care and services above the level performed.
of room and board.
Outdoor Dining (See “Sidewalk Café”).
Office shall mean a room or group of rooms used
for conducting the affairs of a business, profession, Outdoor Growing Operations (See “Urban Farm”).
service, industry or government, and generally
furnished with desks, tables, files and communication Outdoor Service Window (See “Ice Cream Service
equipment, including offices of general, business, Window”).
executive, legal, accounting, architect, planning,
engineer, real estate, contractor and employment Outdoor Display Area shall mean the displaying of
agencies but excluding medical offices. See also goods, merchandise or products outdoors such that
“Medical Office”. the items are readily available for sale at retail on the
same lot and in conjunction with a principal use which
Official County Map shall mean the map, with is otherwise operated entirely within a permanent fully
changes and additions thereto, adopted and enclosed building.
established, from time to time, by resolution of the
board of chosen freeholders of the county pursuant to Outdoor Storage shall mean the storing or
R.S. 40:27-5. maintaining, exterior to any permanent, fully enclosed
building or structure of goods, merchandise, inventory,
Official Map shall mean a map adopted pursuant to equipment or other tangibles for any purpose other
the Municipal Land Use Law, NJSA 40:55D-32 et seq. than outdoor display. The term outdoor storage shall
not include operation facilities for bus/taxicab/
Off-Site shall mean located outside the lot lines of
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ambulance/limousines or truck terminals as defined mean a park or open space areas consisting primarily
herein. Goods, merchandise or products stacked on of lawns, meadows and other unprogrammed open
pallets and/or wrapped in packaging materials such space. The predominant features of which are
that the items are not readily available to the public landscaped areas, natural areas, ornamental gardens,
for immediate retail sale shall be considered outdoor non-landscaped green space, provided that a private
storage and not outdoor display. passive park may include certain features such as
concession stands, playgrounds, art installations,
Outdoor Storage, Chemical shall mean the outdoor fountains, walking paths, picnic areas, fields, docks,
storage of chemical or chemicals in a container or dog runs and other non-structured recreation facilities.
containers larger than those intended for normal
homeowner or retailer purposes. Proper, non- Parking Area, Private shall mean any land area, being
commercial, homeowner use of chemicals is not part of the same lot or tract on which it is accessory to
included. an erected building or structure, or being adjacent and
contiguous to the lot or tract, designated by the owner,
Outdoor Storage, Portable Storage Unit shall operator or occupant of the building or structure
mean any portable container, storage unit, shed-like for the parking, without charge, of motor vehicles of
container or other similar structure that can be or is occupants, customers or employees in the building
used for the temporary storage of personal property or structure and where no customer parking shall be
of any kind and which is located for such purposes permitted after 11:00 p.m. on any portion of the lot.
outside an enclosed building other than an accessory
building or shed complying with all building codes Parking Garage, Private Residential shall mean a
and land use requirements. For the purposes of this structure that is accessory to a single-, two- or three-
ordinance, portable on-demand storage (PODS), the family dwelling, is used for the parking and storage of
trailer portion of a tractor trailer, boxcars and shipping vehicles owned and operated by the residents thereof,
containers shall also be considered portable storage and is not a separate commercial enterprise available
structures when expressly used for the purposes of to the general public. The private parking garage may
on-site storage. be a detached accessory building, or a portion of the
A portable storage unit shall not encroach in any principal structure.
required front or side yards. There shall be only one
unit permitted for every two contiguous acres of Parking Garage, Commercial Vehicle shall mean
property held in common ownership. any building or premises used for the storage of one
Outdoor portable storage units shall only be used for (1) or more buses, trucks, tractors, trailers, bulldozers
storage and shall be removed within one hundred and and other heavy motor-driven equipment, including
eighty (180) days. storage for manufacture, repair, demonstration, sale,
rental, painting, adjustment or inspection of the
foregoing.
Owner shall mean an individual, firm, association,
syndicate, partnership, or corporation having sufficient Parking Lot shall mean an off-street, ground-level
proprietary interest to seek development of land. open area that provides temporary storage for motor
vehicles.
Parking Area shall mean any public or private area,
under or outside of a building or structure, designed Parking, Shared shall mean the joint utilization of a
and used for parking motor vehicles, including parking parking area for more than one (1) use.
lots, parking garages, structured parking, driveways,
and legally designated areas of public streets. Parking, Surface shall mean an off-street, ground-
level open area that provides temporary storage for
Park: Recreation Park, Active shall mean a park motor vehicles.
or open space which may include one (1) or more of
the following: athletic fields, building or structures Parking, Structured shall mean a building or structure
for recreational activities, swimming pools, golf or which may be located above or below ground, with
rope courses, or sports courts and other intensive stalls accessed via interior aisles, and used for
recreational uses. Recreation Park, Passive shall temporary storage of motor vehicles. Structured
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parking can be a stand-alone use or a part of a improvements drawn onto this photograph.
building containing other uses. This use does not
include private residential parking garages. Photovoltaic (PV) shall mean capable of producing a
voltage, usually through photoemission, when exposed
Passive Recreation Park (See “Park: Recreation to radiant energy, especially light. Collectively used to
Park, Passive”). refer to “solar panels.”
Pawn Shop shall mean an establishment wherein Place of Worship shall mean a church, synagogue,
the business of a pawn broker is conducted. A pawn temple, mosque or other building or group of buildings
broker shall be any person who lends or advances which by design and construction are intended for
money or other things for profit on the pledge and the conducting of organized religious services and
possession of personal property, or other valuable accessory uses associated therewith including parish
things, other than securities or written or printed houses, convents, classrooms for religious instruction,
evidences of indebtedness; or, who deals in the rectories, and other such customary accessory uses
purchasing of personal property or other valuable and buildings, but not including parochial schools, day
things on condition of selling the same back to the care centers, homeless shelters, or soup kitchens.
seller at a stipulated price. A pawn shop shall not be
deemed a retail sales establishment. Planned Commercial Development shall mean
an area of minimum contiguous size as specified by
Performance Guarantee shall mean any security, ordinance to be developed according to plan as a
which may be accepted by the City, including but not single entity containing one (1) or more structures
limited to surety bonds, letters of credit under the with appurtenant common areas to accommodate
circumstances specified in Section 16 of P.L. 1991, c. commercial or office uses, or both, and any residential
256 (C.40:55D-53.5). and other uses incidental to the predominant use as
may be permitted by ordinance.
Permanent Make-Up shall mean the application
of pigment to or under the skin of a person for the Planned Development shall mean planned unit
purpose of permanently or semi-permanently changing development, planned unit residential development,
the color or appearance of the skin. residential cluster, planned commercial development,
or planned industrial development.
Personal Service Establishment shall mean and
include the provision of personal services directly to Planned Industrial Development shall mean an
the consumer which shall include, but not be limited area of minimum contiguous or noncontiguous size
to, barber shops, beauty parlors, nail salons, tanning as specified by ordinance to be developed according
salons, or day spas. Personal service establishments to a plan as a single entity containing one (1) or
shall not include body art studios or massage facilities. more structures with appurtenant common areas to
accommodate industrial uses and any other uses
Pet Shop shall mean any place of business which is incidental to the predominant use as may be permitted
not part of a kennel, wherein animals, including, but by ordinance.
not limited to, dogs, cats, birds, fish, reptiles, rabbits,
hamsters or gerbils, are kept or displayed chiefly Planned Unit Development shall mean an area with
for the purpose of sale to individuals for personal a specified minimum contiguous or noncontiguous
appreciation and companionship rather than for acreage of ten (10) acres or more to be developed as
business or research purposes. a single entity according to a plan, containing one (1)
or more residential clusters or planned unit residential
Pharmacy (See “Drug Store”). developments and one (1) or more public, quasi-public,
commercial or industrial areas in such ranges or ratios
Photographic Simulation shall mean a photograph of nonresidential uses as shall be specified in the
of a site as it appears to members of the general Zoning Ordinance.
public with accurate, detailed depictions of proposed
additional features, equipment, hardware or other site
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Planned Unit Residential Development shall mean historic sites; and (d) sites for schools and other public
an area with a specified minimum contiguous or buildings and structures.
noncontiguous acreage of five (5) acres or more to
be developed as a single entity according to a plan Public Drainage Way shall mean the land reserved
containing one (1) or more residential clusters, which or dedicated for the installation of storm water sewers
may include appropriate commercial or public or or drainage ditches, or required along a natural stream
quasi-public uses all primarily for the benefit of the or watercourse for preserving the biological as well
residential development. as drainage function of the channel and providing for
the flow of water to safeguard the public against flood
Plat shall mean a map or maps of a subdivision or site damage, sedimentation and erosion and to assure
plan. the adequacy of existing and proposed culverts and
bridges, to induce water recharge into the ground
Porch shall mean a roofed, open area not more where practical, and to lessen nonpoint pollution.
than one (1) story in height which may be screened,
attached to or part of a building, and with direct access Public Utility shall mean any public utility regulated by
to or from it. Such use includes piazzas, portico or the Board of Regulatory Commissioners and defined
porte-cocheres. pursuant to R.S. 48:2-13.
Power Generation Facilities shall mean a public Quorum shall mean the majority of the full authorized
utility facility which converts fossil fuels into electrical membership of a municipal agency.
energy or steam. Solar energy system and wind energy
system are defined herein. Recycling Center shall mean a facility in which
recyclable or recoverable materials are collected,
Prevailing Setback shall mean the shorter front sorted, and prepared for transfer to another facility
setback of the two closest principle buildings on each for processing. A transfer recycling center may not
site of a site on the same block as the site. process by briquetting, compacting, chipping, flattening,
grinding, crushing, shredding, cleaning or altering the
Private Club shall mean a building and/or related materials.
facilities owned or operated by a corporation,
association or organization that caters exclusively Resale or Thrift Shop shall mean a retail sales
to members and their guests primarily for social, establishment in which the proprietor primarily sells
recreational, cultural, educational, political, patriotic, used items (generally clothing, household goods and
benevolent, or religious purpose; and not primarily for children’s items) that have been acquired through
profit, and whose members pay dues and meet certain donation or purchase, with the proprietor retaining the
prescribed qualifications for membership. A private sales proceeds. Some resale/thrift shops are managed
club may include dining facilities for members and by non-profit organizations that use the proceeds
their guests but shall not include overnight sleeping to support their charitable operations. See also
facilities. A private club does not include fraternity “Consignment Store.”
houses affiliated with an institution of higher learning.
Research and Development shall mean an
Private Sports Court shall mean an outdoor facility establishment engaged in industrial or scientific
on private property for participant sports, including research or product design that involves laboratory
tennis, basketball, roller hockey, and handball courts. testing or limited manufacturing, fabricating,
Such courts may be single-purpose accommodating processing, assembling, or similar related activities
one (1) sport or multi-purpose accommodating a variety for the production of prototypes. A research and
of sports. development establishment shall be considered
an office use if the work primarily involves the use
Public Areas shall mean: (a) public parks, of computers and other related office equipment
playgrounds, trails, paths and other recreational in an office setting and no laboratory testing or
areas; (b) other public open spaces; (c) scenic and manufacturing takes place on premises.
Residential shall mean a land use category that
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consists of at least one (1) home, abode, or place of not produce noxious emissions or high noise levels,
residence where an individual would live at a specific as well as dry cleaning and laundry pick-up station
point in time. where cleaning of garments is not done on-site. Such
establishments shall not include the sale of any food
Residential Cluster shall mean a contiguous or products.
noncontiguous area to be developed as a single entity
according to a plan containing residential housing units Reviewing Board shall mean the Newark Central
which have a common or public open space area as an Planning Board or Zoning Board of Adjustment,
appurtenance. whichever Board has jurisdiction over the particular
application pursuant to NJSA 40:55D-60 et seq.
Residential Density shall mean the number of
dwelling units per gross acre of residential land Rooftop Growing Operations (See “Urban Farm”).
including streets, easements and open space portions
of a development. Rooftop Mechanical Equipment shall mean elevator
penthouses and roof structures for the housing of
Restaurant, see Eating and Drinking stairways, tanks, ventilating fans, air-conditioning
Establishment. equipment, dust collectors, solar panels, or similar
equipment required to operate and maintain a building.
Resubdivision shall mean (a) the further division
or relocation of lot lines of any lot or lots within a Rooming House and Boarding House shall mean,
subdivision previously made and approved or recorded pursuant to P.L 1979, c.496 (NJSA 55:13B-1, et seq.),
according to law; or (b) the alteration of any streets any building, together with any related structure,
or the establishment of any new streets within any accessory building, any land appurtenant thereto, and
subdivision previously made and approved or recorded any part thereof, which contains two (2) or more units
according to law, but does not include conveyances of dwelling space arranged or intended for single
so as to combine existing lots by deed or other room occupancy, exclusive of any such unit occupied
instrument. by any owner or operator including any residential
hotel or congregate living arrangement. A boarding
Retail, Freestanding shall mean a detached building house shall include establishments wherein personal
in which the principal use is retail sales and which or financial services are provided to the residents,
does not abut any other building and where all sides and a rooming house shall include establishments
of the building are surrounded by yards or open areas wherein no personal or financial services are provided
within the zoning lot. to the residents. Pursuant to P.L 1979, c.496 (NJSA
55:13B-1, et seq.), a boarding or room house excludes
Retail Sales shall mean establishments engaged in any hotel, motel or established guest house wherein
the selling or rental of goods or merchandise usually a minimum of 85% of the units of dwelling space are
to the general public for personal use or household offered for limited tenure only, any foster home as
consumption, although they may also serve business defined in Section 1 of P.L. 1962, c. 137 (NJSA 30:4C-
and institutional clients and in rendering services 26.1), any community residence for the developmentally
incidental to the sale of such goods. disabled as defined in Section 2 of P.L. 1977, c. 448
(NJSA 30:11B-2), any dormitory owned or operated on
Retail Sales, General Consumer Goods shall mean behalf of any nonprofit institution of primary, secondary
retail sales establishments involved in the sale, lease, or higher education for the use of its students, any
rent, or display of new products or merchandise to building arranged for single-room occupancy wherein
the general public for personal use or household the units of dwelling space are occupied exclusively
consumption, including, but not limited to stores selling by students enrolled in a full-time course of study at
apparel, furniture, books, jewelry, shoes, hardware, an institution of higher education approved by the
pet supplies, appliances, arts, crafts, antiques, art and Department of Higher Education, and any facility or
accessories; flower shops; drug stores; gift shops; living arrangement operated by, or under contract
and other sundries. Retail sales includes art and craft with, any state department or agency, upon the written
production facilities available for public use that do authorization of the Commissioner.
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display of specified sexual activities or specified

Row House (See “Dwelling, Row House”). anatomical areas; or any other type of establishment
that can meet the definition of a “sexually oriented
Rotor Radius shall mean the distance between the business” as defined or described in Federal, State, or
center point of the rotor or the outermost point on the local statutes including but not limited to NJSA 2C:33-
rotor or blade. 12.2 et seq. For the purpose of this definition, “principal
purpose” means the commercial establishment:
Satellite Dish Antennae shall mean a bowl-shaped • Has a substantial portion of its displayed
device used to receive and/or transmit signals relayed merchandise which consists of said items, or
by satellite. • Has a substantial portion of the wholesale value of
its displayed merchandise which consists of said
School, Secondary shall mean a public, private or items, or
parochial school, recognized or approved by the State, • Has a substantial portion of the retail value of
providing intermediate formal education between its displayed merchandise which consists of said
primary school and college, inclusive of high schools. items, or
• Derives a substantial portion of its revenues from
School, Primary shall mean a public, private or the sale or rental, for any form of consideration, of
parochial school, recognized or approved by the State, said items, or
providing the first four (4) to eight (8) years of formal • Maintains a substantial section of its interior
education, which may include kindergarten and pre- business space for the sale or rental of said items;
kindergarten. This use may include accessory day care or
centers for children over the age of three (3). • Regularly features said items, and prohibits access
by minors, because of age, to the premises, and
Sedimentation shall mean the deposition of soil that advertises itself as offering “adult” or “xxx” or
has been transported from its site of origin by water, “x-rated” or “erotic” or “sexual” or “sensual” or
ice, wind, gravity or other natural means as product of “pornographic” material on signage visible from a
erosion and, in wastewater treatment, the settling out public right-of-way; or
of solids by gravity. • Maintains an adult arcade, which means any
place to which the public is permitted or invited
Self Storage shall mean a facility consisting of a wherein coin-operated or electronically, electrically,
building or group of buildings in a controlled-access or mechanically controlled still or motion picture
compound that contains varying sizes of individual machines, projectors, or other image-producing
compartmentalized and controlled access stalls or devices are regularly maintained to show images
lockers for the dead storage of customers’ goods and to five (5) or fewer persons per machine at any
wares. one time, and where the images so displayed
are characterized by their emphasis upon matter
Setback shall mean the distance between the building exhibiting specified sexual activities or specified
and any lot line. anatomical areas.
Sexually Oriented Businesses shall mean business Shall shall indicate a mandatory requirement; the term
types including, but not limited to, establishments “may” shall indicate a permissive action.
commonly referred to as “Go-Go establishments,”
“adult video stores,” or “adult newsstands or Shed (See “Accessory Storage Structure”).
bookstores,” which means a commercial establishment
which as one of its principal business purposes offers Sidewalk Café shall mean a designated outdoor
for sale, rental, or display for any form of consideration area that is located on the public sidewalk or right-
any one or more of the following: books, magazines, of-way immediately adjacent to the property of an
periodicals or other printed matter, photographs, films, existing retail food establishment and where food
motion pictures, video cassettes, compact discs, slides and beverages that are normally offered to the public
or simulated display or other visual representations inside the retail food establishment and serviced to the
which are characterized by their emphasis upon the public in the designated outdoor area.
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Sign shall mean any fabricated or outdoor display in any manner either parallel or oblique. Such distance
structure including its structure, consisting of any is measured at any given point and any given level by
letter, figure, character, mark, point, plane, design, projecting or prolonging vertically and horizontally the
poster, pictorial, picture, stroke, stripe, line, trademark, perimeter lines of each wall from the lowest habitable
reading matter or illuminating device, constructed, floor to the ceiling of the highest habitable floor.
attached, erected, fastened or manufactured in any Story shall mean the space between any finished
manner whatsoever so that the same shall be used floor of a building and the next finished floor above,
for the attraction of the public to any place, subject, excepting that a cellar or basement shall not be
person, firm, corporation, public performance, article, considered as a story. A half-story is a portion of
machine or merchandise whatsoever, and displayed a building between a finished floor and the roof
in any manner out of doors exclusively for advertising construction above, where the space thus enclosed
purposes. has an average clear height of not more than five (5)
feet.
Single-Family House (See “Dwelling, Single-Family”)
Street shall mean the full width of the area dedicated
Sit-Down Restaurant (See “Eating & Drinking to public use, extending from the property line on one
Establishment”). side to the property line on the other side, including
the roadway and sidewalk, of any public street, avenue,
Site shall mean any contiguous plot, parcel or parcels road alley, lane, highway, boulevard, concourse,
of land. driveway, culvert or bridge. For the purpose of this Title,
streets shall be classified as follows:
Site Plan shall mean the development plan of one • Principal arterial system shall mean streets and
(1) or more lots on which is shown: (a) the existing highways serving major metropolitan activity
and proposed conditions of the lot(s) including but centers, the highest traffic volume corridors, the
not necessarily limited to topography, vegetation, longest trip desires, and a high proportion of
drainage, flood plains, marshes, and waterways; (b) the total urban area travel on a minimum of mileage.
location of all existing and proposed buildings, drives, Service to abutting land should be subordinate
parking spaces, walkways, means of ingress and to the provision of travel service to major traffic
egress, drainage facilities, utility services, landscaping, movements. This system carries the major portion
structures and signs, lighting, screening devices; and of trips entering and leaving an urban area, as well
(c) any other information that may be reasonably as the majority of through movements desiring
required in order to make an informed determination to bypass the central City, and normally will carry
pursuant to this Chapter requiring review and approval important intraurban as well as intercity bus routes.
of site plans by the Central Planning Board or Zoning • Minor arterial streets system shall mean
Board of Adjustment. streets and highways interconnecting with and
augmenting the City’s principal arterial system
Solar Energy System (Ground/Roof Mounted, and providing service to trips of moderate length
Over Parking Lots and Structured Parking) shall at a somewhat lower level of travel mobility. The
mean any solar collector panel(s), film(s), shingle(s), system places more emphasis on land access and
or other solar energy device(s) or solar structural distributes travel to geographic areas smaller than
component(s), mounted on a building or on the those identified with the higher system. It includes
ground and including other appurtenant structures all arterials not classified as principal.
and facilities, whose primary purpose is to provide for • Collector streets system shall mean streets
the collection, storage, and distribution of solar energy penetrating neighborhoods, collecting traffic from
received from the sun and provides power for the local streets in the neighborhoods, and channeling
principal use of the property whereon said system is it into the arterial systems. A minor amount of
located. through traffic may be carried on collector streets,
but the system primarily provides land access
Spacing of Buildings shall mean the required service and carries local traffic movements within
minimum horizontal distance between any wall of two residential neighborhoods, commercial, and
(2) or more buildings facing or overlapping each other industrial areas. It may also serve local bus routes.
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• Local streets system shall mean streets not or other divisions of land for sale or development. The
classified in a higher system, primarily providing following shall not be considered subdivision within the
direct access to abutting land and access to the meaning of this Chapter, if no new streets are created:
higher systems. They offer the lowest level of (a) divisions of land found by the Central Planning
mobility and usually carry no bus routes. Service to Board or Subdivision Committee thereof appointed by
through traffic is deliberately discouraged. the Chairperson to be for agricultural purposes where
all resulting parcels are five (5) acres or larger in size;
Street Line shall mean the dividing line between the (b) divisions of property by testamentary or intestate
street and the lot. provisions; (c) divisions of property upon court order,
including but not limited to judgments of foreclosure;
Street Wall of a Building at any Level shall mean (d) consolidation of one (1) or more adjoining lots,
the wall or part of the building (other than a one-story tracts or parcels of land, owned by the same person or
open porch), nearest to the street line. persons and all of which are found and certified by the
Screening Officer to conform to the requirements of
Street Width shall mean the mean of the distance the municipal development regulations and are shown
between the street line within a block, where a street and designated as separate lots, tracts or parcels on
borders a public park, or a navigable body of water, the the tax map or atlas of the City of Newark. The term
width of such street may be taken as the width of such “subdivision” shall also include the term “resubdivision.”
street, plus the width of such public park or body of Substance Abuse Treatment Center shall mean any
water, provided that the maximum width of such street licensed institution, facility, place, building or agency
shall not be considered more than one hundred (100) which supplies care, treatment, services, maintenance,
feet, measured at right angles to street line. accommodation or board, or any of these services in
a group setting primarily or exclusively for individuals
Structural Alteration shall mean any change or having any type of habitation, dependency or addiction
rearrangement in the exterior or interior structural to the use of any kind of controlled substance, alcohol,
parts of any building. narcotic drug or other type of drug; and which provides
guidance, supervision and personal services which
Structure shall mean a combination of materials enable the drug user, dependent or addict to move into
to form a construction for occupancy, use or independent living in normal surroundings, but does
ornamentation whether installed on, above, or below not provide those services that can be rendered only
the surface of a parcel of land. by a physician or within the confines of a hospital, and
does not provide a permanent residence but only a
Structure, Accessory shall mean a building of not temporary one.
more than one and one-half (1 1/2) stories in height
which is subordinate to the main building on a lot and Substance Abuse Treatment Center shall mean
used for the purposes customarily incidental to those outpatient substance abuse treatment facilities
of the main building. that are required to obtain licenses pursuant to
NJAC 10:161B-1.1 et seq. Standards for Licensure of
Structure, Nonconforming shall mean a structure Outpatient Substance Abuse Treatment Facilities. This
the size, dimension or location of which was lawful definition shall not include substance counseling or
prior to the adoption, revision or amendment of a support groups that do not require a license and are
zoning ordinance, but which fails to conform to the ancillary or accessory to a community center or place
requirements of the zoning district in which it is located of worship. This definition shall not include inpatient
by reasons of such adoption, revision or amendment. care or treatment.
Subcode Official shall mean Buildings Code Official,
Chief Plumbing Inspector, Chief Electrical Inspector Supermarket shall mean a self-service retail sales
and Deputy Chief in charge of Fire Prevention, or their establishment specializing in food and household
assistants. merchandise, with at least ten thousand (10,000)
square feet of gross floor area.
Subdivision shall mean the division of a lot, tract or
parcel of land into two (2) or more lots, tracts, parcels Swimming Pool, Private shall mean an accessory
74
use on the same lot as the principal use it serves, storage of cargo is incidental to the primary function of
consisting of a water-filled enclosure, permanently motor freight shipment, and where minor maintenance
constructed or portable, having a depth of more than and repair of these types of vehicles are performed.
eighteen (18) inches below the level of the surrounding Such facilities shall be designed to accommodate five
land, or an above-surface pool, having a depth of more (5) or more trucks.
than thirty (30) inches, designed, used, and maintained
for swimming and bathing by the residents of the Turbine Height shall mean the distance between
lot on which the swimming pool is located or their the base of the tower or other supporting structure,
nonpaying guests. whether mounted on the ground or on a rooftop,
and the outermost point of the rotor or blade at its
Take-Out Restaurant (see “Eating & Drinking maximum vertical extension.
Establishment”).
Urban Agriculture shall mean agricultural production
Tax Lot shall mean a parcel of land identified with a that occurs within Newark on large larcels of land, on
unique block and lot number for property tax purposes. community gardens, in greenhouses, on rooftops and
indoor spaces and that increases the City’s local food
Theater shall mean an indoor facility for public system. Urban agriculture as defined by the zoning
assembly and group entertainment, other than for code include the following:
sporting events, which is used primarily for and • Urban Farm (See “Urban Farm” below);
designed for the purpose of exhibiting films, live • Community Garden (See “Community Garden);
theater, concerts, or similar performances. A theater • Market Garden (See “Market Garden”)
shall not include a sexually oriented business of any
kind. Urban Farm shall mean an establishment one (1) acre
or larger where legal plants are grown for the legal
Tombstone/Monument shall mean a tablet, statue, sale of the plants or their products, and where the
or other market of stone, metal or another durable plants or their products are sold at the lot where they
substance set up over or adjacent to a grave to are grown or off site, or both, and in which no other
commemorate the person interred therein. items are sold. Examples of plants may include flowers,
Transcript shall mean a typed or printed verbatim vegetables, and orchards. Urban farms may include,
record of the proceedings or reproduction thereof. but are not limited to:
• Aquaculture Farms in which food fish, shellfish
Tree shall mean any deciduous or coniferous species or other marine foods, aquatic plants, or aquatic
which has a diameter at breast height (4.5 feet) of 4 animals are cultured or grown in fresh or salt
inches or greater. waters in order to sell them or the products they
• Ornamental Tree shall mean and include trees produce;
which are grown for display or ornamental • Aquaponic Farms in which the symbiotic
purposes, rather than functional ones. It generally propagation of plants and fish in an indoor,
tends to remain smaller at maturity than a shade constructed and re-circulating environment takes
tree. place;
• Shade Tree shall mean and include a woody • Community-Supported Farms in which an area
plant, usually deciduous, that normally grows with of land managed and maintained by a group of
one main runk and has a canopy that screens individuals to grow and harvest food crops or
and filters the sun in the summer and winter, non-food crops such as flowers, for shareholder
respectively. consumption or donation. Shareholders arrange to
• Evergreen Tree shall mean and include a plant work on the farm in exchange for a share of the
species with foliage that persists and remains food and/or horticulture products grown on the
green year round and may be functionally used as property and or pay for a portion of the food and/
a visual separator. or horticultural products in advance.
• Horticulture Nurseries in which plants are
Truck Terminal shall mean and include premises for propagated and grown in containers or in
the fueling, loading and unloading of trucks, where the ground for wholesale or retail sales and
75
distribution; and Vehicle Towing Facility shall mean a building,

• Hydroponic Farms in which plants are property or activity, the principal use of which is the
propagated using a mechanical system designed retrieval of towed motor vehicles. The vehicle towing
to circulate a solution of minerals in water with facility shall have the proper and valid markers and
limited use of growing media; license plates for Tow Trucks issued by the State
• Indoor Growing Operations in which all allowed (N.J.S.A 39:3-84.7) in order to operate.
activities must be conducted within completely
enclosed buildings. Typical operations include Vehicle-Related Services (See “Automobile” for more
greenhouses, vertical farming, hydroponic systems services and busineses related to vehicles).
and aquaponic systems.
• Outdoor Growing Operations in which all Vertical Farms (See “Urban Farm”).
allowed activities are conducted in unenclosed
areas or partially enclosed structures. Typical Veterinary Clinic or Office shall mean a commercial
operations include growing beds, growing fields, facility where animals are brought in for medical
hoophouses and orchards. treatment but are not kept overnight.
• Rooftop Growing Operations in which all
allowed activities occur on the roof of a principal Veterinary Hospital shall mean a commercial facility
building as a principal use or accessory use. Typical where animals are brought in for medical treatment
operations include growing beds and growing and may remain overnight for observation, further
trays. medical treatment or recuperation.
• Vertical Farms in which plants or animals are
cultivated on vertically inclined surfaces; Waiver shall mean permission from the approving
agency to depart from the design standards set forth
Use, Accessory shall mean a use of land or of a in Chapter 16 Site Plan Zoning & Design Standards.
building or structure or portion thereof customarily
incidental and subordinate to the principal use of the Warehousing, Wholesaling and Distribution shall
land, building or structure and located on the same lot mean and include structures, or a major portion
as the principal use. thereof, used principally for the storage, sales or
distribution of nonhazardous goods and merchandise
Use, Nonconforming shall mean a use or activity to retailers, non-residential users, or to wholesalers.
which was lawful prior to the adoption, revision or This use shall also include uses devoted to archives
amendment of a zoning ordinance but which fails to and records. This use shall not include truck terminals,
conform to the requirements of the zoning district truck repair or “manufacturing, heavy, medium, or light”
in which it is located by reasons of such adoption, as defined herein.
revision or amendment.
Waste Transfer Station shall mean and include
Use, Principal shall mean the primary or predominant waste transfer facilities where wastes are handled for
use of any lot or parcel. transshipment to a disposal facility. This use includes
trash compaction and transfer stations, but shall not
Utility Substation shall mean a structure or facility include “materials salvage yard” as defined herein.
which collects, processes and/or distributes a public
utility commodity, as defined in NJSA 48:2-13 and Wholesale Bakery shall mean establishments
regulated by the New Jersey Board of Public Utilities, or places of businesses primarily engaged in the
but not including wireless telecommunications production, preparation, processing, manufacture,
services. packing, storage or handling of bakery products for
sale or distribution to any other person other than the
Variance shall mean permission to depart from the ultimate consumer including other retailers, industrial,
literal requirements of a zoning ordinance pursuant commercial, institutional, or professional business
to NJSA Sections 40:55D-40b, 40:55D-60 and users, other than wholesalers, or acting as agents
40:55D-70c and d of the Municipal Land Use Law. or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
76
Wind Energy System, Large shall mean a wind unenclosed porches except as otherwise provided in
energy system of one or more wind towers and this Title. The rear yard shall be at the opposite ends
turbines that has a nameplate capacity of more than of the lot from the front yard and on corner lots it may
twenty-five (25) kilowatts and is used to generate extend across the narrowest part of the lot. A through
energy for commercial sale. lot or corner lot is not required to have a rear yard.
Wind Energy System, Small shall mean a wind Yard, Side shall mean a yard that extends along a side
energy system of one or more wind towers and lot line from the required front yard, or from the front
turbines that has a nameplate capacity twenty-five lot line if no front yard is required, to the required rear
(25) kilowatts or less and is primarily used to generate yard, or to the rear lot line if no rear yard is required.
energy for use by the landowner. Solar energy system In the case of a corner lot, any yard that is not a front
and power generation facilities are defined herein. yard is considered a side yard.
Wind Turbine shall mean a wind energy conversion Zoning Board of Adjustment shall mean the
system that converts wind energy into electricity administrative board of the City of Newark established
through use of a wind turbine generator and includes pursuant to NJSA 40:55D-1 et seq.
such elements as a wind turbine generator hub, blade
or rotor, tower and transformer. Zoning Officer shall mean the administrative officer
designated to administer the zoning ordiance and
Wind Turbine Hub shall mean an electric power issue zoning permits.
generator to which the blade or rotor of a wind turbine
is attached.
Yard shall mean an open space on the same lot

with a building, unoccupied and unobstructed by any
portion of a structure from the ground upward, except
as provided in Section 40:4-1 et seq. of this Title. In
measuring a yard for purposes of determining the
required width of a side yard, the required depth of
a front yard or the required depth of a rear yard, the
minimum horizontal distance between the lot line and
the principal structure shall be used.
Yard, Front shall mean a yard extending across the

street side of a lot measured between the side lot lines
and being the minimum horizontal distance between
the street line and the main building or any projection
thereof, other than steps, unenclosed balconies and
unenclosed porches, except as otherwise provided in
this Title. A through lot unimproved with buildings shall
have a front yard on each of the opposing streets. A
through lot improved with buildings shall consider the
street frontage lot line closest to the principal building
the front yard. On corner lots, each lot line abutting a
street shall be considered a front yard.
Yard, Rear shall mean a yard extending across the full

width of a rear lot line measured between the rear lot
line and the rear of the main building, or any projection
thereof, other than steps, unenclosed balconies or
77
Chapter 3. Zoning Districts

40:3-1. Establishment of zoning districts 40:3-3. Interpretation of zoning district boundaries
For the purpose of limiting and restricting to specified Where uncertainty exists with respect to the
districts, and regulating therein buildings and boundaries of the various districts as shown on the
structures according to their construction and the map accompanying and made a part of this Title, the
nature and extent of their use, and the nature and following rules shall apply:
extent of the use of land, and to regulate and restrict
the height, number of stories, and size of buildings 40:3-3-1. Where the district boundaries are either
and other structures, the percentage of lot that may streets or alleys, unless otherwise shown, and where
be occupied, the size of yards, courts and other open the districts designated on the map accompanying and
spaces, the density of population, and the location made a part of this Title are bounded approximately
and use and extent of use of buildings and structures by streets or alley lines, the center line of the street
and land, for trade, industry, residence or other or alley shall be construed to be the boundary of such
purposes excluding municipally owned and operated district.
or municipally operated buildings and related premises
used for governmental purposes, the City of Newark 40:3-3-2. The district boundaries are, unless otherwise
is hereby divided into districts, of which there shall be indicated, either street lines or lines drawn parallel to
twenty (20) in number, known as: and one hundred (100) feet back from one (1) or more
of the street lines bounding a block. Where two (2) or
R-1 Detached Single-Family Residential more district designations are shown within a block
R-2 Single- and Two-Family Residential two hundred (200) feet or less in width, the boundaries
R-3 One- to Three-Family and Town House of the less restricted district shall be deemed one
Residential hundred (100) feet back from its street line. Where
R-4 Low-Rise Multifamily Residential two (2) or more district designations are shown within
R-5 Mid-Rise Multifamily Residential a block more than two hundred (200) feet in width,
R-6 High-Rise Multifamily Residential the boundaries of the more restricted district shall be
C-1 Neighborhood Commercial deemed one hundred (100) feet back from its street
C-2 Community Commercial line.
C-3 Regional Commercial
I-1 Light Industrial 40:3-4. General compliance conditions
I-2 Medium Industrial Except as otherwise provided in this Title:
I-3 Heavy Industrial
MX-1 Mixed Use, Residential/Commercial 40:3-4-1. No building, structure or land shall be used
MX-2 Mixed Use, Residential/Commercial/ for, nor shall any building or structure be erected,
Industrial converted, enlarged, reconstructed, or structurally
EWR Airport altered for any use which does not comply with all
EWR-S Airport Support district regulations established by this Title for the
PORT Port district in which the building, structure, or land is
INST Institutional located.
PARK Park
CEM Cemetery 40:3-4-2. The yard regulations and the lot area
per unit provisions required by this Title shall be
40:3-2. Zoning map considered minimum regulations for each and every
The boundaries of the districts set forth above shall building or structure existing on the effective date of
be as shown and delineated on the “Newark Zoning the zoning ordinance and for any building or structure
Maps” found on pages 7-31 of this booklet and thereafter erected or structurally altered. No land
declared to be part of this Chapter. required for yards, or lot area per unit provisions
for any building or structure hereafter erected or
structurally altered, shall be considered as a yard or for
a lot area for any other building or structure.
78
Chapter 3. Zoning Districts
40:3-4-3. Extraneous Living Spaces

Any indoor living space that could be converted to
an additional dwelling unit shall be considered as an
additional dwelling unit for all zoning, building, or land
development regulation purposes. Such an indoor
space shall be defined as having two hundred and fifty
(250) or more square feet and having direct access
to the structure’s common stairwell, hallway, or lot.
Such spaces are typically labeled as recreation rooms,
storage rooms, home offices, dens, or a combination
of such rooms. If, however, this space contains the
dwelling unit’s only entranceway, or consists of a
dwelling unit’s only living room, dining room, or kitchen,
it shall not be considered an additional dwelling unit. If
this space consists of a commercial or live/work area
required because it fronts on a commercial row or is
proposed as permitted commercial space, it shall not
be considered an additional dwelling unit.
40:3-5. New territory

Whenever lands or territory shall hereafter be acquired
by annexation, the lands or territory shall be deemed
to be zoned as it was prior to annexation in the
municipality from which it was acquired.
79
Chapter 4: Permitted Uses by Education & Cultural

Business, Specialized or Vocational Schools
District Colleges & Universities
(Galleries included under Retail Sales, General)
40:4. Use Categories Museum
Primary & Secondary Schools
These two pages group all Principal Uses listed in the
Use Charts that follow into Use Categories in order to Entertainment & Nightlife
ease identification of which Principal Use use applies to Bars, Cigar/Hookah
a specific proposed development. Each Use Category Bars, Taverns & Lounges
(highlighted in yellow and listed in bold type) Nightclubs, Discotheques & Cabarets
contains a variety of similar and related Principal uses Private Clubs (including Motorcycle Clubs)
(listed in non-bold type). Each Principal Use listed has a Sexually Oriented Businesses
specific definition found in Chapter 2.
Food & Drink
Animals (Pets) Convenience Retail
Animal Boarding or Kennel, Pet Shop, Animal Shelter, Emergency Food Distribution Center, Food Pantry,
Pound Soup Kitchen
Animal Grooming & Animal Daycare Fish, Meat and Poultry Market
Veterinary Clinic, Office & Veterinary Hospital Fresh Food Market
Liquor Store
Antennas Live Animal Market
Commercial Antenna & Microwave Dishes Supermarket
Take-Out Restaurant
Automotive Services, Sales and Repair Sit-Down Restaurant
Automobile Repair & Tire Repair Wholesale Bakeries
Automobile Paint & Body Repair
Automobile Sales and Rentals Funeral
Automobile Car Wash Cemeteries
Commercial, Industrial Truck & Bus Services Crematorium, Animal
Gasoline Station Funeral Home/Mortuaries
Operation Facilities for
Bus/Taxicab/Ambulance/Limousine Government Uses
Truck Terminal Governmental (Non-Municipal Uses)
Vehicle Towing Facility Municipal Uses

Aviation Manufacturing
Airport Artist Live/Work Studio (Nuisance Producing)
Heliport Laundry Facility, Commercial/Wholesale
Manufacturing, Light
Community Facilities Manufacturing, Heavy
Community Center Manufacturing, Medium
Places of Worship Research & Development

Day Care Facilities Medical & Social Service
Child Care Centers Emergency Food Distribution Center, Food Pantry,
Soup Kitchen Medical Offices
Homeless Shelter
Hospital/Medical Institution
Medical Clinic or Emergency Care Facility
Methadone Maintenance Clinic
Substance Abuse Treatment Centers (does not include
80 Methadone Maintenance clinics)
Chapter 4. Permitted Uses by District
Office Retail (no food)

Office Check-Cashing Establishments & Bail Bond Agencies
Consumer Repair
Outdoor Storage Consignment Stores
Materials Salvage or Junk Facility Department Store
Outdoor Storage Dry Cleaning and Laundry Establishment
Outdoor Storage, Chemical Financial, Insurance, Real Estate, or Securities
Brokerage Consumer Services
Parking Exterminator / Pesticide Application Business
Parking Garage, Commercial Vehicle Furniture and Appliance Stores, Used
Gun, Ammunition/Weapons Dealers
Personal Services Heavy Retail and Service
Body Art Studio Laundromat
Personal Service Establishment Large Format Retail and/or Shopping Center
Massage Facility Pawn Shops
Pet Shop
Recreational Resale or Thrift Shops
Commercial Recreation Retail Sales, General Consumer Goods
Fitness Centers
Passive Recreation Park Signage
Active Recreation Park Billboards
Theater
Utilities
Residences & Lodging Electrical or Gas Switching Facility, Power Distribution,
Single-Family Dwelling or Substation
Two-Family Dwellings Power Generation Facilities
Three-Family Dwelling Solar Energy System (ground mounted, roof mounted,
Town Houses over parking lots and structured parking)
Low-Rise Multi-Family Dwellings Telephone Switching Facility
Mid-rise Multi-Family Dwellings Wind Energy System, Large
High-rise Multi-Family Dwellings
Dwelling above certain ground floor retail, offices and Urban Agriculture
personal services Community Garden
Adult Family Care Home Market Garden
Artist Live/Work Space (Nuisance Producing) Urban Farm
Assisted Living Facilities
Community Residences for Developmentally Warehousing & Distribution
Disabled, Persons with Head Injuries and Data Center
Terminally Ill Persons, and Community Self Storage
Shelters for Victims of Domestic Violence Warehousing, Wholesaling & Distribution
Dormitories
Hotels Waste & Recycling
Nursing Homes Materials Salvage or Junk Facility
Rooming and Boarding House Recycling Center
Waste Transfer Station
81
40:4-1. Permitted uses in Residential Districts
Table 4-1: Residential Districts

P = Permitted — = Not Permitted C = Conditional Use Only
Any use not listed below is also prohibited.
R-1 R-2 R-3 R-4 R-5 R-6
Principal Uses
Single-Family Dwelling P P P P — —
Two-Family Dwelling — P P P — —
Three-Family Dwelling — — P P — —
Town House, Dwelling — — P P — —
Low-Rise Multi-Family Dwellings — — — P P P
Mid-Rise Multi-Family Dwellings — — — — P P
High-Rise Multi-Family Dwellings — — — — — P
Active Recreation Park P P P P P P
Assisted Living Facilities & Nursing Homes — — — C C C
Child Care Center — C C C C C
Community Centers — — C C C C
Community Gardens — P P P P P
Community Residences for the Developmentally Disabled, Persons
with Head Injuries and Terminally Ill Persons and Community Shel- P P P P P P
ters for Victims of Domestic Violence, Adult Family Care Home
Ground Floor Use for Child Care Center, Community Center, Con-
signment Store, Convenience Retail, Finance, Insurance Real Estate,
or Securities Brokerage Consumer Services, Fresh Food Market,
— — — P P P
Governmental (Non-Municipal) Use, Municipal Use, Offices,
Personal Services Establishment, or General Consumer Goods
Retail Sales.
Municipal Uses P P P P P P
Passive Recreation Park P P P P P P
Places of Worship — C C C C C
Primary and Secondary Schools C C C C C C
Urban Farm (See Section 40:4-6. Additional Standards) — — P P P P
82
Table 4-1: Residential Districts

* = Additional Standards apply (Section 40:4-6) Any use not listed below is also prohibited.
R-1 R-2 R-3 R-4 R-5 R-6
Accessory Uses
Automotive Lifts (see Section 40:4-6. Additional Standards) — — — — P P
Coldframe — P P P P P
Commercial Antennas & Microwave Dishes — — — — — C
Composting (See Section 40:4-6. Additional Standards) P P P P P P
Family Day Care Homes (see Section 40:4-6. Additional Standards) P P P P P P
Greenhouse — P P P P P
Home Occupation (See Section 40:1-6. Additional Standards) P P P P P P
Home Professional Offices — — — C C C
Hoophouse — P P P P P
Outdoor Storage, Portable Storage Units P P P P P P
Parking, Structured — — — P P P
Parking Garage, Private Residential P P P P P P
Private Sports Courts C C C C C C
Sheds and Other Accessory Storage Structures
P P P P P P
(See Section 40:4-6. Additional Standards)
Solar Energy Systems C C C C C C
Swimming Pools, Private P P P P P P
Wind Energy Systems, Small C C C C C C
83
40:4-2. Permitted uses in Commercial Districts
Table 4-2: Commercial Districts Table 4-2: Commercial Districts

P = Permitted — = Not Permitted P = Permitted — = Not Permitted
C = Conditional Use Only C = Conditional Use Only
Any use not listed below is also prohibited. Any use not listed below is also prohibited.
C-1 C-2 C-3 C-1 C-2 C-3
Principal Uses Finance, Insurance, Real Estate, or
Dwelling, Above the Ground Floor Securities Brokerage Consumer P P P
P P P Services
of Retail, Office or Service Use
Animal Daycare, Animal Grooming — — C Fish, Meat and Poultry Markets — P P
Automobile Rentals — — C Fitness Center — P P
Automobile Repair and Tire Repair — — C Fresh Food Market P P P
Automobile Sales — — C Funeral Home or Mortuary C C C
Bail Bond Agency — P P Furniture and Appliance Stores,
C C C
Used
Bar/Lounge, Cigar or Hookah
(See Section 40:4-6. Additional — — — Gasoline Station — — C
Standards) Governmental (Non-Municipal)
P P P
Bars, Taverns, Lounges — C C Uses
Billboards — — — Gun, Ammunition/Weapons Dealers — — —
Body Art Studio — C C Hotels (See Section 40:4-6.
— — P
Additional Standards)
Business, Specialized or Vocational
— P P Large Format Retail and/or
Schools — — C
Shopping Centers
Check-Cashing Establishments — — P
Laundromat P P P
Child Care Center P P P
Liquor Stores — — C
Cigar/Tobacco Retail Sales
Establishment (See Section 40:4-6. — P P Market Gardens P P P
Additional Standards) Massage Facility — C C
Commercial Antennas Medical Clinic or Emergency Care
C C C — P P
& Microwave Dishes Facility
Commercial Recreation — — P Medical Offices — P P
Community Centers P P P Methadone Maintenance Clinic — — C
Community Gardens P P P Municipal Uses P P P
Consignment Store P P P Nightclubs, Discotheques &
— C C
Consumer Repair Services P P P Cabarets
Convenience Retail Offices (only permitted on second
P P P P P P
(permitted on ground floor only) floor or above in C-2)
Department Store — — P Pawn Shops — — C
Dry Cleaning and Laundry Personal Service Establishment P P P
— C C
Establishment Pet Shop (See Section 40:4-6.
— — P
Emergency Food Distribution Additional Standards)
— C C
Center, Food Pantry, Soup Kitchen Place of Worship C C C
Primary & Secondary Schools C C C
84
Table 4-2: Commercial Districts Table 4-2: Commercial Districts

P = Permitted — = Not Permitted P = Permitted — = Not Permitted
C = Conditional Use Only C = Conditional Use Only
Any use not listed below is also prohibited. Any use not listed below is also prohibited.
C-1 C-2 C-3 C-1 C-2 C-3
Private Clubs Automotive Lifts
(See Section 40:4-6. Additional — C C (see Section 40:4-6. Additional P P P
Standards) Standards)
Resale or Thrift Shop — — C Child Care Center P P P
Retail Sales, General Consumer Coldframe P P P
P P P
Goods Composting (See Section 40:4-6.
Rooming House or Boarding House — C C P P P
Additional Standards)
Sit-Down Restaurant P P P Donation Bin (See Section 40:4-6.
P P P
Substance Abuse Treatment Center — — C Additional Standards)
Supermarket — P P Drive-Through Facilities — — C
Take-Out Restaurant P P P Emergency Food Distribution
C C C
Theaters — P P Center, Food Pantry, Soup Kitchen
Urban Farm (See Section 40:4–6. Greenhouse P P P
P P P
Additional Standards) Home Occupation (See Section
P P P
Veterinary Clinic, Office, or Hospital — — C 40:4-6. Additional Standards)
Wholesale Bakeries — C C Hoophouse P P P
Accessory Uses Farm Stand P P P
Massage Facilities C C C
Ice Cream Service Window C C C
Outdoor Storage, Portable Storage
C C C
Units
Parking, Structured P — P
Sidewalk Café (accessory
to permitted restaurant only,
P P P
see Section 40:4-6. Additional
Standards)
Solar Energy Systems C C C
Wind Energy Systems, Small C C C
85
40:4-3. Permitted uses in Industrial, Airport, and Port Area Districts
Table 4-3: Industrial, Airport, and Port Area Districts

I-1 I-2 I-3 EWR EWR-S PORT
Principal Uses
Airport — — — P — —
Animal Boarding or Kennel, Animal Shelter, Pound C C — — — —
Animal Daycare, Animal Grooming — — — — — —
Artist Live/Work Studio (Nuisance Producing) C — — — — —
Automobile Paint and Body Repair — C C — C —
Automobile Rentals C C — — C —
Automobile Repair and Tire Repair C C C — C —
Automobile Sales C C — — C —
Automobile Car Wash C C — — C —
Bail Bond Agency P P — — — —
Billboards — — C — C C
Check-Cashing Establishment P P — — — —
Child Care Center — — — — P —
Commercial, Industrial Truck and Bus Services — C C — C —
Commercial Antennas & Microwave Dishes C C C C C C
Commercial Recreation P P — — — —
Convenience Retail P P P — P —
Crematorium, Animal — C C — — —
Data Center P P P — P —
Dry Cleaning & Laundry Establishment — C C — C —
Electrical or Gas Switching Facility, Power Distribution or Substation — — P — — —
Emergency Food Distribution Center, Food Pantry & Soup Kitchen — P P — — —
Exterminator / Pesticide Application Business C C C — — —
Finance, Insurance, Real Estate, or Securities Brokerage Consumer
— — — — P —
Services
Fish, Meat and Poultry Markets P — — — — —
Fitness Center P P — — — —
Gasoline Station C C C — P —
Governmental (Non-Municipal) Uses P P P P P P
Heavy Retail and Service P P — — — —
Heliport — — — P P —
Homeless Shelter C — — — — —
Hotels (See Section 40:4-6. Additional Standards) — — — — P —
86

Laundry Facility-Commercial/Wholesale P P P — — —
Live Animal Market C C C — — —
Manufacturing, Heavy — — P — — P
Manufacturing, Light P P P — P P
Manufacturing, Medium — P P — — P
Materials Salvage or Junk Facility — C C — — —
Methadone Maintenance Clinic C — — — — —
Municipal Uses P P P P P P
Nightclubs, Discotheques & Cabarets P — — — — —
Operation Facilities for Bus/Taxicab/Ambulance/Limousine P P — — P —
Outdoor Storage — — C — — —
Outdoor Storage, Chemical — — C — — —
Parking Garage, Commercial Vehicle — P P — — —
Places of Worship C — — — — —
Power Generation Facilities — — P — — —
Recycling Center C C C — — —
Research and Development P P P — P —
Self Storage P — — — — —
Sexually Oriented Businesses — C — — — —
Sit-Down Restaurant P — — — — —
Solar Energy System P P P — — —
Substance Abuse Treatment Centers C — — — — —
Take-Out Restaurant P — — — — —
Telephone Switching Facility P P P — — —
Truck Terminal — P P — — —
Vehicle Towing Facility P P — — — —
Veterinary Clinic, Office or Hospital C — — — — —
Warehousing, Wholesaling and Distribution P P P P P P
Waste Transfer Station — — P — — —
Wholesale Bakeries P P P — P —
Wind Energy Systems, Large P P P — — —
87

Accessory Uses
Automotive Lifts (see Section 40:4-6. Additional Standards) P P P P P P
Childcare Center P — — — P —
Commercial, Industrial Truck and Bus Wash — C C — C —
Composting (see Section 40:4-6. Additional Standards) P P P P P P
Parking Area, Private P P P — P P
Donation Bin (See Section 40:4-6. Additional Standards) P P P — — —
Drive-Through Facilities C — — — C C
Emergency Food Distribution Center, Food Pantry, Soup Kitchen C — — — — —
Offices P P P — — —
Outdoor Display Area C C C C C C
Outdoor Storage C C C C C C
Outdoor Storage, Chemical C C C C C C
Outdoor Storage, Portable Storage Units C C C C C C
Parking, Structured P P P P P P
Power Plant — — C — — —
Solar Energy Systems C C C C C C
Wind Energy Systems, Small C C C C C C
88
40:4-4. Permitted Uses in Mixed-Use & Other Districts
Table 4-4: Mixed-Use & Other Districts

MX-1 MX-2 INST PARK CEM
Primary Uses
Single-Family Dwelling P P — — —
Two-Family Dwelling P P — — —
Three-Family Dwelling P P — — —
Town House, Dwelling P P P — —
Low-Rise Multi-Family Dwellings P P P — —
Mid-Rise Multi-Family Dwellings — — P — —
Artist Live/Work Studio (Nuisance Producing) — C — — —
Active Recreation Park P P P P —
Animal Boarding or Kennel, Animal Shelter, Pound — C — — —
Animal Daycare, Animal Grooming C C — — —
Automobile Repair and Tire Repair — P — — —
Bar/Lounge, Cigar or Hookah (See Section 40:4-6. Additional
— — — — —
Standards)
Bars, Taverns, Lounges C C — — —
Body Art Studio — C — — —
Business, Specialized or Vocational Schools — P — — —
Cemeteries (See Section 40:4-6. Additional Standards) — — — — P
Child Care Center P P P — —
Colleges and Universities — — P — —
Commercial Recreation — P — — —
Community Centers P P P — —
Community Gardens P P P P —
Consignment Store P P — — —
Consumer Repair Services P P — — —
Convenience Retail P P P — —
Data Center — P — — —
Dormitory — — P — —
Dry Cleaning and Laundry Establishment C C C — —
Emergency Food Distribution Center, Food Pantry & Soup Kitchen C C — — —
Finance, Insurance, Real Estate, or Securities Brokerage Consumer
P P — — —
Services
Fish, Meat and Poultry Markets P P — — —
Fitness Center P P P — —
Fresh Food Market P P P — —
Funeral Home or Mortuary C C — — —
89

Governmental (Non-Municipal) Uses — P P — —
Homeless Shelter C C C — —
Hospital or Medical Institution — — P — —
Hotels (See Section 40:4-6. Additional Standards) — — — — —
Laundromat P P — — —
Manufacturing, Light — P — — —
Massage Facilities C C — — —
Medical Clinic or Emergency Care Facility — P — — —
Medical Offices P P — — —
Methadone Maintenance Clinic — C — — —
Municipal Uses P P P — —
Museums — — P — —
Offices P P P — —
Passive Recreation Park P P P P —
Personal Service Establishment P P — — —
Places of Worship C C C — —
Primary and Secondary Schools C C C — —
Private Clubs (See Section 40:4-6. Additional Standards) C — — — —
Recycling Center — C — — —
Resale or Thrift Shop C C — — —
Research and Development — P P — —
Retail Sales, General Consumer Goods P P P — —
Sit-Down Restaurant P P — — —
Substance Abuse Treatment Center — C — — —
Supermarket P P — — —
Take-Out Restaurant P P — — —
Theater — — P — —
Urban Farms (See Section 40:4-6. Additional Standards) P P P — —
Veterinary Clinic, Office or Hospital — C — — —
Warehousing, Wholesaling and Distribution — P — — —
Wholesale Bakeries — P — — —
90

Accessory Uses
Automotive Lifts (see Section 40:4-6. Additional Standards) — P P — —
Child Care Center P P P — —
Coldframe P P P P —
Columbarium — — — — P
Composting (See Section 40:4-6. Additional Standards) P P P P P
Crematorium, Animal — — — — C
Crematorium, Human — — — — C
Donation Bin (See Section 40:4-6. Additional Standards) P P P — —
Emergency Food Distribution Center, Food Pantry & Soup Kitchen C C — — —
Farm Stand P P P — —
Greenhouse P P P P —
Home Occupation (See Section 40:1-6-5. Additional Standards) P — — — —
Home Professional Offices C C — — —
Hoophouse P P P P —
Maintenance Buildings — — P P P
Massage Facilities C C — — —
Mausoleum — — — — P
Mausoleum, Family — — — — P
Offices P P P — P
Outdoor Storage, Portable Storage Units — C C — C
Parking, Structured P P — — —
Parking Garage, Private Residential P P — — —
Place of Worship — — — — P
Sidewalk Café (accessory to permitted restaurant only, see Section P P P — —
40:4-6. Additional Standards)
Solar Energy Systems C C C — C
Tombstones and Monuments — — — — P
Wind Energy Systems, Small C C C C C
91
40:4-5. Nonconforming Uses b. Automotive lifts shall comply with the applicable
automotive lift requirements of the New Jersey Uni-
40:1-5-1. Any lawful nonconforming use or structure form Construction Code (NJAC 5:23).
existing on the effective date of the zoning ordinance,
or at the time of the effective date of any amendment d. The applicant shall certify that any permitted auto-
or supplement thereto making it a nonconforming use motive lift shall comply with the most current ANSI/
or structure, may be continued upon the lot or in the ALI ALOIM “Safety Requirements for the Operation,
building so occupied, and any such structure may be Inspection, and Maintenance of Automotive Lifts”
restored or repaired in the event of partial destruction and provide a plan for ongoing operation, inspection
thereof, in accordance with this Title, except that any and maintenance.
lawful nonconforming use subject to condition or con-
ditions or limitation as to term of duration, shall contin- e. Automotive lifts shall comply with noise limitations
ue subject to any condition or conditions, and only for set forth in Title 20, Chapter 3 of the Municipal Code
and to the end of the term or duration for which such of the City of Newark, known as the “Noise Control
nonconforming use was granted. Ordinance of the City of Newark.”
40:1-5-2. No existing building or premises devoted to f. Automotive lifts shall be exempt from the parking
a nonconforming use as permitted by this Title, shall dimensions requirements of Chapter 7. Off Street
be enlarged, extended, reconstructed or structurally Parking and Loading Requirements.
altered, unless a variance for such expansion has been
granted by the Zoning Board of Adjustment pursuant 2. Usage Standards.
to NJSA 40:55D-70d(2).
a. Automotive Lift Usage in Residential Buildings or
40:1-5-3. No nonconforming use which shall have Residential Use in Mixed-Use Buildings.
been discontinued for a period exceeding twelve (12) i. Automotive lifts shall not be permitted in the R-1,
months shall be resumed, nor shall it be replaced by R-2, R-3, R-4, R-5, R-6, C-1, C-2 and C-3 Districts,
any other nonconforming use. or in conjunction with any exclusively residential
building with six (6) or fewer residential dwelling
40:1-5-4. In the event of a partial destruction of a units.
structure devoted to a nonconforming use, the owner
shall, within ninety (90) days after such event, give ii. Where permitted, automotive lifts proposed to
notice in writing to the Uniform Construction Code Of- serve any use in a historic district shall only be
ficial of his/her intention to restore or repair the struc- located within a fully enclosed building.
ture, and within ninety (90) days after date of notice,
commence and diligently proceed to the completion of iii. Where permitted, automotive lifts proposed to
the work. serve any use outside of or any residential use
within the Fourth Business District shall only be
40:1-5-5. In the construction of any definition in this located within a fully enclosed building.
Title, in its application to a nonconforming use, the
definition shall be deemed a clarification of the ap- iv. Where permitted, automotive lifts may be used
plicable definition heretofore contained in any pre- to satisfy minimum off-street parking requirements
existing ordinance. set forth in Chapter 7.
40:4-6. Additional Standards v. Where automotive lifts are utilized in enclosed

garages for the purpose of satisfying minimum
40:4-6-1. Automotive Lifts parking requirements, at least one (1) parking
1. General Automotive Lift Standards. space for each residential dwelling unit in the
building in which it is located shall be provided
a. Automotive lifts shall be used only as expressly in a manner that would not require the moving
provided in this Section and as part of an approved of another vehicle. Otherwise, a 24-hour, 7-day
site plan. a week valet attendant is required. Automotive
92
lifts may be used to satisfy the remaining parking d. Erection of tombstones and monuments.
requirements, or parking in excess of the minimum
required standards. e. Accessory maintenance buildings related to the
operation of the cemetery not to exceed a height of
vi. Permitted automotive lifts within residential twenty (20) feet.
buildings shall be operated only by a valet or an
attendant employed by the owner or operator of f. Mausoleums and columbaria subject to the follow-
the building or by an owner or resident of a dwelling requirements:
ing unit within the building whose parking space is i. There shall be only one (1) mausoleum and one
specifically assigned to use that automotive lift. (1) columbarium per cemetery;
b. Automotive Lift Usage in Non-Residential Build- ii. Family mausoleums shall not be limited in num-
ings or Nonresidential Use in Mixed-Use Buildings. ber.
i. Only in the R-5, R-6, C-2, C-3, I-1, I-2, I-3, EWR,
EWR-S, PORT, MX-2 and INST Districts automo- iii. All mausoleums and columbaria must be con-
tive lifts may be in used in conjunction with permit- structed in accordance with the requirements of
ted non-residential or mixed use buildings for any Federal, State and local building codes, including
parking required or permitted in the building or at fire prevention and health codes.
the site.
iv. No mausoleum or columbarium shall be con-
ii. Allowed automotive lifts within nonresidential structed without written approval from the New
buildings or serving the non-residential uses of Jersey Department of Community Affairs of plans
a mixed use building shall be operated only by a and specifications and without a building permit
valet or an attendant employed by the owner or from the City Construction Official.
tenant of the building. Automotive lifts serving
residential portions of a mixed use building shall g. Crematories are subject to the following require-
be subject to the restrictions in Section 40:5-8b.1 ments:
of this Chapter. i. Pursuant to NJSA 45:27-40, a crematory shall
be located only on dedicated cemetery property
3. Height Standards not exclusively devoted to: 1) the operation of a
a. Any automotive lift system used for a parking crematory; or 2) the operation of a crematory and
area shall be limited by the height standards of the the disposition of cremated remains. Crematoriums
zoning district in which the parking lot is located. But operated in conjunction with a funeral home prior
no automotive lift shall exceed thirty-five (35) feet to December 1, 1971 are excepted from the provi-
in height from the floor of the enclosed space in sions of this paragraph.
which it is located or from at grade if the unit is not
enclosed. ii. The crematorium shall receive all necessary ap-
provals from applicable State and Federal agen-
40:4-6-2. Cemeteries cies.
1. Within a cemetery, the following activities, structures,
and buildings shall be permitted: iii. The crematorium shall emit no visible emissions.
a. Internment of the dead and related activities as-
sociated therewith. iv. All activity relating to the deceased shall be
screened from public view, including delivery and
b. Places of worship as an accessory use. storage of the corpse.
c. An office strictly related to activities of the cem- v. All exterior walls of any crematory shall set back
etery or a residence to be used exclusively for an at least two hundred (200) feet from the nearest
employee involved in caretaking, security or other property line of the cemetery or from the nearest
activities of the cemetery. street line, whichever is applicable.
93
2. All permanent structures in a cemetery shall adhere 4. Compost and raw materials shall not produce odor
to the following area and bulk restrictions: or attract mosquitos.
a. Maximum height: Twenty (20) feet.
b. Minimum front yard setback: Thirty (30) feet. 5. A rat, insect, rodent, bird and/or pest control such as
c. Minimum side yard setback: Fifteen (15) feet. screening or netting must be provided.
d. Minimum rear yard setback: Thirty (30) feet.
6. Surface water control to prevent composting ma-
40:4-6-3. Cigar Bars/Lounge & Cigar/Tobacco terials from sitting in ponded surface water must be
Retail Establishments provided.
1. Cigar bars and cigar lounges are regulated pursuant
to NJSA 26:3D-55 et seq., “New Jersey Smoke-Free 7. Compost must be turned at regular intervals to aid in
Air Act” and NJAC 8:6 et seq. which states that smok- physical breakdown until composting is complete.
ing is prohibited in an indoor public place or workplace
including cigar bars and cigar lounges. 8. Compost material shall not contain sewage.
2. A cigar bar or cigar lounge is exempt from the provi- 40:4-6-4 Donation Bin (accessory use)
sions of the New Jersey Smoke Free Air Act if the The placement and/or use of a clothing bin shall be
following conditions are met: regulated, and the use and location of bins shall be
subject to the following requirements:
a. The cigar bar or cigar lounge in the calendar year 1. Donation bins shall only be located in nonresidential
ending December 31, 2004, generated fifteen (15) zoning districts. Exempt from this requirement shall
percent or more of its total annual gross income be fire departments, first aid rescue squads, houses
from the on-site sale of tobacco products and the of worship, many of which are located in residential
rental of on-site humidors, not including any sales zones, provided that no clothing bin located on any
from vending machines; and fire, first aid squad facility, place of worship or school
property shall be closer than 250 feet from an adjacent
b. The cigar bar or cigar lounge is registered with residential dwelling.
the local board of health in the municipality in which
the bar or lounge is located. The registration shall 2. Donation bins shall not be in the public Right-of-
remain in effect for one year and shall be renewable Way.
only if:
3. The location of donation bins on real property shall
i. In the preceding calendar year, the cigar bar or be consistent with any existing site plan approval for
lounge generated fifteen (15) or more if its total the premises. If it is not, the applicant shall be required
annual gross income from the on-site sale of to- to obtain a waiver of site plan approval. If a site plan
bacco products and the rental of on-site humidors, waiver is not obtained then the applicant shall apply for
and a revised site plan to the appropriate Land Use Board.
ii. The cigar bar or cigar lounge has not expanded 4. No more than two receptacles shall be located
its size or changed its location since December 31, within any complex.
2004.
5. Each donation bin shall not exceed six feet in depth,
40:4-6-4 Composting (accessory use) eight feet in width and six feet in height.
1. No compost area may exceed 5 cubic yards in size
Any compost area must be placed at least 3 feet from 6. The clothing bin shall be located in such a manner
any property line. that it will not interfere with pedestrian and/or traffic
circulation or otherwise cause a traffic hazard by virtue
2. Organic waste must be generated on site. of any obstruction that it may create by its placement.
3. All compost must be used on site. 7. The receptacles shall be located in a clearly visible
94
and well-lighted area to permit inspection and enforce- 40:4-6-6. Home Occupations
ment. 1. No persons outside of the residents who occupy the
dwelling shall be permitted to work on the premises.
8. The donation bin may be placed in parking stalls
only if the site exceeds its minimum parking require- 2. There shall be kept no stock in trade nor commodity
ment. sold upon the premises.
9. No donation bin shall be placed in a required buffer 3. There shall be no change in the appearance of the
area or within three feet of a property line, or in a sight dwelling or premises, or any visible evidence of the con-
triangle or fire zone. duct of a home occupation including any artificial light.
10. No donation bin shall be placed in a parking space 4. There shall be no storage of equipment, vehicles or
designated as handicapped parking. supplies associated with the home occupation outside
the dwelling.
11. No clothes shall be stored outside the donation bin.
5. There shall be no display of products visible in any
12. The person placing, using or employing a donation manner from outside the dwelling, nor shall any adver-
bin shall maintain the bin and the area surrounding the tising display or identification signs be permitted; other
bin such that there shall be no accumulation of cloth- than a name plate exceeding one (1) square foot in area.
ing or other donations outside the bin.
6. The home occupation shall not involve the use of
13. The bin shall be emptied no less than once a commercial vehicles or delivery service for delivery of
week and the area immediately surrounding shall be materials to or from the premises or create more traffic
maintained in a clean and sanitary condition, and the than is customary for a residence of the type permitted
clothing bin should remain in good working order and in the zone.
painted.
7. No customer, clients, colleagues or members of the
40:4-6-5. Family Day Care Home public shall visit the home in connection with the home
1. The use shall be registered with the New Jersey De- occupation carried on within the dwelling.
partment of Children and Families as a family day care
home and for which a certificate of registration has 8. Commercial newspaper, radio or television services or
been issued pursuant to the “Family Day Care Provider other forms of advertising including through the Inter-
Registration Act,” P.L. 1987, c. 27 (C.30:5B- 16 et seq.). net, shall not be used to advertise the location of the
The facility shall be in compliance with all State and home occupation to the public.
City regulations including Chapter 126 Manual of Re-
quirements for Family Child Care Registration (NJAC 9. No equipment or process shall be used in a home
10:126-1 et seq.) issued by the State of New Jersey occupation other than is customarily used for domestic
Department of Children and Families. and household purposes and no equipment shall be
used or process conducted which creates noise, vibra-
2. The family day care provider shall be a resident of tion, glare, fumes or odors detectable to the normal
the home in which the service is to be provided. sense at the property boundary lines of the premise or
within other dwelling units in the same building.
3. There shall be no change in the appearance of the
dwelling or premises, or any visible evidence of the 10. Any occupation or activity carried out for gain by a
conduct of a family day care home. resident shall be conducted entirely within the dwell-
ing unit and shall be clearly incidental to the use of
4. There shall be no storage of equipment, vehicles the structure as a dwelling. No accessory structures or
or supplies associated with the family day care home areas outside the principal structure shall be used for or
outside the dwelling. in connection with the home occupation.
95
40:4-6-7. Hotels 5. Such structure shall be set back at least ten (10) feet
1. A hotel shall not be a permanent or primary resi- from all other accessory and principal buildings on the
dence for its users. same tax lot.
2. A hotel shall not contain a self-service guest laundry. 6. There shall only be one such structure per tax lot.
3. Minimum rental period for each non-meeting room 40:4-6-10. Sidewalk Cafes
shall be twenty-four (24) hours, maximum period shall 1. Eating and drinking establishments wishing to oper-
be eleven (11) months. ate an accessory sidewalk café shall obtain a license
from the City of Newark and operate and maintain the
4. All rooms shall only have access by way of a com- sidewalk café in accordance with the regulations of
mon lobby and hallway. There can be no direct access Title XXIX, Streets and Sidewalks, Chapter 26 Side-
to a room from a parking space by way of an outside walk Cafes of the Revised General Ordinances of the
doorway at the room or direct access to a garage. “Mo- City of Newark.
tels” or “motor hotels” shall not be permitted.
2. No outdoor public address or outdoor music system
5. Outdoor recreational facilities such as swimming shall be used.
pools and tennis courts may be permitted but shall
be no closer than twenty-five (25) feet to the prop- 40:4–6–11. Urban Farms
erty boundary of a residential use or residential zone 1. Urban farms must provide a water source from on-
boundary, and shall comply with Section 40:4-12 Buf- site or off-site source.
fers of this Chapter.
2. Green houses and hoop houses shall not exceed 15
6. No outdoor public address or music system shall be feet in height and shall be located at least three feet
used. from side and rear property lines.
40:4-6-8. Pet Shops 3. Equipment used for farming and selling shall be kept
1. Applicants wishing to operate a pet store shall obtain in enclosed structures.
a license from the City of Newark pursuant to Title
VI Animals and Fowl, Chapter 2, Other Animals, Fowl, 4. The only animals permitted to live on-site is fowl and
Article 2, Bird Stores or Pet Shops of the Revised Gen- rabbits, except for roosters and any animals that make
eral Ordinances of the City of Newark. sounds. No fowl or rabbits shall be allowed, under
any circumstances, to run at large. They shall be kept
2. Applicants shall comply with the applicable require- confined in a suitable house or coop with an enclosed
ments of NJAC 8:23A-1.1 et seq. Sanitary Operation of runway. (R.O. 1966 § 6:2-25).
Kennels, Pet Shops, Shelters and Pounds.
5. Compost may be collected on site and may be sold
40:4-6-9. Sheds & Other Accessory Storage Units or given away to the public on-site.
1. Such structures shall be located closer to any street
frontage than the principal building. 6. A 10 square foot sign is permitted to be attached to
a building, wall or a fence.
2. Such structure shall not exceed one (1) story or ten
(10 feet in height.
3. Such structure shall be set back at least one and

one half (1.5) feet from the rear or side lot lines.
4. The building footprint (ground level building cover-

age) of such structure may not exceed 200 square
feet.
96
97
Chapter 5. Building Bulk & Design

Requirements
The Newark Zoning & Land Use Ordinance provides 40:5-1. Permitted Building Types by Zoning
the rules for the bulk and design of buildings District
organized by building types such as single-family
house, apartment building, and houses of worship. Table 5.1 below indicates which building types are
Once you understand the zone for a particular lot permitted in which zones.
in the city and the uses that are permitted for that
lot, this chapter provides the rules for which building On the following pages, Tables 40:5-2 and 40:5-3
types are permitted to contain those uses, and provide the specific bulk and design standards for
the rules for the physical layout and shape of the each buliding type. Following that, graphic illustrations
building. depict the rules for building type. In case of conflict
or ambiguity, bulk and design standards provided in
tables shall prevail.
Table 5.1 Building types permitted by zone

P = permitted, see Bulk & Design requirements
Note: This table pertains only to building design requirements and not permitted uses. For permitted uses, see
Chapter 4: Permitted Uses By District.
BUILDING TYPE R1 R2 R3 R4 R5 R6 C1 C2 C3 I1 I2 I3 MXI MX2 INST EWR-S
RESIDENTIAL
One-family P P P P P P
Two-family P P P P P
Three-family P P P P
Townhouse P P P P P P
Low-rise multifamily &
P P P P P P P
Four-Family
Mid-rise multifamily P P P
High-rise multifamily P
COMMERCIAL
Ground-floor commercial
with commercial or P P P P P P P P P
residential above
Detached commercial P P P P
INDUSTRIAL P P P P P
CIVIC/INSTITUTIONAL
University P
Hospital or Medical Institution P
Schools (Elementary, Middle,
P P P P P P P P P P
High Schools)
Place of Worship P P P P P P P P P P P P
Community Center, Stand-
Alone Daycare or Preschool
P P P P P P P P P
in a Non-residential Area, and
other Civic Buildings
98
Chapter 5. Building Bulk & Design Requirements
40:5-2. Bulk & Design Standards for 1-family houses in R-1

Table 5.2 Bulk & Design Standards for 1-family houses in R-1
Min Lot Min Lot
Max
Size for Width for Front Yard Side Yard
Building Height
Subdivision Subdivision
1-family 5000 SF 50 feet 3 stories and 35 Front setback shall match the shorter One side yard must be 10 feet
house in feet front setback of the two closest principle minimum and other must be 5 feet
R-1 buildings on each side of the project site minimum.
For towers, on the same block as the site up to 50
For cupolas, and feet. If no prevailing setback, 15 feet max For ornamental features, window sills,
accessory other elements and min. bay windows, and balconies, see Note
bulldings in of architectural 10 on page 115.
residential character, see For through lots, a front yard shall be
districts see Note 1 on page 114. provided at each street. For chimneys, see Note 12 on page 115.
Note 7 on
page 114. For corner lots, there shall be a front
yard on each street-facing frontage,
For fire provided that the width of such lot for
escapes, building purposes shall not be reduced
see Note 9 to less than 25 feet and no accessory
on page 115. building shall project into the front yard
on either street.
No front yard on the longer side of a

corner need exceed 12½ feet.
Table 5.2 Bulk & Design Standards for 1-family houses in R-1 (continued)
Min Lot Area per Max Lot Max Impervious (Paved) Yard Orientation of
Min Rear Yard Min Building Transparency
Dwelling Coverage Area primary entrance
30 feet n/a 40% Front Yard: 30% Primary Front Façade: 30% Primary street facing
Rear Yard: 50% façade must include
For ornamental Street-Facing Side & Rear primary entrance.
features, window Only one driveway no wider Façades: 20%
than 10 feet permitted in the
sills, bay windows, Corner lots must
front yard area. Non-Street-Facing Façades:
and balconies, see include two entrances,
10% or the maximum allowed by
Note 10 on page 115. A paved walkway is permitted one on each street-
construction code, whichever is
along one side of a dwelling at facing façade.
greater.
For chimneys, see the side yard.
Note 12 on page 115.
All transparent glazing areas on
door panels count towards this
When a rear yard requirement, but door panels
opens onto a themselves do not count towards
public alley, see this requirement.
Note 13 on page 115.
99
40:5-3. General Bulk & Design Standards

Table 5.3 General Bulk & Design Standards
Min Lot Min Lot Min Lot
Max Min Rear Max Lot
Size for Width for Front Yard Side Yard Area per
Building Height Yard Coverage
Subdivision Subdivision Dwelling
1-family 2500 square 25 feet 3 stories and 36 Front setback shall 3 feet 30 feet n/a 50%
feet feet match the shorter minimum
For front setback of the
accessory For towers, two closest principle
bulldings in cupolas, and buildings on each side
residential other elements of the project site on the
districts see of architectural same block as the site
Note 7 on character, see or 6 feet if no prevailing
page 114. Note 1 on page 114. setback.
For fire Regarding exceptions

escapes, for bay windows,
see Note 9 balconies, stoops,
on page 115. porches, and other
elements of architectural
character, see Note 2 on
page 114.
For through lots, see

Note 3 on page 114.
For corner lots, see Note

4 on page 114.
2-family 2500 square 25 feet 3 stories and 36 Front setback shall 3 feet 30 feet 1250 SF/du 50%
For front setback of the For .
accessory For towers, two closest principle For party ornamental
bulldings in cupolas, and buildings on each side walls and features,
residential other elements of the project site on the other window sills,
districts see of architectural same block as the site exceptions, bay windows,
Note 7. character, see or 6 feet if no prevailing see Note 5 and balconies,
Note 1. setback. on page 114. see Note 10
on page 115.
Regarding exceptions For
for bay windows, ornamental
balconies, stoops, features,
porches, and other window
elements of architectural sills, bay
character, see Note 2 on windows,
page 114. and
balconies,
For through lots, see see Note 10
Note 3 on page 114. on page 115.
For corner lots, see Note For

4 on page 114. chimneys,
see Note 12
For stoops, see Note 8 on page 115.
on page 115.
For porches, see Note 11

on page 115.
100
Max Impervious (Paved)

Min Building Transparency Orientation of primary entrance Active Ground floor Reqs
Yard Area
Front Yard: 65% Primary Front Façade: 30% Primary street-facing façade must n/a
Rear Yard: 30% include primary entrance.
Street-Facing Side & Rear Façades:
Only one driveway no wider 20% Corner lots must include two
than 10 feet permitted in the entrances, one on each street-facing
front yard. Non-Street-Facing Façades: 10% or façade.
the maximum allowed by construction
A paved walkway is permitted code, whichever is greater.
along one side of a dwelling.
All transparent glazing areas on door
panels count towards this requirement,
but door panels themselves do not
count towards this requirement.
Street-Facing Side & Rear Façades: .
Only one driveway no wider 20% All units must be accessible from
than 10 feet permitted in the front or side façade. Rear primary
front yard area. Non-Street-Facing Façades: 10% or entrances are prohibited.
along one side of a dwelling
at the side yard. All transparent glazing areas on door
101

3-family 3500 square 35 feet 3 stories and 36 Front setback shall 3 feet 30 feet 1165 SF/du 55%
For front setback of the For
accessory For towers, two closest principle For party ornamental
bulldings in cupolas, and buildings on each side walls and features,
residential other elements of the project site on the other window sills,
districts see of architectural same block as the site exceptions, bay windows,
Note 7 on character, see or 6 feet if no prevailing see Note 5 and balconies,
page 114. Note 1 on page 114. setback. on page 114. see Note 10
on page 115.
Regarding exceptions For
for bay windows, ornamental When a rear
balconies, stoops, features, yard opens
porches, and other window onto a public
elements of architectural sills, bay alley, see
character, see Note 2 on windows, Note 13 on
page 114. and page 115.
balconies,
For through lots, see see Note 10
Note 3 on page 114. on page 115.

4 on page 114.
Townhouse 7000 square 70 feet 3 stories and 36 Front setback shall 3 feet 30 feet 770 SF/du 60%
(At least 3 front setback of the
adjacent For towers, two closest principle For party
town houses cupolas, and buildings on each side walls and
with 1-3 other elements of the project site on the other
families in of architectural same block as the site exceptions,
each with character, see or 6 feet if no prevailing see Note 5
shared side Note 1 on page 114. setback. on page 114.
driveway)
Regarding exceptions
For for bay windows, 10-foot-wide
accessory balconies, stoops, driveway
bulldings in porches, and other may be
residential elements of architectural placed
districts see character, see Note 2 on at side
Note 7 on page 114. property
page 114. line.
Note 3 on page 114.

4 on page 114.
102

Yard Area
Street-Facing Side & Rear Façades: .
Only one driveway no wider 20% All units must be accessible from
than 10 feet permitted in the front or side façade. Rear primary
front yard area. Non-Street-Facing Façades: 10% or entrances are prohibited.
Rear Yard: 15% include primary entrance for each
Street-Facing Side & Rear Façades: town house.
Only one driveway no wider 20%
than 10 feet permitted in the All units must be accessible from
front yard area. Non-Street-Facing Façades: 10% or front or side façade. Rear primary
the maximum allowed by construction entrances are prohibited.
103

Low-rise 10,000 100 feet 4 stories and 48 Front setback shall 5 feet 30 feet 625 SF/du 66%
multifamily square feet feet match the shorter minimum
front setback of the
For For towers, two closest principle For party
accessory cupolas, and buildings on each side walls and
bulldings in other elements of the project site on the other
residential of architectural same block as the site exceptions,
districts see character, see or 6 feet if no prevailing see Note 6
Note 7 on Note 1 on page 114. setback. on page 114.
page 114.
for bay windows,
balconies, stoops,
porches, and other
page 114.

Note 3 on page 114.

4 on page 114.
Mid-rise 10,000 100 feet 8 stories and Front setback shall 5 feet 30 feet 350 SF/du 60%
multifamily square feet 96 feet match the shorter minimum
For For towers, two closest principle For party
accessory cupolas, and buildings on each side walls and
bulldings in other elements of the project site on the other
residential of architectural same block as the site exceptions,
districts see character, see or 6 feet if no prevailing see Note 6
Note 7 on Note 1 on page 114. setback. on page 114.
page 114.
for bay windows,
balconies, stoops,
porches, and other
page 114.

Note 3 on page 114.

4 on page 114.
104

Yard Area
Front Yard: 55% Primary Front Façade: 50% Primary street-facing façade must If there is one or more units of
Rear Yard: 30% include primary entrance. retail, office or personal services on
Street-Facing Side & Rear Façades: . the gorund floor, the ground floor
35% All units must be accessible from shall have a 14 feet max floor-to-
front or side façade. Rear primary floor height.
Non-Street-Facing Façades: 20% or entrances are prohibited.
code, whichever is greater. If there is one or more units of retail,
office, or personal services on the
All transparent glazing areas on door ground floor between zero (0) and
panels count towards this requirement, 14 feet, each unit must have its own
but door panels themselves do not primary entrance on the street-facing
count towards this requirement. façade.
If there is retail, office or personal

services on the ground floor between
zero (0) and 14 feet, the front façade
must have 65% transparency.
Street-Facing Side and Rear Façades: . the gorund floor, the ground floor
Non-Street Facing Walls: 20% or entrances are prohibited.
the maximum amount allowed by
construction code, whichever is greater. If there is one or more units of retail,

105

High-rise 10,000 100 feet 10 stories and 120 Front setback shall 10 feet 30 feet 300 SF/du 60%
multifamily square feet feet match the shorter minimum
An additional 1 two closest principle
story per 12 feet buildings on each side
of height shall be of the project site on the
permitted for each same block as the site
additional 1,000 or 6 feet if no prevailing
SF of lot area up setback.
to 20,000 SF, for a
maximum height Regarding exceptions
of 20 stories and for bay windows,
243 feet. balconies, stoops,
porches, and other
page 114.

Note 3 on page 114.

4 on page 114.
Ground- 3,500 square 35 feet In C1 zone: Minimum: 0 feet 0 feet min Abutting a In C1 zone: 80%
floor feet 4 stories and 48 Maximum: 5 feet and max residential 580 SF/du
commercial feet district or
with Regarding exceptions residential In C2 zone:
commercial In C2 zone: for bay windows, use: 25 feet 340 SF/du
or 5 stories and 60 balconies, stoops,
residential feet porches, and other Abutting In C3 zone:
above elements of architectural a non- 310 SF/du
In C3 zone: character, see Note 2 on residential
8 stories and 96 page 114. district: 20
feet feet
In MX-1 & MX-2

zones:
4 stories and 48
feet
106

Yard Area
Street-Facing Side & Rear Façades: . the gorund floor, the ground floor
Non-Street Facing Walls: 20% or entrances are prohibited.
construction code, whichever is greater. If there is one or more units of retail,

Front Yard: n/a Ground-level street-facing façade Primary street-facing façade must Ground floor shall have a 14 feet
Rear Yard: 50% below 14 feet in height: 65% include primary entrance. min floor-to-floor height.
Ground-level windows must allow .
views of indoor nonresidential space or Buildings may have more than one
product display areas. principal façade and/or entry.
Corner uses having frontage on two
streets shall meet this requirement for Entries to non-residential uses shall
each of the street frontages. have their own individual entrance
from a sidewalk or walkway; mall-style
Primary Front Façade (excluding interior retail entrances are prohibited.
ground-level façade): 50%
Street-Facing Side and Rear Façades:

35%
Non-Street Facing Walls: 20% or

construction code, whichever is greater.

Reflective, mirrored, smoked and dark
tinted glass are prohibited on façades
facing a public street.
107

Detached 5000 square 50 feet In MX-1 zone: 4 Minimum 0 feet 0 feet or 5 Abutting a n/a 85%
commercial feet stories and 48 feet Maximum 5 feet feet residential
district: 25
In C-3, I-1, & feet
EWR-S zones:
8 stories and 96 Abutting
feet a non-
residential
district: 20
feet
Industrial 5000 square 50 feet In MX-2 zone: 4 Front setback shall 3 feet 50 feet n/a 85%
feet stories and 48 feet match the shorter minimum abutting a
front setback of the residential
In I-1, I-2, I-3 & two closest principle district; 20
EWR-S zones: 8 buildings on each side feet abutting
stories and 96 feet of the project site on the a non-
same block as the site residential
or 6 feet if no prevaling district
setback.
108

Yard Area
Front Yard: 55% Ground-level street-facing façade Primary street-facing façade must Ground floor shall have a 14 feet
Rear Yard: 60% below 14 feet in height: 65% include primary entrance. min floor-to-floor height.
Ground-level windows must allow .
views of indoor nonresidential space or Buildings may have more than one Maximum 30% of primary lot
product display areas. principal façade and/or entry. (§40:7- frontage may be used for parking.
Corner uses having frontage on two 2-2).
streets shall meet this requirement for Entries to non-residential uses shall Minimum 50% of primary lot
each of the street frontages. have their own individual entrance frontage must be occupied by
from a sidewalk or walkway; mall-style building at front setback.
Primary Front Façade (excluding interior retail entrances are prohibited
ground-level façade): 50% (§40:8-2-19).

35%


tinted glass is prohibited on façades
109

University 10,000 100 feet 20 stories, 210 feet Minimum 5 feet 5 feet 30 feet n/a 80%
square feet Maximum 10 feet
Hospital 10,000 100 feet 20 stories, 210 feet Minimum 5 feet 5 feet 30 feet n/a n/a
or Medical square feet Maximum 10 feet
Institution
Schools 10,000 100 feet Schools: 5 stories, Minimum 5 feet 5 feet 30 feet n/a 65%
(elementary, square feet 55 feet Maximum 10 feet
middle and
high school)
110

Yard Area
Street-Facing Side and Rear Façades: .
50% Rear primary entrances are prohibited.






111

Place of 10,000 100 feet 2 stories and 30 Minimum 5 feet 5 feet 20 feet n/a 65%
Worship square feet feet, excluding Maximum 10 feet
steeple, tower or
cupola element,
which can be
30 feet above
permitted height
Community 5,000 square 50 feet Community Minimum 5 feet 5 feet 30 feet n/a 65%
Center, feet Center, Stand- Maximum 10 feet
Stand- Alone Daycare
Alone or Preschool in
Daycare or a non-residential
Preschool area: 3 stories, 35
in a feet
Non-
residential
Area, and
other Civic
Buildings
112

Yard Area
Street-Facing Façades and Side: 35%
Rear primary entrances are prohibited.
Rear Façade: 20%
Non-Street Facing Façades: 20% or

code, whichever is greater. All
transparent glazing areas on door
count towards this requirement
Non-Street Facing Façades: 35% or

code, whichever is greater. All
transparent glazing areas on door
113
Note 1 Architectural elements such as towers and Note 6 1) The side yard setback is allowed to be zero
cupolas may break this limit but not by greater than 6 instead of 5 feet if the closest building on the adjacent
feet. lot has 5 feet of setback from the common lot line;
2) The side yard setback is also allowed to be zero
Note 2 Bay windows (with no wall section greater than instead of the minimum if the closest building on the
6 feet), balconies, stoops, and porches are permitted to adjacent lot has a zero setback from the common lot
encroach into the front setback area. line and the new structure’s wall can be built flush with
the adjacent building’s wall; 3) No new construction
Note 3 For through lots, the street frontage where the shall encroach within 5 feet of another building’s
closest principal buildings on each end of the lot that windows or other fenestrations nor block emergency
have the lesser setback shall be considered the front access to those fenestrations. In cases where the side
yard. yard setback is to be zero, the setback area from that
adjacent building’s fenestrations shall only extend
Note 4 For corner lots, the following special setback from the location of the fenestration to the rear of the
requirements apply to the street frontages of the two new structure; 4) No side yard shall be of a distance
intersecting streets in R-2, R-3, R-4, MX-1, and MX-2: 1) between zero and 5 feet.
one of the setbacks of a new structure shall match the
lesser front setback of the closest principal building Note 7 1) Accessory buildings may occupy forty (40%)
on that block and on that street frontage; 2) the other percent of the required area of a rear yard up to a
frontage’s setback shall be 6 feet or less. height of eighteen (18) feet above the curb level; 2) No
accessory building shall be erected or altered in any
Note 5 1) Side yard setback is allowed to be zero interior lot fronting upon only one (1) street so as to
instead of 3 feet if the closest building on the adjacent encroach upon that half of the lot depth nearest the
lot has 3 feet of setback from the common lot line; street; 3) No accessory building shall be erected or
2) The side yard setback is also allowed to be zero altered on an interior lot fronting upon two (2) streets
instead of the minimum if the closest building on the so as to encroach upon that fourth of the lot depth
adjacent lot has a zero setback from the common lot nearest either street; 4) On corner lots, no accessory
line and the new structure’s wall can be built flush with buildings shall be located within three (3) feet of its
the adjacent building’s wall; 3) No new construction rear lot line or side lot line when such line forms part
shall encroach within 3 feet of another building’s of the front half of the side line of an adjacent interior
windows or other fenestrations nor block emergency lot, or nearer any street line than the setback line to
access to those fenestrations. In cases where the side be observed by adjacent buildings, and in no case,
yard setback is to be zero, the setback area from that less than four (4) feet from the street line; 5) The
adjacent building’s fenestrations shall only extend foregoing regulations shall not prohibit any accessory
from the location of the fenestration to the rear of the building fifty (50) feet or more from any street line.
new structure; 4) No side yard shall be of a distance A private garage may be attached to an existing
between zero and 3 feet.
114
building provided the front of the garage does not Note 12 Chimneys or flues may be erected within a
extend beyond the front of the main building, and the side or rear yard, provided they do not project more than
garage shall conform to the architectural design and two (2) feet and they shall not obstruct ventilation.
construction of the main building.
Note 13 In computing the depth of a rear yard when
Note 8 Stoops may encroach into a front yard with the the rear yard opens onto a public alley, one-half (1/2) of
following dimensions: 1) Minimum depth: four feet; 2) the width of the alley may be considered to be a portion
Minimum length: ten (10) percent of building frontage; of the rear yard.
3) Maximum length: twenty-five (25) percent of building
frontage; 4) Maximum height: ninety-six inches.
Note 9 An open or lattice enclosed iron fire-escape,

fireproof outside stairway, or solid-floored balcony to a
fire tower may project not more than four (4) feet into
a rear yard, except that: 1) An open or lattice-enclosed
iron fire-escape may project not more than eight (8)
feet into a rear yard, when it does not occupy more than
twenty (20%) percent of the area of such yard; 2) The
construction of fire escapes on single-family dwellings
shall be prohibited at any street exposure. In every
district, the construction of fire escapes on single-family
dwellings shall be prohibited at any street exposure.
Note 10 The area required in a yard at any given level

shall be open from such level to the sky unobstructed,
except for the following: 1) Parapets, cornices and other
ornamental features may extend into a yard no greater
than eighteen (18) inches; 2) Window sills and belt
courses may extend into a yard no greater than four (4)
inches; 3) Bay windows with no wall section wider than
six feet may extend into a front yard no greater than
four (4) feet; 4) Upper-story balconies may extend into
a yard no greater than five (5) feet.
Note 11 A one-story open porch may project into a

required front yard for a distance not greater than eight
(8) feet.
115
40:5-4 Illustrated Bulk & Design Requirements

Single-Family House in R-1 Zone
Height Architectural elements such
as towers & cupolas may
Maximum building height break this limit but not by
is 3 stories and 35 feet. greater than 6 feet.
Minimum lot size

for subdivision is
5000 Minimum lot

width for
square feet
subdivision is
50
feet
Front Setback
For houses on through lots, the On corner lots, one setback
setback must match the smaller must match the smaller of its
Front setback must match the setback of its neighbors and a front neighbors and a front yard be
smaller setback of its neighbors. yard be provided at each street. provided at each street.
On undeveloped blocks,
setback must be 15 feet.
Side & Rear Setback
One side yard must ...and other must be Rear yard setback must
be 5 feet minimum... 10 feet minimum. be 30 feet minimum.
116
Maximum Impervious Yard Area
REAR YARD
Maximum lot A paved walkway is
coverage by permitted along one side.
building is
≤50%
40% FRONT YARD
≤30%
One driveway no wider than
10 feet permitted in front yard.
Minimum Building Transparency
FRONT
Transparent window areas on doors
counts towards this requirement.
≥30%
Example Front 1 Example Front 2
STREET–FACING
SIDE & REAR
≥20% Example Street-Facing Side 1 Example Street Facing Side 2 Example Street Facing Rear 1 Example Street Facing Rear 2
NON-STREET–FACING
SIDE & REAR
≥10% Example Non-Street-Facing Side 1 Example Non-Street-Facing Side 2 Example Non-Street Facing Rear 1 Example Non-Street Facing Rear 2
Primary street-facing façade must include

primary entrance at front setback.
Corner lots
must include two
entrances, one on
each street-facing
facade.
117
Single-family house
Height
Architectural elements such
Maximum building height as towers & cupolas may
is 3 stories and 36 feet. break this limit but not by
greater than 6 feet.
Minimum lot size

for subdivision is
2500 Minimum lot

width for
square feet
subdivision is
25
feet
Front Setback
Side & Rear Setback
Side setback is Rear yard setback must

3 feet minimum. be 30 feet minimum.
118

REAR YARD

coverage by ≤30% permitted along one side.
building is
50%
FRONT YARD
≤65%
Minimum Building Transparency 10 feet permitted in front yard.
FRONT
≥30%
STREET-FACING
SIDE & REAR
≥20%
Example Street-Facing Side 1 Example Street-Facing Side 2 Example Example
Street-Facing Rear 1 Street-Facing Rear 2
NON-STREET-FACING
SIDE & REAR
≥10% Example Non-Street-Facing Side 1 Example Non-Street-Facing Side 2 Example Example

Non-Street-Facing Rear 1 Non-Street-Facing Rear 2

Corner lots
must include two
entrances, one on
each street-facing
facade.
119
2-family house
Height
Minimum lot size

for subdivision is
2500 Minimum lot

width for
square
square feet
feet
subdivision is
25
feet
Front Setback
Side & Rear Setback
Side setback is ...or can be 0 feet if neighbor has ...or can be 0 feet if the Rear yard setback must
3 feet minimum. a side setback of 3 feet or more... neighbor has a side be 30 feet minimum.
setback of 0 feet.
Side setback must be
at least 3 feet...
120
120

REAR YARD

building is
50%
FRONT YARD
≤60%
FRONT
≥30%
STREET-FACING
SIDE & REAR
≥20%
NON-STREET-FACING
SIDE & REAR
≥10%
Example Non-Street-Facing Side 1 Example Non-Street-Facing Side 2 Example Example
Non-Street- Facing Rear 1 Non-Street- Facing Rear 2

Rear primary
entrances are
All units must prohibited
be accessible
from front or
side façade
121
3-family house
Height
Minimum lot size

for subdivision is
2500
3500 Minimum lot
width for
square
square feet
feet
subdivision is
35
feet
Front Setback
On through lots, the setback must On corner lots, one setback
match the smallest front setback of must match the smaller of
Front setback must match the any neighbor, and adjacent street its neighbors and the other
smaller setback of its neighbors. frontage must be the front yard. must be 6 feet or less.
Side & Rear Setback
setback of 0 feet.
122
122

REAR YARD

≤75% permitted along one side.
coverage by
building is
55%
FRONT YARD
≤55%
FRONT
≥30%
STREET-FACING
SIDE & REAR
≥20%
Example Street-Facing Side 1 Example Street Facing-Side 2 Example Example
NON-STREET-FACING
SIDE & REAR
≥10%

Rear primary
entrances are
be accessible
from front or
side façade
123
Townhouse
Height
Maximum building height
break this limit but not by
is 3 stories and 36 feet.
Minimum lot size

for subdivision is
2500
7000 Minimum lot
width for
square
square feet
feet
subdivision is
70
feet
Front Setback
Side & Rear Setback
setback of 0 feet.
124

REAR YARD

building is
60%
FRONT YARD
≤55%
10 feet permitted in front yard.
FRONT
≥30%
STREET-FACING
SIDE & REAR
≥20%
Example Street-Facing Side 1 Example Street-Facing Side 2 Example Street-Facing Rear 1 Example Street-Facing Rear 2
NON-STREET-FACING
SIDE & REAR
≥10%
Example Non-Street-Facing Side 1 Example Non-Street-Facing Side 2 Example Non-Street-Facing Rear 1 Example Non-Street-Facing Rear 2

Rear primary
entrances are
be accessible
from front or
side façade
125
Low-rise multifamily
Height
Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet
Front Setback
Side & Rear Setback
setback of 0 feet.
126

REAR YARD
Maximum lot
coverage by ≤30%
building is
66% FRONT YARD
≤55%
FRONT
≥50%
STREET-FACING
SIDE & REAR
≥35%
Example Example Example Street-Facing Rear 1 Example Street-Facing Rear 2
Street-Facing Side 1 Street-Facing Side 2
NON-STREET-FACING
SIDE & REAR
≥20% Example Example Example Non-Street Facing Rear 1 Example Non-Street Facing Rear 2
Non-Street-Facing Side 1 Non-Street-Facing Side 2

Rear primary
entrances are
be accessible
from front or
side façade
127
Mid-rise multifamily
Height
Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet
Front Setback
On through lots, the setback must
match the smallest front setback of
Front setback must match the On undeveloped blocks, any neighbor, and adjacent street
smaller setback of its neighbors. setback must be 6 feet. frontage must be the front yard.
Side & Rear Setback
setback of 0 feet.
128

REAR YARD
Maximum lot
coverage by ≤30%
building is
60%
FRONT YARD
≤55%
FRONT
≥50%
STREET-FACING
SIDE & REAR
≥35%
Example Street Side 1 Example Street Side 2 Example Street-Facing Rear 1 Example Street-Facing Rear 2
NON-STREET-FACING
SIDE & REAR
≥20%
Example Non-Street Side 1 Example Non-Street Side 2 Example Non-Street-Facing Rear 1 Example Non-Street-Facing Rear 2

Rear primary
entrances are
be accessible
from front or
side façade
129
High-rise multifamily
Height
An additional 1 story and 12 feet of
Maximum building height height is permitted for each additional
is 10 stories and 120 feet. 1000 square feet of lot area up to
20,000 square feet, for a maximum
height of 20 stories and 243 feet.
Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet
Front Setback
On through lots, the setback must
match the smallest front setback of
Front setback must match the On undeveloped blocks, any neighbor, and adjacent street
smaller setback of its neighbors. setback must be 6 feet. frontage must be the front yard.
Side & Rear Setback
Side setback is Rear yard setback must

10 feet minimum. be 30 feet minimum.
130

REAR YARD
Maximum lot
coverage by ≤30%
building is
60% FRONT YARD
≤55%
FRONT
≥50%
STREET-FACING
SIDE & REAR
≥35%
Example Street Side 1 Example Street Side 2 Example Street-Facing Rear 1 Example Street-Facing Rear 2
NON-STREET-FACING
SIDE & REAR
≥20%
Example Non-Street Side 1 Example Non-Street Side 2 Example Non-Street-Facing Rear 1 Example Non-Street-Facing Rear 2

Ground floor
units directly
accessible
from the street
required
131
Ground-floor commercial with commercial or residential above

Height
Maximum building height Maximum building Maximum building

in C-1, MX-1 and MX-2 is height in C-2 is 5 height in C-3 is 8
4 stories and 48 feet. stories and 60 feet. stories and 96 feet.
Minimum lot size

for subdivision is
2500
3500 Minimum lot
width for
square
square feet
feet
subdivision is
35
feet
Ground floor height must

be 14 feet minimum.
Front Setback Side Setback
Front setback must be between 0 and 5 feet. Side setback must be 0 feet.
Rear Setback
Rear setback must be 25 feet minimum Rear setback must be 20 feet minimum
if abutting residential use. if abutting non-residential use.
132

REAR YARD
Maximum lot
coverage by ≤50%
building is
80% FRONT YARD
N/A
FRONT
(ABOVE 14 FEET
IN HEIGHT)
≥50%
FRONT
(BELOW 14 FEET
IN HEIGHT) ≥65%
STREET-FACING
SIDE & REAR
≥35%
NON-STREET-FACING
SIDE & REAR
≥20%

Primary street-facing façade must

include primary entrance at front
setback. Entries to non-residential uses
must have separate primary entrances.
Buildings may
have more than
one principal
façade and/or
entry
133
Detached commercial
Height
Maximum building height in Maximum building height in C-3, I-1

MX-1 is 4 stories and 48 feet. and EWR-S is 8 stories and 96 feet.
Minimum lot size

for subdivision is
2500
5000 Minimum lot
width for
square
square feet
feet
subdivision is
50
feet
Ground floor height must
be 14 feet minimum.
Front setback must be Side setback must be 5 feet... ...or 0 feet.

between 0 and 5 feet.
Rear Setback
Rear setback must be 25 feet Rear setback must be 20 feet

134

REAR YARD
Maximum lot
coverage by ≤60%
building is
85% FRONT YARD
≤55%
FRONT
(ABOVE 14 FEET
IN HEIGHT)
≥50%
FRONT
(BELOW 14 FEET
IN HEIGHT) ≥65% Example Front 1 Example Front 2
STREET-FACING
SIDE & REAR
≥35%
NON-STREET-FACING
SIDE & REAR
≥20%
Primary street-facing façade must

include primary entrance at front
setback. Entries to non-residential uses
must have separate primary entrances.
Buildings may
have more than
one principal
façade and/or
entry
135
Industrial
Height
Maximum building height in Maximum building height in I-1, I-2, I-3,

MX-2 is 4 stories and 48 feet. and EWR-S is 8 stories and 96 feet.
Minimum lot size

for subdivision is
2500
5000 Minimum lot
width for
square
square feet
feet
subdivision is
50
feet
Front setback must match the On undeveloped blocks, Side setback must be 3 feet...
smaller setback of its neighbors. setback must be 6 feet.
Rear Setback
Rear setback must be 50 feet Rear setback must be 20 feet

136

REAR YARD
Maximum lot
coverage by ≤30%
building is
85% FRONT YARD
≤55%
FRONT
≥25%

137
University
Height
Maximum building height is

20 stories and 210 feet.
Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet
Front setback must be Side setback must be 5 feet.

Rear Setback
Rear setback must be 30 feet.
138

REAR YARD
Maximum lot
coverage by ≤30%
building is
80% FRONT YARD
≤55%

FRONT
≥50%
STREET-FACING
SIDE & REAR
≥50%
NON-STREET-FACING
SIDE & REAR
≥35%

Rear primary
entrances are
prohibited
139
Hospital or Medical Institution

Height

Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet

Rear Setback
140

REAR YARD
≤30%
FRONT YARD
≤55%

FRONT
≥50%
STREET-FACING
SIDE & REAR
≥50%
NON-STREET-FACING
SIDE & REAR
≥35%

Rear primary
entrances are
prohibited
141
Schools (elementary, middle and high schools)
Height

Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet

Rear Setback
142

REAR YARD
Maximum lot
coverage by ≤30%
building is
65% FRONT YARD
≤55%

FRONT
≥50%
STREET-FACING
SIDE & REAR
≥50%
NON-STREET-FACING
SIDE & REAR
≥35%

Rear primary
entrances are
prohibited
143
Place of Worship
Height
Minimum lot size

for subdivision is
10,000
2500 Minimum lot
width for
square
square feet
feet
subdivision is
100
feet

Rear Setback
144

REAR YARD
Maximum lot
coverage by
building is
≤20%
65% FRONT YARD
≤55%
FRONT
≥50%
STREET-FACING
SIDE & REAR
≥35%
NON-STREET-FACING
SIDE & REAR
≥20%
Example Non-Street-Facing Side 1 Example Non-Street-Facing Side 2 Example Non-Stree-Facing Rear 1 Example Non-Street-Facing Rear 2

Rear primary
entrances are
prohibited
145
Community Center, Stand-Alone Daycare or Preschool in a

Non-residential Area, and other Civic Buildings
Height

Minimum lot size is 3 stories and 35 feet.
for subdivision is
2500
5000 Minimum lot
width for
square
square feet
feet
subdivision is
50
feet

Rear Setback
146

REAR YARD
Maximum lot
coverage by
building is
≤30%
65% FRONT YARD
≤55%
FRONT
≥50%
STREET-FACING
SIDE & REAR
≥50%
NON-STREET-FACING
SIDE & REAR
≥35%

Rear primary
entrances are
prohibited
147
Chapter 6. Conditional use condition of approval that the proposed facility shall:
a. Obtain a license and comply with all applicable
standards regulations pursuant to Title VI, Animals and
Fowl, Chapter 1, Domestic Animals, Article 3,
40:6-1. Enumerated; Applications; Procedure Establishments for Dogs of the Revised General
The following are conditional use regulations and Ordinances of the City of Newark, and NJSA 4:19-
they shall be governed as provided below. Since the 15.1 et seq. A copy of all licenses shall be placed on
uses below may be inimical to the public safety and file with the Newark Office of Uniform Construction
general welfare if located without due consideration Code (UCC) prior to the issuance of a certificate of
of conditions and surroundings, no permit therefore occupancy.
shall be issued unless an application is first made b. Comply with the applicable requirements of NJAC
to the Central Planning Board, which is directed to 8:23A-1.1 et seq. Sanitary Operation of Kennels, Pet
hear the same in the same manner and under the Shops, Shelters and Pounds.
same procedures as set forth in Section 54 of the c. Provide a suitable Operation & Maintainence Plan
Municipal Land Use Law (C.40:55D-67). No application to operate the facility in a clean and sanitary manner,
for a conditional use shall be granted by the Central including daily removal of waste and odor and pest
Planning Board if in its judgment such use will be control.
detrimental to the health, safety and general welfare of d. Obtain licenses as a Commercial Pesticide
the community. Applicator from the State of New Jersey Department
of Environmental Protection (NJDEP) pursuant to
40:6-2. Standards for conditional uses NJAC 7:30-1.1 et seq. if the facility engages in the
use of pesticides to control pests including but not
40:6-2-1. Animal Boarding or Kennel, Pound or limited to fleas, ticks, or mites.
Shelter.
1. Location. Outdoor facilities: 40:6-2-2. Animal Crematorium
a. Shall be located a minimum of two hundred (200) 1. Location. No animal crematorium shall be permitted
feet from any residential use. within one thousand (1,000) feet of a residential use.
b. Shall not be located in areas used for required
parking. 2. Condition of Approval. The applicant shall agree as a
d. Shall be located in a side or rear yard but shall not condition of approval that the proposed facility shall:
encroach into any required setbacks of the zone in a. Be associated with a veterinarian licensed in the
which it is located. state of New Jersey.
b. Screen from public view through fencing,
2. Buffers and Fences. Outdoor facilities shall be landscaping or buildings, all activity relating to the
enclosed within a fence meeting the following deceased animals, including delivery and storage of
requirements: the corpse.
a. The fence shall be a minimum of four (4) feet and d. Not store deceased animals outside the facility.
a maximum of six (6) feet in height. e. Limit the storage of deceased animals to no more
b. The fence shall be opaque and shall be comprised than forty-eight (48) hours.
of wood stockade, PVC vinyl or similar material. f. Place solid waste associated with the animal
c. The fence shall not be made of chain link. crematorium on an impervious area and store in a
covered container within the building.
3. Noise. Applicants for such uses shall demonstrate g. Shall restrict activities to the preparation and
compliance with all New Jersey Department of cremation of small animals only. No animals that
Environmental Protection (NJDEP) State Noise were used for research or were not considered a pet
Control Regulations (NJAC 7:29). The approving will be allowed.
board may require additional information and studies
as necessary to demonstrate compliance with these 40:6-2-3. Animal Daycare, Animal Grooming
standards. 1. Noise. Applicants for such uses shall demonstrate
compliance with all New Jersey Department of
4. Condition of Approval. The applicant shall agree as a Environmental Protection (NJDEP) State Noise
148
Chapter 6. Conditional Use Standards
Control Regulations (NJAC 7:29). The approving 2. Bulk/Building Requirements. Such facilities shall
board may require additional information and studies meet the dimensional requirements according to their
as necessary to demonstrate compliance with these respective zoning districts. If such facility is located
standards. in a R-4 zone, then it shall follow the size and design
of buildings permitted in R-4 zones. If such facility is
2. Condition of Approval. The applicant shall agree as located in a R-5 zone, it shall follow the dimensional
a condition of approval that the proposed facility shall requirements permitted in R-5 zones. If such facility is
adhere to the following: located in a R-6 zone, it shall follow the dimensional
a. Provide a suitable Operation & Maintainence Plan requirements permitted in R-6 zones.
to operate the facility in a clean and sanitary manner,
including daily removal of waste and odor and pest 3. Buffers and Fences. A buffer shall be provided in
control. accordance with Section 40:16-5 and Section 40:16-3
b. Obtain licenses as a Commercial Pesticide of the Newark Zoning and Land Use Regulations.
Applicator from the State of New Jersey Department
of Environmental Protection (NJDEP) pursuant to 4. Condition of Approval. The applicant shall agree as
NJAC 7:30-1.1 et seq. if the facility engages in the a condition of approval that the proposed facility shall:
use of pesticides to control pests including but not a. Obtain a certificate of need pursuant to NJAC
limited to fleas, ticks or mites. 8:33H-1.1 et seq. and maintain and operate the facility
in accordance with the regulations therein;
40:6-2-4. Artist Live/Work Studio (Nuisance b. Obtain all required licenses from the appropriate
Producing) City, State and Federal agencies which regulate
1. Location. No live/work studio shall be situated on a assisted living facilities and nursing homes.
higher floor than a non-live/work residential unit. c. A copy of all licenses and certificates shall be
placed on file with the Newark Office of Uniform
2. Bulk/Building Requirements. Construction Code (UCC) prior to the issuance of a
a. The minimum average unit size for both living and certificate of occupancy.
work space shall not be less than nine hundred (900)
square feet. 40:6-2-6. Automobile Car Washes
b. Not more than fifty percent of the floor area of 1. Bulk/Building Requirements. A car wash shall be
each live/work unit shall be devoted to living areas. completely enclosed for all operations in a building
which meets the dimensions of the underlying zoning.
3. All odors & noise generated must be contained Final hand drying operations are permitted to take
within the individual live/work unit. place in an unenclosed area.
4. Condition of Approval. The applicant shall agree as 2. Buffers and Fences. A car wash shall comply with
a condition of approval that the proposed studio shall the following requirements for buffers and fences:
comply with all applicable municipal, County, State and a. A fence of five (5) feet maximum shall be provided
Federal safety and environmental regulations. along all property boundary lines except along public
street frontages.
5. Additional Requirements. A list of hazardous b. Adjacent to residential uses, a buffer shall be
materials to be utilized in the live/work studio area provided in accordance with Section 40:16-3 of the
shall be submitted to the approving board at the time Newark Zoning and Land Use Regulations.
of application. Such list shall be made available to any
other tenants of the building upon their request. 3. Outdoor Storage. A car wash shall comply with the
following outdoor storage requirements:
40:6-2-5. Assisted Living Facilities & Nursing a. Outdoor storage and display of accessories,
Homes portable signs and outdoor repair work shall be
1. Location. Assisted living facilities and nursing homes prohibited at all times. Premises shall not be used
shall be located on a collector or arterial street. for the sale, rental or display of automobiles, trailers,
mobile homes, boats or other vehicles.
149
b. Not more than five (5) vehicles shall be stored a. Storage areas for vehicles waiting for repair shall
outdoors overnight. be provided on the site and shall not occur in the
c. Outdoor storage areas shall not be permitted in public right-of-way.
any required yard. b. All dismantled vehicles, equipment and parts and
accessories thereof shall be stored within a building
4. On-Site Circulation. A car wash shall comply with or behind a solid screen fence no less than six (6)
the following on-site circulation requirements: feet high.
a. Stacking spaces. The number of required on- c. Outdoor storage areas shall not be permitted in
site stacking spaces shall be a minimum of ten any required yard.
(10) spaces if the conveyor line is one hundred and
twenty (120) feet or less in length. Such spaces shall 5. On-Site Circulation. An automobile paint and
be increased by one (1) space for each additional autobody repair establishment shall comply with the
ten (10) feet or part thereof that the conveyor line following on-site circulation requirements:
exceeds one hundred and twenty (120) feet. a. There shall be sufficient area on site for all vehicle
b. The building exit for vehicles that have completed maneuvering and repositioning of inventory.
the washing process shall be at least fifty (50) feet b. No vehicles shall stand or be parked in the public
distant from the nearest point of the public sidewalk right-of-way.
of the adjacent street. c. Driveways are limited to one (1) driveway per street
c. Driveways are limited to one (1) driveway per street frontage per one hundred (100) linear feet of street
frontage per one hundred (100) linear feet of street frontage and the maximum width of each driveway is
frontage and the maximum width of each driveway is twenty-four (24) feet.
twenty-four (24) feet. d. Driveways shall be at least ten (10) feet from any
d. Driveways shall be at least ten (10) feet from any side lot line and fifty (50) feet from the intersection
side lot line and fifty (50) feet from the intersection of street lines.
of street lines.
e. Car stacking and drying in the public right-of-way 6. Odor Control. No odors should be noticeable past
is prohibited. the property line.
40:6-2-7. Automobile Paint & Body Repair 40:6-2-8. Automobile Rental

1. Location. Spray booths are not permitted at any 1. Buffers and Fences. An automobile rental
facility located within one thousand (1000) feet of a establishment shall comply with the following
property used for residential use. requirements for buffers and fences:
a. A fence of five (5) feet maximum shall be provided
2. Bulk/Building Requirements. An automobile paint along all property boundary lines except along public
and autobody repair establishment shall be completely street frontages.
enclosed for all operations in a building which meets b. Adjacent to residential uses, a buffer shall be
the dimensions of the underlying zoning. provided in accordance with Section 40:16-3 of the
Newark Zoning and Land Use Regulations.
3. Buffers and Fences. An automobile paint and
autobody repair establishment shall comply with the 2. Outdoor Storage. An automobile rental
following requirements for buffers and fences: establishment shall comply with the following outdoor
a. A fence of five (5) feet maximum shall be provided storage requirements:
along all property boundary lines except along public a. Vehicles which are stored on-site shall not be
street frontages. stacked in rows of more than two vehicles head-to-
b. Adjacent to residential uses, a buffer shall be head without the provision of driveway aisles.
provided in accordance with Section 40:4-12 of the b. Outdoor storage areas shall not be permitted in
Newark Zoning and Land Use Regulations. any required yard.
4. Outdoor Storage. An automobile paint and autobody 3. On-Site Circulation. An automobile rental
repair establishment shall comply with the following establishment shall comply with the following on-site
outdoor storage requirements: circulation requirements:
150
a. Adequate access and egress with appropriate frontage per one hundred (100) linear feet of street
turning radii to the site shall be provided as well frontage and the maximum width of each driveway is
as adequate queuing and turnaround space on the twenty-four (24) feet.
site so that at no time is street traffic disrupted or b. Driveways shall be at least ten (10) feet from any
blocked by vehicles entering or leaving the site, or side lot line and fifty (50) feet from the intersection
maneuvering to park on the site. of street lines.
b. No vehicles shall stand or be parked in the public c. There shall be sufficient area on site for all vehicle
right-of-way. maneuvering.
c. Driveways are limited to one (1) driveway per street d. Cars shall not be maneuvered or repositioned in
frontage per one hundred (100) linear feet of street the public right-of-way.
frontage and the maximum width of each driveway is
twenty-four (24) feet. 40:6-2-10. Automobile Sales
d. Driveways shall be at least ten (10) feet from any 1. Bulk/Building Requirements. All such
side lot line and fifty (50) feet from the intersection establishments shall have a fully enclosed sales
of street lines. building which meets the dimensions of the underlying
zoning with a showroom area accommodating at least
40:6-2-9. Automobile Repair & Tire Repair three (3) automobiles. Vehicle service or repair may
1. Bulk/Building Requirements. An automobile repair be performed as an accessory use, but only within a
shop shall be completely enclosed for all operations totally enclosed building.
in a building which meets the dimensions of the
underlying zoning. 2. Buffers and Fences. An automobile sales
establishment shall comply with the following
2. Buffers and Fences. An automobile repair shop shall requirements for buffers and fences:
comply with the following requirements for buffers and a. A fence of five (5) feet maximum shall be provided
fences: along all property boundary lines except along public
a. A fence of five (5) feet maximum shall be provided street frontages.
along all property boundary lines except along public b. Adjacent to residential uses, a buffer shall be
street frontages. provided in accordance with Section 40:16-3 of the
b. Adjacent to residential uses, a buffer shall be Newark Zoning and Land Use Regulations.
provided in accordance with Section 40:16-3 of the
Newark Zoning and Land Use Regulations. 3. Outdoor Storage. An automobile sales establishment
shall comply with the following requirements for
3. Outdoor Storage. An automobile repair shop shall outdoor storage:
comply with the following requirements for outdoor a. All outdoor display and service areas, including
storage: driveways and parking facilities, shall be paved.
a. Storage areas for vehicles waiting for repair shall b. Motor vehicles and equipment shall be kept at
be provided on the site and shall not occur in the least fifteen (15) feet from the right-of-way and
public right-of-way. property lines.
b. All dismantled vehicles, equipment and parts and
accessories thereof shall be stored within a building 4. On-Site Circulation. An automobile sales
or behind a solid screen fence no less than six (6) establishment shall comply with the following
feet high. Such fence shall be least fifteen (15) feet requirements for on-site circulation:
from the right-of-way and property. a. There shall be sufficient area on site for all vehicle
c. Outdoor storage areas shall not be permitted in maneuvering and repositioning of inventory. No
any required yard. vehicles shall stand or be parked in the public right-
of-way. All vehicle service must be performed on-
4. On-site Circulation. An automobile repair shop shall site.
comply with the following requirements for on-site b. Driveways are limited to one (1) driveway per street
circulation: frontage per one hundred (100) linear feet of street
a. Driveways are limited to one (1) driveway per street frontage and the maximum width of each driveway is
151
twenty-four (24) feet. Office of Uniform Construction Code (UCC) prior to

c. Driveways shall be at least ten (10) feet from any the issuance of a certificate of occupancy.
side lot line and fifty (50) feet from the intersection
of street lines. b. Comply with all the requirements for plenary
retail consumption licensees including restrictions
40:6-2-11. Automobile Service Station on hours and days of operation in accordance with
See Section 40:6-2-24. Gasoline Stations. Title IV Alcoholic Beverages of the Revised General
Ordinances of the City of Newark, NJAC 13:2-1.1 et
40:6-2-12. Bars, Taverns & Lounges seq. and NJSA 33:1-1 et seq.
1. Location. A bar, tavern or lounge shall be located on
a collector or arterial street. 40:6-2-13. Billboards
1. Location. A billboard facility shall comply with the
2. Bulk/Building Requirements. A bar, tavern, or following locational requirements:
lounge shall comply with the following bulk/building a. No such billboard facility can be erected such that
requirements: any part of the structure is in or is positioned to be
a. Such uses shall be required to provide vestibules within the direct line of sight from any school, park,
at all entrances and exits used by patrons for other historic district, historic structure, residentially zoned
than emergency egress to minimize noise emanating district, or any portion of the City of Newark within
from such an establishment. the area bordered by Interstate 280 at the north, Dr.
Martin Luther King, Jr. Blvd. at the west, East and
b. Such uses shall provide adequate ventilation within West Kinney Streets at the south, the Northeast
the building such that doors and/or windows are Corridor Railroad right-of-way and the Passaic River
not left open for such purposes resulting in noise at the east.
emission from the building.
b. No such billboard facility can be erected within
c. Such uses shall not have any outdoor public one thousand (1,000) feet (measured in a straight
address or music system. line) of the border with any facility or district listed
above.
d. Such use shall comply with the minimum distance
requirements, and requirements for floor space and c. No billboard shall be located closer than one
toilets as provided for a plenary retail consumption thousand (1,000) feet (measured in a straight line)
licensee in Title IV Alcoholic Beverages of the from another such billboard.
Revised General Ordinances of the City of Newark.
2. Bulk/Design Requirements. A billboard facility shall
3. Noise. Applicants for such uses shall demonstrate comply with the following bulk/design requirements:
compliance with all New Jersey Department of a. No such billboard facility shall exceed a height of
Environmental Protection (NJDEP) State Noise forty (40) feet from grade at its highest point for a
Control Regulations (NJAC 7:29). The approving freestanding unit or unit mounted on a building wall.
board may require additional information and studies Any billboard mounted on a building rooftop may not
as necessary to demonstrate compliance with these project more than twenty (20) feet above the height
standards. of the building’s roof.
4. Condition of Approval. The applicant shall agree as a b. No such billboard facility shall be allowed to
condition of approval that the proposed establishment obscure or cover any building’s windows, doorways,
shall: architectural trim, nor shall it be located within five
a. Obtain a plenary retail consumption license from (5) feet of such a building feature.
the Newark Board of Alcoholic Beverage Control in
accordance with Title IV Alcoholic Beverages of the c. The maximum permitted advertising area showing
Revised General Ordinances of the City of Newark, in one general direction (within forty-five (45)
NJAC 13:2-1.1 et seq. and NJSA 33:1-1 et seq. A copy degrees) shall not exceed six hundred fifty (650)
of all licenses shall be placed on file with the Newark square feet for a single billboard or combination of
billboards.
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3. Landscaping. A billboard facility shall comply with for which structural changes are made must comply
the following landscaping requirements: with all standards and conditions in this statute or
a. No trees or other landscaping features can be the billboard must be removed. The only exception to
removed or substantially reduced in size in any way the preceding sentence applies to billboards within
to accommodate the visibility of the billboard. jurisdiction of the Federal Highway Beautification Act
(23 USC 131), in which case removal may be required
b. Visual impact on the surrounding areas shall be by State and/or Federal transportation authorities.
minimized through the use of landscaping, berming,
and grading at the base of the unit. Dense all-season 40:6-2-14. Body Art Studios
or evergreen landscaping shall be installed at the 1. Bulk/Building Requirements. A body art studio shall
base of any freestanding billboard structure, and comply with the following bulk/building requirements:
digital billboards are prohibited. a. Waiting areas required pursuant to N.J.A.C 8:27-1
et seq. New Jersey State Sanitary Code Chapter VIII
4. Submission Requirements. Any application for Body Art Procedures shall be at least 80 square feet
conditional use review for a billboard must include the in size and have seating for customers.
same information as would be required for a site plan
review to be deemed complete. b. Body art studios shall not display services in
progress visible from the public right-of-way.
5. Condition of Approval. A billboard facility shall 2. Condition of Approval. The applicant shall agree as a
comply with the following requirements: condition of approval that the proposed establishment
a. The billboard operator or owner shall comply with shall comply with all regulations pursuant to N.J.A.C
the Roadside Sign Control and Outdoor Advertising 8:27-1 et seq. New Jersey State Sanitary Code Chapter
Act as contained in NJSA 27:5-5 et seq. as well as VIII Body Art Procedures, including approval from the
all other regulations, statutes, or laws relating to local health authority; regulations pertaining to physical
billboards. plant and environment; and compliance with all other
applicable City and State regulations.
b. Condition of Approval. All billboards in the City
of Newark must be properly maintained for safety 40:6-2-15. Child Care Centers (“Day Care
and aesthetic value. Any billboard facility that has Centers”)
signs of disrepair including, but not limited to, 1. Bulk/Building Requirements. A child care center
graffiti, rust, peeling paint, rotten wood, broken shall comply with the following bulk/building
supports or boards, or other signs of disrepair for requirements:
a period of more than thirty (30) days is not being a. A standalone child care center located in a
properly maintained and is defined to be abandoned. residential zone shall conform to the same bulk and
Any billboard that is not in use for more than one area requirements of the zone in which it is located.
hundred twenty (120) days is also defined to be Refer to Chapter 5 for the specific building bulk and
abandoned. Any abandoned billboard facility loses design requirements for each zone.
its preexisting nonconforming status and must
be removed by its owner or operator. The only b. A standalone child care center in a non-
exception to the preceding sentence applies to residential zone shall conform to the bulk and area
billboards within jurisdiction of the Federal Highway requirements of the zone in which it is located.
Beautification Act (23 USC 131) in which case
removal may be required by State and/or Federal 2. On-site Circulation. All such facilities shall provide
transportation authorities. either one of the following:
a. Off-street parking spaces reserved for parents
c. All billboard operators are required to comply with walking their children into and out of the child care
all other ordinances and regulations that pertain to facility, sufficient to accommodate the drop-off or
billboard licenser placement and operations. pick-up at peak times of use; or
6. Additional Requirements. Any existing billboard b. A safe pickup and delivery area separate from
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the off-street parking area and access driveway so b. Outdoor storage areas shall not be permitted in
students leaving vehicles have access to a sidewalk any required yard.
leading into the school without the child having to
cross a street, parking lot, loading area, driveway or 4. On-Site Circulation. A commercial, industrial truck
aisle. The safe pick-up/drop-off shall not be located and bus service shall comply with the following on-site
between the front yard and the public street. circulation requirements:
a. Stacking spaces. The number of required on-
3. Condition of Approval. The applicant shall agree as a site stacking spaces shall be a minimum of three
condition of approval: (3) spaces per bay. Stacking spaces shall have a
a. To obtain a license pursuant to N.J.S.A 30:5B-1 et minimum width of ten (10) feet and a minimum length
seq. Child Care Center Licensing Act, and Chapter of forty-five (45) feet. Stacking or storage shall be
122 Manual of Requirements for Child Care Centers prohibited in the public right-of-way.
(NJAC 10:122-1.1 et seq.). A copy of all licenses shall
be placed on file with the Newark Office of Uniform c. Driveways are limited to one (1) driveway per street
Construction Code (UCC) prior to the issuance of a frontage per one hundred (100) linear feet of street
certificate of occupancy. frontage and the maximum width of each driveway
is thirty-five (35) feet for a two-way driveway and
b. To comply with applicable facility requirements twenty (20) feet for a one-way driveway. Two (2)
pursuant to N.J.S.A 30:5B-1 et seq. Child Care driveways may be approved if they are each to be
Center Licensing Act, and Chapter 122 Manual of one-way.
Requirements for Child Care Centers (NJAC 10:122-
1.1 et seq.) and applicable provisions of City and State d. Driveways shall be at least ten (10) feet from any
health and construction codes. side lot line and fifty (50) feet from the intersection
of street lines.
40:6-2-16. Commercial, Industrial Truck & Bus
Services e. Sufficient area must be provided on-site for all
1. Bulk/Building Requirements. A commercial, industrial vehicle maneuvering and repositioning. Vehicle
truck and bus service shall be completely enclosed for manueving and resposition is prohibited in the public
all operations in a building which meets the dimensions right-of-way.
of the underlying zoning. Final hand drying operations
are permitted to take place in an unenclosed area. 40:6-2-17. Commercial, Industrial Truck & Bus
Wash
2. Buffers and Fences. A commercial, industrial 1. Bulk/Building Requirements. A commercial, industrial
truck and bus service shall comply with the following truck and bus wash shall be completely enclosed for
requirements for buffers and fences: all operations in a building which meets the dimensions
a. A fence of five (5) feet maximum shall be provided of the underlying zoning. Final hand drying operations
along all property boundary lines except along public are permitted to take place in an unenclosed area.
street frontages. Fences not exceeding eight (8) feet
may be provided. 2. Buffers and Fences. A commercial, industrial
truck and bus wash shall comply with the following
b. Adjacent to residential uses, a buffer shall be requirements for buffers and fences:
provided in accordance with Section 40:16-3 of the a. A fence of five (5) feet maximum shall be provided
Newark Zoning and Land Use Regulations. along all property boundary lines except along public
street frontages. Fences not exceeding eight (8) feet
3. Outdoor Storage. A commercial, industrial truck and may be provided.
bus service shall comply with the following outdoor
storage requirements: b. Adjacent to residential uses, a buffer shall be
a. Outdoor storage and display of accessories, provided in accordance with Section 40:16-3 of the
portable signs and outdoor repair work shall be Newark Zoning and Land Use Regulations.
prohibited at all times.
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3. Outdoor Storage. A commercial, industrial truck installation of a commercial antenna except upon
and bus wash shall comply with the following outdoor site plan approval.
storage requirements:
a. Outdoor storage and display of accessories, b. The antenna project design is required to be
portable signs and outdoor repair work shall be structurally sound. The antenna project is to be
prohibited at all times. Premises shall not be used certified to not create any hazard to the general
for the sale, rental or display of automobiles, trailers, public and any inhabitants or occupants of the site in
mobile homes, boats or other vehicles. question or any sites in the vicinity thereof.
b. Not more than five (5) vehicles shall be stored c. The antenna project including mountings,
outdoors overnight. wiring, and equipment placed on structures other
than buildings shall be camouflaged in the most
c. Outdoor storage areas shall not be permitted in concealing manner possible and hidden from public
any required yard. view. This includes mountings on billboards or other
existing non-building structures.
4. On-Site Circulation. A commercial, industrial truck
and bus wash shall comply with the following on-site d. Any antenna installation on a structure that is or
circulation requirements: was constructed exclusively for the mounting of
a. Stacking spaces. The number of required on- antennas, such as a tower, shall meet the following
site stacking spaces shall be a minimum of three requirements for the antennas and the structure:
(3) spaces per bay. Stacking spaces shall have a
minimum width of ten (10) feet and a minimum length i. The structure shall not exceed a height of one
of forty-five (45) feet. Stacking shall be prohibited in hundred (100) feet unless it can be demonstrated
the public right-of-way. by the applicant, to the satisfaction of the
reviewing board, that a higher height is necessary
b. The building exit for vehicles that have completed for the proposed installation of the antenna(s) to
the washing process shall be at least fifty (50) feet satisfactorily operate and is necessary for the co-
distant from the nearest point of the public sidewalk location of at least three (3) other carriers on the
of the adjacent street. tower.
c. Driveways are limited to one (1) driveway per street ii. The structure and site must be at least five
frontage per one hundred (100) linear feet of street hundred (500) feet from any residential district
frontage and the maximum width of each driveway boundary; a school; a Historic District; a public
is thirty-five (35) feet for a two-way driveway and park; or a place of worship. Such structure must
twenty (20) feet for a one-way driveway. Two (2) also be out of view from any Historic District or
driveways may be approved if they are each to be landmark.
one-way.
iii. All electronic equipment for such antennas shall
d. Driveways shall be at least ten (10) feet from any be kept inside a structure on the same site as the
side lot line and fifty (50) feet from the intersection antenna structure. This housing structure shall be
of street lines. less than fifteen (15) feet tall and be clad in wood
siding, brick, or other appropriate material.
e. Sufficient area must be provided on-site for all
vehicle maneuvering and repositioning. Vehicle iv. The site must be landscaped with densely
manueving and resposition is prohibited in the public planted, mature evergreens that are a minimum
right-of-way. of fifteen (15) feet tall to screen all structures
including equipment storage buildings and tower
40:6-2-18. Commercial Antennas & Microwave bases, to the greatest extent possible, from public
Dishes view and fenced by means of a concealing fence
1. General Standards constructed of a long-lasting material, such as
a. No permit shall be issued for the erection or
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PVC pickets, brick wall, or board and batten edge of the part of the building upon which they
panels; and the equipment housing structure shall are being mounted; the antennas and poles must
have less than three hundred and sixty (360) be mounted on a flat surface; and the mountings
square feet of floor area per telecommunications cannot be more than twelve (12) feet tall measured
operator. Chain link fencing of any form even with from the edge of the surface upon which they are
privacy slats shall not ever be used. being mounted.
v. Structures for elevating antennas above ground iii. Wall mounted antennas cannot project
level, as well as the antenna units, wiring, mounting horizontally beyond the wall upon which they are
devices, and accompanying hardware shall be being mounted by more than one and one-half
designed to blend with the surrounding area’s (1.5) feet and they cannot project beyond the site’s
architecture, environment, and landscaping through property line.
the use of structure coloring and camouflaging
to disguise the antenna for the public’s aesthetic iv. All antenna units and accompanying
benefit. Appropriate camouflage could include infrastructure must be painted to match any
designing the tower to resemble a tree, church vertical surface upon which they are being
steeple, or other like structure. mounted. Pole mounted units shall be painted
light blue. A color sample (six (6) copies) shall
vi. The structure shall not have any lighting or be provided as part of the application. The exact
signage other than safety warnings and lighting color must be approved by the Central Planning
that would be required by the FAA. In such Board. The applicant must maintain the painting
case, strobe lighting shall never be used unless and pigmentation for the duration of the antenna’s
specifically required by the FAA. existence, and the antenna units must be removed
if the appearance of the units is not properly
vii. The applicant shall be responsible for all maintained.
maintenance of its antennas additional hardware,
accompanying landscaping, camouflage, paint, v. Antennas must be spaced and positioned on
cables, cable trays, conduits, and mounting the building in such a way as not to interfere with
hardware. that wall’s architectural design or its decorative
features. Antennas must be mounted in such
e. Any antennas proposed to be mounted on an a way that they are evenly spaced along the
existing building or structure not initially constructed building’s wall and they are evenly spaced
for the mounting of antennas shall meet the from corners or other building features such
following requirements: as windows, brackets or decorative panels. The
reviewing board may determine that the antennas
i. Antennas may only be mounted on a building are being spaced in a pattern that does not disrupt
that is taller than fifty-five (55) feet, and they may any repetitive patterns of any wall or parapet’s
only be mounted on the part of the building that is decorative bracketing, paneling, or window
higher than forty-five (45) feet above grade. placement. All applicants must submit detailed
façade drawings and photographs of all building
ii. No antenna shall be mounted higher than the views being affected by the antenna installation.
building parapet, stair or elevator shaft/penthouse, Microunits no larger than 2 inches in diameter may
chimney, smokestack or other part of the structure be placed above the parapet.
upon which it is being mounted. The only
exception to this shall apply when the applicant vi. All wiring and/or cable tray devices must be
can provide evidence to the Central Planning positioned in such a way as not to be visible to
Board that appropriate broadcasting and reception the public. The applicant may use external wiring
service is not possible without a higher mounting only if it can provide evidence that wiring through
configuration such as a mounting on poles or the building is not possible for structural reasons.
posts. In such cases, the antenna units must be If external wiring is to be used, it can only be
set back at least eight (8) feet from the exterior mounted on outside walls that are not visible from
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any public street, park, or plaza. Such wiring and/ building within the C-3 or the I-2 or I-3 zones.
or wire trays must be painted to match the wall
surface upon which they are being mounted, and it iii. The third priority location shall be an existing
must be mounted at an area so as not to interfere building within the MX-1, MX-2, C-2, or I-1 zones.
with the architectural features of the building. In
the instance that the building upon which antenna iv. The fourth priority location shall be a new tower
mounting being proposed does not have any wall in the I-2 or I-3 zones.
area that is not visible from a public street, park, or
plaza, wiring must be mounted on the wall that is g. The review board may deny or limit approval of
visible from the street with the least vehicular and a commercial antenna if it reasonably concludes
pedestrian traffic. that the number, location, size and elevations of the
radiating elements are not required for the proposed
vii. All equipment must be kept inside the building operation under FCC license, are intended for
where the antenna project is proposed to be rental, lease or sale to other persons for unrelated
conducted. If this is not possible, the applicant operations, fails to meet FCC regulations, fails
must present reasoning for this, and the equipment to meet any of the above-mentioned criteria, or
must then be placed inside a structure to be generally impairs the visual environment.
placed on a flat part of the building’s roof. The
equipment structure must be no taller than fifteen h. Approval of a commercial antenna may be granted
(15) feet, set back at least four (4) feet from all upon finding, after a review of the plot plan and all
front or side edges of the roof or any other roof accompanying documents, that:
edge that fronts directly on a public street, built
of an exterior construction material with the same i. There is an existing gap in service that can only
appearance as the exterior walls of the building, be closed by the installation of a new or additional
and it must have no more than three hundred and antenna; and
sixty (360) square feet of floor area. If equipment
were to be placed outside the building or off the ii. That the gap in service cannot be closed by
roof, it shall be screened and enclosed according locating an antenna in one of the permitted
to Section 40:4-8e,1(e)(3) of this Chapter. locations.
f. Approval of a commercial antenna may be 2. Submission requirements for all antenna projects
granted by the reviewing board upon finding, after whether expressly permitted or only permitted by
a review of all submitted documents, that there is conditional use approval. All information required in
an existing gap in service that can only be closed this paragraph shall be provided to the reviewing board
by the installation of a new or additional antenna staff in advance of any review hearing and shall be
project. The applicant shall provide its plan for required to determine an application to be complete.
communications coverage in the City of Newark.
The applicant shall further provide a statement a. The applicant must provide six (6) sets of
to explain how this application shall address any photographic simulations of the site showing all
needs identified by that plan and explain why the publicly accessible views of the site as it would
applicant’s proposal is the best possible method to appear with the proposed antennas, cable trays,
address those needs. The applicant shall make every cables, mounting devices, electronic equipment, and
attempt to use the highest priority site, as listed accompanying structures and hardware installed.
as follows, in order from highest priority to lowest
priority. b. The applicant must provide six (6) copies of a
block diagram showing all streets and buildings
i. The first priority location shall be co-location on along with their land uses within five-hundred (500)
an existing wireless telecommunication tower or feet of each antenna. These must include the
other similar existing structure in I-2 or I-3 zones. heights of all structures within this distance.
ii. The second priority location shall be an existing c. The applicant shall provide a certified statement
157
from a licensed New Jersey professional engineer bond including the cost to stablize or landscape the
indicating the projected effective radiated power of vacancy.
all transmitted signals, and the probable radiation
pattern with an analysis of any potential of reception 40:6-2-19. Community Centers
interference by electronic receiving devices. This 1. Location. A community center shall be located on a
statement must attest to the project and facility’s collector or arterial street.
compliance with all Federal and State requirements
for human or animal exposure to radio frequency 2. Buffers and Fencing. Where the community center
emissions. is in or abuts any residential use or zoned property,
the community center, a buffer shall be provided in
d. The applicant must submit six (6) sets of signed accordance with Section 40:16-3 and Section 40:16-5
and sealed surveys and plot plans, which shall of the Newark Zoning and Land Use Regulations.
include appropriate engineering and architectural
drawings indicating the number, location, size, and 3. Noise. Applicants for such uses shall demonstrate
height (with elevations) of all radiating elements and compliance with all New Jersey Department of
corresponding hardware as they are intended to Environmental Protection (NJDEP) State Noise
be mounted on the site and/or building. Drawings Control Regulations (NJAC 7:29). The approving
shall also provide detailed depictions of all building board may require additional information and studies
features, landscaping, and all other property as necessary to demonstrate compliance with these
elements affected by the application. The drawings standards.
shall also include all views/elevations of the
structure upon which the antenna is to be mounted. 4. Additional Requirements. On-site exterior areas
designated for active recreational use shall comply
e. The applicant shall provide a statement from a with the following additional requirements:
licensed New Jersey professional engineer certifying a. The recreational area shall be surrounded by a
to the structural integrity of all mounting hardware. fence of minimum five (5) feet and maximum six (6)
feet in height.
f. The applicant may be required to submit a fee in b. Any lighting of the recreational area shall comply
escrow to cover the cost of an independent review with the standards of Section 40:16-6 of Newark
of any engineering claims made by the applicant. Zoning and Land Use Regulations.
c. Recreational areas located in residential zones
3. Removal. shall not have any loudspeaker or amplified sound.
a. The applicant shall agree to remove any antenna d. Building facades shall achieve the following levels
units and accompanying infrastructure if all or of transparency:
part of any such installation becomes obsolete, is Primary front facade: 50%
unrepaired for an unreasonable period or ceases Street-facing Side & Rear Facades: 50%
to be used for its intended purpose for twelve Non-Street-Facing Facades: 35% or the
consecutive months. maximum allowed by constrution code,
b. The Planning Board or Zoning Board of whichever is greater.
Adjustment may, at its sole discretion, require the
applicant to provide a demolition bond to the City of 40:6-2-20. Drive-Through Facilities
Newark for the purpose of assuring the removal of 1. Bulk/Building Requirements. A drive-through shall
any antenna units and accompanying infrastructure comply with the following bulk/building requirements:
in accordance with the provisions of this Section. a. Drive-through may be an accessory use to a
c. The applicant will be responsible for providing principal bank, pharmacy, or take-out restaurant.
written estimates to the City of Newark for the cost b. Drive-through service windows shall only be
to demolish and/or remove any antenna units and located on the side or in the rear of properties which
accompanying infrastructure. Such estimates will are internal to the block.
be used to establish whether any adjustment is c. Audible electronic devices such as loudspeakers,
required in the amount of the required demolition automobile service order devices, and similar
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instruments shall not be located within 50 feet. of 4. Additional Requirements. Each facility shall
any residential use or zoned property line. implement adequate security and supervision
measures to address the needs of the center’s clients
2. Buffers and Fences. Adjacent to residential uses, as well as adjacent neighbors. Prior to approval of the
a buffer shall be provided in accordance with Section conditional use, the operator of the center shall provide
40:16-3 and Section 40:16-5 of the Newark Zoning and to the approving board a security plan describing
Land Use Regulations. special supervision to be provided for clients, as
well as protection to be provided to the surrounding
3. On-Site Circulation. A drive-through shall comply community.
with the following requirements for onsite circulation:
a. No service shall be rendered, deliveries made, or 40:6-2-23. Exterminator & Pesticide Application
sales conducted within the front yard. Customers Business
served in vehicles shall be stopped to the side or 1. Condition of Approval. The applicant shall agree as a
rear of the drive-through. condition of approval:
b. All areas associated with the drive-through, a. Obtain a license from the New Jersey Department
including but not limited to menu boards, stacking of Environmental Protection pursuant to NJAC 7:30-
lanes, trash receptacles, loudspeakers, drive up 1.1 et seq., the Pesticide Control Code. A copy of
windows, and other objects, shall be located in the all licenses shall be placed on file with the Newark
side or rear yard of a property to the maximum Office of Uniform Construction Code (UCC) prior to
extent feasible. the issuance of a certificate of occupancy.
c. Stacking Lanes. Adequate stacking lanes shall b. Comply with all rules and regulations pursuant to
be provided for any use having a drive-through NJAC 7:30-1.1 et seq., the Pesticide Control Code.
establishment and shall have a minimum width of ten c. All storage shall be located internal to a building.
(10) feet. Stacking is prohibited in the public right-of-
way. 40:6-2-24. Funeral Home & Mortuaries
1. Location. A funeral home or mortuary shall be
40:6-2-21. Dry Cleaning and Laundry located on a collector or arterial street.
Establishment
1. Any dry cleaning establishment that uses PERC or 2. Bulk/Building Requirements. A funeral home or
Hydrocarbon shall not be located in the same structure mortuary shall comply with the following bulk/building
as residential units. requirements:
a. The structure shall be designed so that
2. All dry cleaning establishments and plants must transporting of human bodies or remains into the
meet State and Federal regulations for the handling, facility shall be totally enclosed within the structure.
storage and disposal of hazardous chemicals. b. No other principal use shall be allowed on the
property that is not related to the direct operation of
40:6-2-22. Emergency Food Distribution Center, the funeral home or mortuary business.
Food Pantry, Soup Kitchen
1. Location. An emergency food distribution center, 3. On-Site Circulation. No off-street parking shall be
food pantry or soup kitchen shall be located on a allowed in the front yard area of the premises.
collector or arterial street.
4. Parking. No less than one parking space per
2. Bulk/Building Requirements. Each facility shall thousand square feet is permitted.
provide a lobby or indoor waiting area for indoor
queuing of its clients sufficient to meet its needs. 5. Condition of Approval. The applicant shall agree as a
condition of approval that the proposed establishment
3. Condition of Approval. The applicant shall agree as shall:
a condition of approval to adhere to all relevant State a. Obtain a license pursuant to NJAC 13:36-1.1, Board
and City Health and Building Codes. of Mortuary Science. A copy of all licenses shall be
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Construction Code (UCC) prior to the issuance of a lot having a width of less than one hundred (100) feet
certificate of occupancy. and an area of less than ten thousand (5,000) square
b. Comply with all of the applicable rules and feet.
regulations pursuant to NJAC 13:36-1.1, Board of b. No gasoline filling station shall be built on an
Mortuary Science. interior lot having a width of less than one hundred
fifty (150) feet and an area of less than ten thousand
40:6-2-25. Furniture & Appliance Stores, Used (10,000) square feet.
1. Outdoor Storage. Used furniture and appliance
stores shall comply with the following outdoor storage 4. Outdoor Storage. Portable signs, outdoor servicing
requirements: and outdoor storage of tires, automobile parts and
a. Large or bulk items not capable of being accessories shall be prohibited at all times.
discarded in a garbage enclosure shall be stored
inside the building until the arrival of a removal 5. On-Site Circulation. Gasoline stations shall comply
service. with the following on-site circulation requirements:
b. Outdoor display of goods and merchandise during a. Driveways shall cross the sidewalk at right angles
business hours is prohibited. and shall not be more than twenty-four (24) feet
c. No goods or merchandise for donation shall be wide at any point thereof. Driveways must be at least
dropped-off outside of regular business hours. ten (10) feet from any side lot line and fifty (50) feet
from the intersection of street lines. There shall be
2. On-Site Circulation. Used furniture and appliance no more than one (1) driveway on any one (1) street
stores shall comply with the following on-site frontage unless the street frontage is in excess of
circulation requirements: one hundred and fifty (150) feet. No more than two
a. All activities, including collection, storage, sorting, (2) driveways may be permitted per street frontage.
and processing shall occur within a fully enclosed b. A landscape strip planted with shrubs and
building. perennials having a width no less than three (3)
b. Loading and unloading areas shall not face or be feet shall be constructed and maintained in good
visible from public streets. condition along all street property lines and adjacent
to driveway openings.
40:6-2-26. Gasoline Stations c. The entire area of the station traversed by motor
1. Must comply with NJSA 34:3A-4 et seq. Retail vehicles shall be hard surfaced.
Gasoline Dispensing Safety and NJAC 12:196-1.1 et d. Pump islands shall not be less than fifteen (15)
seq., Safe Dispensing of Retail Gasoline. feet from any lot line; however, if the gasoline station
abuts a residential zone or residential use that
2. Bulk/Building Requirements. Gasoline stations shall distance shall be twenty-five (25) feet to allow for
comply with the following bulk requirements: the provision of a ten (10) foot landscaped buffer.
a. All pits, racks or lifts shall be indoors and shall not
be less than twenty-five (25) feet from any street 6. Accessory Use. Convenience store.
line. a. A freestanding convenience store with a maximum
b. Canopy. gross floor area of two-thousand (2,000) square feet
i. The minimum setback to any property line of a shall be permitted as an accessory use to a service
canopy located above a fueling area shall be ten station when there is no automobile repair shop on
(10) feet, except when adjacent to a residential use site.
or zone, such setbacks shall be increased by an b. Minimum setbacks:
additional ten (10) feet. i. Front yard: Twenty (20) feet minimum.
ii. The maximum height of a canopy shall be twenty ii. Side yard: Ten (10) feet minimum.
(20) feet. iii. Rear yard: Ten (10) feet minimum.
iv. From a gasoline pump: Fifteen (15) feet
3. Area Requirements: Gasoline stations shall comply minimum.
with the following area requirements: c. Maximum height: Twenty-Five (25) feet.
a. No gasoline filling station shall be built on a corner d. Parking shall be no less than one space per
thousand square feet.
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40:6-2-27. Homeless Shelters 3. Area Requirements. The exterior of the dwelling as

1. Location. A homeless shelter shall be located on a well as the site shall maintain a residential appearance
collector or arterial street. with no differentiation from the exterior as to which
portion of the dwelling is being used in connection
2. Bulk/Building Requirements. Each homeless shelter with the home-professional office.
shall provide a lobby or indoor waiting area for the
indoor queuing of its clients sufficient to meet its 4. Outdoor Storage. There shall be no storage of
needs. equipment, vehicles or supplies associated with the
home-professional office outside the dwelling.
3. A homeless shelter must comply with the Essex
County Homeless Plan. 8. Parking. Adequate off-street parking spaces shall be
provided on the premises, but in no event shall more
4. Condition of Approval. The applicant shall agree as a than three (3) spaces in addition to those required to
condition of approval to: comply with the requirements of Chapter 7, Off-street
a. Obtain a license pursuant to NJAC 5:15, Title 5 Parking and Loading, for the residential use shall be
Community Affairs, Chapter 15 Emergency Shelters permitted.
for the Homeless. A copy of all licenses shall be
placed on file with the Newark Office of Uniform 5. Signage Requirements. There shall be no display of
Construction Code (UCC) prior to the issuance of a products visible in any manner from the outside of the
certificate of occupancy. dwelling, except that one non-illuminated nameplate,
b. Comply with all of the relevant regulations not to exceed one (1) square foot in area, mounted flat
pursuant to NJAC 5:15, Title 5 Community Affairs, against the dwelling shall be permitted.
Chapter 15 Emergency Shelters for the Homeless.
6. Additional Requirements. A home professional office
40:6-2-28. Home Professional Office shall comply with the additional requirements:
1. Bulk/Building Requirements. A home professional a. No equipment shall be used or process conducted
office shall comply with the following bulk/building which creates noise, vibration, glare, fumes or odors
requirements: detectable to the normal senses at the boundary line
a. Any occupation or activity carried out for gain by of the premises.
a resident shall be conducted entirely within the b. No home-professional office business shall be
dwelling unit and shall be clearly incidental to the conducted between the hours of 9:00 pm and 9:00
use of the structure as a dwelling. No accessory am.
structures or areas outside the principal structure
shall be used for or in connection with the home- 40:6-2-29. Human Crematorium
professional office. Human crematoria are only conditionally permitted
within the Cemetery Zone (CEM).
b. No more than twenty-five (25) percent of the 1. Location. No human crematorium shall be permitted
gross floor area of the dwelling unit, or one-thousand within one thousand (2,000) feet of a residential use.
two-hundred (1,200) square feet, whichever is
lesser, shall be used in connection with the home- 2. Condition of Approval. The applicant shall agree as a
professional office. condition of approval that the proposed facility shall:
a. Be associated with a funeral director licensed in
c. The home-professional office shall be limited to the state of New Jersey.
the residents of the dwelling unit and not more than b. Screen from public view through fencing,
two additional persons on the premises. landscaping or buildings, all activity relating to
deceased humans, including delivery and storage of
d. For those home-professional offices in which the corpse.
instruction or meetings are required, no more than d. Not store deceased humans outside the facility.
three (3) pupils, visitors, clients or customers shall be e. Limit the storage of deceased humans to no more
permitted on site at one time. than forty-eight (48) hours.
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f. Place solid waste associated with the human abutting residential use. Twenty (20) feet if abutting
crematorium on an impervious area and store in a non-residential use.
covered container within the building.
e. Maximum impervious coverage: 50% rear yard and
40:6-2-30. Ice Cream Service Window 0% front yard.
1. Location. Such service window shall be located on a
collector or arterial street. 2. Large format retail and/or shopping center shall
meet the following design requirements:
2. Bulk/Building Requirements. An ice cream service a. Setbacks. At least seventy (70) percent of the
window shall comply with the following bulk/building street wall shall be located at the primary street-
requirements: facing street line(s).
a. One (1) ice cream service window or doorway for
dispensing of ice cream shall be a permitted. b. Entries. Customer entrances shall be provided on
b. A minimum four (4) foot-wide area of each façade that faces an abutting street, customer
unobstructed paved surface shall be available for parking, or a public park or plaza up to a maximum
pedestrian movement on the sidewalk side of the requirement of three (3) customer entrances per
outdoor service window. business occupancy. If there are two (2) or more
c. A trash receptacle shall be provided. façades facing abutting streets, at least two such
façades must provide a customer entrance. An
3. Condition of Approval. As a condition of approval, entrance on a corner of the building may count
the applicant for the storefront service shall agree to as serving two (2) façades. Such entrances shall
comply with the following conditions: provide both ingress and egress, and shall be double
a. No food shall be prepared or stored other than in doors, not just single units.
the interior of the eating establishment.
b. Such windows shall only be permitted to operate c. Façade articulation. Façades must be articulated
from April 1 to November 1 in any calendar year. into bays no more than 50 feet in width using
c. No outdoor loudspeaker, public address system, materials, colors, or other visually apparent design
radio or similar device shall be utilized. elements
d. No outdoor service window shall be open for
business prior to 11:00 am, nor remain open for d. Screening of service areas. Necessary back-of-
business after 11:00 pm. house functions such as service and loading areas
e. The applicant shall comply with all applicable State shall be located away from major pedestrian routes
and City health and building codes. and intersections and should not impact adjacent
residential neighborhoods.
40:6-2-31. Large Format Retail and/or Shopping
Center 3. Outdoor Storage and Service Areas.
1. Retail uses over thirty thousand (30,000) square feet a. No service areas for outdoor storage, trash
in gross floor area under common ownership shall collection or compaction, loading or similar uses shall
meet the following lot and bulk/building requirements: be located within twenty (20) feet of any public or
a. Minimum lot size: One (1) acre. private street, public sidewalk, or internal pedestrian
way.
b. Minimum lot frontage: One hundred and fifty (150)
feet. b. Service functions shall be incorporated into the
overall design of the building and the landscaping
b. Front yard depth: Zero (0) minimum and five (5) so that the visual and acoustic impacts of these
feet maximum. functions are fully contained and out of view from
adjacent properties and the public streets. Screening
c. Minimum side yard: Five (5) feet. materials shall be consistent with the principal
materials of the building and landscape.
d. Minimum rear yard: Twenty-five (25) feet if
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f. Parking. All parking spaces shall be located at five (35) feet apart along public streets within the
the rear or at one (1) side of the structure or shall property lines and in the public right-of-way against
be located inside or on the roof of the structure. the curb between the site’s lot line and the curb.
Landscaping of parking areas shall comply with
Section 40:8-4. b. Shade trees shall also be planted along the length
of internal pedestrian walkways which conform to
g. Transparency. the requirements of Section 40:8-4 in addition to the
i. Primary front façade (excluding ground-level parking landscape requirements.
facade): 50%
ii. Ground-level street-facing façade below 14 feet c. There shall be a minimum pervious surface area of
in height: 65% approximately twenty-five (25) square feet per tree.
iii. Street-facing side and rear façades: 35%
iv. Non-street facing walls: 20% d. A minimum eight (8) foot wide landscaped area shall
v. Clear, untinted, and unobstructed glass shall be be provided along the edge of a site where parking
used at and near the street level to allow maximum areas are adjacent to a public street.
visual interaction between sidewalk areas and the
interior of buildings. 9. Lighting. All outdoor lighting shall be sized and
vi. Bottoms of the storefront windows shall be directed to avoid adverse impact and spillover onto
between zero (0) and three (3) feet above sidewalk adjacent properties. Upward directed lighting is
grade. prohibited. Outside parking lot lighting shall not be
less than one foot candle per IES minimum lighting
4. Security grilles. All security grilles shall be entirley standards at the property line, and shall be designed to
open mesh so as to maintain storefront transparency, minimize glare and spillover onto adjacent properties.
but may have a solid portion at the base that does not Building and aesthetic lighting must be shielded to
exceed the height of the bulkhead it covers. prevent direct glare and/or light trespass in excess of
one (1) foot candle at the property line.
5. Screening of mechanicals. Parapets, mansard or
other sloping roofs shall be used to conceal flat roofs 40:6-2-32. Liquor Stores
and rooftop equipment such as HVAC units from 1. Location. The applicant shall demonstrate to the
public view. The average height of such parapets approving board compliance with the minimum
shall not exceed fifteen (15) percent of the height of distance requirements from Title IV Alcoholic
the supporting wall and such parapets shall not at Beverages of the Revised General Ordinances of the
any point exceed one-third (1/3) of the height of the City of Newark.
supporting wall.
2. Condition of Approval. As a condition of approval,
6. Roofline variation. Rooflines shall be varied with a the applicant shall agree to:
change in height at least every fifty (50) linear feet. a. Obtain a plenary retail distribution license from
the Newark Board of Alcoholic Beverage Control in
7. Materials and colors. Predominant exterior building accordance with Title IV Alcoholic Beverages of the
materials shall be high quality materials, including, but Revised General Ordinances of the City of Newark,
not limited to brick, native stone, cultured stone, and NJAC 13:2-1.1 et seq. and NJSA 33:1-1 et seq.
tinted and textured concrete masonry that resembles
brick or stone. Materials shall have a low level of b. Comply with all applicable regulations for a plenary
reflectivity. retail distribution licensee listed in Title IV Alcoholic
Beverages of the Revised General Ordinances of
8. Landscaping. In addition to the requirements for the City of Newark including, but not limited to,
landscaping in Section 40:8-4, large format retail and/ restrictions on hours and days of operation, and
or shopping center developments shall conform to the restrictions on on-site mercantile or commercial
following landscape standards: activity other than the sale of non-alcoholic
a. Shade trees shall be planted a maximum of thirty- beverages, as accessory beverages to alcoholic
beverages.
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c. A copy of all licenses shall be placed on file with v. A public notice posted by the Health Officer at the
the Newark Office of Uniform Construction Code public entrance of a premises wherein a live animal
(UCC) prior to the issuance of a certificate of market is operated and that results in the immediate
occupancy. closure of the establishment and the discontinuance
of all operations, by order of the Health Officer,
40:6-2-33. Live Animal Market because of violations of applicable Federal,
1. Condition of Approval. As a condition of approval, all State, and City regulations, orders, embargos, or
applications for a live animal market shall agree to the quarantines.
following conditions:
vi. Animals permitted to be stored alive and
a. Comply with all regulations of the United States slaughtered on-site include chickens, ducks, rabbits,
Department of Agriculture, the State of New Jersey goats and similar small animals. No horses, cows,
and the City of Newark including Title XIII, Food, Drugs alpacas, llamas or similar large animals are permitted
and Cosmetics, Chapter 5, Live Poultry and Certain be kept on the property or slaughtered on-site.
Live Animals (Goats, etc.): Retail and Wholesale;
Chapter 6, Poultry Killing and Dressing Establishments; vii. Animals shall be kept on premises no longer than
and Chapter 7, Meat, Meat Products and Meat twenty-four (24) hours.
Establishments of the Revised General Ordinances of
the City of Newark. viii. No live animal market shall be permitted
within one thousand five hundred (1,500) feet of a
b. Obtain all necessary Federal, State and City licenses residence.
and approvals. Copies of such licenses shall be placed
on file with the Newark Office of Uniform Construction ix. Live animals shall not be allowed to run at
Code (UCC) prior to the issuance of a certificate of large upon the licensed premises nor at large on
occupancy. streets, sidewalks or any other area off the licensed
premises but shall be kept in suitable enclosures
c. Operate and maintain a live animal market according such as cages or crates which shall comply with the
to the following regulations: following standards:
i. All activities associated with the live animal market x. All animals shall be kept in a clean and sanitary
must take place within a wholly enclosed building; manner at all times. All cages, crates, or enclosures
no outdoor storage of live animals, garbage, or raw shall be cleaned and disinfected in a manner
materials shall be permitted. approved by the Division of Health.
ii. All animal slaughter shall take place inside xi. Cages, crates, and enclosures shall be raised
a closed building in a confined area to prevent from the floor at least six (6) inches so as to permit
transmission of sound associated with slaughter to flushing and cleaning underneath the same.
the outside. Animals shall not be heard at the public
right-of-way or adjacent properties. xii. All live animal cages, crates, or enclosures
shall be in good repair and constructed of easily
iii. All byproducts must be disposed in compliance cleanable, noncorrosive, and nonabsorbent material.
with all applicable Federal, State and City
regulations. This includes, but is not limited to, all xiii. Enclosures shall not be overcrowded with live
sewage, processed and unprocessed animal parts, animals so as to result in injury to the animal or
manure, entrails, blood, hides and bones. restrict movement of the animal confined therein.
iv. Waste shall be disposed of within forty-eight (48)
hours of being produced. Waste shall be stored xiv. No live animal shall be kept in a place in which
in airtight containers and shall be confined in fully water, ventilation, food, or any other similar items are
enclosed structures. Any animal waste from holding not sufficient for the preservation of the health and
areas shall be removed from the site daily and/or safe condition of such animal.
stored in a manner to control odor.
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xv. Ample supply of food and clean water shall be b. The total area of the establishment devoted to
provided for all live animals. Troughs, bowls, or similar massage services shall cover less than twenty (20)
containers used for food and water shall be kept percent of the gross floor area of the principal use.
clean, in good repair, and placed in such a manner so
as to prevent contamination of food and water kept 40.6–2–35. Material Salvage or Junk Facility
therein. No animal feed shall be scattered on floors. 1. All operations must occur within a building.
All spillage of feed shall be promptly removed.
2. Site shall remain clean of all stray materials.
xvi. All parts of the premises shall be kept in a
sanitary condition at all times. 3. No materials shall contaminate the site.
xvii. The flooring of live animal markets shall be 40.6–2–36. Methadone Maintenance Clinic
composed of material that is impervious to moisture 1. Bulk/Building Requirements. A methadone treatment
and shall be properly graded to prevent pooling of facility shall have an internal waiting area of minimum
liquid or waste and permit adequate drainage to floor 250 square feet.
drains. All floors shall be kept clean and in good
repair. 2. Area Requirements. Minimum lot size of 20,000
square feet.
xviii. Walls and ceilings in animal poultry storage
rooms, equipment washing rooms, rooms used for 3. Parking: One parking space per medical doctor and
plucking, rooms used for slaughtering, and rest 3 parking spaces for every treatment room.
rooms shall be comprised of moisture-proof, and
washable material. All walls shall be kept clean and 4. Additional Requirements. A methadone maintenace
in good repair. clinic shall comply with the following additional
requirements:
xix. All rooms within the premises shall be properly a. Any proposed methadone treatment facility shall
lighted and ventilated. Mechanical ventilation include an operational narrative which accurately
of sufficient capacity to keep all rooms free of describes the nature of medical services to be
excessive heat and obnoxious odors shall be offered and the names of the medical practitioners
provided and shall ventilate to open air. Such providing said services. A licensed physician, a MD
systems shall be maintained in a clean manner and or a DO, shall be on duty at the facility during the
in good repair and shall be designed and operated methadone treatment facility’s hours of operation.
so as to prevent noxious odors from entering
adjacent properties. No odors shall be permitted b. Prior to occupancy, any existing structure
beyond the property line or in the public right-of-way. proposed for adaptive reuse as a methadone
treatment facility shall be brought into compliance
40:6-2-34. Massage Facilities with all current building codes and all other
1. Condition of Approval. Each masseuse shall be applicable Borough, County, State and Federal
certified/licensed by the State of New Jersey pursuant regulations for the whole structure.
to NJAC 13:37A, Board of Massage and Bodywork
Therapy Rules and shall comply with all applicable c. A state license to dispense methadone shall be
regulations contained therein. Proof of masseuse obtained.
certification shall be submitted with conditional use
application. 40:6-2-37. Nightclubs, Discotheques & Cabarets
1. Location. A nightclub, discotheque or cabaret shall
2. Additional Requirements. Accessory massage be located on a collector or arterial street.
services shall comply with the following additional
requirements: 2. Bulk/Building Requirements. A nightclub,
a. The principal use shall be a Personal Service discotheque or cabaret shall comply with the following
Establishment, Medical Office, or Fitness Center; and bulk/building requirements:
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a. Such uses shall be required to provide vestibules a. Outdoor display areas shall be a permitted only as
at all entrances and exits used by patrons for other an accessory use to a principal permitted retail use.
than emergency egress to minimize noise emanating b. Outdoor display areas shall be limited to twenty
from such an establishment. (20) percent of the gross floor area of the primary
building or tenant space to which the outdoor display
b. Such uses shall provide adequate ventilation within area is accessory. Automobile sales establishments
the building such that doors and/or windows are are exempt from this requirement.
not left open for such purposes resulting in noise
emission from the building. 40:6-2-39. Outdoor Storage
1. Location. Outdoor storage areas shall not be
c. Such uses shall not have any outdoor public permitted in any required front or side yard.
address or outdoor music system.
2. Buffers and Fencing. Outdoor storage areas shall be
3. Noise. Applicants for such uses shall demonstrate enclosed by a wall or fence of minimum five (5) feet
compliance with all New Jersey Department of and a maximum of eight (8) feet in height. Materials
Environmental Protection (NJDEP) State Noise stored shall not be visible above fence.
Control Regulations (NJAC 7:29). The approving
board may require additional information and studies 3. Additional Requirements. The regulations of this
as necessary to demonstrate compliance with these Section shall not apply to automobile car washes,
standards. automobile paint and autobody repair, automobile
rental, automobile repair shop, and automobile sales.
4. Condition of Approval. The applicant shall agree as a
condition of approval to: 40:6-2-40. Outdoor Storage, Chemical
a. Obtain a license pursuant to Title V, Amusements 1. Condition of Approval. The applicant shall agree as
and Amusement Business, Chapter 11, Discotheques a condition of approval to comply with all City, State,
of the Revised General Ordinances of the City of and Federal laws, regulations, and ordinances and
Newark; and obtain all necessary permits and licensures shall be
secured prior to the start of operation. A copy of all
b. Comply with all the requirements for such a licenses shall be placed on file with the Newark Office
license including restrictions on hours and days of Uniform Construction Code (UCC) prior to the
of operation pursuant to Title V, Amusements and issuance of a certificate of occupancy.
Amusement Business, Chapter 11, Discotheques
of the Revised General Ordinances of the City of 2. Additional Requirements. Outdoor chemical storage
Newark. shall comply with the following additional requirements:
40:6-2-38. Outdoor Display Areas a. A list of substances to be handled at the

1. Location. Outdoor display areas shall comply with the development must be furnished to the City of
following location requirements: Newark Code Enforcement Officer, Fire Department,
a. Outdoor display areas shall be located immediately Police Department and any local emergency
adjacent to the principal structure. response teams that may be called upon to provide
b. Outdoor display areas shall be permitted in the emergency service.
front or side yards but shall not encroach into any
required setbacks of the zone in which it is located. b. An emergency response plan shall be submitted
c. Outdoor storage display areas shall be located to the City of Newark Police Department, Fire
on either concrete, asphalt, or brick-paver areas Department and the Planning and Zoning Office
and shall not be located on lawn areas, landscaping for review and inclusion in department files for
areas, or in the public right-of-way. the proposed property. Information shall include
spill prevention and clean up, taking into account
2. Bulk/Building Requirements. Outdoor display topography and runoff.
areas shall comply with the following bulk/building
requirements:
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c. A spill containment system must be employed as wide landscaped buffer that shall have a height at
required by State and Federal law. planting of no less than six (6) feet.
d. Plans showing any underground piping, storage 3. Permitted Accessory Uses. The following are
facilities, and related appurtenances as they involve permitted accessory uses to places of worship:
chemical or petroleum products must be submitted. a. Banquet halls, cafeteria or kitchen facilities,
classrooms, libraries, youth services, and other similar
e. Any above-ground piping must be designed to uses which are customarily accessory to places of
prevent line breakage due to collision. worship are permitted accessory uses;
b. With the exception of housing for clergy, no
f. All containers and piping must be constructed of housing or dormitories, whether for temporary
corrosion resistant materials. or permanent occupancy, shall be permitted as
accessory uses.
g. The emission of odorous matter from any
property in such concentrations at any point 40:6-2-43. Primary and Secondary Schools
along the boundaries of said property or in such 1. Outdoor Storage. Buses, vans and other delivery
concentrations as to create a public nuisance or vehicles shall be garaged during nighttime hours.
hazard beyond such boundaries is prohibited.
2. On-Site Circulation. Primary and secondary schools
h. No chemicals or other hazardous materials or shall comply with the following on-site circulation
wastes shall be deposited upon a parcel in any requirements:
zoning district in such form or manner that they may a. All schools shall provide a safe pickup and delivery
be transferred off the parcel by natural causes or area separate from the off-street parking area and
forces. access driveway so students leaving vehicles have
access to a sidewalk leading into the school without
i. No containers shall be visible from the public right- the child having to cross a street, parking lot, loading
of-way and shall be screened from view. area, driveway or aisle. The safe pick-up/drop-off
shall not be located between the front yard and the
40:6-2-41. Pawn Shop public street.
1. The applicant shall agree as a condition of approval b. No driveway shall open into a street or road within
that the proposed facility shall obtain a license and fifty (50) feet of an intersection of such street or
comply with all applicable regulations pursuant to road with another street or road.
NJAC 3:16-1, Pawnbroking Law Regulations. c. In addition to the parking requirements of Chapter
7, adequate space shall be provided for buses, vans
2. Pawn shops shall not be located within one and other delivery vehicles used in conjunction with
thousand (1,000) feet, measured in a straight line from the activities of the school.
the property line of the site of the pawn show, of:
a. Another pawn shop; 40:6-2-44. Private Clubs
b. A place of worship including a church or cemetery; 1. Applicants wishing to operate a social club shall
c. A school; obtain a license from the City of Newark and operate
and maintain the social club in accordance with the
40:6-2-42. Places of Worship regulations of Title V, Amusements and Amusement
1. Location. A place of worship shall be located on a Businesses, Chapter 12 Social Clubs of the City of the
collector or arterial street. Places of worship are not Revised General Ordinances of the City of Newark.
permitted on ground floors in mixed-use buildings in
C-1, C-2, or C-3 zones. 2. Motorcycle clubs shall designate an area where
motorcycles shall be parked. All motorcycles shall be
2. Buffers and Fencing. No off-street parking facility parked on-site. All activities shall be internal to the
shall be located closer than fifteen (15) feet to any building.
residential property line or residential zoning district
boundary to allow for the provision of a ten (10) foot
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40:6-2-45. Private Sports Courts with the following outdoor storage requirements:
1. Location. Private sports courts shall comply with the a. Large or bulk items not capable of being
following location requirements: discarded in a garbage enclosure shall be stored
a. A private sports court shall not be located in the inside the building until the arrival of a removal
front yard. service.
b. A private sports court shall not be located less b. Outdoor display of goods and merchandise during
than ten (10) feet from any property line. business hours is prohibited.
c. No goods or merchandise for donation shall
2. Lighting. Any lighting of a private sports court shall be dropped-off outside of regular business hours
comply with the standards of the Newark Zoning and except in a licensed drop-off bin.
Land Use Regulations. d. Outdoor drop-off bins shall be prohibited.
3. Additional Requirements. A private sports court shall 2. On-Site Circulation. Resale or thrift shops
comply with the following additional requirements: shall comply with the following on-site circulation
a. A private sports court, shall not be rented nor used requirements:
as a private club, nor for the commercial instruction a. All activities, including collection, storage, sorting,
of players other than the property owners of the and processing shall occur within a fully enclosed
subject parcel. building.
b. Private sports courts shall be landscaped to buffer b. Loading and unloading areas shall not face or be
noise, lights, and activity.n visible from public streets or primary drive aisles.
40:6-2-46. Public or Commercial Garages 40:6-2-49. Rooming Houses & Boarding Houses
1. On-Site Circulation. Public or commercial garages 1. Location: Rooming Houses & Boarding Houses are
shall comply with the following on-site circulation not permitted on the ground floor in commercial zones.
requirements:
a. There shall be minimum of three (3) stacking 2. Bulk/Building Requirements. Rooming houses and
spaces for vehicles entering the garage to prevent boarding houses shall comply with the following bulk/
cars queuing in the public right-of-way. building requirements:
b. Driveways are limited to one (1) driveway per street a. Not more than twenty (20) persons, other than
frontage per one hundred (100) linear feet of street any owner or operator, shall live in a Rooming or
frontage and the maximum width of each driveway is Boarding House at one time.
twenty-four (24) feet.
c. Driveways shall be at least ten (10) feet from any b. Must have met the bulk standards and be of the
side lot line and fifty (50) feet from the intersection same building type as the zone of which it is located.
of street lines.
c. When located in a commercial zone, must be
2. Accessory Uses. Services, including sales and located on the second floor.
washing, for commercial vehicles are a permitted
accessory use in industrial districts only. 3. Condition of Approval. The applicant shall agree as a
condition of approval that the proposed establishment
40:6-2-47. Recycling Center shall:
1. All operations must occur within a building. a. Obtain a license to own or operate a rooming
house from the Bureau of Rooming and Boarding
2. Site shall remain clean of all stray materials. House Standards of in accordance with NJAC 5:27-
1.1 et seq., Regulations Governing Rooming and
3. No materials shall contaminate the site. Boarding Houses. A copy of the license shall be
Construction Code (UCC) prior to the issuance of a
40:6-2-48. Resale or Thrift Shop certificate of occupancy.
1. Outdoor Storage. Resale or thrift shops shall comply b. Comply with all regulations of NJAC 5:27-1.1 et
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seq., Regulations Governing Rooming and Boarding

Houses. f. Maintains an adult arcade, which means any place
to which the public is permitted or invited wherein
40:6-2-50. Sexually-Oriented Businesses coin-operated or slug-operated or electronically,
1. The term “sexually-oriented businesses” refers electrically, or mechanically controlled still or motion
to business types including, but not limited to, picture machines, projectors, or other image-
establishments commonly referred to as a “Go-Go producing devices are regularly maintained to show
Establishment,” “Go-Go Bar,” “adult video store,” “adult images to five (5) or fewer persons per machine at
DVD store,” “adult newsstand,” or “adult bookstore.” This any one (1) time, and where the images so displayed
term also refers to a commercial establishment which are characterized by their emphasis upon matter
as one (1) of its principal business purposes offers for exhibiting specified sexual activities or specified
sale, rental, or display for any form of consideration anatomical areas.
any one (1) or more of the following: performances,
books, magazines, periodicals or other printed matter, 2. No sexually-oriented business shall be permitted
photographs, films, motion pictures, video cassettes, unless it complied with all Federal, State, or local
compact discs, slides or simulated display or other statutes including but not limited to NJSA 2C:33-12.2
visual representations which are characterized by et seq. and NJSA 2C:34-7 et seq.; is entirely in the
their emphasis upon the display of “specified sexual Second Industrial Zoning District or Third Industrial
activities” as defined in NJSA 2C:33-12.2 et seq. or Zoning District; and is not located within one thousand
“specified anatomical areas” as defined in NJSA (1,000) feet, measured in a straight line from the
2C:33-12.2 et seq.; or any other type of establishment property line of the site of the sexually-oriented
that can meet the definition of a “sexually-oriented business, of:
business” as defined or described in Federal, a. Another sexually-oriented business;
State or local statutes including, but not limited to, b. A hospital;
NJSA 2C:33-12.2 et seq. For the purposes of this c. Any building or structure used partially or wholly
definition, “principal purpose” means the commercial for residential purposes, provided that the area is
establishment: zoned for residential purposes;
a. Has at least ten (10%) percent of its merchandise d. A nursing home;
in inventory consisting of said items; or e. A place of worship including a church or cemetery;
f. A school;
b. Has at least twenty (20%) percent of the g. A daycare or child care center;
wholesale value of its displayed merchandise h. Any parcel zoned for residential use.
consisting of said items; or
3. Signage Requirements. A sexually oriented business
c. Has at least twenty (20%) percent of the retail shall comply with the following signage requirements:
value of its displayed merchandise consisting of said a. Furthermore, no sexually oriented business can
items; or have outdoor signage other than a single wall
mounted sign on one (1) and only one (1) façade of
d. Maintains at least ten (10%) percent of its interior the structure used by said sexually-oriented business
business space for the sale or rental of said items; or with the following limitations for the entire sign
Regularly features of said items, and prohibits including its text area, logo area, surface area, and
access by minors, because of age, to the premises, area for mounting hardware.
and advertises itself as offering “adult” or “xxx”
or “x-rated” or “erotic” or “sexual” or “sensual” or b. No sign area shall have more than two (2) feet of
“pornographic” material on signage visible from a height;
public right-of-way; or
c. The top of the sign shall be no more than sixteen
e. Regularly features performances where “specified (16) feet above the average grade at the base of the
sexual activities” or “specified anatomical areas” as wall upon which the sign is mounted, and the top of
defined in this paragraph are displayed; or
169
the sign shall be below the first floor cornice line of f. Access and spacing requirements shall be
the structure; observed in order to ensure safe passage for egress
from the roof, maintenance of equipment and to
d. No sign area shall be more than twenty-five (25) provide smoke ventilation opportunity areas.
square feet and shall not extend beyond the width of
the building; g. No solar photovoltaic array or related equipment
shall be attached to a common or adjoining exterior
e. No sign shall cover more than ten (10%) percent wall between two (2) buildings.
of the surface area of the wall upon which it is
mounted; h. Remote disconnect. Direct current circuits shall
be equipped with a means for remote disconnect
f. No sign shall project more than six (6) inches from located downstream from the photovoltaic array.
the wall surface upon which it is mounted, nor shall Control of the remote disconnect shall be located
such sign project into any public right-of-way area; within five (5) feet of the building’s main electrical
panel and shall meet all requirements of the New
g. Internal illumination is prohibited for the sign; Jersey Electrical Code.
h. No sign shall be within the line of site of a Federal i. For installation on a multiple ownership or
or State highway. condominium building, a letter from the owners’
association stating its complicity shall be required.
40:6-2-51. Solar Energy Systems
1. Roof installation j. Placement and installation shall not interfere with
a. Installation type shall meet or exceed the minimum architectural elements of a parapet, cornice, facade,
design load for wind speeds established by the or slate roof.
American Society of Civil Engineers (ASCE) for
Newark, New Jersey. 2. Nonhabitable building installation
a. Nonhabitable building installations include but
b. A ten (10)foot setback is required from any are not limited to shade structures, carports, solar
frontage that is accessible from the public right-of- trellises, and the like.
way by a fire department aerial ladder truck, except:
i. Buildings over seventy-five (75) feet are exempt b. Nonhabitable solar array structures shall not
from the setback requirements. be applied as lot coverage; however, no lot shall
ii. Corner buildings where access to one (1) be covered more than eighty-five (85) percent by
frontage is obstructed by electrical lines, utility structures including solar.
poles or other immovable objects shall provide a
ten (10) foot setback on the frontage side that is c. Minimum standards for installation shall be the
least encumbered. same as for roof installations. [See Subsection 1(a)
and (b).]
c. Three (3) feet of clearance must be provided
around all fire escape ladders and/or other points of 3. Ground-mounted installation
emergency access. a. Setback requirements do not apply to ground-
mounted, freestanding photovoltaic arrays, except as
d. Installations on a flat roof shall not exceed six stated in Subsection 3(c) below.
(6) feet in height above the surface of the roof.
Installations on a pitched roof shall not exceed a b. Ground-mounted installations shall not be applied
height of eight (8) inches above the rooftop. In no as lot coverage; however, no lot shall be covered
event shall the placement of the solar panels result more than eighty-five (85) percent by structures
in a total height greater than what is permitted in the including solar.
zoning district for a principal structure nor shall any
panel extend beyond the roof lines. c. Ground-mounted installations exceeding six (6)
feet in height as measured from grade shall be set
170
back from any lot line two (2) feet for each additional disconnect. If the main service disconnect is
foot in height. operable with the service panel closed, then the
marking shall be placed on the outside cover. For
d. Ground-mounted installations shall be designed commercial applications, the marking shall be
in such a manner that neither water nor snow placed adjacent to the main service disconnect in a
accumulate and have concentrated flow off the location clearly visible from the location where the
structure. lever is operated.
e. Ground-mounted installations shall be designed so iii. CAUTION: SOLAR ELECTRIC CIRCUIT.

as to meet the lighting and landscape standards of Marking is required on all interior and exterior DC
the Land Development Code. conduit, raceways, enclosures, cable assemblies
and junction boxes to alert emergency responders
f. Ground-mounted installations above parking lots to avoid cutting them. Markings shall be placed
shall be designed to provide adequate space for every ten (10) feet, at turns and above and/or
access by emergency vehicles. below penetrations, and at all DC combiner and
junction boxes.
g. Any tree removal for the installation of solar array
shall be replaced based on an inch for inch ration iv. CAUTION: SOLAR CIRCUIT DISCONNECT.
and planted on site. If unable to plant on-site trees, Signage shall be located immediately next to the
the trees must be planted elsewhere within the remote disconnect control.
Municipal Ward.
v. CAUTION: SOLAR ARRAY DISCONNECT.
4. Signage requirements Signage shall be located immediately next to, or
a. Marking is needed to provide emergency on, the array disconnect.
responders with appropriate warning and guidance
with respect to isolating the solar electric system. 5. Solar installations shall also comply with the
This will facilitate identifying energized electrical following:
lines that connect the solar panels to the inverter, a. The solar installation shall conform to the National
as these should not be cut when venting for smoke Electric Code as adopted by the New Jersey
removal. Department of Community Affairs, or any successor
or substituted codes or regulations.
b. All signs shall be made of reflective weather-
resistant material suitable for the environment; UL b. The solar installation is subject to all Public
969 shall be used as a standard for weather rating. Service Electric & Gas Company requirements for
All “caution” signs shall have a red background with installation.
white lettering, a minimum letter height of one-half
(1/2) inch and all capitals in Arial or similar font, 6. Approval and permitting
unless otherwise specified. The “PV” sign shall be of a. No installation of solar energy systems shall
the same color and weather-resistant material, but be permitted without a first certificate of zoning
shall be five (5) feet by five (5) feet square and shall compliance and a building permit.
have a letter height of three (3) inches.
i. PV. Signage signifying the presence of a solar b. The Zoning Officer is hereby authorized to issue
photovoltaic array shall be posted at the main entry first certificates of zoning compliance for the
door of the structure and at all other points of purposes of erecting or maintaining solar energy
access to the roof. systems.
ii. CAUTION: SOLAR ELECTRICAL SYSTEM c. For site plans falling outside of the parameters
CONNECTED. For residential applications, the expressly set forth herein, the Zoning Officer shall
marking may be placed within the main service issue a denial of zoning compliance and shall refer
the application to the Planning Board for review.
171
d. The Construction Official shall issue the necessary 2. Bulk/Building Requirements. a. Each outpatient
building permit(s), provided that: substance abuse treatment facility shall provide a
i. All safety and installation requirements listed in lobby or indoor waiting area for the indoor queuing of
Subsection 1 or 2 above have been met; and its clients sufficient to meet its needs.
ii. All Uniform Construction Code (UCC) provisions b. Must follow the bulk regulations and design of the
as set forth in NJAC 5:23 et seq., and National Fire zone of which it is located.
Protection standards (NFPA), have been met.
3. Condition of Approval. The applicant shall agree as a
7. Location in Historic District. In the event that an condition of approval to:
application is made pursuant to the terms of this a. Obtain any required licenses pursuant to NJAC
article for premises that are located in a Newark 10:161B-1.1 et seq. Standards for Licensure of
Historic District, or on a designated historic site or Outpatient Substance Abuse Treatment Facilities. A
structure, approval must be obtained from the Newark copy of the licenses shall be placed on file with the
Landmarks and Historic Preservation Commission Newark Office of Uniform Construction Code (UCC)
(LHPC). Applicants shall submit preliminary plans prior to the issuance of a certificate of occupancy.
to the Zoning Officer for review, and, if appropriate, b. Comply with all maintenance and operation
a letter of pending approval shall be issued by the standards for such a facility pursuant to NJAC
Zoning Officer to the LHPC prior to its review. Upon 10:161B-1.1 et seq.
approval by the LHPC, a first certificate of zoning c. Operate the facility a maximum of eight (8) hours
compliance shall be issued, and construction permits per day between the hours of 7:00 am and 7:00 pm
may be sought from the Building Department. from Monday through Friday The facility hours of
operation on Saturday, Sunday and holidays shall be
8. Enforcement, Violations and Penalties. a maximum five (5) hours per day between the hours
a. The Construction Official, Fire Code Official and of 9:00 am and 2:00 pm.
Zoning Officer of the municipality are authorized to
investigate suspected violations of any subsection of 40:6-2-53. Veterinary Clinic, Office or Hospital
this section and pursue enforcement activities. 1. Noise. Applicants for such uses shall demonstrate
compliance with all New Jersey Department of
b. Violation of any provision of this Section shall be Environmental Protection (NJDEP) State Noise
cause for the revocation of the first certificate of Control Regulations (NJAC 7:29) The approving
zoning compliance and/or construction permit(s). board may require additional information and studies
as necessary to demonstrate compliance with these
c. Violation of any provision of this Section shall standards.
be subject to a civil penalty for each offense
of not more than $3,000. If the violation is of a 2. Condition of Approval. The applicant shall agree as
continuing nature, each day during which it occurs a condition of approval to comply with all applicable
shall constitute an additional separate and distinct regulations pursuant to NJAC 13:44-1.1 et seq., State
offense. Board of Veterinary Medical Examiners and NJSA
45:16-1.1 et seq., Veterinary Medicine, Surgery and
9. Right to Require Removal. The City of Newark Dentistry.
expressly reserves the right to require the removal of
any solar energy system, or portion thereof, which is 3. Additional Requirements. The applicant shall provide
improperly constructed or maintained or which poses proof to the approving board that any veterinarians on
an imminent public safety hazard. staff are licensed in the State of New Jersey.
40:6-2-52. Substance Abuse Treatment Facilities 40:6-2-54. Wholesale Bakeries

1. Location. Outpatient substance abuse treatment 1. Such facilities must receive all required State, County
facilities shall only be located on collector or arterial and City licenses.
roads.
2. Such facilities shall be within completely enclosed
buildings.
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3. Lot and Bulk/building requirements: set back at least fifteen (15) feet from all property
a. Minimum required lot area: five thousand (5,000) lines, and no portion of a rotor blade shall extend
square feet. closer than five (5) feet to any lot line.
b. Minimum required front yard: zero (0) feet.
c. Minimum required rear yard: twenty-five (25) feet. iii. Height. The height of a ground-mounted
d. Minimum required side yard: fifteen (15) feet. wind turbine shall be limited by the setback
e. Minimum distance between any two (2) buildings, requirements of this Section. The height of a
other than an accessory building, on the same lot: rooftop or other building-mounted wind turbine
either twenty (20) feet or a distance equal to not less shall not exceed the maximum permitted building
than one-third (1 /3) the combined height of the two height for the property by more than twenty
(2) walls facing each other, whichever is greater. percent (20%). For a rooftop or other building-
mounted wind turbine that exceeds the maximum
4. Outdoor storage. No structure or storage of permitted building height by more than 20%, the
materials shall be permitted in any required yard. Reviewing Board, after a public hearing, may
approve a greater height if the Board determines
5. Landscaping. Required yards shall be maintained that the placement of the turbine and context
and kept clear of all debris, rubbish, weeds and tall of the turbine site will mitigate any significant
grass. negative visual or safety impacts on nearby
properties.
6. Accessory use. Accessory retail sales and office
space shall not exceed thirty (30) percent of the gross b. Lighting, Design and Noise
floor area of the principal and any accessory buildings
combined. i. Lighting. Wind turbines shall not be illuminated
except as required by the Federal Aviation
40:6-2-55. Wind Energy Systems, Small Administration or other applicable authority or
1. Location, Setbacks and Height by the provisions of Section 40:16-6 [Lighting] of
these Codified Ordinances. If lighting is required,
a. Ground-Mounted Wind Turbines a design that minimizes disturbances to nearby
residences shall be utilized.
i. General. A ground-mounted wind turbine shall
be set back from all property lines, street right- ii. Structural Design. Wind turbines shall be
of-way lines, and overhead utility lines a minimum designed to meet all requirements of the Building
distance equal to 1.1 times the height of the wind Code of the City of Newark and all applicable
turbine. Turbine setbacks shall be measured from State and Federal regulations.
the center of the wind turbine base. With respect
to an overhead utility line that provides service only iii. Aesthetic Design. Wind turbines shall be
to a single building or a single parcel of land, the designed in a manner that makes them as
setback requirement shall be met if the turbine is visually unobtrusive as possible, while meeting
placed so that no portion of a rotor blade extends safety requirements. To this end, towers shall be
closer than five (5) feet to the utility line. monopole rather than lattice design, wherever
feasible. With respect to color, wind turbines, shall
ii. Residential. With respect to proximity to be white or off-white or unpainted metal, unless
Residential District lines, a wind turbine, including other colors are required by Federal regulations or
a wind turbine located in a Residential District, unless another color is approved by the Reviewing
shall be set back from Residential District lines of Board as being more effective or more appropriate
adjoining or nearby properties a minimum distance in a particular instance.
equal to two (2) times the height of the wind
turbine. In the case of a wind turbine that does not iv. Signs. No signs shall be located on or around a
exceed thirty-five (35) feet in height and is located wind turbine except for necessary warning signs
in a Residential District, the wind turbine shall be or informational signs located at or near ground
173
level. Such signs may include information of an with surrounding uses. The Commission shall take
educational nature or information identifying the action on the application at a public meeting. The
manufacturer or installer of the wind turbine but Board may require modifications to the proposal as
shall not include any off-premise advertising or a condition of approval. The Board may disapprove
any advertising for businesses or other activities an application if it determines that the proposed
located on the premises. No more than two location does not meet the standards set forth in
permitted signs shall be located on or around each this Chapter and that a suitable alternative location
wind turbine. The total area of such signs shall not is available.
exceed twenty (20) square feet, except that no
sign shall exceed four (4) square feet if located v. Permit Issuance. The Department of Engineering
on a property in a Residential District, unless that shall issue the required permits if it determines
property is occupied by a community facility use, that the application conforms to requirements of
in accordance with the regulations of Chapter this Chapter and other applicable regulations of
9. Signs. Free-standing signs shall not exceed a the City of Newark, and if it has been approved by
height of five (5) feet, and the setback of such the Central Planning Board where such approval is
signs shall be in accordance with the regulations required.
of Chapter 9. Signs for the zoning district in which
the turbine is located. d. Contents of Application. All applications subject to
the provisions of this Chapter shall be accompanied
v. Noise. No wind turbine shall produce noise that by the following information, as applicable, in addition
unreasonably disturbs the quiet, comfort or repose to information required for all Building Permit
of neighboring inhabitant above that permitted for applications.
a residential district.
i. Ground-Mounted Wind Turbines. In addition to
c. Application and Approval Process information required by other provisions of these
Codified Ordinances, the following information
i. Submission of application. An application to shall be submitted with an application for a
construct or alter a wind energy facility subject to ground-mounted wind turbine and accessory
the regulations of this Chapter shall be submitted structures to demonstrate compliance with the
to the Department of Engineering. provisions of this Chapter.
ii. Determination of compliance. The Department A. A site plan of the subject property showing
of Engineering shall determine if the application adjoining streets, the proposed turbine and
conforms to requirements of this Chapter and any proposed and existing buildings, fencing,
other applicable regulations of the City of structures, landscaping, driveways, parking, and
Newark, except for those provisions that require curb cuts on the subject property, including
a determination by Central Planning Board under specifications for all proposed landscaping.
provisions of this Chapter.
B. An elevation drawing showing the proposed
iii. Referral to Central Planning Board. For wind turbine and all structures and landscaping
proposals subject to approval by the Central shown on the required site plan, indicating the
Planning Board, the Department of Engineering height, color and materials of the tower and all
shall refer the application to the Central Planning proposed fencing and other structures.
Board for review and approval.
C. Where lighting of the wind turbine is
iv. Central Planning Board action. The Central proposed, a lighting plan for the proposed wind
Planning Board shall review any application subject turbine, indicating the location, color and intensity
to its approval under provisions of this Chapter and of the lighting, both as it will appear in daylight
shall determine whether the proposal meets all and at night, and indicating any mechanisms to
applicable standards established in this Chapter to prevent glare on adjacent properties and streets
ensure appropriate appearance and compatibility and to shield the lighting from residences, to the
174
maximum extent feasible. from the structure, marked with all necessary
dimensions.
D. For any wind turbine that will exceed the
height limit for buildings on the subject property, B. Color photographs of the building or
a vicinity map showing the subject property and structure to which the proposed wind turbine
the proposed wind turbine and fencing in the will be attached, with the proposed wind turbine
context of all property located within a distance superimposed onto such photographs, showing
from the turbine equal to three (3) times the various perspectives from which the wind turbine
height of the turbine, showing within this area, will be viewed.
all streets and existing buildings and significant
structures and indicating the residential use C. A statement by an engineer licensed in the
of any buildings and any property zoned in State of New Jersey certifying that the proposed
Residential or Landmarks Districts, such map wind turbine will meet this noise standard of this
being marked with topographic contours at five ordinance with respect to impacts on properties
(5) foot intervals. in nearby Residential zoning districts.
E. For any wind turbine that will exceed the D. Placement and installation shall not interfere
height limit for buildings on the subject property, with architectural elements of a parapet, cornice,
color photographs showing the current view of facade, or slate roof.
the wind turbine site from any adjoining public
street or any other street within 200 feet of the iii. Maintenance
proposed wind turbine and from the closest A. Maintenance and Monitoring. All buildings,
groupings of residential buildings located within structures, fences, and property used in
an area from the proposed wind turbine equal connection with a wind energy facility shall
to three (3) times the height of the proposed be maintained in good condition and in safe
structure, plus a second set of color photographs working order. On each biennial anniversary of
showing the same views with the proposed wind the issuance of the Certificate of Occupancy
turbine superimposed onto the photographs. for a wind turbine, or not more than ninety (90)
days prior to that date, the permit holder for
F. A statement by an engineer licensed in the such wind energy facility shall submit to the
State of New Jersey certifying that the proposed Director of Engineering an affidavit that verifies
wind turbine will meet the noise standard of this continued operation of the wind turbine use and
ordinance with respect to impacts on properties compliance with all requirements of this Chapter
in nearby Residential zoning districts. and other applicable governmental regulations.
ii. Rooftop-Mounted Wind Turbines. In addition to

information required by other provisions of these
Codified Ordinances, the following information
shall be submitted with an application for a wind
turbine proposed to be attached to the roof of
a building or to another structure and subject to
approval by the Central Planning Board under
provisions of this Chapter.
A. An elevation drawing of the building or

structure to which the proposed wind turbine
will be attached, showing the placement of the
wind turbine and indicating the color of the
structure and in any enclosures in relation to the
color of the surface to which it will be attached
and showing the projection of the wind turbine
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Chapter 7. Off-street parking

& loading
40:7-1. Applicability 40:7-2-5. Rules of Parking Measurement
1. All area-based parking standards must be computed
40:7-1-1. The parking and loading requirements of this on the basis of gross floor area.
Chapter are applicable to:
2. Whenever the calculations of required or maximum
1. Any new construction except in C-2 Commericial off-street parking spaces result in a fraction of
Zone. a parking space, and the fraction is equal to or
2. Any change of use that requires more parking and greater than one-half (1/2), the number of required
loading spaces than the existing use as set forth by or maximum spaces shall be rounded up to the next
this Title, except in the C-2 Commercial Zone. whole number.
3. Expansion of an existing structure in excess of If the calculation results in a fraction less than one-
10,000 square feet, except in C-2 Commericial Zone. half, the fractional portion of the requirement or
maximum shall be ignored.
40:7-1-2. The minimum parking and loading
requirements of this Chapter do not apply to any 40:7-2-6. Using the Parking Tables
change of use within a structure constructed before 1. Parking requirements are listed by the use
the effective date of this Title, provided that the categories of Tables 7-1 and 7-2.
change is to a permitted use for the zoning district
where the lot is located. 2. Where a specific use is not listed here, the general
parking requirement for a similar use shall be
40:7-2. Requirements for off-street parking applicable subject to approval by the approving board.
40:7-2-1. Residential Uses 3. Tables 7-1 and 7-2 do not indicate that the uses
All residential uses, including in mixed-use buildings listed are permitted in specific zoning districts.
or structures, shall be provided with off-street parking
spaces as specified in Table 7-1: Residential Uses.
40:7-2-2. Nonresidential Uses

All nonresidential uses, including in mixed-use
buildings or structures, shall be provided with off-
street parking spaces as specified in Table 7-2:
Nonresidential Uses.
40:7-2-3. Commercial Vehicle Parking

The garaging, storing or parking of commercial
vehicles on any properties within the boundaries of any
residential district is prohibited.
40:7-2-4. Use of Required Parking Areas for

Parking Only
Required off-street parking spaces in any district shall
not be used for open storage, sale, or rental of goods,
or storage of inoperable vehicles, unless otherwise
permitted in this Title.
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Chapter 7. Off-Street Parking & Loading
TABLE 7-1: Parking Requirements For Residential Uses

Principal Use Parking Requirement
Residential Units (except those within 1200 feet of 1 space per unit
commuter rail, subway, light rail)
Rooming House or Boarding House 1 space for every 3 beds or units
Family Day Care Homes 1 space per employee
Community Residences 1 space for every 3 beds or units
Assisted Living Facilities 1 space for every 8 beds
Nursing Homes 1 space for every 8 beds
Mixed/Multiple Permitted Uses on a Lot* Parking is calculated for each component use.
Accessory Uses
Child Care Center No additional parking required above
Coldframe requirements for principal use.
Columbarium
Commercial, Industrial Truck and Bus Wash
Commercial Antennas & Microwave Dishes
Crematorium, Animal
Crematorium, Human
Drive-Through Facilities
Emergency Food Distribution Center
Family Daycare Homes
Farm Stand
Greenhouse
Home Occupation*
Home Professional Offices*
Hoophouse
Ice Cream Service Window
Maintenance Buildings
Massage Facility
Mausoleum
Mausoleum, Family
Offices
Outdoor Display Area
Outdoor Storage
Outdoor Storage, Chemical
Outdoor Storage, Portable Storage Units
Place of Worship
Power Generation Facilities
Private Sports Courts
Sheds and Other Accessory Storage Structures
Sidewalk Cafes
Solar Energy Systems
Swimming Pools, Private
Tombstones and Monuments
Wind Energy Systems, Small
*No parking required if 1) Lot has an area of less than

5,000 square feet and has frontage exclusively on a
collector or arterial street; or 2) Lot is within a one
thousand two hundred (1,200) feet radius of a light rail,
PATH train or NJ Transit train station.
177
TABLE 7-2: Parking Requirements For Non-Residential Uses

Residential or Office Units above Ground Floor of Residential: 1 space per unit*
Retail, Office or Service Use Office: 1 space per 1000 SF excluding first 2,500 SF
Airport No requirement
Retail and Personal Services (food and no food, 1 space per 1000 SF, excluding first 3000 SF
unless otherwise listed below)
Animal Boarding or Kennel 0.5 spaces per 1,000 SF
Animal Daycare & Grooming 1 space per 1000 SF, excluding first 3000 SF
Bars, Taverns, Lounges and Restaurants, Serving 1 space per 500 SF
Alcohol
Business, Specialized or Vocational Schools 1 space per 500 SF
Cemeteries 1 space per 4 seats in any viewing room, place of worship,
or assembly area
Colleges and Universities 1 space per 5000 SF
Commercial Antennas & Microwave Dishes No requirement
Community Centers 1 space per 500 SF excluding first 5,000 SF
Community Gardens No requirement
Crematorium, Animal 1 space per employee
Data Center 1 space per 1000 SF
Day Care Facilities 1 space per employee
Family Care Home, Adult 1 space per caregiver
Massage Facility 1 space per 200 SF excluding the first 5,000 SF
Outdoor Storage 1 space per 5000 SF
Exterminator & Pesticide Application Business 1 space per 1000 SF, excluding first 3000SF
Finance, Insurance, Real Estate or Securities 1 space per 300 SF excluding the first 2,500 SF
Brokerage Consumer Services
Fitness Center 1 per 250 SF excluding first 5,000 SF
Funeral Home or Mortuary 1 space per 1000 SF
Museums 1 per each 1000 SF
Gasoline Station 2 spaces per service bay or 300 SF of repair space if no
convenience store, if includes convenience store then 2
spaces per 1000 SF
Heavy Retail and Service 1 space per 500 SF
Heliport 1 space per 2500 SF
Hospital/Medical Institution 1 space for every 3 hospital rooms or 1 space per 2000
SF, whichever is greater
178

Hotels 0.5 per guestroom plus 4 per 1,000 SF of ballroom and
meeting area
Commercial Recreation 1 space per 500 SF above first 2,500 SF; or 1 space per 5
seats, whichever is greater
Industrial and Warehousing (unless otherwise listed) 1 space per 5000 SF
Large Format Retail and/or Shopping Center Minimum of 2 spaces per 1000 SF and maximum of 4 per
1000 SF
Live Animal Market 1 space per 1000 SF, excluding first 5,000 SF
Medical Clinic or Emergency Care Facility 0.5 per 1000 SF
Medical Offices (Mental and Dental) 0.5 per 1000 SF
Mixed/Multiple Permitted Uses on a Lot Parking is calculated for each component use.
Municipal Uses No requirement
Nightclubs, Discotheques & Cabarets 1 space for every 250 SF
Offices 1 space per 1000 SF excluding first 2,500 SF
Operation Facilities for Bus/Taxicab/Ambulance/ 1 space for employee and 1 space for each vehicle used
Limousine in operations
Personal Service Establishment 1 space per 1000 SF, exclude the first 3,000 SF
Places of Worship 1 space per 10 seats or 1 per 1,000 square feet, whichever
is greater
Primary and Secondary Schools 1 space per classroom
Private Clubs 1 space per 500 SF excluding first 2,500 SF
Public Parks, Playgrounds, Gardens, and Open No requirement

Space
Research and Development 1 space per 5000 SF
Restaurants (Take-out, Full Service. Note: All 1 space per 1000 SF, excluding first 3000 SF
restaurant types with exception of those that serve
alcohol)
Self Storage 1 space for 5000 SF
Sexually Oriented Businesses 1 space per 1000 SF
Substance Abuse Treatment Centers 5 spaces per 1000 SF, excluding first 2000 SF
Taxi/Limousine Parking Staging Facilities 1 space for employee and 1 space for each vehicle used
in operations
Theaters – Movie, Cinema, Performing Arts 1 space per five seats for gross floor area larger than
2000 SF
Truck Terminal 1 space per employee on the maximum shift and 1 space
per vehicle operating from the premises
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Urban Agriculture None required unless includes farm stand. 1 space per
farm stand
Automobile Sales 1 space per 2,000 square feet
Automobile Repair & Tire Repair 2 spaces per bay or 300 SF of repair space, whichever is
greater
Automobile Sales and Rentals, Commercial and 0.5 spaces per 1000 SF of lot area
Personal
Vehicle Towing Facility 1 space per employee and 1 space per towing vehicle
Automobile Car Wash 4 queuing spaces per bay for automatic wash; 2 queuing
spaces per bay for self-service
All Veterinary Users 1 space per 1000 SF
Wholesale Bakeries 1 space per 2000 SF
Wind Turbines 1 space. If unmanned, then no parking required.
Accessory Use
Columbaria No additional parking required.
Crematorium, Animal
Crematorium, Human
Parking Area, Private
Home Occupation (accessory to single- and two-
family)
Home Professional Office
Maintenance Buildings (Accessory to Cemeteries)
Mausoleums
Place of Worship (Accessory to Cemeteries)
Power Generation Facilities
Sidewalk Cafe (accessory to permitted restaurant
only)
Outdoor Storage, Portable Storage Units
Sheds and Other Accessory Structures
Solar Energy Systems
Swimming Pools, Private
Sports Courts, Private
Tombstones and Monuments
Wind Energy Systems
*No parking required if 1) Lot has an area of less

than 5,000 square feet and has frontage exclusively
on a collector or arterial street; or 2) Lot is within a
one thousand two hundred (1,200) feet radius of a
light rail, PATH train or NJ Transit station.
1 Convenience retail/service commercial

establishments are permitted on the ground floor
only
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40:7-3. Shared parking 40:7-4. Auto-Share Parking Spaces

The required minimum number of off-street parking
40:7-3-1. A shared parking approach may be spaces for a residential use may be reduced by four
pursued, with the goal of permitting a lower total (4) spaces for each automobile parking space reserved
number of parking space than would be required if as an auto-share parking space, up to a maximum
parking were determined separately for each use. of a 40% reduction in the required minimum number
The following shared parking approach is appropriate of parking spaces in any one surface parking lot or
for a development that includes multiple land uses parking garage.
with different time-of-day and/or time-of-week peak
parking demand periods: 40:7-5. Minimum required off-street loading
spaces for non-residential uses
1. The minimum number of onsite parking spaces
required for weekday and weekend conditions for 40:7-5-1. Requirements for Off-Street Loading
each use and then selecting the maximum number, as Spaces
follows: 1. The number of off-street loading spaces required for
a. Calculate the Base Required Parking number any nonresidential use shall be provided as specified in
which is the minimum number of parking spaces Table 8-5.
required for each component use according to the
multipliers in Tables 8-1 and 8-2. 2. Where a specific use is not listed here, the general
loading space requirement for the use category shall
b. Calculate the Adjusted Required Parking by be applicable.
multiplying the number of Base Parking Spaces
required for each use by the occupancy rate in 3. All area-based standards must be computed on the
Table 3 for each use for the weekday daytime basis of gross floor area.
and nighttime, and for the weekend daytime and
nighttime periods, respectively. Then take the 4. Whenever the calculations of required or maximum
weighted average (according to time) of the sum off-street loading spaces result in a fraction of a
of all the rates. The Adjusted Required Parking loading space, and the fraction is equal to or greater
shall be the weighted average rounded up to the than one-half, the number of required or maximum
nearest whole number. A legal instrument such as a spaces shall be rounded up to the next whole number.
lease, easement or deed restriction that guarantees
access to the parking for both uses, designates 5. Loading spaces are not required in C-2 zones
the time periods under which each use will have except where the property in question has frontage on
rights to count spaces for purposes of the space and access to more than one street.
requirements under Tables 8-1 and 8-2 must be
submitted for approval.
TABLE 7-3: Parking Occupancy Rates

Time Period Residential Commercial Hotel Office Institutional/Civic
Weekday Rates
Daytime (8 am-6 pm) 60% 90% 80% 100% 100%
Nighttime (6 pm- 8 am) 100% 30% 100% 5% 20%
Weekend Rates
Daytime (8 am-6 pm) 80% 100% 80% 5% 20%
Nighttime (12 am- 8 am) 100% 5% 100% 5% 5%
181
TABLE 7-4: Schedule Of Loading Space Requirements

Principal Uses Gross Floor Area (SF) Required Loading Spaces
Multi-Family Residential including Group Living Over 200,000 1
Retail and Restaurants or Eating Establishments 0 to 9,999 0
10,000 to 24,999 1
25,000 to 49,000 2
50,000 to 99,999 3
Over 100,000 4
Office, Hospital or Medical Institution, Public, Civic 0 to 99,999 0
and Institutional 100,000 to 150,000 1
Over 500,001 3
Hotels Fewer than 200 hotel 1
rooms
Greater than 200 hotel 2
rooms
Industrial, Wholesale, Manufacturing, Storage Uses 0 to 9,999 0
10,000 to 49,999 1
Over 50,000 2
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40:7-6. Bicycle parking ratios and standards
40:7-6-1. Required Bicycle Parking Spaces

1. Bicycle parking spaces shall be provided in
accordance with Table 4. No use is required to provide
more than fifty (50) bicycle parking spaces.
2. Space within dwelling units or on balconies may

not be counted toward satisfying bicycle parking
requirements.
TABLE 7-5: Required Bicycle Parking

Multi-Family Buildings
Number of Dwelling Units Minimum Number
of Spaces
Provided in
Bicycle Racks or
Indoor Storage
Fewer than 12 dwelling units 0
12-50 dwelling units 2 spaces
Greater than 50 dwelling units 5 spaces
Non-Residential Uses
Commercial 2 spaces above first
5000 SF
3. Buildings in the Community Commercial (C-2) Zone:

All uses within commercial or mixed-use buildings or
structures within the Community Commercial (C-2
Zone) shall be exempted from the requirements
for off-street parking as specified in either Table 1:
Residential Uses or Table 2: Nonresidential Uses.
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Chapter 8. Requirements for Off-

Street Parking & Loading Areas
40:8-1. Variances and Waivers 40:8-3. Off-Street Parking Lots
Any deviation from a provision of this Chapter which
is identified as a design standard shall require a 40:8-3-1. Design Standards
waiver by the reviewing board from the specific 1. Complete Streets Policy.
design standard. Any other deviation from a standard a.The design and layout of off-street parking lots
contained in this Chapter shall require a variance from shall be reviewed so as to provide an high-quality,
the specific standard in accordance with the Municipal urban, shaded, compact, and walkable design and
Land Use Law. layout.
40:8-2. Parking Location b. Pedestrian, bicycle, and vehicular traffic movement
within and adjacent to the site with particular
40:8-2-1. Zoning Standards emphasis on the provision and layout of pedestrian
1. Except as otherwise expressly provided in this circulation from the public right-of-way to the
Title, required off-street parking, loading, and vehicle development, parking areas, and off-street loading
stacking spaces shall be located on the same lot as and unloading.
the principal use and must have adequate access to a
street or driveway connecting to a street. c. The Central Planning Board shall ensure that
a. Parking spaces should utilize vacant land parking spaces are usable and are safely and
whenever possible and preserve existing vegetation. conveniently arranged. Access to the site from
adjacent roads shall be appropriately designed using
2. When the parking spaces required by this Title Complete Streets standards outlined in the “Urban
are provided off the site, the following additional Street Design Guide” published by the National
regulations shall apply and shall continue so long as Association of City Transporation Officials (NACTO).
the premises are used for such purpose, except that in
lieu of the area originally designated, other equal area d. The site plan shall provide a safe and efficient
may be substituted from time to time: circulation system for the movement of people,
a. Such parking spaces shall be in the same whether on foot, bicycle, or vehicle into, out of,
possession by lease or ownership as the use to and within the site. The circulation system shall
which they are an accessory. have minimum adverse impact on surrounding
b. Such spaces shall conform to all regulations of areas and shall comply with the Complete Streets
the district in which they are located. standards outlined in the “Urban Street Design
c. For all building types except the Industrial Guide” published by the National Association of City
building type described in Chapter 5: Transporation Officials (NACTO).
i. All parking spaces shall be inside the structure
or located at the rear or at one (1) side of that e. Particular attention shall be given to provide for
structure. safe emergency access for fire and police protection,
ii. On-site parking is prohibited in front of a vehicular and pedestrian circulation.
structure or forward of a street-facing facade of
that structure. 2. Sufficient off-street parking shall be required to
iii. Tandem parking arrangements of only up to ensure minimum on-street parking.
two (2) spaces deep are allowable in one-, two-,
or three-family dwellings. 3. Off-street parking areas shall be designed to
iv. In multifamily structures with four (4) or more permit all vehicles to turn around on the site in order
dwelling units, tandem parking arrangements of to prevent the necessity of any vehicle backing onto
up to two (2) spaces deep can only be used if a collector or an arterial street from such site. No
both spaces are assigned to the same dwelling required off-street parking space or maneuvering
unit and shall only count as one parking space.
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Chapter 8. Design Requirements for Off-Street Parking & Loading Areas
40:8-4. Off-Street Structured Parking

space shall be located within the existing or proposed (Freestanding or in Mixed-Use Building)
right-of-way of the street.
40:8-4-1. Zoning Standards
4. Off-street parking shall meet the following 1. Structured parking shall be designed to complement
requirements: Newark’s neighborhoods and streets to create a
pedestrian-friendly environment and aesthetically-
a. The site plan shall provide for sufficient parking pleasing public realm.
spaces, driveways, maneuvering areas and loading
zones. 2. All structured parking and structured parking
garages and structures (referred to here as parking
b. For all automobile parking the minimum space structures) must have a primary pedestrian entrance
shall be eight feet six inches wide and eighteen (18) and exitway facing a public street located at the
feet long. An eight-foot six-inch stall width assumes sidewalk.
a clear space on adjacent stalls of the same
dimension on both sides. If a stall is located with one 3. Facades on all parking structures shall be partially
(1) side adjacent to a wall or high curb, an additional enclosed or screened as follows:
six (6) inches of width is needed. The minimum stall a. First or Ground floor: First floor of parking
width, if walls are on both sides, shall be therefore, structures shall have at least 70% of the façade
nine (9) feet. The use of minimum width of eight (8) elevation enclosed with a wall so that it is not open
feet shall be permitted for attendant type parking. to the exterior. In addition, a minimum of 65%
of ground-floor facade shall be transparent with
c. The stall dimensions are in addition to the required windows or other openings. Decorative exterior
maneuver and access aisles as determined by the materials shall be used for enclsure and screening of
Newark Department of Engineering. In no event shall openings.
the overall layout of the off-street parking area be
conducive to a back-out maneuver onto a collector b. Second floor and above: A minimum of 50% of
or an arterial street. the façade elevation area must be enclosed with a
wall so that it is not open to the exterior. In addition,
d. In any case where a reduction of the required a minimum of 35% of facade shall be transparent
area per parking space is permitted by the Newark with windows or other openings. Decorative exterior
Department of Engineering on the basis of the materials shall be used for enclsure and screening of
developer’s certification that such space will be openings.
fully attended, it shall be set forth in the certificate
of occupancy that paid attendants employed by 4. Parking structures shall not be clad in EIFS or
the owners or operators of such spaces shall be similar materials.
available to handle the parking and moving of
automobiles at all times when such spaces are in 40:8-4-2. Design Standards
use. 1. Public art and/or creative design and color schemes
to make garage façade elevations aesthetically
e. A parking area shall be illuminated and shall be attractive and provocative to the street are encouraged.
shielded to protect motorists on the adjacent or
adjoining residential properties from resulting glare. 2. Parking structures are encouraged to incorporate
green roofs, sustainable materials, solar panels,
5. If parking lifts are to utilized, refer to Chapter 4 and exterior vegetative landscaping features where
Section 6-1. appropriate.
3. New parking structure entrances/exits are

prohibited on arterial streets.
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4. Parking structures, whether stand-alone or be permitted in business, commercial, industrial and

incorporated into a building with other uses, shall not professional areas.
have more than 48 feet in height of exposed elevation
frontage on any residential street. Parking structures c. Parking area designs must provide for shade by
exceeding 48 feet in height must be wrapped with deciduous trees that have or will have when fully
other street-facing uses. mature a trunk at least 12 inches in diameter. New
trees shall be of a type suitable and adaptable to
5. Parking structures with over 450 vehicles shall have planting within a parking lot for shading. Each tree
more than one exit/entry. Second entry/exit to garage shall be capable of shading a circular area having
should be on a different street than the other exit/ a radius of 15 feet with the trunk of the tree as the
entry if feasible. center. There must be sufficient trees so that, using
this standard, 50% of the parking area shall be
6. The permitted and prohibited uses and ground floor shaded within fifteen (15) years after establishment
use standards sections that are in the Permitted Uses of the parking facility.
by District contained in Chapter 4 provide may further
restrictions on the design and placement of structured 2. Only nursery grown planting stock, free of insects
parking. and disease, single-stem and spaced at a suitable
distance to consider growth when reaching maturity,
7. For ground-floor standards for parking structures, shall be used. Narrow evergreen coniferous shrubbery
refer to Chapter 4. Permitted Uses by District. or trees shall be planted four (4) feet on centers (such
as Arborvitae) where used as a screening device.
40:8-5. Off-street parking landscaping Special design effort shall be made to protect, save
and utilize healthy vegetation and trees three (3)
40:8-5-1. Zoning Standards inches or more in caliper.
1. All automobile and truck parking lots whether
public or private, residential, commercial, or industrial 2. All perimeter buffer areas shall comply with Section
parking lots shall be effectively screened by attractive 40:8-1.
decorative landscaping, the purpose of which is to
screen from public view cars and trucks within the 3. Wheelguards shall be constructed for all sites.
parking area. In all parking areas, at least 15% of the These guards shall be positioned to prevent damage to
interior parking area shall be landscaped with plant fencing and landscaping along the property line and to
material reasonably distributed in the lot. ensure pedestrian safety wherever necessary.
a. One pollution-resistant shade or ornamental tree
shall be planted for every five (5) parking spaces. 40:8-5-2. Design Standards
These shall be reasonably distributed in parking 1. Parking lots of more than six (6) vehicles but less
areas and in landscaped areas combined with than twenty (20) vehicles shall provide a buffer of of
shrubbery. The base of each tree shall be left free a hardy (salt-, shade-, and drought-resistant) plants
of pavement for a diameter of not less than five (5) to provide a deciduous or evergreen hedge-forming
feet. The landscaping should be located in protected shrub variety which meets the following standards:
areas, such as along walkways, lot perimeters, in
center islands, at the end of bays or in diamonds a. Such plantings shall not be less than three (3) feet
between parking stalls. Such protected areas shall high at planting.
be constructed so as to prevent damage to plant
material from vehicles. b. Such planting shall be located adjacent to the
parking areas or along all property lines adjacent to
b. Parking of motor vehicles on landscaped areas, such parking areas to buffer lot use, noise, and dust.
on grass, or against trees and shrubbery shall not
186
a diameter of not less than one (1) foot per diameter

c. Such plantings shall be maintained at a height of inch of expected growth.
four (4) feet except where the perimeter of a parking
lot is adjacent to a residential district, the height of c. Each tree shall be capable of shading a circular
such screening shall be six (6) feet and evergreen. area having a radius of 15 feet with the trunk of the
tree as the center. There must be sufficient trees so
d. Such plantings shall not be required in those that, using this standard, 35% of the parking area
instances where a permitted building or other will be shaded. All remaining areas shall be suitably
structure screens such a parking lot. graded and landscaped with grass, ground cover,
trees, shrubs and other suitable plants in a manner
e. Such plantings shall not be permitted within sight most compatible to the area and consistent with the
triangles of driveways. aesthetic considerations of this article.
f. Such plantings may be substituted by a d. At least fifteen percent (15%) of the total parking
combination of plantings and walls or other opaque, area shall be landscaped with appropriate trees,
durable decorative permitted fencing that sufficiently shrubs, ground cover, or other plant materials
screens automobile headlights, provided that opaque within the lot to assure the establishment of a safe
fencing or walls are not placed along a lot line convenient and attractive facility.
bordering a public right-of-way. Chain link fencing
with or without vinyl slats shall not be permitted as a e. At least one (1) tree of not less than two and one-
substitute for such plantings. half (2 1/2) inches caliper of a variety other than
those named in Section 40:16-2-2, shall be provided
2. For parking lots with greater than twenty (20) within such parking lot for each five (5) parking
spaces, the following landscaping requirements in spaces.
addition to those set forth in Section 40:8-4 shall apply:
f. Green “belts,” “islands,” or strips, where appropriate,
a. A minimum of 15% of the area shown on the site shall be provided to guide vehicle movement and to
plan shall be reserved for landscaping, which shall separate opposing rows of parking spaces and to
be reasonably distributed within the area, and which provide adequate space for plant growth, pedestrian
shall include foundation plantings in suitable planting circulation and vehicle overhang. Such street design
beds not less than three feet wide on the front, sides should be wide enough to accommodate two (2)
and rear of any building structure. rows of deciduous trees with a walkway between the
two allowing for pedestrians to safely walk to and
b. Parking areas, 1/10 of the total of such area or from destination. Design shall meet the following
1,000 square feet within each 10,000 square feet requirements:
of paved area, shall be landscaped with planting
material reasonably distributed in the area. i. Such raised planting islands and the landscaping
Landscaping in parking area shall be located in within them shall be designed and arranged so
protected areas, such as along walkways, in center as to provide vertical definition to major traffic
islands, at the end of bays, or in diamonds between circulation aisles, entrances and exits, to channel
stalls. Such protected areas shall be constructed so interior traffic flow, to prevent indiscriminate
as to prevent damage to plant material from vehicles. diagonal movement of vehicles and to provide
One approved shade or ornamental tree shall be cooling shade and visual relief.
planted for every five parking places. These shall
be reasonably distributed in parking areas in any ii. Such plantings shall be maintained at a height of
landscaped areas combined with shrubbery. The four (4) feet.
base of each tree shall be left free of pavement for
187
truck loading area shall be paved and shall include

iii. Curbs of such islands shall be designed so as to turning areas, and shall be so designed as to assure
facilitate surface drainage. ease of mobility, ample clearance and safety of
vehicles and pedestrians.
iv. In lieu of planting islands, five (5) foot by five (5)
foot tree wells may be planted with shade trees c. A parking or truck loading area shall be surfaced
with a minimum caliper of two and one-half (2 with concrete of bituminous cover graded so as to
1/2) inches and minimum height of eight (8) feet prevent an accumulation of water on the surface of
in such positions necessary to effectively guide the areas. In no case shall drainage of any sort be
vehicle movement. These treewells shall have permitted across the public walk into the roadway.
a curb surrounding them and shall incorporate
structural soil under impervious surfaces to equal d. A parking area shall be illuminated and shall be
minimum square footage to sustain the tree at shielded to protect motorists on the adjacent or
predicted maturity size. adjoining residential properties from resulting glare.
3. The selection, amount and location of all landscaping 40:8-7. Bicycle Parking Areas
materials shall be subject to approval by the staff of
the Central Planning Board, and Urban Forester based 40:8-7-1. Design Standards
upon considerations of the adequacy of the proposed
landscaping to serve its intended purpose with minimal 40:8-7-2. Location
maintenance problems including plant care, snow 1. Bicycle racks shall be well integrated into the
removal and leaf removal. pedestrian realm. Racks shall not be permitted on a
public right of way or on the sidewalk of a private road
4. All landscaping shall continue to be maintained in where the rack would limit the pedestrian right of way
a healthy growing condition throughout the duration width to less than six (6) feet.
of the use, building or structure which is intended to
serve. Any planting not so maintained shall be replaced 2. Storage for bicycles may be provided inside a
with new plants promptly. building so long as the following standards are met:
a. Minimum width: Two (2) feet.
5. A maintenance plan shall be submitted and reviewed b. Minimum length: Six (6) feet.
prior to approval and shall be at least 10 years in effect. c. Minimum overhead clearance: Seven (7) feet.
40:8-6 Loading Areas 3. Bicycle spaces must be located on private property

unless the Department of Engineering approves
40:8-6-1. Design Standards location within the public right-of-way.
1. An off-street truck loading stall shall have a minimum
width of ten (10) feet, a minimum length of forty-five 4. Parking racks provided outside of a building shall be
(45) feet and a minimum clear height of fourteen (14) located within a one hundred (100) foot radius of the
feet. primary building entrance.
a. No truck parking or loading shall be located within 5. Racks and other fixtures used to provide required
ten (10) feet of a residential building.
b. Entrances and exits of driveways to a parking or
188
parking must be affixed securely to the ground or a 4. Where the frontage of the lot is too narrow to permit
building, to which a bicycle may be locked or chained. the above distance, the driveway shall be located as
far from the intersection as possible but in no case
40:8-8. Driveway Design Standards any closer than twenty-five (25) feet from a public
pedestrian crosswalk.
40:8-8-1. Design Standards
5. All driveways shall require depressed curb
1. Complete Streets Policy. construction.
a. The design of the driveway shall provide safe
pedestrian movement along the public right-of- 6. All driveways shall conform to all applicable Newark
way and shall comply with the Complete Streets standards. Driveway pavement shall extend to the curb
standards outlined in the “Urban Street Design of the street with which it connects.
Guide” by the National Association of City
Transporation Officials (NACTO). 7. For driveway construction and design, the standards
shall apply as given in Table 8-1, set forth hereinafter:
2. The dimensions of entrances and exit driveways
and interior roads shall be adequate to accommodate 40:8-9. Buffer Zones
the volume and character of vehicles anticipated to Buffer areas shall be required along the entire linear
be using the site, but not wider than necessary to footage of lot lines where a non-residential use or
accommodate the volume and character of vehicles district line abuts a residential use except that where
anticipated to be using the site, but not wider than a new residential use is proposed on a lot adjoining
necessary to accommodate the expected traffic, at a an existing non-residential use or district line, the
speed of fifteen (15) miles per hour. proposed residential use shall provide the buffer.
Buffering requirements shall be as follows.
3. All entrance and exit driveways shall be located
so as to afford maximum safety to, and minimum 40:8-9-1. Design Standards
disruption of, traffic on the street. Buffer zones shall provide a year-round visual screen
Table 8-1: Driveway Dimensions And Locations

Commercial Residential
Driveway Width (feet)
Minimum, one-way 12 10
Minimum, two-way 24 20
Maximums 24 (Two-way) 10 (One-way); 20 (Two-way)
Minimum Driveway Spacing (feet)
From Street Corner
Signalized 50 50
Not Signalized 25 25
Number of Driveways Properties with a frontage of less than 100 feet. should have only
ONE driveway.
Properties with a frontage of more than 100 feet. TWO (2) driveways
shall be permitted on different streets.
189
in order to minimize adverse impacts from a site on

adjacent property or from adjacent areas. 6. Prior to the issuance of a certificate of occupancy,
the applicant or developer of any tract of land or
1. Within a buffer area, a solid and continuous building site shall be required to post a performance
landscape screen shall be planted and maintained. bond to cover the cost of such landscaping which
Planted materials in the buffer zone shall be placed may not have been completed prior to such time as
within the buffer and shall be sufficiently large and the building erected on such tract or site is ready to
planted in such a fashion that a screen at least eight be occupied. The amount of such performance bond
(8) feet high, occupying 50% of the width of the buffer shall be established by the Newark Department of
shall be produced within three growing seasons. Engineering and the Urban Forester. Said bond shall
The buffer may consist of evergreen and deciduous be released only after the total landscaping plan as
plants, natural features, berms, fencing, mounds or previously approved has been completed.
combinations to achieve objectives. A variety of plant
material providing seasonal color and interest should 7. All buffer zones and other areas subject to the
be provided. Possible arrangement of plant material landscaping requirements of this article, including all
include plantings in parallel, serpentine or broken rows. trees, shrubbery, grass and fences located therein,
If planted berms are used, the minimum top width shall shall be properly maintained for a period of 12 months.
be four feet (4) and the maximum side slope shall be The applicant or developer shall post with the City
2:1. The intense density of the buffer screen may be a maintenance bond in an amount equal to 1/2 of
reduced by the Board if it is found that the proposed the total cost of the installation of all landscaping
use is visually attractive and not detrimental to the required by this article. Said maintenance bond shall
appearance of the neighborhing uses. be in addition to any performance bond required. All
plantings which shall fail to survive for a period of 24
2. Within any buffer zone, no use, activity or sign shall consecutive months shall be replaced by the applicant
be established. or developer at their expense. Such replacement shall
be made within 60 days following a written demand
3. Any school use, which shall be required by this for replacement or within such extended period of
article or requested by the governing Board to provide time as may be specified. Such replacement plantings
a buffer zone to separate such use from a residential shall conform to the standards applicable to original
use, shall provide a buffer area, consisting of a strip of plantings as set forth in this article.
land sufficient in width, which shall be landscaped in
accordance with the regulations herein set forth and in
accordance with the shade tree planting specifications
for buffers and with a minimum row of massed
evergreens, deciduous trees and shrubs.
4. In all areas where a buffer zone is required by

this article, permanent curbing shall be installed
simultaneously with the installation of landscaping and
screening for the protection of the buffer zone.
5. Residential sites. Landscaping, grass and shade

tree installation shall be installed in the course of the
development of any residential site in accordance with
the requirements of this article, and in accordance with
the planting specifications.
190
191
Chapter 9. Signs
40:9-1. Regulations premises upon which they are located provided that
1. Exemptions. The following signs shall be exempt the sign is no more than eight (8) square feet and
from all signage requirements: removed within one (1) week of the date of sale or
a. Any public notice or warning required by a valid rental of the property.
and applicable Federal, State, County or local law,
regulation or ordinance. 2. The following methods of measurement shall be
utilized for the purposes of calculating permissible
b. Any sign which is inside a building, not attached signage:
to a window or door, and is not readable from a a. Individual Sign Area Measurements.
distance of more than ten (10) feet beyond the lot i. The area of a sign face (which is also the sign
line of the lot or parcel nearest to where such sign is area of a wall sign or other sign with only one (1)
located. face) shall be computed by means of the smallest
square, circle, rectangle, triangle or combination
c. Seasonally appropriate holiday lights and thereof that will encompass the extreme limits of
decorations with no commercial message. However, the writing, graphic illustration, picture, symbol of
such lighting can only remain for no more than three other display, together with any material or color
(3) months. forming an integral part of the background of
the sign. For purposes of calculating sign area,
d. Traffic control signs on private property, which any illuminated border including those which
meet Department of Transportation standards, and may frame the signage within a window shall be
which contain no commercial message of any sort. included in the sign area calculation and used
to differentiate the sign from the backdrop or
e. Flags of the United States, New Jersey, the City structure against which it is placed. This does not
of Newark, flags of any foreign nation, or other flags include any framework, bracing or decorative fence
with purely non-commercial purposes. or wall when such fence or wall otherwise meets
zoning regulations and is clearly incidental to the
f. Pump mounted fuel price informational signs sign itself.
subject to the following:
i. Only one (1) fuel price informational sign shall be ii. No wall or canopy sign shall have more than two
permitted per fuel pump nozzle. (2) display faces. When a sign has two (2) display
ii. Fuel price informational signs shall be limited in faces such that both faces cannot be viewed from
size to an area of two hundred sixteen (216) square any one (1) point at the same time, the sign’s area
inches in accordance with State and Federal shall be computed by the measurement of the
regulations. larger of the two (2) faces.
iii. Each fuel price informational sign shall be
affixed directly and firmly to a fuel pump and shall b. Glazed Area. Any glazing in doorways shall be
be stationary. considered part of the glazed area. For purposes
iv. Nothing herein shall be construed to prohibit of calculating window signs, a window shall be
the advertisement of fuel prices on any other sign considered the glazed area. Signs which are required
meeting the requirements of this section. by County, State, or Federal agencies shall be
exempt from calculation of permanent signage.
g. US Postal Regulation mailboxes.
c. Measurement of Height. The height of a
h. Political signs provided that they fully comply monument sign shall be computed as the distance
with Section 29:22-1 et seq. of the Revised General from the base of the sign at normal grade to the
Ordinances of the City of Newark. top of the highest attached component of the sign.
Normal grade shall be considered to be the lower of
i. One (1) sign advertising the sale or rental of the the existing grade prior to construction of the newly
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Chapter 9. Signs
established grade after construction, exclusive of any any part moving, mobile, revolving and/or electrically
filing, berming, mounding or excavation solely for the or mechanically activated.
purpose of locating the sign. In cases in which the
normal grade cannot reasonably be determined, the g. No sign shall be allowed with the optical illusion of
sign height shall be computed on the assumption movement by means of a design which presents a
that the elevation of the normal grade at the base of pattern capable of reverse perspective, or giving the
the sign is equal to the elevation of the nearest point illusion of motion or changing copy.
of the crown of a public road or the grade of the land
at the principal entrance to the principal structure on h. No signs shall be allowed that are placed on or
the lot, whichever is lower. affixed to vehicles and/or trailers which are parked
on a public right-of-way, public property or private
3. Sign Prohibitions for All Districts: property so as to be visible from a public right-of-
a. Billboards shall be prohibited except as permitted way, where the apparent purpose is to advertise
by conditional use in Section 40:4-8 of the Municipal a product, service or activity or direct people to a
Code of the City of Newark. business or activity. This is not intended, however, to
prohibit signs placed on or affixed to vehicles, buses
b. No signs shall be placed on municipal fences, or trailers where the sign is incidental to the primary
walls, railway or road bridges, bridge supports or use of the vehicle or trailer. The vehicle shall remain
abutments, retaining walls, parking meters or water in fully operable condition and be driven or moved by
towers unless approved by the City Council. Signs on its own power at least once per week.
trees and utility poles are prohibited.
i. No sign shall be allowed which obstructs any
c. No roof signs, also known as “sky signs,” mounted window or door opening to the point of jeopardizing
above the roofline of a building shall be permitted. public safety. Additionally, no sign shall obstruct
the view of any building’s existing decorative
d. Office buildings of twelve (12) stories or more with architectural features.
signs indicating the address or owning company’s
name or trademark image may be placed below the j. No sign shall be allowed which obstructs the view
parapet line and above the top floor row of windows of vehicle operators or pedestrians entering a public
and shall be no more than fifty (50%) percent of roadway from any parking area, service drive, public
the building width. Such signs shall be limited to driveway, alley or other thoroughfare.
business identification for the principal tenant or
owner, who must occupy at least forty (41%) percent k. No building sign shall project more than four (4)
of the building’s total floor area. Such signs shall feet from the building face.
be limited to one (1) tenant/owner per building and
one (1) sign per building elevation. Such signs shall l. Awnings made of translucent material of any type
be prohibited in the Downtown Business District are prohibited.
on buildings under one hundred ten (110) feet in
height. Such signs shall be prohibited on key and 4. The following signs and standards and conditions
contributing historic buildings in historic districts that govern such signs are set forth in the sign matrix.
as well as on individually landmarked buildings in All other signs are expressly prohibited. The following
all districts. Such signage shall not have a negative design standards shall apply:
effect on any historic structure.
a. Signs shall be in harmony and consistent with
e. No sign shall be placed on an accessory building. the architecture of the building and related to the
features of the building in terms of location, scale,
f. No sign shall be lighted by means of a varied color, lettering, materials, texture and depth. Signs
illuminated light, nor shall any sign be in whole or in shall not be dominant but shall be proportionate and
193
shall complement the building, existing signs and i. The width of signs mounted on the ground floor for
surroundings. any nonresidential or non-industrial use may be one
hundred (100%) percent of the width of the portion
b. There shall be consistent sign design throughout of the wall area dedicated to the applicable use if
a particular project. The design elements include that width is less than thirty (30) feet, or seventy-five
style of lettering, construction materials, size and (75%) percent if the relevant width is thirty (30) feet or
illumination. greater.
c. Building signs shall not obscure, conflict with, or 5. Nonconforming Signs

cover any architectural element and must be aligned a. No nonconforming sign may be enlarged
with major building elements such as windows, trim or altered in a way which would increase its
and structure lines. nonconformity. Existing nonconforming permanent
signs may continue to exist; however, when the sign
d. No sign shall extend or project above the highest is modified in either shape, size, illumination, material,
elevation of the wall to which it is attached or or structure, the sign shall be altered to conform to
above the lowest part of the roofline of the building, the provisions of this section.
whichever is less.
b. Should any nonconforming sign be damaged for
e. Illuminated Signs any reason by any means to an extent of more than
i. Channel lettering is permitted in all business fifty (50%) percent of its replacement cost at time
and industrial districts. Other types of internally of damage, it shall not be reconstructed except in
illuminated signs shall only be permitted in the C3 conformity with the provisions of this section. (Ord. 6
Regional Commercial zoning areas. PSF-A(S), 7-14-09 Exh. A; Ord. 6 PSF-F, 3-17-10 § 1)
ii. Signs lit by external sources shall be allowed,

but shall be located in such a manner so as to
avoid any glare on adjacent properties. Sources
of sign illumination shall consist of spotlamps or
“gooseneck” lamps, or similar lighting fixture.
iii. External lights used for the illumination of any

sign mounted on a building, whether or not such
light fixtures are attached to or separate from the
building, shall comply with the relevant lighting
standards enumerated in Section 40:16-6-2.
h. Signs and sign structures of all types shall be

located to allow a clear, unobstructed line of sight for
three hundred (300) feet from the stop line of any
intersection of streets and/or driveways, traffic signal
or traffic directional sign in the intersection.
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Chapter 9. Signs
40:9-2. Signage design and measurement requirements

1. All signs shall comply with the standards enumerated in the table below:
Table 9-2: Signage Design And Measurement Requirements

Signage Type Maximum Total Area Maximum Maximum Height Other Requirements
(SF) Number of sign (feet)
Single-, Two-, and Three-Family Dwelling

Wall Sign 1 1 Not to be located Home occupation or
above the first floor profession only. (Address
on the building. numbers are exempt.)
Town Houses and Row Houses; Low-, Mid- and High-Rise Residential
Wall Sign 20 SF 1 per street Not to be located Identification only.
frontage for above the first floor
complex on the building.
OR
Monument 25 SF 1 per street 5 feet including Monument signs shall only
frontage base be permitted in front of
principal structures with a
minimum 25 foot setback.
Allowable signs shall be set
back at least 5 feet from
property line.
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Ground-floor commercial with commercial or residential above

Wall Sign 10% of the wall area 1 Not to be located
but no greater than 70 more than 4 feet
square feet. above the lintel line
on the building.
Projecting 6 SF 1 n/a May project a maximum of
4 feet from the building.
Minimum distance between
the ground and the bottom
of the sign is 8 feet; Sign
must be hung by brackets
at right angles to the
façade.
Window No more than 10% of n/a n/a
glazed area for signs.
Awnings To be used in lieu of wall n/a n/a Awnings, which are not
signs, subject to same internally lit, may be used
conditions. to display signage in lieu
of a wall sign. However, an
awning with no signage
but for the name, address
and phone number on the
fringe of the awning with
lettering no greater than 8
inches high may be used in
addition to a wall sign.
A minimum letter height of
12 inches shall be used.
Secondary May have one wall, n/a n/a A minimum letter height of
façade on projecting or awning 12 inches shall be used.
corner lots sign of prescribed
dimensions.
Window sign 25% of the total glazed 1 per street Signs may be A sign for a commercial
(above ground area of the windows frontage located in the use above first level may be
level) applicable to the use. windows of the installed at the second of
second or third third level.
levels of a building.
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Chapter 9. Signs

Detached Commercial
Wall Sign 10% of the wall area 1 Not to be located
but no greater than 70 more than 4 feet
on the building.
Projecting 6 SF 1 n/a May project a maximum of
4 feet from the building.
Minimum distance between
the ground and the bottom
of the sign is 8 feet; Sign
must be hung by brackets
at right angles to the
façade.
Window No more than 10% of n/a n/a
glazed area for signs.
Awnings To be used in lieu of wall n/a n/a Awnings, which are not
signs, subject to same internally lit, may be used
conditions. to display signage in lieu
of a wall sign. However, an
awning with no signage
but for the name, address
and phone number on the
fringe of the awning with
lettering no greater than 8
inches high may be used in
addition to a wall sign.
Monument 25 SF 1 per street 5 ft including base Monument signs shall only
frontage be permitted in front of
principal structures with a
minimum 25 foot setback.
Allowable signs shall be set
back at least 5 feet from
property line.
A minimum letter height of
12 inches shall be used.
Secondary May have one wall, n/a n/a A minimum letter height of
façade on projecting or awning 12 inches shall be used.
corner lots sign of prescribed
dimensions.
Wall Sign 100 SF 1 per street n/a
frontage
197

Supplemental 4 SF 1 per entryway No higher than 3 Subject to historic district
Wall Sign feet above the top requirements, in addition to
of the door at the a wall sign or monument
entrance to the sign, one supplemental wall
building. sign at each entrance to the
primary structure may be
installed. A minimum letter
height of 12 inches shall be
used.
Mixed-Use Building up to Three Stories

Window sign 25% of the total glazed 1 per street Signs may be A sign for an office use
(above ground area of the windows frontage located in the above first level may be
level) applicable to the use. windows of the installed at the second of
second or third third level.
levels of a building.
Funeral Home or Mortuary

Wall Sign 10 SF 1 per street Not to be located One wall sign or monument
frontage more than 4 feet sign per street frontage
above the lintel line may be installed.
on the building.
Automotive Service; Automotive Sales and Repair
Wall Sign 10% of the wall area 1 per street Not to be located
but no greater than 50 frontage more than 4 feet
on the building.
Monument 25 SF 1 per street 5 feet Monument signs shall only
frontage be permitted for buildings
with a minimum 25 foot
setback. Allowable signs
shall be set back at least 5
feet from property line.
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Chapter 9. Signs

Self Storage
Wall Sign 10% of the wall area 1 per street n/a
but no greater than 50 frontage
square feet.
Monument 25 SF 1 per street n/a Monument signs shall only
feet from property line..
All other industrial uses

Wall Sign 10% of the wall area 1 per street n/a
but no greater than 50 frontage
square feet.
Monument 25 SF 1 per street 5 feet Monument signs shall only

feet from property line.
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Chapter 10. Historic sites

& districts
40:10-1. Title intended for the shelter, business, housing or enclosing
This Chapter shall be known as and may be cited as of persons, animals, or property.
the Newark Landmarks and Historic Preservation
Regulations. Certificate of Appropriateness shall mean a
document attesting that proposed work within a
40:10-2. Definitions historic district or affecting a landmark building,
structure, object, site or landscape feature has been
Administrative Officer shall mean the Historic reviewed and deemed appropriate and consistent with
Preservation Officer. In the event that the Historic the purpose of this Chapter by the Newark Landmarks
Preservation Officer is not appointed, the Director of and Historic Preservation Commission.
City Planning or his/her designee shall serve as the
Administrative Officer. Certificate of No Effect shall mean a document
attesting that proposed work within a historic district
Alteration shall mean any act or process that in or affecting a landmark building, structure, object,
any way effects a change in the design or outer site or landscape feature has been reviewed by the
appearance of a building, structure, object or site, or Historic Preservation Officer and has been deemed
any part thereof. not detrimental to the historic district or landmark on
which the work is to be done or neighboring buildings,
Application shall mean an application form and all structures, objects, sites or landscape features.
accompanying documents submitted for approval of a
permit for alteration, repair, reconstruction, demolition Commission shall mean the Newark Landmarks and
or relocation of a designated historic site, building, Historic Preservation Commission.
structure or object, or improvement within a designated
historic district or review of a development application Construction shall mean the act of: (a) adding an
concerning same. addition to an existing building or structure; (b) the
erection of a new principal or accessory building or
Archaeological shall mean the science or study of structure on a lot or property; or (c) alterations.
the material remains of past life or activities and the
physical site, location, or context in which they are Days shall mean calendar days.
found, as delineated in the Department of Interior’s
Archaeological Resources Protection Act of 1979. Demolition shall mean the dismantling or razing of all
or part of any historic site or landscape feature of or
Architectural shall mean relating or conforming to the any improvement in a historic district.
rules of Architecture; having or conceived as of having
a single unified overall design, form, or structure. Development shall mean the division of a parcel of
land into two (2) or more parcels, the construction,
Architectural Feature shall mean the architectural reconstruction, conversion, structural alteration,
style, design, general arrangement and components of relocation or enlargement of any building or other
all the surfaces, including but not limited to the kind, structure or of any mining excavation or landfill,
texture and color of the building material, and the type and any use or change in the use of any building or
and style of all windows, doors, lights, signs and other structure, or land or extension of use of land, for which
features appurtenant to such improvement. permission may be required pursuant to this Title.
Building shall mean any structure, part of a structure, Historic District shall mean one (1) or more historic
extension thereof, or addition thereto having a roof sites and intervening or surrounding property
supported by columns, posts, piers, or walls and significantly affecting or affected by the quality and
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Chapter 10. Historic Sites and Districts
character of the historic site or sites. Reconstruction shall mean the act or process of
reproducing by new construction the exact form and
Historic Tree shall mean a tree that has been found details of a vanished building, structure, or object or
to be of notable historic interest to the City because part thereof, as it appeared at a specific period of time.
of its age, type, size or historic association and which
has been so designated and that designation has been Rehabilitation shall mean the act or process of
officially made and promulgated as part of the official returning an improvement to a state of utility through
records of the municipality, county, or state. repair or alteration which makes possible an efficient
contemporary use while preserving those orations or
Historic Registry shall mean a listing of all historic features of the improvements which are significant to
sites, buildings, districts or structures within the City of historical, architectural and cultural values.
Newark as recorded by the City Clerk.
Relocation shall mean any removal or relocation of a
Historic Site shall mean any real property, building, structure or improvement on its site or to another site.
manmade structure, natural object or configuration
or any portion or group of the foregoing of historical, Responsible Person shall mean any person or
archaeological, cultural, scenic or architectural persons having such right to, title to, or interest in any
significance. property or improvement so as to be legally entitled,
upon obtaining the required permits and approvals
Improvement shall mean any building, structure, work from City agencies, to perform with respect to such
of art or other object installed upon real property or property or improvement any demolition, construction,
any part of such improvement. reconstruction, alteration, restoration or other work
as to which such person seeks the authorization or
Minor Application shall mean an application for approval of the Commission.
approval of actions on a designated historic site,
building, structure or object which consists of ordinary Restoration shall mean the act or process of
maintenance and repair as defined herein. accurately recovering the form and details of an
improvement by the removal of later work and/or by
Object shall mean anything constructed, fabricated or the reconstruction of missing earlier work.
created, the use of which does not require permanent
or semi-permanent location on or in the ground. Stabilization shall mean the act or process of
applying measures designed to reestablish a weather-
Ordinary Maintenance shall mean the repair or resistant enclosure and the structural stability of an
renewal of deterioration, wear or damage to a structure unsafe or deteriorated building, object, site, structure or
or improvement in order to return same, as nearly as landscape feature while maintaining the essential form
practicable, to its condition prior to the occurrence of as it exists at present.
such deterioration, wear or damage with materials and
workmanship of the same quality and appearance of Structure shall mean a combination of materials
the structure or improvement. to form a construction for occupancy, use or
ornamentation whether installed on, above, or below
Reasonable Return shall mean on the average rate the surface of a parcel of land. Structure includes, but
of return for properties similar to and in the same area is not limited to, buildings, signs, fences, tanks, towers,
as the improvement parcel under consideration for the poles, walkways, driveways, streets and roads.
purposes of this Chapter for the year proceeding the
application as arrived at through certified appraisals,
records of sale, and any other research.
201
40:10-3. Criteria For Designation most importantly associated with a historic person or
event; or
40: 10-3-1. As stated in the U.S. Department of the
Interior’s National Register Criteria for Evaluation, 3. A birthplace or grave of a historical figure
promulgated pursuant to 16 U.S.C.A. Sec. 470a, the of outstanding importance if there is not other
following criteria shall be used by the Commission for appropriate building, structure or site directly
its review for designation of historic sites, buildings and associated with his or her productive life; or
districts: the quality of significance in National, State
or municipal history, architecture, archaeology, and 4. A cemetery which derives its primary significance
culture if present in districts, sites, buildings, structures, from graves of persons of transcendent importance,
and objects that possess integrity of location, from distinctive design features, or from association
design, setting, materials, workmanship, feelings, and with historic events; or
association and:
5. A reconstructed building when accurately executed
1. That are associated with events that have made a in a suitable environment and presented in a dignified
significant contribution to the broad patterns of our manner as part of a restoration master plan, and
history; or when no other building or structure with the same
association has survived; or
2. That are associated with the lives of persons
significant in the past; or 6. A property primarily commemorative in intent if
design, age, tradition, or symbolic value has invested it
3. That embody the distinctive characteristics of a type, with its own historical significance; or
period, or method of construction or that represent the 7. A property achieving significance within the past fifty
work of a master, or that possess high artistic values, (50) years if it is of exceptional importance.
or that represent a significant and distinguishable
entity whose components may lack individual 40:10-4. Procedures Of Designation
distinction; or
40: 10-4-1. Any interested party may nominate a
4. That has yielded, or may be likely to yield, historic landmark or district for local designation. All
information important in prehistory or history. applications for nomination shall be submitted to the
Division of City Planning. The application form shall be
40: 10-3-2 Ordinarily cemeteries, birthplaces, or the National Register of Historic Places Registration
graves of historical figures, properties owned by Form, including all necessary attachments. The
religious institutions or used for religious purposes, Administrative Officer shall review the application for
structures that have been moved from their original completeness.
locations, reconstructed historic buildings, properties
primarily commemorative in nature, and properties that 40: 10-4-2. The nomination shall be presented initially
have achieved significance within the past fifty (50) to the Historic Preservation Commission, followed by
years shall not be considered eligible for nomination; the Central Planning Board and then the City Council;
however, such properties will qualify if they are integral however, in any case, a nomination must be reviewed
parts of districts that do meet the criteria or if they fall and approved by all these bodies in order to be
within the following categories: designated as a local landmark.
1. A religious property deriving primary significance 40: 10-4-3. Districts and landmarks already listed on
from architectural or artistic distinction or historical the National or State Register of Historic Places as of
importance; or May 30, 2007 shall automatically be designated a local
landmark. The complete list is included as Exhibit A.1
2. A building or structure removed from its original
location but which is significant primarily for 1
Editor’s Note: Exhibit A, referred to herein, may be
architectural value, or which is the surviving structure found on file in the office of the City Clerk.
202
40:10-5. Uses Of Designated Properties 40: 10-7-2. A permit issued by the Administrative
Officer shall be required for any of the following
40: 10-5-1. Nothing contained herein shall affect the actions to proceed regarding a designated historic site
present legal use of the designated property. or for any improvement within a designated historic
district:
40: 10-5-2. Use classifications and bulk restrictions
as to all such property shall continue to be governed 1. Rehabilitation, restoration, reconstruction, repair
by the general zoning ordinance of the City of Newark or alteration or change to any part of the exterior of
and the procedures established therein. a building, structure or site, including repainting and
residing, if visible from a public street.
40: 10-5-3. In no case, however, shall any use be
permitted which requires demolition, relocation, or 2. Additions to a building, structure or site, or within a
alteration of a designated historic building, structure, district if visible from a public street;
site or within a designated district so as to adversely
affect its character except upon compliance with the 3. Relocation of a historic site or within a district;
terms of this Article.
4. Demolition of a historic site or within a district;
40: 10-5-4. Each designated historic site or district
may be marked by an appropriate plaque in such form 5. New construction on a historic site or within a
as the Commission shall promulgate by regulation. district;
40:10-6. Removal Of Designation 6. Change in use of a historic site or within a district

if such change effects a change in the exterior
40: 10-6-1. Upon recommendation of the Commission appearance of the site or improvement.
based upon new and compelling evidence and
negative evaluation according to the same criteria 7. Work within the root zone of an Historic Tree without
and following the same procedures set forth herein preservation methods.
for designation, a determination may be made by the
Commission to remove designation of a historic site or 40: 10-7-3. All applications for permits pertaining
district. to designated historic sites or improvements in
designated Historic Districts shall be referred to the
40: 10-6-2. Such a determination must receive five Commission for a written report and decision on the
(5) favorable votes, i.e., the majority of the Commission application of the provisions of this Chapter thereto.
membership.
40:10-8. Actions Not Requiring Review
40: 10-6-3. A historic site or district shall not be
removed from the historic registry of the City of 40: 10-8-1. Changes to the interior of structures;
Newark without consideration of the recommendation
by the Commission and must be effected by ordinance 40: 10-8-2. Changes not visible to the public from a
adopted by simple majority of the Municipal Council. public street.
40:10-7. Actions Requiring Review 40:10-9. Emergency Repairs
40: 10-7-1. No building permit shall be issued or 40: 10-9-1. In the event an Act of God or any other
amended nor shall any construction, alteration, ordinary unexpected event shall cause the responsible
maintenance or repairs, or repairs or demolition be person the need for immediate issuance of a permit
started on a designated historic building, structure or to commence to stabilize, secure, repair or protect
site, or within a designated historic district, prior to a designated historic site or any improvement in a
review by the Commission. designated historic district damaged from such event,
and the Construction Code Official certifies the
203
immediate necessity for such issuance, an approval of balusters, porch frieze, projecting elements, doors and
a permit may be issued in accordance herewith. bays shall be included with the application if available.
40: 10-9-2. Upon notice to the full Commission by 3. If such drawings are not available, the Commission
telephone, personal contact or other appropriate shall have the right to require whatever documentation
means of communication, at least three (3) members of the work to be performed as is necessary to make
of the Commission shall convene as soon as possible an informed decision.
and such convening members shall proceed to review
the current conditions for which the emergency 4. For all structures, a detailed narrative description of
powers of this Chapter have been invoked. Subsequent the proposed scope of work (construction, alterations,
to review, an approval may be issued upon a majority repair, restoration, etc.).
vote of the members convened. This approval will
only apply to work which is deemed necessary for 5. Current photographs of the improvement.
stabilization, securing, repair or protection of the
historic site or improvement in a historic district. 6. Specification sheets listing all materials to be used
including catalogue lot sheets, sample paint chips, etc.
40: 10-9-3. All other work subsequent to this must
be submitted for review by the Commission under the 40: 10-11-3. The Historic Preservation Officer shall
application procedures found in Section 40:9-11, et seq., forward the complete application to the Commission
of this Chapter. for its report, except in those instances described
herein where the Chairperson of the Commission may
40:10-10. Informal Review issue the approval.
If work which would require a permit is to take place
on a building, structure or site, or within a district, 40:10-12. Commission Review Of Development
which has already undergone a Commission hearing And Zoning Applications
and has been recommended for designation as a
historic site or district, but has yet to be reviewed by 40: 10-12-1. The Central Planning Board and Board
the Municipal Council, the applicant shall follow the of Adjustment shall make available to the Commission
same procedure herein set forth for property already every application for development submitted to either
designated at which point the Commission may make board for development in historic zoning districts or on
recommendations as to the appropriateness of the historic sites designated on the zoning or official map
work and its impact on this historic fabric of the site or or identified in any component element of the master
district. plan.
40:10-11. Application Procedures 40: 10-12-2. This referral shall be made when the
application for development is deemed complete or is
40: 10-11-1. Persons seeking to undertake actions scheduled for a hearing, whichever occurs sooner.
requiring review as per the provisions of this
Chapter must submit a completed application to the 40: 10-12-3. The Commission may provide its advice,
Commission. which shall be conveyed through its delegation of one
of its members or staff to testify orally at the hearing
40: 10-11-2. A complete application shall consist of: on the application and to explain any written report
which may have been submitted.
1. A completed application form.
40: 10-12-4. If a recommendation of the Commission
2. For all structures and additions thereto, architectural is rejected, the Central Planning Board or Board of
drawings or rendering of details of the exterior of Adjustment, as the case may be, shall include the
the structure, including but not limited to: cornices, reasons for rejecting the recommendation in the
brackets, windows/fenestration, brickwork, mortar, findings of its decision on the application.
window trim and moldings, heads and sills, porches,
204
40:10-13. Commission Review Of Application For 40: 10-13-6. The Commission may advise the
Permits Administrative Officer or the applicant, as the case
may be, and make recommendations with regard to
40: 10-13-1. At the request of any person seeking the appropriateness of the proposed action. These
to undertake actions requiring review as per the recommendations may become part of the conditions
provisions of this Chapter, the Commission shall for approval of an application or the basis for the
schedule a hearing on his or her application. The rejection of an application.
applicant shall not be required to appear or to be
represented at the meeting in which the application is 1. If an application is approved with or without the
being considered. imposition of conditions, a permit shall be issued
promptly.
40: 10-13-2. Completed applications for approval
of a permit shall be submitted to the Administrative 2. If the Commission disapproves an application, the
Officer a minimum of fourteen (14) days prior to a Administrative Officer shall issue the permit and the
Commission’s regularly scheduled meeting. Commission shall state its reasons in writing to the
applicant within fourteen (14) days of such decision.
40: 10-13-3. Applications for minor alterations and
ordinary maintenance and repair may be reviewed 40: 10-13-7. An approval shall be valid for a period of
by the Historic Preservation Officer who, at his or one (1) year from the date of issue unless reasonable
her discretion may issue a Certificate of No Effect, extensions are granted by the Commission. Requests
may require additional submittal information and/or for extensions shall be made by written request and
refer the application to the Commission upon being shall rest in the sound discretion of the Commission.
deemed complete. In making such a determination the
Historic Preservation Officer shall consider factors, 40:10-14. General Standards
including, but not limited to the effect of the proposed
work in creating, altering, destroying or affecting 40: 10-14-1. The following standards, The Secretary
the architectural features of the landmark building, of the Interior’s Standards for Rehabilitation and
structure, object, site or landscape feature upon which Guidelines for Rehabilitating Historic Buildings,
such work is to be done and the relationship between promulgated pursuant to 16 U.S.C.A. Sec. 470a, shall
the results of such work and the architectural features guide the Commission’s and Central Planning Board’s
of neighboring buildings, structures, objects, sites decision/making concerning all applications and
and landscape features. In appraising such effects approvals described herein.
and relationships, factors of aesthetic, historical and
architectural values and significance, architectural 1. New additions, exterior alterations, or related new
style, design, arrangement, texture, material and color construction shall not destroy historic materials that
in addition to any other pertinent matters shall be characterize the property. The new work shall be
considered. differentiated from the old and shall be compatible
with the massing, size, scale and architectural features
40: 10-13-4. For all applications not issued a to protect the historic integrity of the property and its
Certificate of No Effect, the Commission shall render environment.
a decision within forty-five (45) days the application is
deemed complete. If approved, such approval shall be 2. New additions and adjacent or related new
known as a Certificate of Appropriateness. construction shall be undertaken in such a manner
that if removed in the future, the essential form and
40: 10-13-5. If the Commission should fail to act integrity of the designated historic property and its
within forty-five (45) days, the permit shall be deemed environment would be unimpaired.
approved. Nothing herein shall prohibit an extension of
time by mutual agreement between the applicant and 3. Construction of historic designs that were never built
the Commission. shall not be undertaken.
205
4. New additions, alterations or new construction in 13. Significant archaeological resources shall be
a historic landscape shall be visually differentiated protected and preserved. If such resources must be
from the old and shall be compatible with the historic disturbed, mitigation measures shall be undertaken.
character of the landscape.
40:10-15. Standards For Protection
5. Replacement of missing historic plant material
or vegetation features shall be substantiated by 40: 10-15-1. Before applying protective measures,
documentary or physical evidence. The replacement which are generally of a temporary nature and imply
plant material or features shall match the historic future historic preservation work, an analysis of the
appearance, function and where possible, species or actual or anticipated threats to the property shall be
variety. made.
6. A property shall be used for its historic purpose, 40: 10-15-2. Protection shall safeguard the
or shall be placed in a new use that requires minimal physical condition or environment of a property or
change to the defining characteristics of the property archaeological site from further deterioration or
and its environment. damage caused by weather or other natural, animal or
human intrusions.
7. The historic character of a property shall be retained
and preserved. The removal of historic materials, 40: 10-15-3. If any historic material or architectural
vegetation, or alteration of features and spaces that features are removed, they shall be properly recorded,
characterize a property shall be avoided.  and, if possible, stored for future study or reuse.
8. Each property shall be recognized as a physical
record of its time, place and use. Changes that create 40:10-16. Standards For Stabilization
a false sense of historical development, such as adding
conjectural features or historic features from other 40: 10-16-1. Stabilization shall reestablish the
properties shall be avoided. structural stability of a property through the
reinforcement of load bearing members or by arresting
9. Most properties change over time; those changes material deterioration leading to structural failure.
that have acquired historic significance in their own Stabilization shall also reestablish weather resistant
right shall be retained and preserved. conditions for a property.
10. Distinctive materials, features, finishes 40: 10-16-2. Stabilization shall be accomplished in
and construction techniques or examples of such a manner that it detracts as little as possible
crafeetsmanship that characterize a property shall be from the property’s appearance. When reinforcement
preserved. is required to reestablish structural stability, such
work shall be concealed wherever possible so as
11. Deteriorated historic features shall be repaired not to intrude upon or detract from the aesthetic
rather than replaced. Where the severity of and historical quality of the property, except where
deterioration requires replacement of a distinctive concealment would result in the alteration or
feature, the new feature shall match the old in design, destruction of historically significant material or
color, texture and other visual qualities and, where spaces.
possible, materials. Replacement of missing features
shall be substantiated by documentary or physical 40:10-17. Standards For New Construction
evidence.
40: 10-17-1. In considering whether to approve or
12. Chemical or physical treatments, such as disapprove an application for new construction on
sandblasting, that cause damage to historic materials a designated historic site or in a designated historic
or vegetation shall not be used. The surface cleaning district, the Commission shall be guided by standards
of structures, if appropriate, shall be undertaken using of the Secretary of the Interior and the following visual
the gentlest means possible. compatibility standards.
206
40: 10-17-2. New construction need not replicate significance.

historic older buildings or structures, but may reflect
contemporary design standards so long as the design 7. Relationship of Major Exterior Building Materials:
and construction is compatible with surrounding The major exterior building materials on the façade
historic structures. Building height, width, mass and of a building or on a structure should reflect the
proportion affect the degree of compatibility between predominant major building materials existent on the
the old and the new. façades of historically significant buildings and on
structures in the surrounding environment.
1. Site and Setting: A developer intending to utilize
historic resource as a part of a development must 8. Roof Forms: The roof form and slope of a building
consider the context of the resource’s original site or structure is a major element in the visual image of
by honoring the original historic intention of the the building. Therefore designers must take care to
resource and integrating it respectfully into the new honor paradigmatically in new construction the existing
development. historic roof forms and slopes so as not to violate the
aesthetic harmony of the whole.
2. Building Height: Height should be visually
compatible with adjacent buildings. The apparent 9. Rooftop Mechanical Structures and Rooftop
physical size, scale and height should relate to existing Structures. Applications for the addition of rooftop
resources. mechanical structures, egress, mechanical bulkheads,
utilitarian skylights or additions consisting of living
3. Openings on Frontal Façades: The width and height space shall only be granted if such structures comply
of windows, doors, and entries must harmonize in scale with the historic zoning regulations contained in
and proportion with the width and height of windows, Chapter 40:9 of this Title, as well as with the following
doors, and entries of buildings and structures of requirements:
historic significance in the surrounding environment. a. If the roof of the subject building on which such
an addition is being proposed is not a significant
4. Relationship of Unbroken Planes to Void (i.e. feature of its design;
Punctured Planes) in Front Façades: The relationship b. If the addition is not visible from a public
of unbroken planes (i.e. walls) to voids (i.e. windows thoroughfare or right-of-way;
and doors) on the façade of a building or structure c. If the building on which the addition is proposed
should be aesthetically harmonious with that of does not possess a significant roof silhouette and
buildings and structures of historic significance in the where such addition does not interrupt the roof or
surrounding environment. skyline;
d. If the materials of the addition are not in the
5. Relationship of Vacant Land to Buildings/Structures: nature of utilitarian rooftop additions and if they are
The relationship of a building or structure to the vacant architecturally consistent with the existing roofscape;
land between and adjoining buildings or structures e. The addition does not adversely affect the unified
should not violate the existing paradigmatic spatial aesthetic of historic buildings in the district of which
relationship of historically significant structures to the the subject building is a part;
vacant land between said structural projects can be f. Where the historic building on top of which the
varied in form by using setbacks to create open spaces addition proposed is located is in or adjacent to a
and landscaping when desirable to provide harmonious historic residential district such features shall be set
visual transitions between new construction and the back from the edge of the roof at least one (1) foot
adjacent historic properties. for each one (1) foot by which such features project
above the roofline. However, no setback shall be
6. Relationship of Exterior Projections to the Street: required where the parapet wall is at least as tall as
The relationship of exterior projections to the street in the rooftop mechanical structure.
new construction should be aesthetically harmonious
with the relationship of exterior projections to the 10. Continuity in Visual Imagery of Appurtenances:
street in the surrounding existing buildings of historic Appurtenances of a building or structure such as walls,
207
fences and landscaping shall honor the relationship of 40:10-19. Standards For Demolition
appurtenances to buildings of historic significance in
the surrounding environment. 40: 10-19-1. A permit to demolish a designated
historic site or an improvement in a designated historic
11. Scale of Buildings: Scale of buildings and structures district must receive five (5) favorable votes, i.e., the
shall be in scale with the buildings and structures of majority of the Commission membership.
historic significance.
40: 10-19-2. In considering whether to approve
12. Signage: Signs which are out of keeping with the or disapprove an application for a permit to
character of the environment in question should not demolish a designated historic site, historic tree,
be used. Excessive size and inappropriate placement or an improvement in a designated historic district,
on buildings result in visual clutter. A sign should be the Commission shall be guided by the following
designed to relate harmoniously to exterior building considerations:
materials and colors. A sign should express a simple
clear message with wording kept to a minimum. 1. Its historic architectural and aesthetic significance;
13. Site Planning: The site planning of landscaping, 2. Its use;

parking facilities, utility and service areas, walkways,
and appurtenances must reflect the site planning of 3. Its importance to the City and the extent to which its
landscaping, parking facilities, utility and service areas, historic or architectural value is such that its removal
walkways and landscape feature reticulate to buildings would be detrimental to the public interest;
or structures of historic significance.
4. The extent to which it is of such old, unusual or
40:10-18. Standards For Relocation uncommon design, craftsmanship, texture or material
that it could not be reproduced or could be reproduced
40: 10-18-1. A permit to relocate a designated historic only with great difficulty;
site or an improvement in a designated historic district,
must receive five (5) favorable votes, i.e., the majority of 5. The probable impact of its removal upon the
the Commission membership. ambience of the historic district;
40: 10-18-2. In considering whether to approve 6. The structural soundness and integrity of the
or disapprove an application for a permit for the building so as to comply with the requirements of the
relocation of a designated historic site or improvement State Uniform Code;
in a designated historic district, the Commission shall
be guided by the following considerations: 7. The effect on the remaining portion of building,
structure, site, object or landscape feature in cases of
1. Whether the historic character and aesthetic interest partial demolition.
in the building, structure or object contributes to its
present setting; 40: 10-19-3. In the event that a structure is unsafe or
unsound so as to pose a danger to health or safety, the
2. Whether there are definite plans for the area to be power and authority of the City of Newark to demolish
vacated and what the effect of those plans on the the structure, as otherwise provided by law, shall not
character of the surrounding area will be; be impaired or altered in any way by the provisions of
this Chapter. The City shall be exempt from making
3. Whether the building, structure, or object can be an application to the Commission but shall notify the
moved without significant damage to its physical Commission prior to the demolition.
integrity; and
40: 10-19-4. If an application to demolish is denied,
4. Whether the proposed relocation area is compatible the applicant shall follow the appeal process detailed
with the historical and architectural character of the herein for denial of a permit.
building, object or structure.
208
40:10-20. Local Guidelines 40: 10-22-2. Upon learning of the violation, the
Administrative Officer shall serve upon the owner or
The Commission shall utilize locally generated responsible party of the lot whereon the violation is
guidelines or historic preservation aids in addition to occurring a notice describing the violation in detail
the Secretary of the Interior’s Standards. and giving the owner fourteen (14) business days
to abate the violation by restoring the historic site
40:10-21. Effect Of Project Approval Or Denial; or improvement to its status quo ante. If the owner
Appeals cannot be personally served within the municipality, the
notice shall be deemed to have been officially served
40: 10-21-1. If a permit is approved, then the applicant if a copy has been posted on site and a copy sent by
may proceed to perform the work approved in the certified mail, return receipt requested, to the owner at
permit in compliance with the conditions attached. his last known address as it appears on the municipal
tax rolls.
40: 10-21-2. If a permit is denied, the applicant is
precluded from undertaking the activity applied for. 40: 10-22-3. In the event that the violation is not
abated within fourteen (14) days of service or posting
40: 10-21-3. An applicant dissatisfied with the action on site, whichever is earlier, the Administrative Officer
of the Commission relating to the issuance or denial shall cause to be issued a summons and complaint,
of a permit shall have the right to appeal to the Board returnable in the Municipal Court, charging violation of
of Adjustment pursuant to NJSA 40:55D-70a within this Chapter.
twenty (20) days after receipt of notification of such
action. 40: 10-22-4. Any person violating any of the
provisions of this Historic Preservation Ordinance of
40: 10-21-4. The applicant shall be advised by the the City of Newark shall, upon conviction thereof, be
Clerk of the Board of Adjustment of the time and subject to the penalties set forth for violation of the
place of the hearing at which the appeal will be zoning ordinance.
considered, and shall have all rights defined under
N.J.S. 40:55D-70a. 40: 10-22-5. A separate offense shall be deemed
committed on each day during or on which a violation
40: 10-21-5. If the Board of Adjustment affirms the occurs or continues.
Commission’s denial, the applicant may seek legal
remedies as afforded by law. 40: 10-22-6. Fines not paid within the time period set
by law shall convert to a tax lien placed against the
40: 10-21-6. If, in the case of an appeal, the Board property and shall be recorded with the City of Newark
of Adjustment determines there is an error in any Property Tax Office and the Essex County Register of
order, requirement, decision or refusal made by the Deeds and Mortgages.
Administrative Officer pursuant to a report submitted
by the Commission, the Board of Adjustment shall 40: 10-22-7. The Administrative Officer shall
include the reasons for its determination in the findings inspect work approved by a permit and report to the
of its decision thereon. Commission the results of such inspections.
40:10-22. Enforcement 40:10-23. Preventive Maintenance
40: 10-22-1. If any person shall undertake any activity 40: 10-23-1. The structural integrity of all historic
vis-a-vis a historic building, structure, tree, or site, or sites and improvements in historic districts shall be
within a historic district, without first having obtained a preserved against decay and deterioration by being
permit to do so, such person shall be deemed to be in kept free from the following structural defects by the
violation of this Chapter. responsible person:
1. Deteriorated or inadequate foundation.
209
2. Defective or deteriorated floor supports or any City actions on public as well as private lands, streets,
structural members of insufficient size to carry easements and rights-of-way for actions affecting
imposed loads with safety. designated historic sites, buildings, trees, or districts.
3. Members of walls, partitions or vertical supports that 40: 10-24-2. This requirement shall be deemed to
split, lean, list or buckle due to defective material or include any action by any party which requires the
deterioration. approval or concurrence of the City or any City agency
and which is not otherwise covered by the provisions
4. Structural members of ceilings and roofs, or other of the Article.
horizontal structural members, which sag, split or
buckle due to defective materials or deterioration or 40:10-25. Rules Of Interpretation
are of insufficient size to carry imposed loads with
safety. 40: 10-25-1. This Article shall be liberally construed to
effect the purposes set forth herein. In the event that
5. Fireplaces or chimneys which list, bulge or settle this Chapter conflicts with State law, State law shall
due to defective material or deterioration or are of take precedence.
insufficient strength to carry imposed loads with safety.
40: 10-25-2. In the event that any portion of this
6. Lack of weather protection. Article is found to be invalid for any reason by any
court of competent jurisdiction, such judgment shall
40: 10-23-2. The responsible person shall repair the be limited in its effect only to the portion of the Article
improvement within a specified period of receipt of actually adjudged invalid and shall not be deemed to
a written order to correct defects or repairs to any affect the operation of any other portion hereof.
improvement as provided in paragraph a. above, so that
such improvement shall be preserved and protected in 40:10-26. General
accordance with the purposes of this Article.
40: 10-26-1. No duties or powers of the Commission
40: 10-23-3. Any such order shall be in writing, state shall supersede or infringe on the powers of other City
the actions to be taken with reasonable particularity boards.
and shall specify dates for compliance which may
be extended for a reasonable period of time upon 40: 10-26-2. All ordinances and all provision thereof
request to allow the responsible person to secure inconsistent or conflicting with the provisions of this
financing, labor and/or materials. Any such order may Article are hereby repealed to the extent of such
be appealed to the Board of Adjustment within twenty conflict or inconsistency.
(20) days of receipt of same.
40:10-27. Injunctive Relief
40: 10-23-4. That taking of an appeal or the In the event that any action which would permanently
commencement of any court action hereunder shall change adversely the historic building, structure, site
not operate to stay any order requiring structures to or district, such as demolition or removal, is about to
be secured or requiring temporary support unless the occur without an approval having been issued, the
Board of Adjustment or a court expressly stays such Administrative Officer shall apply to the Municipal
order. Council for such injunctive relief as is necessary to
prevent the destruction.
40:10-24. Municipal Responsibility
40:10-28. Newark Landmarks & Districts Maps
40: 10-24-1. It is recognized that the intent and See maps on pages 211–235.
purposes of this Article would not be fully served if
the City were to control the actions of others but fail
to apply similar constraints to itself. Accordingly, a
permit shall be required before final approval of any
210
Newark Historic Landmarks & Landmark Districts
Historic Landmark
Landmark District
O
1 Forest Hill Historic District
O
2 North Broad Street Historic District
O
3 James Street Commons District
Forest Hill
O
4 Military Park Commons Historic District
Page 214
O
5 Four Corners Historic District
O
6 Lincoln Park Historic District
O
7 Weequahic Park Historic District
Page 215
Upper Roseville
Page 212
O
1
Mount Pleasant
Page 216
Lower Roseville
Page 213
Lower Broadway
O
2
Page 217
Fairmount Downtown
Page 220 Page 222
Vailsburg
Page 218
University Heights O
3
Page 221
O
4
West Side
Page 223
Belmont O
5
Page 224
Ironbound
Page 226
Upper Clinton Hill

Page 228
O6
Lower Clinton Hill

Page 229 Lincoln Park
Page 225
Page 232
Weequahic
Page 230
Port District
O
7 Page 234
Dayton
Page 231
¯ 0 ¼ ½ 1
Mile
211
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Page 213
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Ave
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Historic Landmark
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Page 221
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213
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Page 216
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Page 217
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Historic Landmark
Belleville Township
Landmark District
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235
Chapter 11. Central Planning

Board
40:11-1. Establishment; Membership 40:11-1-5. Alternate Members
There is hereby established, pursuant to the provisions There shall be appointed two (2) alternate members
of NJSA 40:55D-1 et seq., in the City of Newark, the of the Central Planning Board. Alternate members
Central Planning Board of nine (9) members and two shall be appointed by the mayor and shall meet the
(2) alternates, who shall all be residents of the City of qualifications of Class IV members of a nine (9)
Newark and consist of the following four (4) classes: member Planning Board. Alternate members shall be
designated at the time of appointment by the mayor
40:11-1-1. Class I as “Alternate No. 1” and “Alternate No. 2.” Alternate
The mayor or the Planning Director in the absence of members may participate in discussions of the
the mayor. proceedings but may not vote except in the absence
or disqualification of a regular member of any class.
40:11-1-2. Class II A vote shall not be delayed in order that a regular
One (1) of the officials of the municipality, other than member may vote instead of an alternate member.
a member of the governing body, to be appointed by In the event that a choice must be made as to which
the mayor; provided that if there is an Environmental alternate member is to vote, Alternate No. 1 shall vote.
Commission, the member of the Environmental
Commission who is also a member of the Planning 40:11-2. Terms of Office; Vacancies
Board as required by NJSA 40:56A-1 shall be deemed
to be the Class II Planning Board member if there is 40:11-2-1. The term of the member composing Class I
both a member of the Zoning Board of Adjustment shall correspond to the mayor’s official tenure or if the
and a member of the Board of Education among the member is the mayor’s designee in the absence of the
Class IV members. mayor, the designee shall serve at the pleasure of the
mayor during his or her official tenure.
40:11-1-3. Class III
A member of the governing body to be appointed by it. 40:11-2-2. The terms of the members composing
Class II and Class III shall be for one (1) year or
40:11-1-4. Class IV terminate at the completion of their respective terms
Six (6) other citizens of the municipality, to be of office, whichever occurs first, except for a Class II
appointed by the mayor. The members of Class IV shall member who is also a member of the Environmental
hold no other municipal office, position or employment Commission. The term of a Class II or a Class IV
except that one (1) member may be a member of the member who is also a member of the Environmental
Zoning Board of Adjustment and one (1) member may Commission shall be for three (3) years or terminate
be a member of the Board of Education. A member of at the completion of his or her term of office as a
the Environmental Commission who is also a member member of the Environmental Commission, whichever
of the Central Planning Board as required by NJSA first occurs.
40:56A-1 shall be a Class IV Planning Board member
unless there be among the Class IV members of 40:11-2-3. The term of a Class IV member who is also
the Central Planning Board both a member of the a member of the Zoning Board of Adjustment shall
Zoning Board of Adjustment and a member of the terminate whenever he is no longer a member of such
Board of Education, in which case the member of the other body or at the completion of his Class IV term,
Environmental Commission shall be deemed to be whichever occurs first.
the Class II member of the Planning Board. For the
purpose of this Section, membership on a City board 40:11-2-4. The terms of all Class IV members first
or commission whose function is advisory in nature, appointed pursuant to this Chapter shall be so
the establishment of which is discretionary and not determined that, to the greatest practicable extent,
required by statute, shall not be considered the holding the expiration of such term shall be distributed evenly
of City office.
236
Chapter 11. Central Planning Board
over the first four (4) years after their appointments, Zoning Board of Adjustment shall make the choice.
provided that the initial Class IV term of no member
shall exceed four (4) years. Thereafter, all Class IV 40:11-2-11. Organization of Board
members shall be appointed for terms of four (4) years. The Central Planning Board shall elect a Chairperson
If a vacancy in any class shall occur otherwise than by and Vice Chairperson from the members of Class
the expiration of the Central Planning Board term, it IV and select a Secretary who may or may not be a
shall be filled by appointment, as provided above, for member or alternate member of the Board or a City
the unexpired term. employee.
40:11-2-5. All terms shall run from January 1 of the 40:11-3. Appointment of Attorney
year in which the appointment is made.
40:11-3-1. The Central Planning Board shall have
40:11-2-6. The terms of the alternate members shall and exercise the power and authority conferred by the
be for two (2) years, except that the terms of the Municipal Land Use Law, NJSA 40:55D-24, to appoint
alternate members shall be such that the term of an attorney on a part-time basis, other than a municipal
not more than one (1) alternate member shall expire attorney, to the Board. The appointee shall be member
in any one (1) year; provided, however, that in no of the New Jersey Bar in good standing.
instance shall the terms of the alternate members first
appointed exceed two (2) years. 40:11-3-2. The term of the appointment shall be
for a period of not more than one (1) year; which
40:11-2-7. A vacancy occurring otherwise than by commences after January 1st of each year and expires
expiration of term shall be filled by the appointing December 31st of the same year. Any appointment
authority for the unexpired term only. which commences after January 1st of any year
shall be for the remaining period of the year; thereby
40:11-2-8. Any member other than a Class 1 member, expiring on December 31st of the same year. The
after a public hearing, if requested, may be removed by appointment of an attorney to the Central Planning
the Municipal Council for cause. Board shall in no way obligate the City of Newark to
finance the position of Attorney within the City Budget
40:11-2-9. No member of the Central Planning Board in any particular fiscal year.
shall be permitted to act on any matter in which he
or she has any personal or financial interest, either 40:11-3-3. The attorney shall receive a salary to be
directly or indirectly. ordained by the Municipal Council.
40:11-2-10. If the Central Planning Board lacks a 40:11-3-4. It shall be the duty and responsibility of the
quorum because any of its members are prohibited attorney to advise and counsel the Central Planning
by this Chapter below from acting on a matter due to Board on all matters and functions of the Board.
the member’s personal or financial interest, regular The attorney shall appear on behalf of and before
members of the Zoning Board of Adjustment shall be the Newark Central Planning Board at its scheduled
called upon to serve, for that matter only, as temporary meetings.
members of the Central Planning Board in order of
seniority of continuous service to the Zoning Board 40:11-3-5. No provisions of this Section shall be
of Adjustment until there are the minimum number construed to confer upon the attorney, the authority
of members necessary to constitute a quorum to act or right to vote on any matters which come before the
upon the matter without any personal or financial Board.
interest. If a choice has to be made between regular
members with equal seniority, the Chairperson of the 40:11-4. Experts and Staff
The Central Planning Board may employ or contract
237
for the services of experts and other staff and 40:11-5-3. Ancillary Powers
services as it may deem necessary. The Board shall 1. Central Planning Board review in Lieu of Board of
not however exceed, exclusive of gifts or grants, the Adjustment. Whenever the proposed development
amount appropriated by the Municipal Council for its requires approval of a subdivision, site plan or
use. conditional use, but not a use variance, the Central
Planning Board shall have the power to grant to the
40:11-5. Powers and Duties same extent and subject to the same restrictions as
The Central Planning Board shall have the following the Board of Adjustment:
powers and duties: a. Bulk and dimensional variances pursuant to this
Chapter.
40:11-5-1. Mandatory Powers b. Direction pursuant to NJSA 40:55D-34 for
The Central Planning Board shall exercise its powers issuance of a permit for a building or structure in the
in accordance with the Municipal Land Use Law in bed of a mapped street or public drainage way, flood
regard to: control basin or public area reserved pursuant to
NJSA 55D-32.
1. The City Master Plan pursuant to NJSA 40:55D-28. c. Direction pursuant to NJSA 40:55D-36 for
Subdivision ordinance and site plan review pursuant to issuance of a permit for a building or structure not
the provisions of the Ordinance of the City of Newark related to a street.
and the Municipal Land Use Law, NJSA 40:55D-1 et
seq. 2. Whenever relief is requested pursuant to this
Subsection, notice of a hearing on the application for
2. The Official Map in accordance with the provisions development shall include reference to the request for
of the ordinances and NJSA 40:55D-32 et seq. a variance or direction for issuance of a permit as the
case may be.
3. The zoning ordinance, including conditional uses,
pursuant to this Chapter. 4. The developer may elect to submit a separate
application requesting approval of the variance or
4. Municipal capital improvement projects projected direction of the issuance of a permit and a subsequent
over a term of six (6) years, and amendments thereto, application for any required approval of a subdivision,
and recommend same to the Municipal Council, site plan or conditional use. The separate approval
pursuant to NJSA 40:55D-29 et seq. of a variance or direction of the issuance of a permit
shall be conditioned upon grant of all required
5. Variances and certain building permits in conjunction subsequent approvals by the Central Planning Board.
with subdivision, site plan and conditional use approval No such subsequent approval shall be granted unless
pursuant to the Board’s ancillary powers. the approval can be granted without substantial
impairment of the intent and purpose of the Zone Plan
40:11-5-2. Other Powers and Zoning Ordinance.
The Central Planning Board may:
40:11-5-4. Referral Powers
1. Participate in the preparation and review of 1. Prior to the adoption of a development regulation,
programs or plans required by State or Federal law or revision or amendment thereto, the Central
regulations. Planning Board shall make and transmit to the
Municipal Council, within thirty-five (35) days after
2. Assemble data on a continuing basis as part of a referral, a report including identification of any
continuous planning process. provisions in the proposed development regulation
which are inconsistent with the Master Plan and
3. Perform other such advisory duties as are assigned recommendations concerning these inconsistencies
to it by ordinance or resolution of the Municipal and other matters as the Board deems appropriate.
Council. The Municipal Council, when considering the adoption
of a development regulation, revision or amendment
238
Chapter 11. Central Planning Board
thereto, shall review the report of the Central

Planning Board and may disapprove or change any
recommendation by a vote of a majority of its full
authorized membership and shall record in its minutes
the reasons for not following such recommendations.
Failure of the Central Planning Board to transmit
its report within the thirty-five day period provided
herein shall relieve the Municipal Council from
the requirements of this Subsection in regard to
the proposed development regulation, revision
or amendment referred to the Central Planning
Board. Nothing in this Section shall be construed as
diminishing the application of the provisions of NJSA
40:55D-32 to any official map or an amendment or
revision thereto or of NJSA 40:55D-62 to any zoning
ordinance or any amendment or revision thereto.
40:11-6. County Approval

Whenever review or approval of an application by the
County Planning Board is required pursuant to NJSA
40:27-6.3 or NJSA 40:27-6.6, the Central Planning
Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application
by the County Planning Board or approval by the
County Planning Board by its failure to report thereon
within the required time period. 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.
239
Chapter 12. Zoning Board Of

Adjustment
40:12-1. Establishment; Membership due to the member’s personal or financial interest,
Class IV members of the Planning Board shall be
40:12-1-1. There is hereby established, pursuant to called upon to serve, for that matter only, as temporary
the provisions of NJSA 40:55D-1 et seq., in the City members of the Zoning Board of Adjustment. The
of Newark, the Zoning Board of Adjustment of seven Class IV members of the Planning Board shall be
(7) members and two (2) alternates who shall all be called upon to serve in order of seniority of continuous
residents of the City of Newark, shall be appointed service to the Planning Board until there are the
by the Municipal Council and who shall not hold any minimum numbers of members necessary to constitute
elective office or positions under the municipality. a quorum to act upon the matter without any personal
or financial interest. If a choice has to be made
40:12-1-2. There may be two (2) alternate members between a Class IV members of equal seniority, the
of the Zoning Board of Adjustment, appointed by Chairperson of the Central Planning Board shall make
the governing body, who shall be designated by the the choice.
Chairperson as “Alternate No. 1” and “Alternate No.
2”. Alternate members may participate in discussions 40:12-3. Organization of Board
of the proceedings but may not vote, except in the The Zoning Board of Adjustment shall elect a
absence or disqualification of a regular member. A vote Chairperson and Vice Chairperson from its members
shall not be delayed in order that a regular member and shall select a Secretary who may or may not be a
may vote instead of an alternate member. In the member of the Board.
event that a choice must be made to which alternate
member is to vote, Alternate No. 1 shall vote. 40:12-4. Experts & Staff
The Zoning Board of Adjustment may employ or
40:12-2. Terms of Office; Vacancies contract for the services of experts and other staff and
services as it may deem necessary. The Board shall
40:12-2-1. All regular members appointed shall serve not, however, exceed, exclusive of gifts or grants, the
for terms of four (4) years beginning January 1 of the amount appropriated by the Municipal Council for its
year of their appointment. use.
40:12-2-2. Alternate members shall be appointed for a 40:12-5. Powers & Duties
term for two (2) years. The Zoning Board of Adjustment shall have the
following powers and duties:
40:12-2-3. A vacancy occurring otherwise than by
expiration of term shall be filled by the appointing 40:12-5-1. To hear and decide appeals where it is
authority for the unexpired term only. alleged by the appellant that there is error in any
order, requirement, decision or refusal made by an
40:12-2-4. A member, after public hearing if administrative official or agency based on or made in
requested, may be removed by the Municipal Council the enforcement of the Zoning Ordinance.
for cause.
40:12-5-2. To hear and decide requests for
40:12-2-5. No member of the Zoning Board of interpretation of the Zoning Map or Ordinance, or for
Adjustment shall be permitted to act on any matter in decisions upon other special questions upon which
which he or she has, either directly or indirectly, any such Board is authorized by the Zoning Ordinance to
personal or financial interest. pass in accordance with the Municipal Land Use Law.
40:12-2-6. If the Zoning Board of Adjustment lacks a 40:12-5-3. Bulk & Dimensional Variances
quorum because its regular or alternate members are 1. Where: (a) by reason of exceptional narrowness,
prohibited by NJSA 40:55D-69 from acting on a matter shallowness or shape of a specific piece of property;
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Chapter 12. Zoning Board of Adjustment
(b) or by reason of exceptional topographic conditions which exceeds by ten (10) feet or ten (10%) percent
or physical features uniquely affecting a specific piece the maximum height permitted in the district for a
of property; or (c) by reason of an extraordinary and principal structure. A variance under this Subsection
exceptional situation uniquely affecting a specific shall be granted only by affirmative vote of at least five
piece of property or the structures lawfully existing (5) members of the Board.
thereon, the strict application of any regulation in
the Zoning Ordinance would result in peculiar and 2. If an application for development requests one (1)
exceptional practical difficulties to, or exceptional and or more variances but not a variance for a purpose
undue hardship upon the developer of such property, enumerated in this Subsection, the decision on the
the Board may grant, upon an application or an appeal requested variance or variances shall be rendered
relating to such property, a variance from such strict pursuant to Section 57 of P.L. 1975, c.291 (NJSA
application of such regulation so as to relieve such 40:55D-70c). No variance or other relief may be
difficulties or hardship; or granted under the terms of this Section unless
such variance or other relief can be granted without
2. Where in an application or appeal relating to a substantial detriment to the public good and will not
specific piece of property the purposes of zoning substantially impair the intent and the purpose of the
set forth in NJSA 40:55D-2 would be advanced by a Zone Plan and Zoning Ordinance. In respect of any
deviation from the Zoning Ordinance requirements airport hazard areas delineated under the Air Safety
and the benefits of the deviation would substantially and Hazardous Zoning Act of 1983, C. 6:1-80 et seq.,
outweigh any detriment, the Board may grant a no variance or other relief may be granted under
variance to allow departure from regulations in the the terms of this Section permitting the creation or
Zoning Ordinance; provided, however, that no variance establishment of a non-conforming use which would
from those departures enumerated in Subsection be prohibited under the standards promulgated
D below of this Section shall be granted under this pursuant to that act except upon issuance of a permit
Subsection; and provided further that the proposed by the Commissioner of Transportation.
development does not require approval by the
Central Planning Board of a subdivision, site plan or 3. To direct issuance of a permit pursuant to NJSA
conditional use in conjunction with which the Central 40:55D-34 for a building or structure in the bed of a
Planning Board has power to review a request for a mapped street or public drainage way, flood control
variance pursuant to NJSA 40:55D-60(a). basin or public area reserved on the Official Map
pursuant to NJSA 40:55D-32.
40:12-5-4. Use Variances
1. In particular cases and for special reasons, the 4. To direct issuance of a permit pursuant to NJSA
Board may grant a variance to allow departure from 40:55D-36 for a building or structure not related to a
the Zoning Ordinance to permit: (a) a use or principal street.
structure in a district restricted against such use
or principal structure; (b) an expansion of a non- 5. To grant to the same extent and subject to the
conforming use; (c) deviation from a specification same restrictions as the Central Planning Board
or standard pursuant to NJSA 40:55D-67 pertaining subdivision or site plan approval pursuant to NJSA
solely to a conditional use; (d) an increase in the 40:55D-37 et seq. or conditional use approval
permitted floor area ratio as defined in NJSA 40:55D- pursuant to NJSA 40:55D-67 whenever the proposed
4; (e) an increase in the permitted density as defined development requires approval by the Board of
in NJSA 40:55D-4 except as applied to the required a variance pursuant to NJSA 40:55D-70(d). The
lot area for a lot or lots for detached one (1) or two (2) developer may elect to submit a separate application
dwelling unit buildings which lot or lots are either an requesting approval of the variance and a subsequent
isolated undersized lot or lots resulting from a minor application for any required approval of a subdivision,
subdivision; or (f) a height of a principal structure site plan or conditional use. The separate approval
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of the variance shall be conditioned upon grant of all

required subsequent approvals by the Zoning Board
of Adjustment. No such subsequent approval shall be
granted unless such approval can be granted without
substantial detriment to the public good and without
substantial impairment of the intent and purpose of
the Zone Plan and Zoning Ordinance. The number of
votes of Board members required to grant any such
subsequent approval shall be as otherwise provided
in NJSA 40:55D-1 et seq. for the approval in question,
and the special vote pursuant to NJSA 40:55D-70(d)
shall not be required.
6. Any application under any Subsection of this Section

may be referred to any appropriate person or agency,
including the Central Planning Board, for its report
and recommendation, provided that reference of any
application under any Subsection of this Section shall
not extend the period of time within which the Zoning
Board of Adjustment shall act.
7. Whenever review or approval of the application

by the County Planning Board is required by NJSA
40:27-6.3, in the case of a subdivision, or NJSA
40:27-6.6 in the case of a site plan, the Zoning Board
of Adjustment shall condition any approval that it
grants upon timely receipt of a favorable report on the
application by the County Planning Board or approval
by the County Planning Board by its failure to report
thereon within the required time.
8. The Zoning Board of Adjustment is required to

submit monthly attendance reports of all regular
and special meetings to the Municipal Council (via
the Office of the City Clerk) within fifteen (15) days
subsequent to the end of the month.
40:12-6. Annual Report on Variances Heard by

Zoning Board of Adjustment
The Zoning Board of Adjustment shall, at least once
per year, review its decisions on applications and
appeals for variances and prepare and adopt by
resolution a report of its findings on zoning ordinance
provisions which were the subject of variance requests
and its recommendations for Zoning Ordinance
amendment or revision, if any. The Zoning Board
of Adjustment shall send copies of the report and
resolution to the City Council and the Central Planning
Board.
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Chapter 12. Zoning Board of Adjustment
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Chapter 13. Subdivision

Procedures
40:13-1. Title 40: 13-4-3. A Minor Subdivision is the creation or
This Chapter shall be known and cited as the reconfiguration of two or fewer lots and does not
“Subdivision Procedures” of the City of Newark. include the creation of a street, road, or public right-of-
way. All other subdivisions shall be classified as Major
40:13-2. Purpose Subdivisions.
The purpose of this Title shall be to provide rules,
regulations and standards to guide land subdivision in 40:13-5. Waiver
the City in order to promote the public health, safety, The Central Planning Board when acting upon
convenience and general welfare of the City. It shall application for preliminary or minor subdivision
be administered to insure the orderly growth and approval shall have the power to grant such exceptions
development, the conservation, protection and proper from the requirements for subdivision approval as
use of land and adequate provision for pedestrian, may be reasonable and within the general purpose
bicycle, and vehicular circulation, utilities, and services. and intent of the provisions for subdivision review
and approval of this Title, if the literal enforcement of
40:13-3. Compliance with Applicable one (1) or more provisions of the Title is impracticable
Requirements or will exact undue hardship because of peculiar
The procedures for processing subdivisions shall conditions pertaining to the land in question.
comply with the requirements of the Newark Zoning &
Land Use Regulations. 40:13-6. Minor Subdivision Procedure
Submission Requirements
40:13:4. Applicability
40:13-6-1. Application for a minor subdivision
40: 13-4-1. Subdivision approval shall be required from shall include the following requirements as part
the Central Planning Board for lots where the official of a complete submission. Failure to provide any
lot line has to be altered for the purpose of dedication, of the required information and payment of a fee
sale of land/lot or creation of a new lot. Approval of shall constitute an incomplete submission and the
the subdivision shall be obtained prior to such action application shall not be acted upon by the Board.
as stated above.
1. City of Newark Central Planning Board/Zoning
40: 13-4-2. Approval of the subdivision is prerequisite Board of Adjustment application.
before any official lot line is altered, the subdivision
approval must be obtained from the Central Planning 2. Six (6) sets of “Before Subdivision” and “After
Board or the Zoning Board of Adjustment. The Zoning Subdivision” plats. Within this plat, include the area in
Board of Adjustment has mandatory jurisdiction of square feet and acres both before and after. Both the
subdivision review in those limited situations as stated before and after plats shall include lot numbers.
in Section 40: 13-4-3.
3. Six (6) sets of the block diagram showing all
40: 13-4-3. The Zoning Board of Adjustment shall properties within a radius of two hundred (200) feet
have the power to review subdivisions and to grant, to from all corners of the property in question.
the same extent and subject to the same restrictions
as the Central Planning Board, subdivision approval. 4. Six (6) sets of the metes and bounds description of
Whenever the Zoning Board of Adjustment is all existing and proposed lots. This should include one
simultaneously reviewing an application for approval of (1) before description and one (1) after description for
a “d” or use variance which permits a structure or use all lots for which the lot line(s) is being altered. Metes
in a district restricted against such structures or use as and bounds shall be included on all plans.
defined by NJSA 40:55D-70(d).
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Chapter 13. Subdivision Procedures
5. Two (2) copies of any protective covenants or deed 40: 13-6-4. Expiration
restrictions applying to the land being subdivided. Approval of a minor subdivision shall expire one
hundred ninety (190) days from the date on which the
6. The following must be submitted at least two (2) resolution of approval is adopted unless within such
days prior to the hearing: period a plat in conformity with such approval and the
provisions of the Map Filing Law (N.J.SA. 46:23-9.9 et
a. Certified Mail Receipts seq.) or a deed clearly describing the approved minor
(1) Mounted on 8.5 x 11 inch bound paper subdivision, is filed by the developer with the County
(2) Six to a page Recording Officer, the City Engineer and the City
(3) Arranged in the same order as indicated on Tax Assessor. Any such plat or deed must be signed
the certified list of property owners (a property by the Chairperson and the Secretary of the Central
certified U.S. Postal Form 3877 will be accepted Planning Board before it will be accepted for filing by
in lieu of the mounted receipts, provided that the the County Recording Officer.
addresses are arranged in the same order as
indicated on the certified list) 40: 13-6-5. Extensions
b. Affadavit of Proof of Service 1. The Central Planning Board may extend the one
c. Affadavit of Publication hundred and ninety (190) day period for filing a minor
subdivision plat or deed pursuant to this Chapter if the
7. Digital Submission Requirement: All required developer proves to the reasonable satisfaction of the
documents shall also be submitted digitally on a CD Board:
(compact disk) or USB drive, which shall be submitted a. That the developer was barred or prevented,
with the rest of the required documentation. The digital directly or indirectly, from filing because of delays
files shall be combined into a single Adobe Portable in obtaining legally required approvals from other
Document File (PDF file format). governmental or quasi-governmental entities; and
40: 13-6-2. Board Action b.That the developer applied promptly for and
Minor subdivision approvals shall be granted or denied diligently pursued the required approvals. The
within forty-five (45) days of the date of submission of length of the extension shall be equal to the period
a complete application to the Central Planning Board of delay caused by the wait for the approvals, as
or within such further time as may be consented to determined by the Board. The developer may apply
by the applicant. Failure of the Board to act within the for the extension either before or after what would
period prescribed shall constitute minor subdivision otherwise be the extension date.
approval and a certificate of the Secretary of the
Board as to failure of the Central Planning Board to c. The Board shall grant an extension of minor
act shall be issued on request of the applicant. subdivision approval for a period determined by
the Board, but not exceeding one (1) year from
40: 13-6-3. Effect of Approval what would otherwise be the expiration date, if the
Approval of a minor subdivision shall be deemed final developer proves to the reasonable satisfaction
approval provided that the Board may condition such of the Board that the developer was barred or
approval on the provision of improvements as may be prevented, directly or indirectly, from proceeding
required. The zoning requirements and general terms with the development because of delays in obtaining
and conditions, whether conditional or otherwise, legally required approvals from other governmental
upon which minor subdivision or site plan approval agencies and that the developer applied promptly
was granted, shall not be changed for a period of two for and diligently pursued the required approvals.
(2) years after the date on which the resolution of The developer shall apply for an extension before:
approval is adopted provided that the approved minor (a) what would be the expiration date of minor
subdivision shall have been duly recorded.
245
subdivision approval; or (b) the ninety-first (91) day The Board shall approve, conditionally approve or deny
after the developer receives the first legally required a preliminary major subdivision application of more
approval from other governmental entities, whichever than ten (10) lots within ninety-five (95) days after
occurs later. the submission of a complete application, unless the
applicant shall extend the period of time in which the
40:13-7. Preliminary Major Subdivision Procedure Board may act.
40: 13-7-1. Submission Requirements Failure of the Board to act within the time prescribed
Application for a Major Subdivision shall include shall constitute preliminary major subdivision approval
the following requirements as part of a complete and a certificate of the Secretary of the Central
submission. Failure to provide any of the required Planning Board or the Zoning Board of Adjustments
information and payment of fee shall constitute an as to the failure of the Board to act shall be issued on
incomplete submission and the application shall not be request of the applicant.
acted upon by the Board.
If the Board required any substantial amendment in
1. City of Newark Central Planning Board/Zoning the layout of improvements proposed by the developer,
Board of Adjustment application. that have been the subject of a hearing, an amended
application for development shall be submitted
2. Six (6) sets of “Before Subdivision” and “After and proceeded upon, as in the case of the original
Subdivision” plats. Within this plat, include the area in application for development. The Central Planning
square feet and acres both before and after. Both the Board shall, if the proposed development complies
before and after plats shall include lot numbers. with the Municipal Land Use Law, grant preliminary
approval.
3. Six (6) sets of the block diagram showing all
properties within a radius of two hundred (200) feet 40: 13-7-3. Substantial Modification
from all corners of the property in question. 1. If any substantial modification is proposed or
required after preliminary approval has been granted,
4. Six (6) sets of the metes and bounds description of an application for such modification shall be submitted
all existing and proposed lots. This should include one and proceeded upon as in the case of the original
(1) before description and one (1) after description for application for development. The applicant may apply
all lots for which the lot line(s) is being altered. Metes for modification approval either independently of or
and bounds shall be included on all plans. concurrently with application for final approval. In either
case, notice pursuant to NJSA 40:55D-1 et seq. shall
5. Two (2) copies of any protective covenants or deed be required and shall state the nature of the proposed
restrictions applying to the land being subdivided. modification. A substantial modification shall mean one
which: (a) increases the density of development; (b)
6. Digital Submission Requirement: All required increases the square footage of buildings; (c) proposes
documents shall also be submitted digitally on a CD a different use; (d) would result in increased adverse
(compact disk) or USB drive, which shall be submitted impact upon properties in the immediate area with
with the rest of the required documentation. The digital respect to factors such as, but not limited to, noise,
files shall be combined into a single Adobe Portable glare and increased drainage runoff; or (e) materially
Document File (PDF file format). changes a required element of the development plan.
40:13-7-2. Board Action 2. If the Central Planning Board or the Zoning Board
Except for applications governed by the time limits, of Adjustments required any substantial amendment in
the Board shall approve, conditionally approve or the layout of improvements proposed by the developer,
deny a preliminary major subdivision application of that have been the subject of a hearing, an amended
ten (10) or fewer lots within forty-five (45) days after application for development shall be submitted
the submission of a complete application, unless the and proceeded upon, as in the case of the original
applicant shall extend the period of time in which the application for development. The Central Planning
Board may act.
246
Board shall, if the proposed development complies reasonable satisfaction of the Board that the developer
with the ordinance and the Municipal Land Use Law, was barred or prevented directly or indirectly from
grant preliminary approval. proceeding with the development because of delays
in obtaining legally required approvals from other
40: 13-7-4. Effect of Preliminary Approval governmental entities and that the developer applied
1. Preliminary approval of a major subdivision, except promptly for and diligently pursued the required
as provided in this Section, shall confer upon the approvals. The developer shall apply for the extension
applicant the following rights for a three (3) year before: (a) what would otherwise be the expiration
period from the date on which the resolution granting date of the preliminary approval; or (b) the ninety-first
preliminary approval is adopted. (91) day after the developer received the last legally
required approval from other governmental entities,
1. That the general terms and conditions on which whichever is later. An extension granted pursuant to
preliminary approval was granted shall not be changed, this Section shall not preclude the Board from granting
including, but not limited to: use requirements; layout an extension pursuant to the previous paragraphs
and design standards for streets, curbs and sidewalks; above.
lot sizes; yard dimensions and off-tract improvements;
and in the case of a site plan, any requirements 40:13-8. Final Major Subdivision Procedure
particular to the site plan approval pursuant to
NJSA 40:55D-41, except that nothing herein shall 40: 13-8-1. Submission Requirements
be construed to prevent the City from modifying 1. Four (4) copies of the “Before Subdivision” and “After
by ordinance such general terms and conditions of Subdivision” plats containing all of the information and
preliminary approval as related to the public health and required changes requested during preliminary review
safety. of the sketch plat.
2. That the applicant may submit for final approval on 2. Applications for approval of a final plat shall be
or before the expiration date of preliminary approval submitted to the Central Planning Board by the
the whole or a section or sections of the preliminary developer within three (3) years following the date
subdivision plat. of preliminary approval. The final subdivision plat
submission requirements shall be the same as required
3. That the applicant may apply for and the Board may for the preliminary subdivision plat requirements under
grant extension on such preliminary approval of at this Chapter.
least one (1) year, but not to exceed a total extension
of two (2) years, provided that if the design standards 3. The final plat shall conform to the preliminary plat as
have been revised by ordinance, such revised given tentative approval, except that it may consist of
standards may govern. one (1) section of the whole.
4. Whenever the Board grants an extension of 4. The final plat shall be accompanied by a written
preliminary approval pursuant to the previous statement by the Director of the Department of
paragraphs above and preliminary approval has expired Engineering that he or she has received a map
before the date on which the extension was granted, showing all improvements, both proposed and existing,
the extension shall begin on what would otherwise be in exact location and elevation, identifying those
the expiration date. The developer may apply for an portions already installed and those to be installed and
extension either before or after what would otherwise that the subdivider has complied with either or both of
be the expiration date. the following requirements:
a. Installed all improvements in accordance with the
5. The Board shall grant an extension of preliminary requirements of this Chapter.
approval for a period determined by the Board, but b. Posted a monument bond with the Central
not exceeding one (1) year from what would otherwise Planning Board, in an amount determined by the City
be the expiration date if the developer proves to the Surveyor to assure the completion of all required
improvements.
247
5. Digital Submission Requirement: All required recorded the plat with the County Recording Officer
documents shall also be submitted digitally on a CD in accordance with below, the Board may extend such
(compact disk) or USB drive, which shall be submitted period of protection for extensions of one (1) year but
with other required documentation. The digital files not to exceed three (3) extensions. Notwithstanding
shall be combined into a single Adobe Portable any other provisions of this Chapter, the granting of
Document File (PDF file format). final approval terminates the time period of preliminary
approval, for any Section of the development which is
6. If the Central Planning Board or the Zoning Board granted final approval.
of Adjustments approves the final plat, a statement
to that effect shall be made on the plat and it shall be 2. Whenever the Board grants any extension of final
signed by the Chairperson and the Secretary to the approval pursuant to the preceding paragraph, and
Board. final approval has expired before the date on which the
extension is granted, the extension shall begin on what
40: 13-8-2. Board Action would otherwise be the expiration date. The developer
1. The Board shall grant final approval if the detailed may apply for the extension either before or after what
drawings, specifications and estimates of the would otherwise be the expiration date.
application for final approval conform to the standards
established by ordinance for final approval, the 3. The Board shall grant an extension of final
conditions for preliminary approval, and the standards approval for a period determined by the Board
prescribed in the Map Filing Law, P.L. 1960, c. 141. but not exceeding one (1) year from what would
otherwise be the expiration date, if the developer
2. Final approval shall be granted or denied within proves to the reasonable satisfaction of the Board
forty-five (45) days after submission of a complete that the developer was barred or prevented, directly
application or within such further time as may be or indirectly, from proceeding with because of delays
consented to by the applicant. Failure of the Board in obtaining legally required approvals from other
to act within the period prescribed shall constitute governmental entities and that the developer applied
final approval and a certificate of the Secretary of the promptly for and diligently pursued these approvals.
Central Planning Board as to the failure of the Board A developer shall apply for an extension before:
to act shall be issued on request of the applicant. (a) what would otherwise be the expiration date of
final required approval; or (b) the ninety-first (91) day
3. Whenever review or approval of the application after the developer receives the last legally required
by the County Planning Board is required by NJSA approval from other governmental entities, whichever
40:27-6.1 or 40:27-6.6, the Board shall condition its occurs later. An extension granted pursuant to this
approval on timely receipt of a favorable report on the Section shall not preclude the Board from granting an
application by the County Planning Board or approval extension pursuant to the preceding paragraphs.
by the County Planning Board by its failure to report
thereon within the required time period. 40: 13-8-4. Conditions of Approval.
1. All conditions of preliminary and final approval shall
40: 13-8-3. Effect of Final Approval be binding upon the applicant, all present and future
1. The zoning requirements applicable to the owners, tenants, users and occupants of the property
preliminary approval first granted and all other rights and their respective successors and assigns.
conferred upon the developer, whether conditionally
or otherwise, shall not be changed for a period of 2. The applicant and any successor in interest shall
two (2) years after the date on which the resolution be responsible for installing and maintaining in
of final approval is adopted; provided that in the good order and condition all required improvements
case of a major subdivision the rights conferred by and landscaping, unless such improvements and
this Section shall expire if the plat has not been duly landscaping are to be installed by, and/or dedicated
recorded within the time period provided below. If the and maintained by the City, County or another party
developer has followed the standards prescribed for under the terms of approval granted by the Board.
final approval and, in the case of subdivision, has duly Such required improvements shall include, but not
248
limited to, parking improvements, buffer zones, 40: 13-8-6. Right of Owner of Land Covered by
drainage facilities, exterior lighting, and landscaping. Certificate
Failure of any responsible party to install and/or 1. Any person who shall acquire for a valuable
maintain the required improvements or landscaping consideration an interest in the land covered by any
shall constitute a violation of this Chapter and shall such certificate of approval of a subdivision in reliance
be subject to the enforcement procedures set forth upon the information therein contained shall hold
herein. such interest free of any right, remedy or action which
could be prosecuted or maintained by the municipality
40: 13-8-5. Certificate as to Approval pursuant to the provisions of NJSA 40:55D-55.
1. The prospective purchaser, prospective mortgages,
or any other person interested in any land which 2. If the Secretary to the Central Planning Board
forms part of a subdivision, or which formed part of fails to issue such certificate within fifteen (15) days
a subdivision three (3) years preceding the effective after receipt of an application and the proper fee, any
date of NJSA 40:55D-1 et seq., may apply in writing to person acquiring an interest in the land described in
the Secretary to the Central Planning Board for the such application shall hold any interest free of any
issuance of a certificate attesting whether or not such right, remedy or action which could be prosecuted
subdivision has been approved. Such application shall or maintained by the municipality pursuant to NJSA
contain a diagram showing the location and dimension 40:55D-55.
of the land to be covered by the certificate and the
name of the owner thereof. 3. Any such application addressed to the Secretary
to the Central Planning Board shall be deemed to be
2. The Secretary to the Central Planning Board shall addressed to the proper designated officer and the
make and issue such certificate within fifteen (15) municipality shall be found thereby to the same extent
days after receipt of such written application and as though the same was addressed to the designated
the fee of three ($3.00) dollars. The Secretary to the official.
Central Planning Board shall keep a duplicate copy
of each certificate consecutively numbered, including 40: 13-8-7. Expiration of Final Major Subdivision
a statement of the fee charged, in a binder as a Approval
permanent record in his/her office. 1. Final approval of a major subdivision shall expire
ninety-five (95) days from the date of signing of the
3. Each certificate shall be designated a “Certificate as plat unless within such period the plat shall have been
to Approval of Subdivision of Land” and shall certify: duly filed by the applicant with the County. The Board
a. Whether there exists in the municipality a duly may for good cause shown extend the period for
established Planning Board and whether there is an recording for an additional period not to exceed one
ordinance controlling subdivision of land adopted hundred and ninety (190) days from the date of signing
under the authority of NJSA 40:55D-37. of the plat. The Board may extend the ninety-five (95)
b. Whether the subdivision, as it relates to the land or one hundred and ninety (190) period if the applicant
shown in the application, has been approved by the proves to the reasonable satisfaction of the Board: (a)
Central Planning Board and, if so, the data of such that the applicant was barred or prevented, directly or
approval and any extensions and terms thereof, indirectly, from filing because of delays in obtaining
showing the subdivision of which the lands are a part legally required approvals from other governmental
is a validly existing subdivision. entities; and (b) that the applicant applied promptly
c.Whether such subdivision, if the same has not been for and diligently pursued required approvals. The
approved, is statutorily exempt from the requirement length of the extension shall be equal to the period of
of approval as provided in this act. delay caused by the wait for the required approvals
as determined by the Board. The developer may apply
4. The fees collected by the Secretary to the Central for an extension either before or after the original
Planning Board shall be paid by the applicant to the expiration date.
City of Newark.
249
2. No subdivision plat shall be accepted for filing by 4. Street address, block and lot numbers, tax
the County until it has been approved by the Board assessment volume and sheet number, and the
as indicated on the instrument by the signature of the name(s) and address(es) of the record owner(s) and
chairperson and secretary of the Board. The signatures owner’s agent, if any.
of the Board Chairperson and Secretary shall not be
affixed until the developer has satisfied all applicable 5. Key Map showing the subdivision tract boundary
conditions of final approval. If the County records any lines and the surrounding area within two hundred
plat without such approval, such recording shall be (200) feet of the extreme boundaries of the
deemed null and void, and upon request of the City, the subdivision.
plan shall be expunged from the official records.
6. The right-of-way lines of streets, street names
40:13-9. Subdivision Plat Details Requirements and width easements and other right-of-way lines
along with their purpose, all lot lines, other site lines
40: 13-9-1. General and areas dedicated for public use with accurate
1. The subdivision plat shall be clearly and legibly drawn dimensions, bearings and radii, lengths and central
and certified by a Land Surveyor licensed to practice in angles for all curves sufficient to enable the definite
the State of New Jersey. location of all lines and boundaries shown thereon.
2. Subdivision plat shall be prepared pursuant to the 7. Proposed use of the area and all existing structures
“Map Filing Law” (NJSA 46:23-99 et seq.) and the title standing upon or below the surface within the area to
block shall conform to NJAC 13:40-1 and NJAC 13:40- be subdivided and within one hundred (100) feet of the
3. The subdivision plat shall conform to the provisions area with the detailed use of each of the structures
of the following: and whether the structures are to remain or be
a. Newly revised Newark Zoning and Land Use removed.
Regulations.
b. Design standards listed under Chapter 14 of the 8. All existing lots and blocks within two hundred (200)
Newark Zoning and Land Use Regulations. feet of the subdivision.
c. Master Plan and Official Map of the City of
Newark. 9. Acreage and square footage of all lots, as well as
the total acreage and square footage of all lots with
4. The maps shall be sealed and signed by the Land lines to be altered. Calculations shall be made to the
Surveyor. nearest tenth of an acre and nearest square foot.
Show all trees and limits of clearing.
40:13-9-2. Minor Subdivision Plat Details
1. The plat shall be clearly and legibly drawn and 10. There shall be submitted on the application the
certified by a land surveyor licensed to practice in the names, addresses and telephone numbers of all
State of New Jersey. owners to title of the land subdivided by said plat, with
their signature indicating their consent to the approval
2. The plat shall be drawn on sheets of 15”x 21” or of said subdivision.
larger, as measured from the cutting edge and shall
show elements of this Article on a “Before Subdivision” 11. Existing mounument locations
and “After Subdivision” plan on a single sheet and so
designated. If one (1) sheet is not of sufficient size to 12. Contours at two (2) feet intervals for slopes
contain the entire territory, the plat may be divided into averaging ten (10%) percent or less and at five (5) foot
sections to be shown on separate sheets of equal size intervals for greater slopes. All contour lines shall be
with reference on each sheet to the adjoining sheets. referenced to the United States Geological Survey
Datum.
3. Graphic and written scale shall not be smaller than
1”-100’, North arrow and geographic reference meridian, 13. Typical cross-section which clearly indicates the
and drawing and the date of the survey. type and width or pavement and locations of curb,
sidewalks and planting strips (proposed cross-section).
Existing and proposed profiles shall be shown.
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14. Plans and profiles of proposed utility layout (storm iv. Central Planning Board
sewers, sanitary sewers, water and gas mains, and We hereby certify that this map has been
electrical facilities) showing feasible connections to approved by the Central Planning Board of the
existing or proposed utility systems. City of Newark on 20 and the map complies with
the provisions of “The Map Filing Law” (NJSA
15. Conform to all other technical design controls 46:23-9.9 et seq.). This certification shall expire if
required by the provisions of all other municipal this map is not filed in the Office of the Register
ordinances. of Essex County on or before the day of , 20.
40: 13-9-3. Major Subdivision Plat Details _____________________________

1. Preliminary Subdivision Secretary, Central Planning Board
a. Include all the details outlined above.
b. All documentation bound and required by this Title. v. Owner
c. There shall be endorsed thereon the following I (we), the undersigned, having an interest in the
certificates: title of the property covered by this subdivision
i. Licensed Land Surveyor map, do hereby consent to the filing of this map
in the Office of the Register of Essex County.
I hereby certify that this map and survey has
been made under my supervision and complies _____________________________
with the provisions of “The Map Filing Law.” Name
(Include the following if applicable) I do further
certify that the monuments as designated and 2. Final Subdivision
shown hereon have been set. The following items shall also be included in addition
to the requirements of the preliminary subdivision for
the final subdivision plat details submission.
____________________________
Licensed Land Surveyor and No. a. Show entire subdivision and the surrounding
(Affixed Seal) area within two hundred (200) feet of the extreme
boundaries of the subdivision.
ii. City Clerk
If monuments are to be set at a later date, the b. Contours at two (2) feet intervals for slopes
following endorsement shall be shown on the averaging ten (10%) percent or less and at five (5)
map. foot intervals for greater slopes. All contour lines
shall be referenced to the United States Geological
I hereby certify that a bond has been given to Survey Datum.
the municipality, guaranteeing the future setting
of the monuments shown on this map and so c. Existing zone and zoning information requirements
designated. along with plans.

_____________________________ d. Typical cross-section which clearly indicates the
City Clerk type and width or pavement and locations of curb,
sidewalks and planting strips (proposed cross-
iii. City Engineer section). Existing and proposed profiles shall be
I have carefully examined this map and find shown.
it conforms with the provisions of “The Map
Filing Law” and the municipal ordinances and e. Plans and profiles of proposed utility layout (storm
requirements applicable thereto. sewers, sanitary sewers, water and gas mains, and
_____________________________ electrical facilities) showing feasible connections to
City Engineer existing or proposed utility systems.
(Affixed Seal)
f. Existing monument locations
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40:13-10. Amended Subdivision Review Planning Board with a performance guarantee bond
Applications for amended subdivision review shall of sufficient amount as established by the Director for
be governed by the same requirements as all other the purpose of assuring installation and maintenance
applications for subdivision review. of on-tract improvements:
a. The furnishing of a performance guarantee in
40:13-11. Conditional Use Approval favor of the City of Newark in an amount not to
exceed one hundred twenty (120%) percent of the
40: 13-11-1. Submission requirements for conditional cost of installation for improvements, which cost shall
use applications shall be the same as for a major site be determined by the Director of the Department
plan, except as set forth below. of Engineering according to the method set forth in
NJSA 40:55D-53.4, which may be deemed necessary
1. The Board shall grant or deny an application for or appropriate including: streets, grading, pavement,
conditional use approval within ninety-five (95) days gutters, curbs, sidewalks, street lighting, shade
of submission of a complete application or within such trees, landscaping, survey monuments as shown
further time as may be consented to by the applicant. If on the final plat and required by the “Map Filing
relief is requested pursuant to NJSA 40:55D-70d, the Law,” NJSA 46:23-9.9 et seq., water mains, culverts,
Board shall grant or deny within one hundred twenty storm sewers, sanitary sewers or other means of
(120) days of submission of a complete application or sewage disposal, drainage structures, erosion control
within such further time as consented by the applicant. and sedimentation control devices , and public
improvements of open space. The Director of the
2. The Board shall approve or deny a conditional use Department of Engineering shall prepare an itemized
application simultaneously with any accompanying cost estimate of the improvements covered by the
subdivision application. The longest time for action performance guarantee, which itemized cost list shall
by the Board, whether it be for conditional use or be appended to each performance guarantee posted
subdivision approval, shall apply. Whenever approval by the obligor.
of a conditional use is requested by the applicant,
notice of the hearing on the application shall include b. Provisions for a maintenance guarantee to be
reference to the request for conditional use approval. posted with the Municipal Council, City of Newark
for a period not to exceed two (2) years after final
3. In approving a conditional use, a time limit of one (1) acceptance of the improvements, in an amount not
year from the date of the approval shall be set within to exceed fifteen (15%) percent of the cost of the
which the owner shall secure a construction permit; improvements. In the event that other governmental
otherwise the approval shall be null and void. The agencies or public utilities automatically will own
Board may, for good cause shown, extend the period the utilities to be installed or the improvements are
for securing a construction permit for an additional covered by a performance or maintenance guarantee
period not exceeding six (6) months. to another governmental agency, no performance or
maintenance guarantee, as the case may be, shall
4.The conditions for approval shall be those specifically be required by the City of Newark for such utilities or
set forth in this Chapter as well as the applicable area improvements.
and yard requirements listed in each zoning district,
the parking and buffer requirements set forth in this c. All improvements required by the Central Planning
Chapter. Board shall be subject to inspection and approval by
the Director of the Department of Engineering who
40:13-12. Performance Guarantees & shall be notified by the developer at least twenty-four
Improvement Costs (24) hours prior to the start of construction of the
same. No underground installation shall be covered
40: 13-12-1. Requirements until inspected and improved.
1. No final plats shall receive final approval unless
the developer shall have installed the required 2. The time allowed for installation of improvements
improvements or shall have furnished the Central for which the performance guarantee has been
provided may be extended by the Municipal Council
252
by resolution. As a condition or as part of any such or the nature and extent of, and remedy for, the
extension, the amount of any performance guarantee unsatisfactory state of each completed improvement
shall be increased or reduced to an amount not to determined to be unsatisfactory. The report prepared
exceed one-hundred and twenty (120%) percent of the by the Director of the Department of Engineering
cost of the installation, which cost shall be determined shall identify each improvement determined to
by the Director of the Department of Engineering be completed and satisfactory together with a
according to the method of calculation set forth in recommendation as to the amount of the reduction
NJSA 40:55D-53.4 as of the time of the passage of to be made in the performance guarantee relating
the resolution. to the completed and satisfactory improvement, in
accordance with the itemized cost estimate prepared
3. If the required improvements are not completed by the Director of the Department of Engineering
or corrected in accordance with the performance and appended to the performance guarantee.
guarantee the obligor and surety, if any, shall be liable
thereon to the City of Newark for the reasonable 5. The Municipal Council, by resolution, shall either
cost of the improvements not completed or corrected approve the improvements determined to be complete
and the City of Newark may either prior to or after and satisfactory by the Director of the Department of
the receipt of the proceeds thereof complete such Engineering, or reject any of all of these improvements
improvements. Such completion or correction of upon the establishment in the resolution of cause
improvements shall be subject to the public bidding for rejection, and shall approve and authorize the
requirements of the “Local Public Contracts Law” amount of reduction to be made in the performance
NJSA 40A:11-1 et seq. guarantee relating to the improvements accepted, in
accordance with the itemized cost estimate prepared
4. Upon substantial completion of all required street by the Director of the Department of Engineering
improvements (except for the top course) and and appended to the performance guarantee in
appurtenant utility improvements, and the connection accordance with this Section. This resolution shall be
of same to the public system, the obligor may request adopted not later than forty-five (45) days after receipt
of the Municipal Council in writing, by certified mail of the list and report prepared by the Director of the
addressed in care of the City Clerk, that the Director Department of Engineering. Upon adoption of the
of the Department of Engineering prepare, in resolution by the Municipal Council, the obligor shall be
accordance with the itemized cost estimate prepared released from all liability pursuant to its performance
by the Director of the Department of Engineering and guarantee, with respect to those approved
appended to the performance guarantee pursuant improvements, except for that portion adequately
to above, a list of all uncompleted or unsatisfactory sufficient to secure completion or correction of the
completed improvements. If such a request is made, improvements not yet approved; provided that thirty
the obligor shall send a copy of the request to the (30%) percent of the amount of the total performance
Director of the Department of Engineering. The guarantee posted may be retained to ensure
request shall indicate which improvements have completion and acceptability of all improvements.
been completed and which improvements remain a. For the purpose of releasing the obligor from
uncompleted in the judgment of the obligor. Thereupon liability pursuant to its performance guarantee, the
the Director of the Department of Engineering shall amount of the performance guarantee attributable
inspect all improvements covered by obligor’s request to each approved improvement shall be reduced
and file a detailed list and report, in writing, with the by the total amount for each such improvement, in
Municipal Council, and shall simultaneously send a accordance with the itemized cost estimate prepared
copy thereof to the obligor not later than forty-five (45) by the Director of the Department of Engineering,
days after receipt of the obligor’s request. including any contingency factor applied to the
a. The list prepared by the Director of the cost of installation. If the sum of the approved
Department of Engineering, shall state, with respect improvements would exceed seventy (70%) percent
to each improvement determined to be incomplete of the total amount of the performance guarantee,
or unsatisfactory, the nature and extent of the then the municipality may retain thirty (30%) percent
incompleteness of each incomplete improvement of the amount of the total performance guarantee
253
to ensure completion and acceptability of all Director of the Department of Engineering.

improvements, as provided above.
7. The obligor shall reimburse the City of Newark for
b. If the Director of the Department of Engineering all reasonable inspection fees paid to the Director
fails to send or provide the list and report as of the Department of Engineering for the foregoing
requested by the obligor pursuant this Section within inspection of improvements; provided that the City of
forty-five (45) days from receipt of the request, Newark may require of the developer a deposit for the
the obligor may apply to the court in a summary inspection fees in the amount not to exceed, except
manner for an order compelling the Director of the for extraordinary circumstances, the greater of five
Department of Engineering to provide the list and hundred ($500) dollars or five (5%) percent of the cost
report within a stated period of time and the cost of of the improvements, which cost shall be determined
applying to the court, including reasonable attorney’s pursuant to NJSA 40:55D-53.4.
fees, may be awarded to the prevailing party. a. For those developments for which the inspection
fees are less than ten thousand ($10,000) dollars,
c. If the Municipal Council fails to approve or reject fees may, at the option of the developer, be paid in
the improvements determined by the Director of two (2) installments. The initial amount deposited
the Department of Engineering to be complete and by the developer shall be fifty (50%) percent of
satisfactory or reduce the performance guarantee the inspection fees. When the balance on deposit
for the complete and satisfactory improvements drops to ten (10%) percent of the inspection fees
within forty-five (45) days from receipt of the request, because the amount deposited by the developer has
the obligor may apply to the court in a summary been reduced by the amount paid to the Director of
manner for an order compelling, within a stated the Department of Engineering for inspection, the
time, the approval of the complete and satisfactory developer shall deposit the remaining fifty (50%)
improvements and approval of a reduction in the percent of the inspection fees.
performance guarantee for the approvable complete
and satisfactory improvements in accordance with b. For those developments for which the inspection
the itemized cost estimate prepared by the Director fees are ten thousand ($10,000) dollars or greater,
of the Department of Engineering; and the cost of fees may, at the option of the developer, be paid in
applying to the court, including reasonable attorney’s four (4) installments. The initial amount deposited
fees, may be awarded to the prevailing party. by the developer shall be twenty-five (25%) percent
of the inspection fees. When the balance on the
d. In the event that the obligor has made a cash deposit drops to ten (10%) percent of the inspection
deposit with the municipality or approving authority fees because the amount deposited by the developer
as part of the performance guarantee, then any has been reduced by the amount paid to the Director
partial reduction granted in the performance of the Department of Engineering for inspection, the
guarantee pursuant to this Subsection, shall be developer shall make additional deposits of twenty-
applied to the cash deposit in the same proportion five (25%) percent of the inspection fees.
as the original cash deposit bears to the full amount
of the performance guarantee. c. The Director of the Department of Engineering
shall not perform any inspection if sufficient funds to
e. If any portion of the required improvements are pay for those inspections are not on deposit.
rejected, the approving authority may require the
obligor to complete or correct such improvements 8. In the event that final approval is by stages or
and, upon completion or correction, the same sections of development pursuant to Subsection A of
procedure for notification, as set forth in this Section, NJSA 40:55D-38, the provisions of this Section shall
shall be followed. be applied by stage or section.
6. Nothing herein, however, shall be construed to limit 9. To the extent that any of the improvements
the right of the obligor to contest by legal proceedings have been dedicated to the City of Newark on
any determination of the Municipal Council or the the subdivision plat, the Municipal Council shall
254
be deemed, upon the release of any performance sale or conveyance of the land or within six (6) years, if
guarantee required pursuant to this Section, to accept unrecorded.
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.
40: 13-12-2. Waiver of Improvements

The Central Planning Board may waive the
requirement to install any of the above specified
improvements by resolution, setting forth the reasons
for waiver and noting them in the minutes; provided
that such waiver does not endanger public health,
safety and welfare.
40:13-13. Penalties, Civil Remedies and Liens
40: 13-13-1. Penalty

If, before final subdivision approval has been granted,
any person who transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly
conditioned on final subdivision approval, as owner
or agent, any land which forms a part of a subdivision
for which municipal approval is required by ordinance,
such person shall be subject to a penalty not to exceed
one thousand ($1,000.00) dollars or each lot disposition
so made shall be deemed a separate violation.
40: 13-13-2. Civil Remedies

In addition to the foregoing, the City may institute and
maintain a civil action:
1. For injunctive relief
2. 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 NJSA 40:55D-56.
40: 13-13-3. Lien

In any such action described in this Chapter, the
transferee, purchaser or grantee shall be entitled to
a lien upon the portion of the land, from which the
subdivision was made that remains in the possession
of the developer or his or her assign or successors, to
secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such
action must be brought within two (2) years after the
date of the recording of the instrument of transfer,
255
Chapter 14. Subdivision Site Plan

Zoning & Design Standards
40:14-1. Variances and Waiver d. Particular attention shall be given to provide for
Any deviation from a provision of this Chapter which safe emergency access for fire and police protection,
is identified as a design standard shall require a vehicular and pedestrian circulation.
waiver by the reviewing board from the specific
design standard. Any other deviation from a standard e. Public open space for social meetings or
contained in this Chapter shall require a variance from recreation and play areas for children shall be
the specific standard in accordance with the Municipal located in a manner which provides security and
Land Use Law. visibility for those residents who use these spaces.
40:14-2. Development Requirement and Standards f. The location of parking lots and refuse collection
facilities shall not be sited so as to cause excessive
40:14-2-1. General Design Standards. foot travel to and from these uses or to conflict with
In reviewing any application for development, the private spaces within two hundred (200) feet of the
Board shall consider the following standards. farthest residence it serves.
1. Design and Building Layout. g. Unnecessary and/or excess lighting should be

a.The design and layout of buildings and parking avoided, but lighting essential for security or safety
areas shall be reviewed so as to provide an high- should always be provided.
quality, urban, compact, and walkable design and
layout. Particular attention shall be given to impact on h. The layout shall provide visual corridors, and
surrounding development, contiguous and adjacent sight lines to incorporate surrounding open space,
buildings and lands, and safety and fire protection. recreational areas, historical landmarks, architectural
or environmental attributes of the area to enhance
2. Circulation. design and environmental aspects of the site.
a. Pedestrian, bicycle, and vehicular traffic movement
within and adjacent to the site with particular i. Consideration shall be given to the situation of
emphasis on the provision and layout of pedestrian the site concerning nearby social services and
circulation from the public right-of-way to the community needs and shall not be inconsistent with
development, parking areas, and off-street loading the land use in that area.
and unloading.
3. Storm Drainage and Public Utilities
b. The Central Planning Board shall ensure that a. Storm drainage, sanitary waste disposal, electrical
parking spaces are usable and are safely and service, water and gas supply shall be reviewed and
conveniently arranged. Access to the site from considered. Particular emphasis shall be given to
adjacent roads shall be appropriately designed using the adequacy of existing and proposed system for
Complete Streets standards outlined in the “Urban improvement of utilities on-site, off-site, on-tract
Street Design Guide” by the National Association of and off-tract to adequately carry storm water, run
City Transporation Officials (NACTO). off, sewage, and to insure an adequate supply of
water at sufficient pressure for potable, commercial,
c. The site plan shall provide a safe and efficient industrial or fire prevention uses.
circulation system for the movement of people,
whether on foot or vehicle into, out of, and within 4. Garbage Disposal
the site. The circulation system shall have minimum a. Garbage disposal shall be adequate to prevent
adverse impact on surrounding areas and shall vermin and rodent infestation and efficient
comply with the Complete Streets standards outlined collection. All disposal systems shall comply with the
in the “Urban Street Design Guide” by the National requirements of the Revised City Ordinances.
Association of City Transporation Officials (NACTO).
256
Chapter 14. Subdivision Site Plan Zoning & Design Standards
5. Environmental Elements. 6. Stopping Sight Distance

The site plan shall be reviewed to assure the Arterial Collector Local
enhancement and protection of such environmental
factors as trees, greenery, open spaces, water bodies, min. 300 feet min. 200 feet min. 150 feet
streams, ditches and culverts, air quality, soils, animal
life and the abatement of noise and air pollution. An 7. Grades
environmental impact statement shall be required upon Arterial Collector Local
request by the Director of Engineering. max. 8% max. 10% max. 12%
40:14-3. Streets Maximum grade in itself is not a complete design

control. It is also necessary to consider the length
40: 14-3-1. Design Standards of a particular grade in relation to desirable vehicle
1. Right-of-Way Widths operation.
Arterial Collector Local
80-130 feet 60-80 feet 50-70 feet For streets in commercial and industrial areas, gradient
design should be less than eight (8%) percent;
The right-of-way for internal roads and alleys in multi- desirably it should be less than five (5%) percent, with
family, commercial, and industrial developments shall emphasis on still flatter gradients.
be determined on an individual basis, and shall in all
cases be of sufficient width and design to provide In order to provide for proper drainage the minimum
access to fire equipment and service trucks. grade that should be used for streets with outer curbs
is five (5%) percent.
2. Pavement Widths
8. Minimum Centerline Radius
46-92 feet 36-44 feet 26-34 feet
500 feet 300 feet 200 feet
3. Sidewalk Widths
9. Cul-de-sac Turnaround
a. A local street open at only one (1) end only should
8 feet or wider 6-8 feet 4-6 feet have a special turning area at the closed end. This
turning area may be of “L,” “T” or circular shape with
4. Sidewalk Distance from Curb Face dimensions as appropriate for the type of vehicle
Arterial Collector Local expected.
min. 8 inches min. 8 inches min. 6 inches
b. The commonly used circular form should have
a minimum curb radius of thirty-five (35) feet in
In some industrial and commercial areas, a buffer
residential areas. Generally, cul-de-sacs should not
width of 2 feet may be stipulated.
be over six hundred (600) feet in length.
5. Design Speed
10. Clearance to Obstructions
Arterial Collector Local a. On all streets, a clearance of at least two (2) feet
35-46 mph 25-35 mph 25 mph shall be provided between the face of curb or edge
of shoulder and obstructions, such as utility poles,
lighting poles, and fire hydrants.
257
11. Milling and Repaving 40:14-5. Sidewalks

a. Milling and repaving, curb to curb, of the street at a
project frontage shall be required if four (4) or more 40: 14-5-1. Design Standards
adjacent gas, electric, water and/or sewer utility 1. Sidewalks are an important element in the circulation
trenches are proposed. pattern and shall be required for all development in the
City of Newark.
b. Milling and repaving, curb to curb, of the street
for the entire block length, shall be required if six 2. Sidewalks may be considered a part of the
(6) or more gas, electric, water and/or sewer utility recreational system. Senior citizens use them for
trenches are proposed within the same tax block or walking as do parents pushing carriages. Young
within the tax blocks across from each other on the children use sidewalks for skating and riding tricycles
street. and other wheeled toys. Sidewalks shall generally
meet the following requirements:
40:14-4. Intersection Design a. Sidewalks shall connect the main entrance of
each building with the street or with the interior
40: 14-4-1. Design Standards road giving access to the building. Sidewalks shall
1. Intersections should be designed with adequate be provided wherever needed to protect the safety
corner sight distance and the area kept free of of pedestrians. All new sidewalks shall comply with
obstacles. The corner sight distance for arterial streets the City’s Complete Streets Policy and the “Urban
should be a minimum of four hundred (400) feet; for Street Design Guide” by the National Association
collector and local streets should be a minimum of of the City Transportation Officials (NACTO), shall
three hundred (300) feet and two hundred (200) feet match with the existing sidewalks, driveways and
respectively. curb elevation within the public rights-of-way, and
shall meet the requirements of the Director of
2. It is desirable for all intersections to meet Engineering.
approximately a ninety (90°) degree angle. Skewed
intersections should be avoided, and in no case should b. Pedestrian walks and sitting areas shall be
the angle be less than seventy-five (75°) degrees. At surfaced so that they will be easily maintained and
street intersections in residential areas the minimum properly illuminated and shaded.
radius of curb return should be twenty (20) feet. In
commercial and industrial areas the curb return radius c. The entire route or alignment of pedestrian walks
should be not less than thirty (30) feet and, desirably, shall be visible from a street or other public ways.
use should be made of a 3-centered curb of sufficient
radii to accommodate the largest vehicles expected. d. A private pedestrian walk shall have a minimum
paved width of five (5) feet, and if dedicated to the
3. Use of “T” intersections in residential subdivision City as a public walk shall have an easement with a
is recommended. However, offsets of at least one minimum of eight (8) feet.
hundred (100) feet between centerline should be
provided. In the case of two (2) collector street e. Handicap and bicycle ramps shall be designed into
intersections this offset should be increased in order all sidewalk designs consistent with the approval of
to allow for lefeet turn storage between intersections. the Director of Engineering. Each intersection shall
have its own ramp.
4. The intersection area and area where vehicles
store while waiting to enter the intersection should be
designed with a flat grade; the maximum grade on the
approach leg should be five (5%) percent.
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Chapter 14. Subdivision Site Plan Zoning & Design Standards
40:14-6. Curbing
40: 14-6-1. Design Standards

1. Streets normally should be designed with curbs
for high utilization of available width, for control of
drainage, protection of pedestrians, and for delineation.
2. Curbs should be straight battered with a minimum of

six (6) inches exposed to the roadway.
40:14-7. Street Lighting

1. Unnecessary lighting should be avoided, but lighting
essential for security or safety should always be
provided.
2. The minimum level of illumination for residential

areas should be within the range of 0.4 to 1.0 average
maintained footcandle. For commercial or industrial
areas, the minimum level of illumination should be
within the range of 1.0 to 1.6 within the range of 3:1 to
4:1 where the average intensity is 0.6 footcandle or
greater, and no worse than 6:1 where the intensity is
lower than 0.6 footcandle.
40:14-8. Traffic Control Devices

1. On the recommendation of the Director of
Engineering, in order to facilitate the safe and efficient
movement of traffic into and out of a site, the Central
Planning Board or Board of Adjustment may require
the installation of traffic control devices at designated
locations on the site.
2. Where required on the site, all devices must

conform with the current manual on uniform traffic
control devices. The pro-rated cost of the off-site
improvements shall be borne by the developer.
40:14-9. Additional Measures

The Central Planning Board 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.
259
Chapter 15. Site Plan Procedures

40:15-1. Title b. Increase in the number of dwelling units; or,
This Title shall be known and cited as the “Site Plan Increase in number of bedrooms of any dwelling unit;
Procedures.” Change to any distinctive architectural features of
the façade.
40:15-2. Purpose
The purpose of this Title shall be to establish the 3. The construction of new residential units:
mandatory requirements that shall be met prior to site a. One (1) and two (2) family attached and detached
plan approval and those standards to be utilized in the homes which total three (3) or more units within the
site plan review process. This Title shall be applicable same tax block.
to the development of all lands within the City of b. Three (3) family detached units.
Newark, New Jersey, in order to promote the public c. Three (3) or more attached units including row
health, safety, and general welfare of the City. houses and/or town houses.
d. Multi-family buildings (four (4) or more families)
40:15-3. Severability & Validity
If any clause, sentence, subparagraph, paragraph, 4. Rehabilitation of any industrial or warehousing
section, or article of this Title hereinafter adopted structure that involves a change in that structure’s use
or any part thereof is held invalid, inoperable, or group as described in the International Construction
unconstitutional by a court of competent jurisdiction, Code, 2000 (ICC), or its equivalent replacement
such determination, order or judgment shall not affect, construction code put into use by the City of Newark.
impair, or invalidate the remaining portions of this
Chapter, but shall be confined in its operation to the 5. The construction of new commercial, industrial or
clause, sentence, subparagraph, paragraph, section, institutional structures with a gross floor area of one
article, chapter, title or part thereof directly involved in thousand (1,000) square feet or more.
the controversy in which the determination, order or
judgment shall have been rendered. 6. The construction of structures other than buildings
(e.g., water tower/chemical containers) of one
40:15-4. Compliance with Applicable thousand (1,000) square feet or more of grade level or
Requirements ground floor area.
The procedures for processing site plans shall comply
with the requirements of the Land Use Procedures 7. The development of an area of five thousand
Ordinance of the City of Newark. (5,000) square feet or more which is wholly devoted to
playground, garden or park purposes.
40:15-5. Applicability
8. Any vehicular parking or storage lot development
40:15-5-1. Site Plan Review and Approval shall be consisting of five (5) or more spaces and/or the
required from the Central Planning Board for all Land development of any vehicular parking area or paved
Development involving: area of one thousand (1,000) square feet or more.
1. An enlargement which increases the square 9. Establishment of parking areas using “automotive
footage/floor areas of an existing structure by one lifts.”
thousand (1,000) square feet or more.
10. Establishment, enlargement, or conversion of an
2. Rehabilitation of any unoccupied residential outdoor storage, salvage, junk or equipment yard.
structure of four (4) or more units where there is:
a. Changes to site plan, such as the enlargement 11. Establishment of any institutional residential facility
or change in the location or configuration of any including but not limited to a hospital, prison, dormitory,
principal or accessory structure; shelter, or reformatory.
260
12. The rehabilitation of any structure where the 5. The creation of one (1) or two (2) new residential
principal use changes between any of the following dwellings within an existing building currently used
categories: residential, commercial, institutional, exclusively for retail, food service, office, or personal
warehousing, industrial, or automotive. service establishments provided that the dwellings are
on the building’s second story or higher. Such dwelling
13. The rehabilitation of any structure where the creation/conversion shall not affect the existing
number or type of automotive, commercial, industrial, zoning conformity status for its existing building,
warehousing, or institutional units or uses in that unless a building addition increases the degree of
structure increases. a nonconformity or creates new nonconformities,
in which case site plan review as well as applicable
14. Approval of site plan shall be obtained prior to the variances shall be required.
commencement of any excavations, compactions,
removal of soil, clearing of a site, construction or 6. The construction of new commercial, industrial or
demolition, or placing of any fill on land contemplated institutional structures with a gross floor area of less
for development. Site plan approval is a prerequisite than one thousand (1,000) square feet.
to the issuance of a building permit. No certificate of
occupancy shall be issued unless all construction and 7. The construction of structures other than buildings
development conforms to the plans as approved by the (e.g., water tower/chemical containers) of less than
reviewing board. one thousand (1,000) square feet of grade level or
ground floor area.
40:15-6. Exceptions
8.The development of an area of less than five
40:15-6-1. Site Plan Review shall not be required thousand (5,000) square feet which is wholly devoted
for: to playground, garden or park purposes.
1. An enlargement which increases the square
footage/floor area of an existing structure by less than 9. Any vehicular parking or storage lot development
one thousand (1,000) square feet. consisting of fewer than five (5) spaces and/or
development of any vehicular parking area less than
2. Rehabilitation of any unoccupied residential one thousand (1,000) square feet.
structure of fewer than four (4) units.
10. Construction of a private accessory use such as a
3. Rehabilitation of any unoccupied or occupied garage, toolhouse or greenhouse.
residential structure where there is no proposed:
a. Changes to site plan, such as the enlargement 40:15-7. Minor Site Plan Procedure
or change in the location or configuration of any
principal or accessory structure; 40:15-7-1. Applications for site plan approval may be
b. Increase in the number of dwelling units; deemed to be minor site plans upon meeting all of the
c. Increase in the number of bedrooms of any following criteria:
dwelling unit; or
d. Change to any distinctive architectural features of 1.Where new construction is less than five thousand
the façade. (5,000) square feet of floor area;
4. Rehabilitation of any commercial, industrial and 2.Where an addition to an existing building is less than
institutional structures if the use group does not one thousand (1,000) square feet of floor area;
change, or if the numbers and/or types of units do not
increase. 3. Involves the disturbance to land, or added impervious
coverage, of less than five thousand (5,000) square
feet or twenty-five (25%) percent of the total area of
the lot, whichever is less;
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4. Includes only as-of-right permitted uses in the was barred or prevented, directly or indirectly, from
district, not conditionally permitted uses, and not uses proceeding with the development because of delays
for which “d” variances have previously been granted; in obtaining legally required approvals from other
governmental agencies and that the developer applied
5. The proposed development conforms to all zoning promptly for and diligently pursued the required
requirements and requires no “d” or “c” variances, no approvals. The developer shall apply for an extension
waivers from Newark’s site plan standards other than before: (a) what would be the expiration date of minor
submission checklist waivers, no allowable deviation subdivision approval; or (b) the ninety-first (91) day
from any adopted redevelopment plan; and after the developer receives the first legally required
approval from other governmental entities, whichever
6. Does not involve planned development as defined occurs later.
by the MLUL, any new street or extension of tract
improvement which is to be prorated pursuant to NJSA 40:15-8. Major Site Plan Procedure
40:55D-42
40:15-8-1. General
40:15-7-2. All other site plan applications which are The information hereunder is required as part of an
not deemed to be minor site plans shall be deemed to application for site plan review. Failure to supply any
be major site plans. of the required information and/or payment of fees
shall constitute an incomplete submission and the
40:15-7-3. Submission Requirements and application will not be acted upon by the Central
Procedure Planning Board.
The minor site plan application submission
requirements shall be the same as those required 1. Site plans submitted shall conform to the zoning
for major site plan review. However, in those regulations as set forth in Title XL, Zoning, Revised
circumstances where information required has no General Ordinances of the City.
impact or is not relevant to the Board’s determination
of whether the site plan meets the requirements and 2. The applicant shall submit a completed City of
standards of the Newark Zoning Ordinance and site Newark Central Planning Board/Zoning Board of
plan standards, submission waivers may be requested Adjustment application with the payment of the
by the applicant and shall be reasonably granted. required fee, as provided in Section 37:4-2.
40:15-7-4. Effect of Approval 3. Clear, color photos of site.

Approval of a minor site plan shall be deemed final
approval provided that the Board may condition such 4. The applicant shall submit the required number
approval on the provision of improvements as may be of site plan drawings, each of which shall bear the
required. The zoning requirements and general terms impression seal and the inked signature of the
and conditions, whether conditional or otherwise, licensed architect, engineer or land surveyor for the
upon which minor subdivision or site plan approval appropriate drawing as required by NJAC 13:40-1
was granted, shall not be changed for a period of and 13:40-2 and shall be in conformance with the
two (2) years after the date on which the resolution preliminary and final site plan requirements detailed in
of approval is adopted provided that the approved Sections 40:15-8-2 and 40:15-8-3.
minor subdivision shall have been duly recorded in
accordance with Subsection 3 below. 5. The following must be submitted at least two (2)
days prior to the hearing:
40:15-7-5. Extensions of Minor Site Plan Approval
The Board shall grant an extension of minor site plan a. Certified Mail Receipts for notice requirement
approval for a period determined by the Board, but (1) Mounted on 8.5 x 11 inch bound paper
not exceeding one (1) year from what would otherwise (2) Six to a page
be the expiration date, if the developer proves to the (3) Arranged in the same order as indicated on the
reasonable satisfaction of the Board that the developer certified list of property owners (a properly certified
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U.S. Postal Form 3877 will be accepted in lieu of CD (compact disk) or USB drive, which shall be
the mounted receipts, provided that the addresses submitted with other required documentation. The
are arranged in the same order as indicated on the digital files shall be combined into a single Adobe
certified list) Portable Document File (PDF file format).
b. Affidavit of Proof of Service by individual who
performed mailing certified. f. The preliminary submission shall be made at least
c. Affidavit of publication from newspaper. thirty (30) days prior to the regularly scheduled
meeting of the Board.
6. For projects greater than five thousand (5,000)
square feet, the applicant shall submit for the Final 2. Board Action
SIte Plan six (6) copies of the Soil Erosion and a. Except for applications governed by the time limits,
Sedimentation Control Plan to the Central Permit the Board shall approve, conditionally approve or
Office, Department of Engineering for their review. The deny a preliminary major site plan which involves
Department of Engineering shall inform the Secretary ten (10) acres of land or less, and ten (10) dwelling
of the Central Planning Board of its action and/or units or less, within forty-five (45) days after the
comments and forward a copy of the plan after it has submission of a complete application unless the
been approved. applicant shall extend the period of time within which
the Board may act.
40:15-8-2. Preliminary Major Site Plan
1. Submission Requirements b.The Board shall approve, conditionally approve or
a. Six (6) sets of site plan drawings which are deny the preliminary major site plan of more than ten
submitted as a part of a preliminary site plan (10) acres or more than ten (10) dwelling units within
application shall include a cover sheet, a boundary ninety-five (95) days after the application is certified
and topography survey map and a site detail plan, complete unless the applicant shall extend the
the details of which shall comply with Section 40:15- period of time within which the Board may act.
8-6. Six (6) sets of the site plan are required unless
stated otherwise in this Title. Additional sets for c. Failure of the Board to act within the time
hearing will be required. prescribed shall constitute preliminary major site plan
approval and a certificate of the Secretary of the
b.The site plan drawings shall be prepared in the size Board as to the failure of the Board to act shall be
of twenty-four (24) inches by thirty-six (36) inches or issued on request of the applicant.
thirty (30) inches by forty-two (42) inches.
The sites which cannot be accommodated within 3. Substantial Modification
the thirty (30) inches by forty-two (42) inches, the a.. If any substantial modification is proposed
plan may be drawn at a smaller scale; however, or required after preliminary approval has been
the selection of such scale shall require prior granted, an application for such modification shall
consultation and approval by the Board staff. Upon be submitted and proceeded upon as in the case
scheduling, fourteen (14) copies of 11 x 17 inch size of the original application for development. The
sets will be required. applicant may apply for modification approval either
independently of or concurrently with application
c. The cover sheet and site plan detail sheet for final approval. In either case, notice pursuant to
information may be combined on one (1) sheet in NJSA 40:55D-1 et seq. shall be required and shall
those cases where the required information can be state the nature of the proposed modification. A
effectively and clearly shown. substantial modification shall mean one which: (a)
increases the density of development; (b) increases
d.All drawings shall be numbered in sequential the square footage of buildings; (c) proposes a
fashion and properly identified. different use; (d) would result in increased adverse
impact upon properties in the immediate area with
e. Digital Submission Requirement: All required respect to factors such as, but not limited to, noise,
documents shall also be submitted digitally on a glare and increased drainage runoff; or (e) materially
263
changes a required element of the development would otherwise be the expiration date. The
plan. developer may apply for an extension either before
or after what would otherwise be the expiration
b. If the Central Planning Board or the Zoning Board date.
of Adjustments required any substantial amendment v.The Board shall grant an extension of preliminary
in the layout or design of improvements proposed approval for a period determined by the Board,
by the developer, that have been the subject of a but not exceeding one (1) year from what would
hearing, an amended application for development otherwise be the expiration date if the developer
shall be submitted and proceeded upon, as in the proves to the reasonable satisfaction of the Board
case of the original application for development. that the developer was barred or prevented directly
The Central Planning Board shall, if the proposed or indirectly from proceeding with the development
development complies with the ordinance and the because of delays in obtaining legally required
Municipal Land Use Law, grant preliminary approval. approvals from other governmental entities and
that the developer applied promptly for and
4. Effect of Preliminary Approval diligently pursued the required approvals. The
a. Preliminary approval of a major site plan, except developer shall apply for the extension before: (a)
as provided in this Section, shall confer upon the what would otherwise be the expiration date of
applicant the following rights for a three (3) year the preliminary approval; or (b) the ninety-first (91)
period from the date on which the resolution day after the developer received the last legally
granting preliminary approval is adopted. required approval from other governmental entities,
i.That the general terms and conditions on whichever is later. An extension granted pursuant
which preliminary approval was granted shall to this Section shall not preclude the Board from
not be changed, including, but not limited to: granting an extension pursuant to the previous
use requirements; layout and design standards paragraphs above.
for streets, curbs and sidewalks; lot sizes; yard
dimensions and off-tract improvements; and in the 5. Simultaneous Preliminary and Final Site Plan
case of a site plan, any requirements particular to Approval
the site plan approval pursuant to NJSA 40:55D- a. Combined preliminary and final site plan
41, except that nothing herein shall be construed approval may be granted provided all submission
to prevent the City from modifying by ordinance requirements for both applications are met. The time
such general terms and conditions of preliminary limit within which the Board shall act shall be the
approval as related to the public health and safety. longest time period permitted for either of the two
(2) approvals.
ii.That the applicant may submit for final approval
on or before the expiration date of preliminary 40:15-8-3. Final Major Site Plan Requirements
approval the whole or a section or sections of the 1. Submission Requirements
preliminary subdivision plat or site plan, as the case a. Final site plan drawings shall include any changes
may be. or modifications required by the Board while granting
preliminary approval, and the additional information
iii. That the applicant may apply for and the Board required hereunder pursuant to this Section and
may grant extension on such preliminary approval Section 40:15-8-2.
of at least one (1) year, but not to exceed a total
extension of two (2) years, provided that if the b. Six (6) sets of copies of the site plan duly revised
design standards have been revised by ordinance, shall be required for the final submission.
such revised standards may govern.
c. Digital Submission Requirement: All required
iv. Whenever the Board grants an extension of documents shall also be submitted digitally on a
preliminary approval pursuant to the previous CD (compact disk) or USB drive, which shall be
paragraphs above and preliminary approval has submitted with other required documentation. The
expired before the date on which the extension digital files shall be combined into a single Adobe
was granted, the extension shall begin on what Portable Document File (PDF file format).
264
d. The final submission shall be made at least twenty or after what would otherwise be the expiration date.
(20) days prior to the regularly scheduled meeting of
the Board. c. The Board shall grant an extension of final
approval for a period determined by the Board
2. Board Action but not exceeding one (1) year from what would
a. The Board shall grant final approval if the otherwise be the expiration date, if the developer
detailed drawings, specifications and estimates of proves to the reasonable satisfaction of the Board
the application for final approval conform to the that the developer was barred or prevented, directly
standards established by ordinance for final approval, or indirectly, from proceeding with because of delays
the conditions for preliminary approval. in obtaining legally required approvals from other
governmental entities and that the developer applied
2. Final approval shall be granted or denied within promptly for and diligently pursued these approvals.
forty-five (45) days after submission of a complete A developer shall apply for an extension before:
application or within such further time as may be (a) what would otherwise be the expiration date of
consented to by the applicant. Failure of the Board final required approval; or (b) the ninety-first (91) day
to act within the period prescribed shall constitute after the developer receives the last legally required
final approval and a certificate of the Secretary of the approval from other governmental entities, whichever
Central Planning Board as to the failure of the Board occurs later. An extension granted pursuant to this
to act shall be issued on request of the applicant. Section shall not preclude the Board from granting
an extension pursuant to the preceding paragraphs.
3. Whenever review or approval of the application
by the County Planning Board is required by NJSA 5. Conditions of Approval
40:27-6.1 or 40:27-6.6, the Board shall condition its a. Conditions Binding. All conditions of preliminary
approval on timely receipt of a favorable report on the and final approval shall be binding upon the
application by the County Planning Board or approval applicant, all present and future owners, tenants,
by the County Planning Board by its failure to report users and occupants of the property and their
thereon within the required time period. respective successors and assigns.
4. Effect of Final Approval b. Failure to Maintain. The applicant and any

a.The zoning requirements applicable to the successor in interest shall be responsible for
preliminary approval first granted and all other rights installing and maintaining in good order and
conferred upon the developer, whether conditionally condition all required improvements and landscaping,
or otherwise, shall not be changed for a period of unless such improvements and landscaping are to
two (2) years after the date on which the resolution be installed by, and/or dedicated and maintained
of final approval is adopted. If the developer has by the City, County or another party under the
followed the standards prescribed for final approval terms of approval granted by the Board. Such
the Board may extend such period of protection for required improvements shall include, but not limited
extensions of one (1) year but not to exceed three (3) to, parking improvements, buffer zones, drainage
extensions. Notwithstanding any other provisions of facilities, exterior lighting, and landscaping. Failure
this Chapter, the granting of final approval terminates of any responsible party to install and/or maintain
the time period of preliminary approval, for any the required improvements or landscaping shall
Section of the development which is granted final constitute a violation of this Chapter and shall be
approval. subject to the enforcement procedures set forth
herein.
b. Whenever the Board grants any extension of final
approval pursuant to the preceding paragraph, and 40:15-8-4. Amended Site Plan Review
final approval has expired before the date on which Applications for amended site plan review shall be
the extension is granted, the extension shall begin governed by the same requirements as all other
on what would otherwise be the expiration date. The applications for site plan review.
developer may apply for the extension either before
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40:15-8-5. Conditional Use Approval lines. It shall indicate true north or magnetic north.
1. Submission requirements for conditional use
applications shall be the same as for a major site plan, d. The location of any existing monuments used for
except as set forth below. the survey. The areas of the site in square feet and
a. The Board shall grant or deny an application for acres to the nearest hundredth.
conditional use approval within ninety-five (95) days
of submission of a complete application or within e. Existing site elevations and countour lines at two
such further time as may be consented to by the (2) foot intervals. If an assumed datum is used, its
applicant. If relief is requested pursuant to NJSA locations, should be clearly indicated.
40:55D-70d, the Board shall grant or deny within
one hundred twenty (120) days of submission of a f. The natural site characteristics such as streams,
complete application or within such further time as drainage ways, lakes, existing vegetation, marsh
consented by the applicant. vegetation, etc.
b. The Board shall approve or deny a conditional use g. Location, size and nature of existing buildings,
application simultaneously with any accompanying structures, and impervious areas.
site plan application. The longest time for action
by the Board, whether it be for conditional use or h. Locations and dimensions of existing rights of
site plan approval, shall apply. Whenever approval way/easements deed restrictions on survey or plan.
of a conditional use is requested by the applicant,
notice of the hearing on the application shall include i. A legend indicating all symbols used on survey
reference to the request for conditional use approval. sheet.
c. In approving a conditional use, a time limit of one j. Lot area in square feet.
(1) year from the date of the approval shall be set
within which the owner shall secure a construction k. Utility locations.
permit; otherwise the approval shall be null and
void. The Board may, for good cause shown, extend 2. Site Plan Cover Sheet:
the period for securing a construction permit for an a. A detailed textual project description on the cover
additional period not exceeding six (6) months. sheet of the plans to include, but not limited to:
Number of proposed uses and types of uses
d. The conditions for approval shall be those Number of dwelling units, broken down by
specifically set forth above as well as the applicable Number of bedrooms
area and yard requirements listed in each zoning Hours of operation
district, the parking and buffer requirements set forth Number of employees: total and by shift
above and all other applicable design requirements Anticipated traffic volume
provided in this Chapter. Hazardous material information (chemicals to be
used/stores at site, and long-term effects on site
40:15-8-6. Major Site Plan Drawing Requirements from chemical usage/storage at site)
Anticipated noise impacts
1. Survey Map Number of parking spaces
a. A survey of the site shall be performed by a New
Jersey licensed surveyor pursuant to NJSA 45:8. b. Statement of whether or not the site is located in
a flood hazard area and if so how mitigated.
b. A title block pursuant to NJSA 13:40-2 in bottom
right corner listing street addresses, block and lot c. A listing of all variances, conditional use approvals
numbers, and land area. and all other municipal, County, State, Federal and
other (e.g., PVSC) permits required, applied for and/
c. Bearings to the nearest ten seconds and or received, as well as the date and requirements
distances to the nearest hundredth for all property of such (if none required, state same), in chart form
showing the requirement, project provisions and
266
whether variances or waivers are needed. mature height, planting height or caliper, and
quantities of all proposed and existing plantings,
d. A locational key map at a scale of 1” = 1,000’ with a maintenance statement and planting details.
north directional arrow, a graphic scale, the names of Existing live trees over three inches caliper shall be
all streets and rights-of-way within a three thousand preserved.
(3,000) foot radius of the site.
6. Lighting Plan:
e. The street address and block and lot numbers of a. The location, type and height of all existing and
the site as shown on the current City tax map and proposed exterior on-site, pole and building mounted
the zoning designation of the property in the title and adjacent right-of-way lighting, with isolux
block at the bottom right corner of the cover page. contours of illumination showing effects in buildings,
sidewalks, parking areas, signs and any spillover
f. Block Diagram of 200’ radius labeled with zoning, effects, etc.
buildings, footprints, land uses and fire hydrants
shown. b. The construction details of all proposed fixtures
shall be illustrated.
3. Site Plan:
a. A title bock pursuant to NJSA 13:40-1. c. Lighting design shall conform to the current
Illuminating Engineering Society Lighting
b. North Arrow. Handbook.
c. Cross section of proposed site characteristics, 7. Soil Erosion/Sediment Control Plan.

retaining walls, and slopes on plans.
8. Parking Plan:
d. Proposed building locations, building dimensions, a. Location and dimensions of any vacated or
construction types, and building setbacks on plans. intended to be vacated streets and nature of all
easements and rights-of-way.
e. Fencing, type and height, gates if proposed.
b. Names and width of all adjacent streets showing
f. Retaining walls, type and height, if proposed. directions of vehicular traffic flow and all utilities
within existing streets.
g. Adjacent Streets shown on plans with direction
arrows to show traffic flow. c. A layout of all on-site traffic and/or off-site
parking arrangements, including circulation patterns
h. Details of all paving, walls, curbs, handicapped for pedestrians and vehicular traffic and
features, etc. on plans. measurements for all driveways, travel ways and
parking spaces.
i. Facilities for the storage and collection of refuse
and recyclable materials for the site including details d. Measurements for curb widths and driveway
of walls or fences used for screening purposes as spacing.
well as measures to assure protection from
infestation of rats and vermin, etc. Provisions for e. Walkway depictions on plans with information
collection of refuse shall also be provided. about pavement types and curbing.
4. Demolition Plan: f. Vehicular circulation depictions for trucks.

a. Proposed demolition activities (indicated in dashed
lines) on a separate page on plans. g. On-site loading/drop-off/pick-up areas identified
and with measurements.
5. Landscaping Plan:
a. The locations, species name, common name, h. Company vehicle/trucks, number owned by
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company if any.
c. For residential projects, a table with number of
i. Provision for handicapped persons such as parking units, bedroom count and square footage range.
facilities accompanied with easy accessibility
through sidewalks and ramps, housing units, etc., 12. Detail sheets:
as required by the Barrier-Free Design Regulations a. Drywell profiles, street tree plantings, curb cuts
(NJAC Title 17). profiles, fence details, traffic details, sign details,
retaining wall details, sidewalk and curb details,
9. Storm Water/Utility Plan: handicap ramp details, pavement restoration details.
a. Storm drainage calculations (sanitary flow and
run-off calculations) with details on retention 40:15-8-7. Variances Without Site Plan Submission
facilities, elevations and flow direction. Requirements
b. Percolation test result for storm water drainage 1. Variance applications that are not part of a
seepage pits or drywells. subdivision or site plan application shall submit the
following:
c. Utility connections plan with diameters for all
service and public lines (or for the reuse of existing a. The applicant shall submit a completed City of
buildings, a statement of plans signifying if existing Newark Central Planning Board/Zoning Board of
utility connections are to be used otherwise a utility Adjustment application with the payment of the
plan is required for new construction). required fee, as provided in Section 37:4-2.
d. The location, type, size, inverts, and slope of all b. Six (6) sets of site plan drawings which are
sanitary utilities such as grease traps, oil separators, submitted as a part of a preliminary site plan
clean outs, manholes, monitoring points, or any other application shall include a cover sheet, a boundary
appurtenances required. and topography survey map and a site detail plan,
the details of which shall comply with Section 40:15-
e. Utility pole locations. 239
f. Mechanical and HVAC location and type. c.The site plan drawings shall be prepared in the size
of twenty-four (24) inches by thirty-six (36) inches or
g. Water meter setting diagrams. thirty (30) inches by forty-two (42) inches.
The sites which cannot be accommodated within
10. Building Elevations: the thirty (30) inches by forty-two (42) inches, the
a. Finished floor elevations and the datum upon plan may be drawn at a smaller scale; however,
which these are based. the selection of such scale shall require prior
consultation and approval by the Zoning
b. Indicating heights, colors, exterior materials and Board of Adjustment. Additional sets of plans for
finishing details, including but not limited to walls, Board members shall be required upon scheduling of
windows, and fenestrations. hearing.
c. Signage plan detailing type, illumination method, d. The cover sheet and site plan detail sheet
location, material, colors, measurements, installation information may be combined on one (1) sheet in
method. those cases where the required information can be
effectively and clearly shown.
11. Floor Plans:
a. Individual room measurements showing width and e. All drawings shall be numbered in sequential
depth of each room in feet, building measurements fashion and properly identified.
showing width and depth of building, unit
measurements, units labeled. f. Digital Submission Requirement: All required
documents shall also be submitted digitally
b. Room labels including number of bedrooms.
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on a CD (compact disk) or USB drive, which

shall be submitted with the rest of the required b. Site Plan
documentation. The digital files shall be combined
into a single Adobe Portable Document File (PDF i. A detailed textual project description on the
file format). cover sheet of the plans to include, but not limited
to:
g. The preliminary submission shall be made thirty Number of proposed uses and types of uses
(30) days prior to the regularly scheduled meeting of Number of dwelling units, broken down by
the Board. Number of bedrooms
Hours of operation
2. Variances without site plan Drawing Requirements Number of employees: total and by shift
Anticipated traffic volume
a. Survey Map Hazardous material information (chemicals to be
used/stores at site, and long-term effects on site
i. A survey of the site shall be performed by a New from chemical usage/storage at site)
Jersey licensed surveyor pursuant to NJSA 45:8. Anticipated noise impacts
Number of parking spaces
ii. A title block pursuant to NJSA 13:40-2 in bottom
right corner listing street addresses, block and lot ii. Statement of whether or not the site is located in
numbers, and land area. a flood hazard area and if so how mitigated.
iii. Bearings to the nearest ten seconds and iii. A listing of all variances, conditional use
distances to the nearest hundredth for all property approvals and all other municipal, County, State,
lines. It shall indicate true north or magnetic north. Federal and other (e.g., PVSC) permits required,
applied for and/ or received, as well as the date
iv. The location of any existing monuments used and requirements of such (if none required, state
for the survey. The areas of the site in square feet same), in chart form showing the requirement,
and acres to the nearest hundredth. project provisions and whether variances or
waivers are needed.
v. Existing site elevations and countour lines at two
(2) foot intervals. If an assumed datum is used, its iv. A locational key map at a scale of 1” = 1,000’
locations, should be clearly indicated. with a north directional arrow, a graphic scale, the
names of all streets and rights-of-way within a
vi. The natural site characteristics such as streams, three thousand (3,000) foot radius of the site.
drainage ways, lakes, existing vegetation, marsh
vegetation, etc. v. The street address and block and lot numbers of
the site as shown on the current City tax map and
vii. Location, size and nature of existing buildings, the zoning designation of the property in the title
structures, and impervious areas. block at the bottom right corner of the cover page.
viii. Locations and dimensions of existing rights of vi. Block Diagram of 200’ radius labeled with
way/easements deed restrictions on survey or zoning, buildings, footprints, land uses and fire
plan. hydrants shown.
ix. A legend indicating all symbols used on survey vii. A title bock pursuant to NJSA 13:40-1.
sheet.
viii. North Arrow.
x. Lot area in square feet.
ix. Cross section of proposed site characteristics,
xi. Utility locations. retaining walls, and slopes on plans.
269
x. Proposed building locations, building dimensions, ii. Names and width of all adjacent streets showing
construction types, and building setbacks on plans. directions of vehicular traffic flow and all utilities
within existing streets.
xi. Fencing, type and height, gates if proposed.
iii. A layout of all on-site traffic and/or off-site
xii. Retaining walls, type and height, if proposed. parking arrangements, including circulation
patterns for pedestrians and vehicular traffic and
xiii. Adjacent Streets shown on plans with direction measurements for all driveways, travel ways and
arrows to show traffic flow. parking spaces.
xiv. Details of all paving, walls, curbs, handicapped iv. Measurements for curb widths and driveway
features, etc. on plans. spacing.
xv. Facilities for the storage and collection of v. Walkway depictions on plans with information
refuse and recyclable materials for the site about pavement types and curbing.
including details of walls or fences used for
screening purposes as well as measures to assure vi. Vehicular circulation depictions for trucks.
protection from infestation of rats and vermin, etc.
Provisions for collection of refuse shall also be vii. On-site loading/drop-off/pick-up areas
provided. identified and with measurements.
c. Demolition Plan viii. Company vehicle/trucks, number owned by

i. Proposed demolition activities (indicated in company if any.
dashed lines) on a separate page on plans.
ix. Provision for handicapped persons such
d. Landscaping Plan as parking facilities accompanied with easy
i. The locations, species name, common name, accessibility through sidewalks and ramps, housing
mature height, planting height or caliper, and units, etc., as required by the Barrier-Free Design
quantities of all proposed and existing plantings, Regulations
maintenance statement and planting details.
Existing live trees over three inches caliper shall be x. Water meter setting diagrams.
preserved.
g. Building Elevations:
e. Lighting Plan
i. The location, type and height of all existing and i. Finished floor elevations and the datum upon
proposed exterior on-site, pole and building which these are based.
mounted and adjacent right-of-way lighting
sidewalks, parking areas, signs and any spillover ii. Indicating heights, colors, exterior materials and
effects, etc. finishing details, including but not limited to walls,
windows, and fenestrations.
ii. The construction details of all proposed fixtures
shall be illustrated. iii. Mechanical and HVAC location and type.
iii. Lighting design shall conform to the current iv. Signage plan detailing type, illumination
Illuminating Engineering Society Lighting method, location, material, colors, measurements,
Handbook. installation method.
f. Parking Plan h. Floor Plans

i. Location and dimensions of any vacated or i. Individual room measurements showing
intended to be vacated streets and nature of all width and depth of each room in feet, building
easements and rights-of-way.
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measurements showing width and depth of requirements and recommendations raised by any of
building, unit measurements, units labeled. the above City agencies.
ii. Room labels including number of bedrooms. 40:15-8-10. Planned Unit Development & Public
Areas
iii. For residential projects, a table with number of 1. The planned unit development and public areas shall
units, bedroom count and square footage range. require that prior to approval of such development, the
Central Planning Board shall find the following facts
i. Detail sheets and conclusions:
i. Drywell profiles, street tree plantings, curb cuts a. That departure by the proposed development
profiles, fence details, sign details, retaining wall from zoning regulations, otherwise applicable to
details, sidewalk and curb details, handicap ramp the subject property, conforms to Title XL, Revised
details, pavement restoration details. General Ordinances of the City of Newark;
40:15-8-8. Pre-Application Conference b. That the proposals for maintenance and

The developer may participate in a pre-submission conservation of the common open space are
conference with the Newark Planning Office and supported, and the amount, location and purpose of
the Engineering Department, either in person or by the common open space are adequate;
agent. The purpose of this conference shall be to
evaluate the proposal for the type of review required c. That provisions through the physical design
and to ensure that the developer receives all proper of the proposed development for public services
information regarding the submission. No statement control other vehicular and pedestrian traffic, and
or representation by either the developer, the Newark the amenities of light and air, recreation and visual
Planning Office or the Engineering Department at this enjoyment are adequate;
conference shall be binding or final. The Secretary may
request that representatives of various City reviewing d. That the proposed planned unit development will
agencies or departments attend any pre-application not have an unreasonably adverse impact upon the
meeting. area in which it is proposed to be established.
40:15-8-9. City Agencies & Department Review 2. In the case of a proposed development which
The Secretary to the reviewing board shall forward contemplates construction over a period of years,
the application for site plan approval and a copy of that the terms and conditions intended to protect the
site plan drawings to the following City agencies interests of the public and of the residents, occupants
and department heads for their review and written and owners of the proposed development in the total
comments. completion of the development are adequate.
1. One (1) copy to the Central Planning Board staff.
2. Two (2) copies to the Department of Engineering. 40:15-8-11. Ownership and Maintenance
3. One (1) copy to the Department of Water/Sewer of Common Open Spaces in Planned Unit
Utilities. Development.
4. One (1) copy to the Fire Department. 1. Public Dedication. Common open space which may
5. One (1) copy to the Police Department. be dedicated to the City shall be free and clear of
all mortgages and encumbrances, and shall only be
The Central Planning Board shall retain one (1) copy dedicated at the discretion of the City.
for its records.
2. Private Dedication. Dedicated areas may be
The applicant is expected to comply with any deeded free and clear of any encumbrances, to a
permanent property owner’s association, cooperative
or condominium corporation for its use, control and
management for common open space, recreational or
other similar use, and providing appropriate restrictions
271
to assure the effectuation of the purpose of this the development, to be held by the Central Planning
Section and to provide for the maintenance and Board at which hearing such organization and
control of the area. The organization shall meet the the owners of the development shall show cause
following standards, to be written into the articles of why such maintenance by the City shall not, at the
incorporation and/or bylaws: election of the City, continue for a succeeding year.
a. The developer shall provide for an organization for If the City shall determine that such organization
the ownership and maintenance of any open space is ready and able to maintain the open space in
for the benefit of owners or residents, if said open reasonable condition, the City shall cease to maintain
space is not dedicated to the City. Such organization the open space at the end of the year. If the Director
shall not be dissolved and shall not dispose of any shall determine such organization is not ready and
open space, by sale or otherwise, except to an able to maintain the open space in a reasonable
organization conceived and established to own and condition, the City may, in its discretion, continue to
maintain the common open space for the benefit of maintain the open space during the next succeeding
such development, and thereafter such organization year, subject to a similar hearing and determination
shall not be dissolved or dispose of any of its open in each year thereafter. The decision of the Central
space without first offering to dedicate the same to Planning Board shall constitute a final administrative
the City. decision, subject to judicial review.
b. In the event that such organization shall fail c. The cost of such maintenance by the City shall be
to maintain the open space in reasonable order assessed by the Director of Engineering prorated
and condition, the Director of Engineering or the against the properties within the development that
Secretary of the Central Planning Board may serve have a right of enjoyment of the common open
written notice upon such organization or upon space, in accordance with assessed value at the time
the owners of the development, setting forth the of imposition of the lien, and shall become a lien
manner in which the organization has failed to and tax on these properties and assessed thereon
maintain the open space in reasonable condition, and shall be enforced and collected with interest by
and the notice shall include a demand that such the same officers and in the same manner as other
deficiencies of maintenance be cured within thirty- taxes.
five (35) days thereof and shall state the date and
place of a hearing thereon, which shall be held 40:15-8-12. Reservation of Public Areas
within fifteen (15) days of the notice. At such hearing The Master Plan or the Official Map provides for the
the Central Planning Board may modify the terms reservation of designated streets, public drainageways,
of the original notice as to deficiencies and may flood control basins, or public areas within the
give reasonable extension of time, not to exceed proposed development. Before approving a site plan,
sixty-five (65) days within which the deficiencies the Central Planning Board may further require that
shall be cured. If the deficiencies set forth in the such streets, ways, basins or areas be shown on the
original notice or in the modification thereof shall plat in locations and sizes suitable to their intended
not be cured within the thirty-five (35) days or any uses. The Central Planning Board may reserve the
permitted extension thereof, the Board, in order to location and extent of such streets, ways, basins or
preserve the open space and maintain the same areas shown on the plat for a period of one (1) year
for a period of one (1) year, may enter upon and after the approval of the final plat or within such
maintain such land. The entry and maintenance further time as may be agreed to by the developer.
shall not vest in the public any right to use the Unless during such period or extension thereof the
open space except when the same is voluntarily City shall have entered into a contract to purchase or
dedicated to the public by the owners. Before the institute condemnation proceedings according to law
expiration of the year, the Central Planning Board or for the fee or a lesser interest in the land comprising
the Director of Engineering shall upon its initiative such streets, ways, basins or areas, the developer shall
or upon the request of the organization theretofore not be bound by such reservations shown on the plat
responsible for the maintenance of the open space, and may proceed to use such land for private use in
call a public hearing upon fifteen (15) days written accordance with applicable development regulations.
notice to such organization and to the owners of The provisions of this Section shall not apply to streets
and roads, flood control basins or public drainageways
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necessitated by the land development and required for same. No underground installation shall be covered
final approval. until inspected and approved.
40:15-8-13. Performance Guarantees 4. The time allowed for installation of improvements

& Improvement Costs for which the performance guarantee has been
1. As a condition of final site plan approval, the provided may be extended by the Municipal Council
Central Planning Board may require and shall accept by resolution. As a condition or as part of any such
in accordance with the standards adopted by this extension, the amount of any performance guarantee
Chapter for the purpose of assuring the installation shall be increased or reduced to an amount not to
and maintenance of on-tract improvements: exceed one-hundred and twenty (120%) percent of the
a. The furnishing of a performance guarantee in cost of the installation, which cost shall be determined
favor of the City of Newark in an amount not to by the Director of the Department of Engineering
exceed one hundred twenty (120%) percent of the according to the method of calculation set forth in
cost of installation for improvements, which cost shall NJSA 40:55D-53.4 as of the time of the passage of
be determined by the Director of the Department the resolution.
of Engineering according to the method set forth
in NJSA 40:55D-53.4, which may be deemed 5. If the required improvements are not completed
necessary or appropriate including: streets, grading, or corrected in accordance with the performance
pavement, gutters, curbs, sidewalks, street lighting, guarantee the obligor and surety, if any, shall be liable
shade trees, surveyors, monuments as shown on thereon to the City of Newark for the reasonable
the final plat and required by the “Map Filing Law,” cost of the improvements not completed or corrected
NJSA 46:23-9.9 et seq.; water mains, culverts, and the City of Newark may either prior to or after
storm sewers, sanitary sewers or other means of the receipt of the proceeds thereof complete such
sewage disposal, drainage structures, erosion control improvements. Such completion or correction of
and sedimentation control devices , and public improvements shall be subject to the public bidding
improvements of open space. The Director of the requirements of the “Local Public Contracts Law”
Department of Engineering shall prepare an itemized NJSA 40A:11-1 et seq.
cost estimate of the improvements covered by the
performance guarantee, which itemized cost list shall 6. Upon substantial completion of all required street
be appended to each performance guarantee posted improvements (except for the top course) and
by the obligor. appurtenant utility improvements, and the connection
of same to the public system, the obligor may request
2. Provisions for a maintenance guarantee to be of the Municipal Council in writing, by certified mail
posted with the Municipal Council, City of Newark addressed in care of the City Clerk, that the Director
for a period not to exceed two (2) years after final of the Department of Engineering prepare, in
acceptance of the improvements, in an amount not accordance with the itemized cost estimate prepared
to exceed fifteen (15%) percent of the cost of the by the Director of the Department of Engineering
improvements. In the event that other governmental and appended to the performance guarantee
agencies or public utilities automatically will own pursuant to Subsection A, above, of this Section, a
the utilities to be installed or the improvements are list of all uncompleted or unsatisfactory completed
covered by a performance or maintenance guarantee improvements. If such a request is made, the obligor
to another governmental agency, no performance or shall send a copy of the request to the Director of the
maintenance guarantee, as the case may be, shall Department of Engineering. The request shall indicate
be required by the City of Newark for such utilities or which improvements have been completed and which
improvements. improvements remain uncompleted in the judgment of
the obligor. Thereupon the Director of the Department
3. All improvements required by the Central Planning of Engineering shall inspect all improvements covered
Board shall be subject to inspection and approval by by obligor’s request and file a detailed list and report,
the Director of the Department of Engineering who in writing, with the Municipal Council, and shall
shall be notified by the developer at least twenty-four simultaneously send a copy thereof to the obligor
(24) hours prior to the start of construction of the
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not later than forty-five (45) days after receipt of the accordance with the itemized cost estimate prepared
obligor’s request. by the Director of the Department of Engineering,
a. The list prepared by the Director of the including any contingency factor applied to the
Department of Engineering, shall state, with respect cost of installation. If the sum of the approved
to each improvement determined to be incomplete improvements would exceed seventy (70%) percent
or unsatisfactory, the nature and extent of the of the total amount of the performance guarantee,
incompleteness of each incomplete improvement then the municipality may retain thirty (30%) percent
or the nature and extent of, and remedy for, the of the amount of the total performance guarantee
unsatisfactory state of each completed improvement to ensure completion and acceptability of all
determined to be unsatisfactory. The report prepared improvements, as provided above.
by the Director of the Department of Engineering
shall identify each improvement determined to b. If the Director of the Department of Engineering
be completed and satisfactory together with a fails to send or provide the list and report as
recommendation as to the amount of the reduction requested by the obligor pursuant to Subsection D,
to be made in the performance guarantee relating above, of this Section within forty-five (45) days from
to the completed and satisfactory improvement, in receipt of the request, the obligor may apply to the
accordance with the itemized cost estimate prepared court in a summary manner for an order compelling
by the Director of the Department of Engineering the Director of the Department of Engineering to
and appended to the performance guarantee provide the list and report within a stated period of
pursuant to Subsection A, above, of this Section. time and the cost of applying to the court, including
reasonable attorney’s fees, may be awarded to the
7. The Municipal Council, by resolution, shall either prevailing party.
approve the improvements determined to be complete i. If the Municipal Council fails to approve or reject
and satisfactory by the Director of the Department of the improvements determined by the Director of
Engineering, or reject any of all of these improvements the Department of Engineering to be complete
upon the establishment in the resolution of cause and satisfactory or reduce the performance
for rejection, and shall approve and authorize the guarantee for the complete and satisfactory
amount of reduction to be made in the performance improvements within forty-five (45) days from
guarantee relating to the improvements accepted, in recipe of the request, the obligor may apply to
accordance with the itemized cost estimate prepared the court in a summary manner for an order
by the Director of the Department of Engineering compelling, within a stated time, the approval
and appended to the performance guarantee of the complete and satisfactory improvements
in accordance with Subsection A, above, of this and approval of a reduction in the performance
Section. This resolution shall be adopted not later guarantee for the approvable complete and
than forty-five (45) days after receipt of the list and satisfactory improvements in accordance with the
report prepared by the Director of the Department of itemized cost estimate prepared by the Director
Engineering. Upon adoption of the resolution by the of the Department of Engineering; and the cost
Municipal Council, the obligor shall be released from of applying to the court, including reasonable
all liability pursuant to its performance guarantee, with attorney’s fees, may be awarded to the prevailing
respect to those approved improvements, except for party.
that portion adequately sufficient to secure completion
or correction of the improvements not yet approved; 8. If any portion of the required improvements are
provided that thirty (30%) percent of the amount rejected, the approving authority may require the
of the total performance guarantee posted may be obligor to complete or correct such improvements and,
retained to ensure completion and acceptability of all upon completion or correction, the same procedure
improvements. for notification, as set forth in this Section, shall be
a. For the purpose of releasing the obligor from followed.
liability pursuant to its performance guarantee, the
amount of the performance guarantee attributable 9. Nothing herein, however, shall be construed to limit
to each approved improvement shall be reduced the right of the obligor to contest by legal proceedings
by the total amount for each such improvement, in any determination of the Municipal Council or the
Director of the Department of Engineering.
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dedication for public use of streets or roads and any

10. The obligor shall reimburse the City of Newark for other improvements made thereon according to site
all reasonable inspection fees paid to the Director plan approved by the approving authority, provided
of the Department of Engineering for the foregoing that such improvements have been inspected and
inspection of improvements; provided that the City of have received final approval by the Director of the
Newark may require of the developer a deposit for the Department of Engineering.
inspection fees in the amount not to exceed, except
for extraordinary circumstances, the greater of five 40:15-8-14. Commencement of Project
hundred ($500) dollars or five (5%) percent of the cost 1. Notice Upon Commencement; Site Plan Copy at
of the improvements, which cost shall be determined Construction Site
pursuant to NJSA 40:55D-53.4. a. The Director of Engineering and the Secretary
a. For those developments for which the inspection of the Central Planning Board shall be notified
fees are less than ten thousand ($10,000) dollars, in writing seventy-two (72) hours before the
fees may, at the option of the developer, be paid in commencement of construction of any development
two (2) installments. The initial amount deposited which has received final site plan approval. This
by the developer shall be fifty (50%) percent of notification shall be sent by the applicant.
the inspection fees. When the balance on deposit
drops to ten (10%) percent of the inspection fees b. Two copies of the approved final site plan shall
because the amount deposited by the developer has remain at the construction site during the entire
been reduced by the amount paid to the Director of construction period until a certificate of occupancy
the Department of Engineering for inspection, the has been issued and all requirements of the plan
developer shall deposit the remaining fifty (50%) have been complied with.
percent of the inspection fees.
40:15-8-15. Inspection
b. For those developments for which the inspection No person shall interfere with or prevent a
fees are ten thousand ($10,000) dollars or greater, Construction Code Official or Sub-code Official or the
fees may, at the option of the developer, be paid in authorized person of the Central Planning Board from
four (4) installments. The initial amount deposited inspecting any site while engaged in the performance
by the developer shall be twenty-five (25%) percent of his or her duties under this Title. Permission is
of the inspection fees. When the balance on the granted to the Construction Code Official or his or
deposit drops to ten (10%) percent of the inspection her authorized designee to enter upon the site and
fees because the amount deposited by the developer property during regular work hours.
has been reduced by the amount paid to the Director
of the Department of Engineering for inspection, the 40:15-8-16. Enforcement
developer shall make additional deposits of twenty- 1. Pursuant to NJSA 40:55D-18, the Construction
five (25%) of the inspection fees. Code Official or Sub-code Official shall inspect each
i. The Director of the Department of Engineering site for which a performance bond or certified check
shall not perform any inspection if sufficient funds has been posted and the Construction Code Official
to pay for those inspections are not on deposit. shall certify to the developer whether installations and
control measures are in compliance with the standards
11. In the event that final approval is by stages or in general design principles prescribed in Chapter 16.
sections of development pursuant to Subsection A of In addition, an applicant is responsible for compliance
NJSA 40:55D-38, the provisions of this Section shall with any specific requirements that have been stated
be applied by stage or section. as conditions of site plan approval. The Construction
Code Official shall keep the Central Planning
12. To the extent that any of the improvements have Board informed as to whether the construction is in
been dedicated to the City of Newark on the site compliance with the requirements of the site plan. If
plan, the Municipal Council shall be deemed, upon the Official shall, during the course of an inspection,
the release of any performance guarantee required find that a developer is not complying with the
pursuant to Subsection A of this Section, to accept approved site plan, the Construction Code Official shall
send a written report of his findings to the Central
275
Planning Board or the Zoning Board of Adjustments. commits, takes part or assists in such violation or who
maintains any building or premises in which any such
2. The Central Planning Board shall forward such violation shall exist, shall, for each and every violation,
notice to the applicant indicating in the notice the be punished by a fine not exceeding one thousand
specific reasons for the noncompliance notice. Within ($1000.00) dollars.
seven (7) days of the notice, another inspection shall
be made by the appropriate officials. If noncompliance 3. A separate offense shall be deemed continued
is again found, the Director of Engineering or the on each day during or on which a violation occurs or
Construction Code Official shall issue a stop- continues.
construction order for all activities on the site. The
order shall be sent to the developer by certified mail. 40:15-8-18. Completion
Such an order shall be issued whenever a project 1. Filing Upon Completion
is not being conducted in accordance with (1) the Upon completion of all work, a professional architect
approved final site plan modifications; (2) conditions or professional engineer licensed in the State of New
stipulated at the time of final site plan approval; or (3) Jersey shall file with the Secretary of the Central
provisions provided by this Chapter. The notice sent to Planning Board and the Director of Engineering,
the applicant regarding a stop-work notification shall certification on a form obtained from the Department
inform the developer that he/she has a right to contest of Engineering, that all measures of the site plan have
the stop-work order by making a request to the Central been completed in conformance with the approved
Planning Board for a review of the site plan. The plan and provisions of this Chapter.
participants of such a review shall be the Director of
the Department of Engineering and the Director of the 40:15-9. Time Period for Action by the Zoning
Newark Planning Office. If after the review it is found Board of Adjustment
that the applicant deviated from the final site plan
approval specifications the Construction Code Official 40:15-9-1. Variances
shall provide to the applicant the specifics of the 1. The Zoning Board of Adjustment shall render its
noncompliance, necessary corrective measures, and a decision not later than one hundred twenty (120) days
timetable for compliance of the same in writing. after the date: (a) an appeal is taken from the decision
of an administrative officer; or (b) the submission of
3. Prior to the commencement of construction a complete application for a variance to the Board
after a stop-work order, the applicant is required to pursuant to the provisions of NJSA 40:55D-72(b).
submit signed and sealed amended plans (three (3)
copies—one (1) copy to be submitted to the Director 2. Whenever an application for development requests
of Engineering, one (1) copy to be submitted to the relief pursuant to subdivision or site plan approval
Central Planning Board and one (1) copy to the City associated with a use variance, the Zoning Board
Planning Officer). After a review of these plans by of Adjustment shall grant or deny approval of the
the Engineering Department and the Planning Office application within one hundred and twenty (120)
if the plans are acceptable, then a notice informing days after submission by a developer of a complete
the developer to continue construction will be issued application to the Zoning Board of Adjustment or
forthwith. within such further time as may be consented to by
the applicant. In the event that the developer elects
40:15-8-17. Penalties to submit separate consecutive applications, the one
1. Any person who violates any provision of Chapter 16 hundred and twenty (120) day provision shall apply to
shall upon conviction thereof, be punished by a fine the application for approval of the variance. The period
not exceeding one thousand ($1000.00) dollars. for granting or denying any subsequent approval shall
be as otherwise provided in this Chapter. Failure of
2. For any and every violation of any other provision of the Board to act within the period prescribed shall
this Chapter, the owner, general agent or contractor of constitute approval of the application, and a certificate
a building or premises where such violation has been of the Secretary of the Zoning Board of Adjustment
committed or shall exist, and the owner, general agent, as to the failure of the Board to act shall be issued on
contractor, architect, builder, or any other person who
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Sample Public Notice Sign
MINIMUM 3 FEET
MINIMUM 3 FEET
277
request of the applicant. quorum being present.
40:15-9-2. Direction for the Issuance of a Permit 4. All actions shall be taken by majority vote of the
The Zoning Board of Adjustment shall render its members present at the meeting except as otherwise
decision not later than one hundred twenty (120) days required by any provision of NJSA 40:55D-1 et seq.
after the date of submission of a complete application Failure of a motion to receive the numbers of votes
for direction for issuance of a permit. Failure of the required to approve an application for development
Board to render a decision within such one hundred shall be deemed an action denying the application.
twenty (120) day period or within such further time as A member of the Board who was absent for one (1)
may be consented to by the applicant shall constitute a or more of the meetings at which a hearing was held
decision favorable to the applicant. shall be eligible to vote on a matter upon which the
hearing was conducted, notwithstanding the absence
40:15-9-3. Inquiries from one (1) or more of the meetings; provided,
The Zoning Board of Adjustment shall respond to however, that a transcript or recording of all of the
inquiries submitted in writing as to whether a proposed hearings from which he or she was absent exists, and
land use is permissible under the Zoning Ordinance or provided, further, that such Board member certifies
Official Map within forty-five (45) days after the next in writing to the Board that he or she has read such
meeting following receipt of the request or within such transcript or listened to such recording.
additional time as may be consented to by the inquirer.
5. All regular meetings and all special meetings shall
40:15-10. Time Period for Action for Ancillary be open to the public. Notice of all such meetings shall
Powers of the Central Planning Board be given in accordance with the requirements of the
Whenever the Central Planning Board is called upon to Open Public Meetings Act.
exercise its ancillary powers as set forth in Subsection
37:1-6I, the Board shall grant or deny approval of the 40:15-11-2. Minutes
application within one hundred twenty (120) days after Minutes of every regular or special meeting of the
submission by the developer of a complete application Central Planning Board or the Zoning Board of
or within such further time as may be consented to Adjustment shall be kept and shall include the names
by the applicant. In the event the developer elects of the persons appearing and addressing the Boards
to submit separate consecutive applications, the and of the persons appearing by attorney, the action
aforesaid provision shall apply to the application for taken by the Board, the findings, if any, made by it and
approval of the variance or direction for issuance reasons therefor. The minutes of each Board shall
of a permit. The period for granting or denying any thereafter be made available for public inspection
subsequent approval shall be as otherwise provided in during normal business hours at the office of the
NJSA 40:55D-1 et seq. Secretary of the Board. Any interested party shall have
the right to compel production of the minutes for use
40:15-11. Provisions Applicable to Both the as evidence in any legal proceeding concerning the
Central Planning Board & Zoning Board of subject matter of such minutes.
Adjustment
40:15-11-3. Public Hearings
40:15-11-1. Meetings 1. Rules. The Central Planning Board and the Zoning
1. Meetings of both the Central Planning Board Board of Adjustment shall make rules governing
and Zoning Board of Adjustment shall be held as the conduct of hearings, which rules shall not be
scheduled unless canceled for lack of applications for inconsistent with the provisions of NJSA 40:55D-1 et
development to process. seq. or of this Chapter.
2.Special meetings may be provided for at the call 2. Agendas. The meeting agendas for both the Zoning
of the Chairperson and shall be held on notice to Board of Adjustment and the Central Planning Board
its members and the public in accordance with all shall be posted online by the Newark Planning Office.
applicable legal requirements.
3. Maps. Any maps and documents for which approval
3.No action shall be taken at any meeting without a
278
is sought at a hearing shall be on file and available official newspaper of the municipality.
for public inspection at least ten (10) days before the
date of the hearing during normal business hours in 2. Public notice shall be given by a sign(s) posted on
the office of the Board Secretary. The applicant may the proposed development site. The sign shall be the
produce other documents, records or testimony at the responsibility of the applicant and posted subject to
hearing to substantiate or clarify the previously filed the following conditions:
maps and documents. a. The sign(s) shall be posted no less than ten (10)
calendar days prior to the date of the public hearing
4. Oaths. The officer presiding at the hearing or such and shall not be removed by the applicant until the
other person as may be designated shall have power hearing is closed;
to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of b. The sign(s) shall be firmly secured to the ground
relevant evidence, including witnesses and documents or structure to prevent vandalism and shall be along
presented by the parties, and the provisions of the the most visible portion of street frontage. The
County and Municipal Investigations Law (C. 2A:67A-1 sign(s) shall be erected in a manner so as to be
et seq.) shall apply. visible to traffic moving in both directions. Signs must
be posted within five (5) to 15 feet of the property
5. Testimony. The testimony of all witnesses relating line. If there is more than one street frontage of the
to an application for development shall be taken parcel, one sign for each street frontage shall be
under oath or affirmation by the presiding officer, posted;
and the right of cross examination shall be permitted
to all interested parties through their attorneys, if c. Sign Design and Content. The sign(s) shall comply
represented, or directly, if not represented, subject with the following sign design requirements:
to the discretion of the presiding officer and to i. The composition of the sign(s) shall be of a
reasonable limitations as to time and number of durable material with a dimension of at least three
witnesses. (3) feet by three (3) feet painted white with black
lettering having a minimum height of three (3)
6. Evidence. Technical rules of evidence shall not be inches for the title;
applicable to the hearing, but the Board may exclude
irrelevant, immaterial or unduly repetitious evidence. ii. The words “Notice of Public Hearing” shall be a
minimum of three (3) inches in size. Sign content
7. Records. Each Board shall provide for the verbatim should match the example to the right.
recording of the proceedings by either stenographer,
mechanical or electronic means. The Board shall iii. The sign(s) shall advertise the date, time,
furnish a transcript, or duplicate recording in lieu and location of the public hearing, as well as
thereof, on request to any interested party at his or her name, address, and a contact phone number for
expense. Applicant and Owner, with at minimum (two) 2 inch
high lettering;
40:15-11-4. Notice Requirements for Hearing
Public notice of a hearing on an application for d. The applicant is responsible for submitting a
development or relief per NJSA 40:55D-1 et seq. signed affidavit along with two (2) photos of the
shall be given for final major site plans, minor site posted sign(s) to the appropriate approval board
plans, final major subdivisions, and variances. Notice secretary. One photo shall show the contents of the
pursuant to this Section shall be given by the applicant sign; the second photo shall show the sign posted
at least ten (10) days prior to the date of the hearing. in front of the property. An applicant who fails to
The Secretary of the Board or the applicant shall give display the sign or prove that the sign was displayed
notice thereof at the applicant’s expense as follows: shall result in a delay in application processing.
1. Public notice shall be given by publication in the e. Applicant shall complete the following affadavit
and mail or deliver it to: Newark Planning Office, 920
Broad Street, Room 112, Newark, New Jersey, no
later than 5 days after the sign posting. The signed
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affadavit shall contain the following elements: may be made by service upon any partner. Notice to
a corporate owner may be made by service upon its
Application No.: ________________ president, vice president, secretary or other person
Filed on: __________________ authorized by appointment or by law to accept service
on behalf of the corporation. Notice to a condominium
I, __(applicant)_ hearby certify that on __(date association, horizontal property regime, community
of sign installation)_ I installed a notice of trust or homeowners’ association, because of its
public hearing sign at the property known as ownership of common elements or areas located
___________ for which the major development within two hundred (200) feet of the property which is
application number _________ is being considered the subject of the hearing may be made in the same
by the ___(approval entity)__ on ____(date of manner as to a corporation without further notice to
hearing)___. unit owners, co-owners, or homeowners on account of
such common elements or areas.
I also hereby agree to meet the specifications and
general requirements of the sign content as stated 4. Notice shall be given by personal service or
in Section 40:15-11-4(2)(c) of the Newark Zoning certified mail to the Municipal Clerk of any adjoining
and Land Use Regulations. municipality when the property involved is located
within two hundred (200) feet of said adjoining
Attached to this affadavit as Exhibit “C” is the municipality.
photo(s) of the sign(s) as it was installed on
the property and agree to the responsibility of 5. Notice shall be given by personal service or certified
maintaining the integrity and accuracy of the sign. mail to the County Planning Board of a hearing on an
application for development of property adjacent to
I also hereby agree to maintain the sign in place an existing County road or proposed road shown on
for a period of 10 days before each public hearing the official County map or on the County Master Plan,
and for its subsequent removal thereafter. adjoining other County land or situated within two
hundred (200) feet of a municipal boundary.
Date: _______
Applicant’s/Representative’s 6. Notice shall be given by personal service or certified
Signature:________________ mail to the Commissioner of Transportation of a
Phone number: _______________ hearing on an application for development of property
adjacent to a State highway.
3. Notice shall be given to the owners of all real
property as shown on the current tax duplicate located 7. Notice shall be given by personal service or certified
within two hundred (200) feet in all directions of the mail to the State Planning Commission of a hearing
property which is the subject of such hearing and on an application for development of property which
whether located within or without the municipality in exceeds one hundred fifty (150) acres or five hundred
which applicant’s land is located; provided that this (500) dwelling units. Such notice shall include a copy
requirement shall be deemed satisfied by notice to of any maps or documents required to be on file
the: (a) condominium association, in the case of any with the Central Planning Board or Zoning Board of
unit owner whose unit has a unit above or below it; Adjustment pursuant to NJSA 40:55D-10(b).
or (b) a horizontal property regime, in the case of any
co-owner whose apartment has an apartment above 8. All notices hereinabove specified in this Section
or below it. Such notice shall be given by: (a) serving a shall be given at least ten (10) days prior to the date
copy thereof on the owner as shown on the current tax fixed for hearing and the person giving notice shall file
duplicate and most recent records of the tax surveyor an affidavit of proof of service with the Board holding
in the Office of Assessment, or on his or her agent in the hearing on the application for development.
charge of the property; or (b) mailing a copy thereof
by certified mail to the property owner at his or her 9. Any notice made by certified mail as hereinabove
address as shown on the current tax duplicate and required shall be deemed complete upon mailing in
Tax Surveyor’s records. Notice to a partnership owner accordance with the provisions of NJSA 40:55D-14.
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be given pursuant to Subsection 37:3-6b. The applicant

10. All notices required to be given pursuant to the shall be entitled to rely upon the information contained
terms of this Chapter shall state the date, time and in such list, and failure to give notice to any owner,
place of the hearing, the nature of the matters to be to any public utility, cable television company, or local
considered and identification of the property proposed utility not on the list shall not invalidate any hearing or
for development by street address, if any, or by proceeding.
reference to lot and block numbers as shown on the
current tax duplicate in the City Tax Assessor’s Office 40:15-11-6. Registration by Public Utilities
and the location and times at which any maps and 1. Every public utility, cable television company and
documents for which approval is sought are available local utility which holds a right-of-way easement in
as required by law. the City and which is interested in receiving notice
pursuant to this Chapter, may register with the City
11. Notice of hearing on applications for approval of Clerk to receive such notice. The registration shall
a major subdivision or a site plan not defined as a remain in effect until revoked by the public utility, cable
minor site plan in this Chapter requiring public notice television company, or local utility or by its successor in
pursuant to this Article shall be given, in the case interest.
of a public utility, cable television company or local
utility which possesses a right-of-way or easement 2. A registration fee of ten ($10.00) dollars is required
within the municipality and which as registered with pursuant to NJSA 40:55D-12.1 for any public utility,
the municipality and which has registered with the cable television company or local utility, which registers
municipality in accordance with NJSA 40:55D-12.1, by: to receive notice pursuant to this Section.
(a) serving a copy of the notice on the person whose
name appears on the registration form on behalf of the 40:15-11-7. Decisions.
public utility, cable television company or local utility; 1. The Board shall include findings of fact and
or (b) by mailing a copy thereof by certified mail to the conclusions based thereon in each decision on
person whose name appears on the registration form any application for development and shall reduce
at the address shown on that form. the decision to writing. The Board shall provide the
findings and conclusions through:
12. The applicant shall file an affidavit of proof of a. A resolution adopted at a meeting held within the
service and affidavit of publication with the Board time period in NJSA 40:55D-1 et seq. for action by
holding the hearing, at least two (2) days prior to the the Board on the application for development; or
first scheduled hearing. In addition, the applicant shall
submit the original white slips bearing the postmark b. A memorializing resolution adopted pursuant
from the post office from where notices were mailed. to NJSA 40:55D-10(g) at a meeting held not
later than forty-five (45) days after the date of
the meeting at which the Board voted to grant or
13. It is the policy of both the Zoning Board of deny approval. Only the members of the Board
Adjustments and the Central Planning Board that who voted for the action taken may vote on the
no notices shall be reserved if any application is memorializing resolution, and the vote of a majority
adjourned at the applicant’s request. Thus, the adjacent of such members present at the meeting at which
property owners and every other body requiring a the resolution is presented for adoption shall be
notice shall be notified of the adjourned hearing. sufficient to adopt the resolution.
2. A copy of the decision shall be filed in the office
40:15-11-5. List of Property Owners Furnished of the Secretary of the Central Planning Board or
Pursuant to the provisions of NJSA 40:55D-12(c), the the Zoning Board of Adjustment, as the case may be,
municipal Tax Assessor shall within seven (7) days where it shall be made available for public inspection
after receipt of a written request therefor and upon during reasonable hours.
receipt of payment of a fee of twenty ($20.00) dollars,
make and certify a list from the current tax duplicate of 3. A brief notice of the decision shall be published
names and addresses of owners to whom notice must in the official newspaper of the municipality. Such
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publication shall be arranged by the applicant. The 40:15-11-11. Expiration of Variance

notice shall be sent to the newspaper for publication Any variance from the terms of this Chapter hereafter
within ten (10) days of the date of any such decision. granted by either Board permitting the erection or
alteration of any structure or structures or permitting a
40:15-11-8. Payment of Taxes specified use of any premises shall expire by limitation
Pursuant to the provisions of NJSA 40:55D-39 and unless such construction or alteration shall have been
NJSA 40:55D-65, every application for development actually commenced on each and every structure
submitted to the Central Planning Board or the Zoning permitted by the variance or unless such permitted use
Board of Adjustment shall be accompanied by proof has actually been commenced within one (1) year from
that no taxes or assessments for local improvements the date of publication of the notice of the decision of
are due or delinquent on the property which is the the Board granting the variance or unless specifically
subject of such application; or, if it is shown that taxes approved for a longer period of time as permitted
or assessments are delinquent on the property, any by statute, except, however, that the running of the
approvals or other relief granted by either Board shall period of limitation herein provided shall be tolled
be conditioned upon either the prompt payment of from the date of filing of appeal from the decision
such taxes or assessments, or the making of adequate of the Board to a court of competent jurisdiction,
provision for the payment thereof in such manner that until the termination in any manner of such appeal or
the municipality will be adequately protected. processing.
40:15-11-9. Conditional Approval 40:15-11-12. Application by Corporation or

1. In the event that an applicant submits an application Partnership
proposing a development that is barred or prevented, 1. Disclosure by Corporate or Partnership Applicant.
directly or indirectly, by a legal action instituted by any A corporation or partnership applying to the Central
State agency, political subdivision or other party to Planning Board or the Zoning Board of Adjustment
protect the public health and welfare or by a directive shall list the names and addresses of all stockholders
or order issued by a State agency, political subdivision or individual partners owning at least ten (10%) percent
or court of competent jurisdiction to protect the public of its stock of any class or at least ten (10%) percent
health and welfare, the Board shall process such of the interest in the partnership, as the case may be.
application in accordance with this Chapter, and if such 2. Disclosure by Corporation or Partnership Owning
application complies with all City regulations, the Board Ten (10%) Percent or More of Applicant. If a
shall approve such application conditioned on removal corporation or partnership owns ten (10%) percent or
of such legal barrier to development. more of the stock of a corporation or interest of ten
(10%) percent or greater in a partnership, either of
2. In the event that development proposed by an which is subject to disclosure pursuant to the above
application requires an approval by a governmental paragraph, that corporation or partnership shall list
agency other than the Board, the Board shall, in the names and addresses of its stockholders holding
appropriate instances, condition its approval upon the ten (10%) percent or more of its stock or interest of
subsequent approval of such governmental agency. ten (10%) percent or greater in the partnership, as the
The Board shall make a decision on any application case may be; and this requirement shall be followed
within the time period provided in this Chapter or by every corporate stockholder or partner in said
within an extension of such period as has been agreed partnership until the names and addresses of the
to by the applicant, unless the Board is prevented or non-corporate stockholders and individual partners
relieved from so acting by the operation of law. exceeding ten (10%) ownership criterion set forth in
this Section have been listed.
40:15-11-10. Time Extensions
The Board and an applicant may mutually agree 3. The Board shall not approve the application of any
to extend the time limit specified for action. Such corporation or partnership which does not comply with
extension shall be made in writing or verbally at a this Section.
public meeting of the Board.
4. Any corporation or partnership which conceals the
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names of the stockholders owning ten (10%) percent herein shall be construed as diminishing the applicant’s
or more of its stock or of the individual partners obligation to prove in the application process that he
owning an interest of ten (10%) percent or greater in or she is entitled to approval of the application. The
the partnership, as the case may be, shall be subject Board may subsequently require correction of any
to a fine of one thousand ($1,000.00) dollars to ten information found to be in error and submission of
thousand ($10,000.00) dollars, which shall be recovered additional information not specified in the ordinance or
in the name of the City of Newark in any court of any revisions in the accompanying documents, as are
record in the State in a summary manner pursuant to reasonably necessary to make an informed decision
the Penalty Enforcement Law (NJSA 2A:58-1 et seq.). as to whether the requirements necessary for approval
of the application for development have been met. The
40:15-12. Application for Development Procedures application shall not be deemed incomplete for lack of
any such additional information or any revisions in the
40:15-12-1. Application: Procedures for Filing accompanying documents so required by the Board.
1. The applicant shall obtain all necessary forms from
the Newark Planning Office, which shall inform the 4. All applicants for permits pertaining to designated
applicant of the procedures to be followed in filing an historic sites or improvements in designated historic
application for development and advise the applicant districts shall be referred to the Newark Landmarks
which Board has jurisdiction over the application. and Historic Preservation Commission (“Commission”)
The applicant shall provide such information as the for a written report and decision on the application of
Zoning Officer deems necessary in order to render a the provisions in Chapter 10.
determination as to the type of application required. At
the time of filing the application, but in no event less 40:15-12-2. Fees
than ten (10) days prior to the date set for hearing, 1. Non-refundable application fees.
the applicant shall also file all sketch plats, plot
plans, maps or other papers required by virtue of any a. There shall be a non-refundable fee for applications
provision of this Section or any rule of the Central to the Newark Central Planning Board, Zoning Board
Planning Board or the Zoning Board of Adjustment. of Adjustment, as provided by law and established
herein. The fees provided for shall be non-refundable
2. An application for development shall be complete for and are for purposes of offsetting the administrative
purposes of commencing the applicable time period and clerical costs of running these Boards.
for action by the Central Planning Board or the Zoning
Board of Adjustment when so certified by the Board b. Applicable Fees. Every application for review or
or its authorized committee or designee. In the event hearing before the Zoning Board of Adjustment, or the
that the agency, committee or designee does not Central Planning Board shall be initially accompanied
certify the application to be complete within forty-five by a check for $150.00. Balance due will be determined
(45) days of the date of its submission, the application upon City Planning Staff’s review in accordance
shall be deemed complete upon the expiration of the with the amount(s) as provided in Fee Table I and
forty-five (45) day period for purposes of commencing based upon the initial submission package. If future
the applicable time period unless: (a) the application submissions result in additional fees, such will be
lacks information indicated on a checklist adopted by calculated at that time. This balance will be due within
ordinance and provided to the applicant; and (b) the 30 days of issuance of the first review checklist. If
Board or its authorized committee or designee has not received within 30 days, review will cease until
notified the applicant in writing, of the deficiencies in payment is submitted.
the application within forty-five (45) days of submission
of the application. c. Copies of resolutions rendered by either the Zoning
Board of Adjustment or the Central Planning Board
3. The applicant may request that one (1) or more of shall be available to any person requesting them at
the submission requirements be waived, in which event their sole cost and expense. Any applicant shall receive
the agency or its authorized committee shall grant or a copy of the decision rendered at no additional cost.
deny the request within forty-five (45) days. Nothing Minutes of either the Board of Adjustment or the
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Planning Board shall also be available on request to Application Type Application Fees
any person or applicant at their sole cost and expense.
Amounts charged shall be as provided for in the City’s Final Major Site Plan: $750
ordinance regulating photocopy and documents fees. Commercial & Industrial, 5000-
20,000 square feet
d. Performance guarantees may be required by the Final Major Site Plan: $1375
Zoning Board of Adjustment or the Central Planning Commercial & Industrial,
Board pursuant to N.J.S.A. 40:55D-53 separate from 20,001–100,000 square feet
application fees. Final Major Site Plan: $2500
Commercial & Industrial, more
2. Schedule of Fees than 100,000 square feet
Minor Subdivision application, $900
a. Application fees 2 acres or less
Application Type Application Fees Minor Subdivision application, $1800
Minor Site Plan $750 over 2 acres
Preliminary Major Site Plan: $750 Preliminary Major Subdivision $2300
Residential, 3–10 dwellings Final Major Subdivision $1150
Preliminary Major Site Plan: $1000 Conditional Use $500 in addition to
Residential, 11–50 dwellings any other fees
Preliminary Major Site Plan: $1500 “a” & “b” Appeals and $150
Residential, 51–100 dwellings Interpretations as
Preliminary Major Site Plan: $2500 per NJSA 40:55D-70 a & b
Residential, over 100 dwellings “c” Variance as $300 per “c”
Preliminary Major Site Plan: $750 per NJSA 40:55D-70(c) & variance
Commercial, less than 5000 deviation from redevelopment
square feet plan
Preliminary Major Site Plan: $1500 “d” Variance as $2000 per “d”
Commercial & Industrial, 5000- per NJSA 40:55D-70 (d) variance
20,000 square feet Extension of Variance Approval $300
Preliminary Major Site Plan: $2750 Special Meeting of Central $3000
Commercial & Industrial, Planning Board or Zoning
20,001–100,000 square feet Board of Adjustment
Preliminary Major Site Plan: $5000
Commercial & Industrial, more b. Certified list of names and addresses of owners
than 100,000 square feet of property located within two hundred (200) feet of
Final Major Site Plan: $375 property which is the subject of a hearing: $20.
Residential, 3–10 dwellings
c. Certificate certifying approval of a subdivision
Final Major Site Plan: $500
application: $10.
Residential, 11–50 dwellings
Final Major Site Plan: $750 3. An applicant shall pay any and all costs of the
Residential, 51–100 dwellings publication of notice of a hearing on an application
Final Major Site Plan: $1250 before the Zoning Board of Adjustment or the Central
Residential, over 100 dwellings Planning Board and of a verbatim recording of the
Final Major Site Plan: $375 proceedings. Any interested party who requests a
Commercial, less than 5000 transcript or duplicate recording of proceedings before
square feet
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the Board shall pay the cost thereof except that the taken and on due cause shown.
Zoning Board of Adjustment and the Central Planning
Board shall provide to any property owner or tenant 7. The Zoning Board of Adjustment shall render a
within two hundred (200) feet in all directions of the decision not later than one hundred twenty (120) days
property which is the subject of such proceedings after the date: (a) an appeal is taken from the decision
any transcript necessary for appeal to the Municipal of an administrative officer; or (b) the submission of a
Council pursuant to NJSA 40:55D-17 for the cost of complete application for development to the Zoning
transcription. Board of Adjustment. Failure of the Board to render a
decision within such one hundred and twenty (120) day
40:15-13. Appeals period or within such further time as may be consented
to by the applicant, shall constitute a decision favorable
40:15-13-1. Appeals to Zoning Board of to the applicant.
Adjustment
1. An appeal to the Zoning Board of Adjustment may 8. A developer may file an application for development
be taken by any interested party affected by any with the Zoning Board of Adjustment for action under
decision of an administrative officer of the municipality any of its powers without prior application to an
based on or made in the enforcement of the Zoning administrative officer. Such appeal shall be made and
Ordinance or Official Map. decided in accordance with the provisions of NJSA
40:55D-72 et seq.
2. Such appeal shall be taken within twenty (20) days
by filing a notice of appeal with the officer from whom 40:15-14. Miscellaneous Provisions
the appeal is taken specifying the grounds of such
appeal. 40:15-14-1. Definitions
Whenever a term is used in this Title which is defined
3. The officer from whom the appeal is taken shall in NJSA 40:55D-1 et seq., such term is intended to
immediately transmit to the Board all the papers have the meaning set forth in the definition of such
constituting the record upon which the action appealed term found in the statute, unless a contrary intention is
from was taken. clearly expressed from the context of this Title.
4. The procedure for the hearing of an appeal shall be 40:15-14-2. Ordinances Continued
the same as a development application. The substantive provisions of the existing Newark
Zoning & Land Use Regulations and the development
5.The Zoning Board of Adjustment may reverse or regulations set forth therein shall continue in full force
affirm, wholly or in part, or may modify the action, order, and effect and shall be read in pari materia with this
requirement, decision, interpretation or determination Title.
appealed from, and to that end shall have all the
powers of the Zoning Official from whom the appeal is 40:15-14-3. Short Title
taken. This Title shall be known and may be cited as “Newark
Zoning & Land Use Regulations.”
6. An appeal to the Zoning Board of Adjustment shall
stay all proceedings in furtherance of the action in 40:15-14-4. Copy to be Filed With County Planning
respect to which the decision appealed from was Board
made unless the officer from whose action the appeal Immediately upon adoption of this Title the Municipal
is taken certifies to the Zoning Board of Adjustment, Clerk shall file a copy of this Title with the County
after the notice of appeal shall have been filed with Planning Board as required by law. The Clerk shall also
him, that, by reason of facts stated in the certificate, file with the County Planning Board copies of all other
a stay would, in his opinion, cause imminent peril to ordinances of the municipality relating to land use,
life or property. In such case, proceedings shall not be such as the subdivision, zoning and site plan review
stayed other than by an order of the Superior Court ordinances.
upon notice to the officer from whom the appeal is
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Chapter 16. Additional Zoning

& Design Standards
40:16-1. Variances and Waivers loading zones, refuse collection areas, and to
Any deviation from a provision of this Chapter which is enhance building design.
identified as a design standard shall require a waiver
by the Central Planning Board and the Zoning Board d. Plans shall clearly indicate all existing trees and
of Adjustment from the specific design standard for their size in inches of diameter at breast height (dbh),
a site plan application. Any other deviation from a to be removed due to the construction for which the
standard contained in this Chapter shall require a applicant is seeking permission. The developer must
variance from the specific standard in accordance with provide, on-site, replacement trees, the combined
the Municipal Land Use Law. cross sectional area of which measured at diameter
at breast height, must be equal to or greater than
40:16-2. Landscaping For Buildings & Yards the area or combined areas as measured in cross
section of trees removed. All replacement trees,
40:16-2-1. Design Standards as to species and type, are to be approved by the
1. Landscaping shall be provided as part of the Newark Planning Office and shall be planted at a
overall site plan design and integrated into building minimum initial diameter of three (3) inches (dbh). If
arrangements, topography, parking and screening the site cannot accommodate the number of trees
requirements. hereby required as replacement, the developer may
be required to pay to a special fund, known as the
2. Landscaping shall include trees, bushes, shrubs, Tree Planning and Preservation Fund, an amount
ground cover, perennials, annuals, plants, sculpture, art determined by the Newark Planning Office to be
and/or the use of building and paving materials in an equal to the value of the trees and the planting cost
imaginative manner. per the discretion of the Central Planning Board or
the Zoning Board of Adjustments.
3. Landscaping shall be provided for all residential,
commercial, and industrial sites. Landscaping is e. If trees required by Zoning Standards are planted
required to meet the following objectives, however, in an area with less than 25 square feet of pervious
nothing contained therein shall prevent the Central area per tree, structural soil shall be applied under
Planning Board from requiring additions or revisions to impervious surfaces.
the landscape plan for the development.
a. Architectural Use. Landscaping shall be used to 1. All of the lot area not covered by buildings, parking
form walks, corridors, canopies, or floors of varying areas, driveways, sidewalks and other impervious
heights and densities. Planting shall be used as surfaces shall be landscaped with vegetative land
barriers to provide private, semi-private, and public cover.
space within planned unit developments, cluster
housing, etc. 2. On-Site Trees.
b. Engineering Use. Landscaping shall be used a. For each twenty-five (25) feet of lot width in a
to control lighting, glare, and reflection, noise, soil required front yard adjacent to a public street, there
erosion, provide for drainage control through the shall be at least one (1) tree planted with a minimum
use of swales, and recharge areas, and for climate of two and one-half (2 1/2) to three (3) inches in
control for purposes of shading, wind reduction, caliper and eight (8) feet in overall height at the time
snow fencing and insulation for buildings. of installation. There shall be a minimum pervious
area of 25 square feet per tree.
c. Aesthetic Use. Landscaping shall be used to
provide buffers and screening for parking areas, b. Where more than one (1) tree is required, such
trees may be planted in appropriate clusters or
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Chapter 16. Additional Zoning & Design Standards
groups. Trees shall be mulched with at least two (2) throughout the full course of the year the glare of
inches of bark mulch or other material commonly automobile headlights or other bright sources of
used for the purpose. If the front yard is greater than illumination emanating from the premises.
ten (10) feet in depth, any required trees shall be
planted in the front yard, otherwise required trees 3. Buffer areas shall not be less than five (5) feet
may be planted within the side and/or rear yards. No in width. Where such width is not practical in the
trees shall be required where no yards have a depth side or rear yard, decorative fencing subject to the
less than ten (10) feet. requirements of Section 40:16-5 of this Chapter, shall
be provided in lieu of a landscaped buffer. However,
3. Shade trees shall be planted along streets spaced chain link fencing shall not be used for buffer
at a maximum of thirty-five (35) feet center at center purposes.
and shall be three (3) inches to four (4) inches in
caliper which shall be measured six (6) inches from the 4. No activity, outdoor storage of materials or parking
ground level after planting. of vehicles shall be permitted in the buffer area except
for access driveways, directional signs, and permitted
4. Prohibited tree species. The following tree varieties signs.
may not be planted and are prohibited:
i. Bradford Pear / Pyrus calleryana ‘Bradford’ 5. Buffer areas shall be placed so that at maturity they
ii. Empress Tree / Paulownia tomentosa will not protrude across any street or property line and
iii. Tree of Heaven / Ailanthus altissima so that a clear sight triangle shall be maintained at
iv. White Poplar & Lombardy Poplar / Populus alba off-street intersections and at all points where private
& Populus nigra accessways intersect a public street.
v. Russian Olive
vi. Siberian Elm 40:16-4. Screening Of Uses & Activities
vii. Amur Maple
viii. Silver Maple 40:16-4-1. Zoning Standards
ix. Norway Maple The following uses and activities visible from any public
x. Gingko Biloba - female right-of-way shall be screened as follows.
In addition, no tree listed on the NJDEP Invasive Plant
List or USDA Invasive Plants Field and Reference 1. Refuse Disposal Dumpsters, Trash & Recycling
Guide may be planted. Containers
40:16-3. Buffer Areas a. Screening shall consist of an opaque fence or wall

to a height of five (5) feet.
1. Buffer areas shall be provided along the entire linear b. Where such walls and/or fences are visible
footage of lot lines where a non-residential use or from any public way, there shall, where possible,
district line abuts a residential use except that where be plantings visually consistent with other required
a new residential use is proposed on a lot adjoining landscaping. Such plantings shall be planted at a
an existing non-residential use or district line, the minimum initial planting height of three (3) feet.
proposed residential use shall provide the buffer.
c. Chain link fencing and gates with or without vinyl
2. Buffer areas shall be planted with a combination slats shall not be permitted for screening purposes.
of evergreens, deciduous trees and shrubs of such
species and sizes which will produce within two (2)
growing seasons a living screen at least six (6) feet in
height. Buffers shall be of a density so as to obscure
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2. Loading Berths of a height equal to the mechanical equipment.
a. Such screening shall consist of an opaque fence c. The material, finish and design shall be
or wall to a height of five (5) feet or a continuous architecturally compatible with the exterior façade of
evergreen or dense deciduous shrub hedge, or a the principal structure on the lot.
combination of the two.
d. Rooftop mounted mechanical equipment shall
b. Chain link fencing and gates with or without vinyl be set back from the edge of the roof at least
slats shall not be permitted for screening purposes. one (1) foot for each one (1) foot by which rooftop
mechanical structures project above the roofline.
3. Outdoor Manufacturing Activities No setback shall be required if the parapet wall is at
least as tall as the rooftop mechanical structure.
a. Screening shall consist of a solid fence or wall
five (5) feet in height or of such height necessary 40:16-5. Fences & Walls
to screen such storage from view from the public
street or adjacent properties. In the alternative, a 40:16-5-1. Zoning Standards
continuous evergreen or dense deciduous shrub 1. Residential Uses. Fences or walls or a combination
hedge, or a combination of the two may be used. of the two, may be constructed between the building
line and the property line as follows:
b. Chain link fencing and gates with or without vinyl
slats shall not be permitted for screening purposes. a. Height restrictions
i. The maximum allowable fence height shall be
4. Ground-Mounted Mechanical Equipment three (3) feet in front yards. Fences shall not be
solid.
a. A wall or planting shall be installed to screen
ground-mounted mechanical equipment from view ii. The maximum allowable height shall be five (5)
on all sides. feet in side and rear yards.
b. The material, finish and design shall be iii. Where a residential use is adjacent to an
architecturally compatible with the exterior façade of industrial use, the side and rear yards may have a
the principal structure on the lot. fence or wall up to eight (8) feet.
c. All plantings shall be planted at a minimum initial b. Design standards

planting height of three (3) feet. i. Fences shall be of a consistent, ornamental
nature such as wrought iron, picket wood, or
5. Rooftop-Mounted Mechanical Equipment tubular metal fencing. The minimum width of
vertical bars shall be one-half (0.5) inch and the
a. Architectural screening shall be installed so as to maximum spacing of the bars shall be four (4)
screen the rooftop mounted mechanical equipment inches.
from view from all sides from which it may be visible.
However, no additional screening shall be required ii. Walls shall consist of brick, stucco, decorative
where the parapet wall is at least as tall as the concrete, natural stone, or other similar decorative
rooftop mechanical structure. material shall be used.
b. Screening shall consist of architectural elements iii. Chain link fencing shall not be permitted, except
along the rear lot lines and those portions of the
side lot lines within the rear yard of the property.
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iv. PVC Vinyl or wood stockade fences are 2. Lighting design shall conform to standards
permitted only in rear yard areas. presented in the current edition of the Illuminating
Engineering Society Lighting Handbook.
v. No solid fencing or chain link fencing is
permitted along a public right-of-way line or in a 3. Lighting shall be designed to minimize glare and
front yard. reflection on adjacent properties.
vi. Gates shall not swing into the public right-of- 4. The type of lighting provided shall be consistent with
way. the existing street light in the immediate area of the
site.
2. Parks, Recreational Areas and School Uses. Fences
or walls may be constructed along all property lines as 5. Unnecessary lighting should be avoided, but lighting
follows: essential for security or safety should always be
a. Height restrictions provided.
i. The maximum allowable height shall be ten (10)
feet for ballfields and six (6) feet for all other uses. 40:16-6-2. Zoning Standards
1. General Illumination Standards
3. Commercial and Industrial Uses. Fences or walls or a. All exterior areas of a site, except for residential
a combination of the two may be constructed between and school structures, shall be illuminated at night
the building line and the property line as follows: in accordance with the standards herein. This shall
include, but not be limited to, pedestrian pathways,
a. Height restrictions. plazas, courtyards, building entrances, parking and
i. The height of any fence or wall shall not exceed driveway areas, and other outdoor spaces commonly
four (4) feet. used at night. When such areas are not in active use,
lighting shall be sufficient to allow for appropriate
b. Chain link fencing shall be permitted for industrial surveillance for crime prevention purposes, but
uses. For commercial uses, such fencing may be shall be designed and installed in such a way as
used in rear yards only including along the rear lot to minimize glare or intrusive light onto adjoining
line and along those portions of the side lot lines properties.
within the rear yard of the property.
b. All wires and cables used for the provision of
c. Design standards lighting from lightpoles or other freestanding
ii. Where walls are utilized, walls consisting of brick, structures shall be underground.
stucco, decorative concrete, natural stone, or other
similar decorative material shall be used. c. All exterior lighting fixtures, however mounted,
shall be provided with shields as necessary to
4. The use of razor wire, barbed wire or sharp confine the illumination to the site upon which it
projections on fences is prohibited for all residential is located to the standards set forth herein and to
and commercial buildings and sites and any buildings. eliminate glare on any adjacent properties and to
adjacent streets.
40:16-6. Lighting
d. All lighting except for decorative facade lighting
40:16-6-1. Design Standards shall be under one half (o.5) footcandles.
1. Adequate lighting shall be provided to ensure the
safe movement of persons and vehicles, and provide 2. Illumination Levels
security. a. Illumination levels at the property line of a project
shall not be more than one-half (0.5) footcandle
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with the shell pointing downwards at any point when minimum illumination level ratio of 2:1.
the project is located next to any residential use or
residentially zoned property. The illumination levels viiI. Display areas at outdoor dealerships for new
at the property line of a project adjacent to any other and used products, including, but not limited to,
use shall not be more than one (1.0) footcandle automobiles, trucks, motorcycles and boats, shall
unless in conflict with a standard set forth below, in have a maximum illumination level of fifteen (15)
which case that standard shall apply: foot-candles for any row or tier of display that
is adjacent to an external road or street, and a
i. Off-street/surface parking areas or lots as well maximum level of ten (10) footcandles for all other
as private roadway areas shall comply with the rows or tiers of display. Entrances and exits shall
following requirements: Illumination levels outside not exceed ten (10) footcandles.
the radius of any light pole (with radius equaling
the height of the pole, not to exceed thirty (30) ix. Illumination levels for outdoor recreational
feet, but no less than twenty (20) feet) shall range facilities, such as, but not limited to, football fields,
between a minimum of one (1) footcandle and a soccer fields, baseball fields, or tennis courts,
maximum of three (3) footcandles. shall be determined on a case by case basis by
the Zoning or Planning Board staff, but shall
ii. Access drives for non-residential uses and multi- comply with the illumination limits at property lines
family housing shall be illuminated with at least established above in 40:16-6-2.
one half (0.5) footcandle.
x. For all other outdoor spaces, the minimum
iii. Entrances and exits of non-residential structures illumination standard shall be one-half (0.5)
and multi-family housing shall have a minimum footcandle. Such illumination shall be controlled by
illumination level of one (1) footcandle and a motion sensor lighting.
maximum level of five (5) footcandles.
xi. For the parking areas of enclosed parking
iv. Single-, two-, three- and four-family residential garages, a minimum lighting level of two (2.0)
uses shall have a maximum illumination level of footcandles shall be maintained. No lighting shall
three (3) foot-candles at the driveway or walkway, produce glare outside the structure.
but no more than one-half (0.5) footcandle at any
property line elsewhere on the site. b. The spacing between poles illuminating large open
areas including, but not limited to, surface parking
v. Pedestrian walkways or bikeways shall have an areas or lots, parks, or the grounds of multi-family
illumination level ranging between a minimum of housing complexes shall be no closer than two and
one-half (0.5) footcandle and a maximum of two one-half (2 1/2) times the pole height. Light poles
and a half (2.5) footcandles. must be positioned to enable walkways to comply
with local, Federal, or State disabled persons access
vi. Large open areas and the grounds of multi- legislation.
family housing complexes shall have a minimum
illumination level of one-half (0.5) footcandle and a 3. Architectural Lighting
maximum level of two (2) footcandles. a. Fixtures used to accent architectural features,
materials, colors, style of buildings or art shall be
vii. Canopied areas, such as those found at drive- located, aimed and shielded so that light is directed
through facilities at banks, service stations, car only on those features.
washes, shall have a maximum illumination level
of fifteen (15) foot-candles with a maximum to b. Such fixtures shall be aimed or shielded so as to
minimize light spill into the sky. Such fixtures shall
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not generate excessive light levels, cause glare, or with current methods of collection in the area in which
direct light beyond the façade onto neighboring the project is located.
property, streets or the night sky. LIghting shall not
change colors or strobe. 3. The dimensions of the recycling area and the bins
or containers shall be consistent with the City of
4. Height Standards Newark, Title XV, Solid Waste Management, Chapter
a. Freestanding Lights 12, Mandatory Recycling Ordinance.
i. For residential uses, the maximum height of
freestanding lights shall not exceed the height of 4. The recycling area shall be conveniently located
the principal building or fifteen (15) feet, whichever for the residential disposition of source separated
is less. recyclable materials, preferably near, but clearly
separated from, a refuse dumpster. All refuse and
ii. For commercial and mixed-use uses, the recyclable materials storage areas shall be contained
maximum height of freestanding lights shall not on a concrete pad and shall be enclosed with a five (5)
exceed the height of the principal building or foot high solid fence or wall.
twenty (20) feet, whichever is less.
5. Landscaping shall be provided around any
iii. For industrial uses, the maximum height of outdoor recycling area and shall be developed in an
freestanding lights shall not exceed the height of aesthetically pleasing manner. (Evergreen shrubs shall
the principal building or thirty (30) feet, whichever be planted at the perimeter of the storage area at a
is less. minimum initial planting height of three (3) feet.)
b. Mounting Heights. The mounting height of any 6. If kept outside, the refuse and recycling area shall
building-mounted light source shall be the lowest be well-lit, and shall be safely and easily accessible
height possible to achieve appropriate illumination, by recycling personnel vehicles. Collection vehicles
but in no case shall the mounting height exceed shall be able to access the recycling area without
twenty (20) feet above grade. interference from parked cars or other obstacles.
Reasonable measures shall be taken to protect the
40:16-7. Garbage & Refuse Collection Disposal & recycling area, and the bins or containers placed
Recyclable Materials therein, against theft of recyclable materials, bins or
containers.
1. All new multi-family projects shall be provided with 7. The recycling area or the bins or containers placed
a means of collection and storage for garbage, refuse, therein shall be designed so as to provide protection
and waste which will be generated by the development against adverse environmental conditions which might
and must be designed to adequately ensure protection render the collected materials unmarketable. Any bins
and freedom from vermin and rodent infestation. or containers which are used for the collection of
recyclable paper or cardboard, and which are located
2. There shall be included in any new multi-family in an outdoor recycling area, shall be equipped with a
housing development that requires subdivision or site lid, or otherwise covered, so as to keep the paper or
plan approval an indoor or outdoor recycling area for cardboard dry.
the collection and storage of residentially-generated
recyclable materials. The dimensions of the recycling 40:16-8. Sanitary Utilities
area shall be sufficient to accommodate recycling bins
or containers which are of adequate size and number, 40:16-8-1. Design Standards
and which are consistent with anticipated usage and 1. All sanitary utilities shall be separately conveyed
291
from on-tract storm water facilities, and shall be with the standards of the Uniform Construction Code
separately connected to the municipal sewerage and Fire Code as adopted by the City.
system. A minimum internal pipe size of four (4)
inches shall be used within all public rights-of-way, or 40:16-11. Maintenance
of City easements. The materials and design shall be
as approved by Title VII, State Uniform Construction 40:16-11-1. Zoning Standards
Code, as adopted by the City. [7:1-1 et seq.] 1. The property owner shall be required to maintain
all landscaping, site lighting, fences, signs, and other
2. All industrial users and/or major industry as defined site improvements to keep the features attractive;
under Title XXXII, Sewers and Sewage Disposal of in good functioning condition; and free of weeds or
these Revised General Ordinances shall comply with overgrowth. Property shall be kept free of debris,
the regulations therein as well as the requirements of trash, or rubbish. Regular weeding, pruning, and
this chapter. mowing of plant materials, and replacement of all dead
plant material is also required.
3. Sanitary waste loads from residential and
commercial uses shall be calculated by the methods 40:16-12. Additional Measures
defined in the BOCA National Plumbing Code, or by
utilizing per capita per day water consumption. Per 40:16-12-1. Design Standards
capita per day consumption shall be assumed in all 1. The Central Planning Board or the Zoning Board of
such calculations. Adjustments may require provisions of such additional
measures as it deems necessary to protect public
4. Pipes shall be designed with full flow velocities areas or neighborhood properties from adverse effects
ranging from a minimum of two and one-half (2.5) feet of the proposed development which would be harmful
per second and a maximum of ten (10) feet per second. to health, safety, conservation of property values and
general welfare.
40:16-9. Water Supply

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 State
Uniform Construction Code as adopted by the City
[7:1-1].
40:16-10. Fire Prevention
1. The Fire Department 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
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Chapter 17. Storm Drainage

40:17-1. Scope & Purpose process and do not relieve the applicant of the
responsibility to secure required permits or approvals
40:17-1-1. Policy Statement for activities regulated by any other applicable code,
Flood control, groundwater recharge, and pollutant rule, act, or ordinance. In their interpretation and
reduction through nonstructural or low impact application, the provisions of this ordinance shall
techniques shall be explored before relying on be held to be the minimum requirements for the
structural Best Management Practices (BMPs). promotion of the public health, safety, and general
Structural BMPs should be integrated with welfare. This Section is not intended to interfere
nonstructural stormwater management strategies and with, abrogate, or annul any other ordinance, rule or
proper maintenance plans. Nonstructural strategies regulation, statute, or other provision of law except
include both environmentally sensitive site design that, where any provision of this Section imposes
and source controls that prevent pollutants from restrictions different from those imposed by any
being placed on the site or from being exposed to other ordinance, rule or regulation, or other provision
stormwater. Source control plans should be developed of law, the more restrictive provisions or higher
based upon physical site conditions and the origin, standards shall control.
nature, and the anticipated quantity or amount of
potential pollutants. Multiple stormwater management 40:17-2. Definitions Applicable Specifically to
BMPs may be necessary to achieve the established Section 40:17
performance standards for water quality, quantity, and Unless specifically defined below, words or phrases
groundwater recharge. used in this Section shall be interpreted so as to give
them the meaning they have in common usage and to
40:17-1-2. Purpose give this Section its most reasonable application. The
It is the purpose of this Section to establish minimum definitions below are the same as, or are based on, the
stormwater management requirements and controls corresponding definitions in NJAC 7:8-1.2 (Stormwater
for “major development,” as defined in Section 40:15- Management Rules). When not inconsistent with the
7-2., and to set penalties for failure to comply with the context, words used in the present tense include
requirements. the future, words used in the plural number include
the singular number, and words used in the singular
40:17-1-3. Applicability number include the plural number. The word “shall” is
1. This Section shall be applicable to all site plans and always mandatory and not merely directive.
subdivisions.
Board shall mean, where applicable, the Newark
2. This Section shall also be applicable to all major Central Planning Board or the Newark Zoning Board
developments undertaken by the City of Newark. of Adjustment.
3. This Section shall also be applicable to all major Compaction shall mean the increase in soil bulk
developments undertaken by any government, density.
government agency, special district, school district,
Federal government or subdivision thereof, State Core shall mean a pedestrian-oriented area of
government or subdivision thereof, County government commercial and civic uses serving the surrounding
or subdivision thereof and/or Special Bi-State municipality, generally including housing and access to
Agencies. public transportation.
a. Compatibility with Other Permit and Ordinance County review agency shall mean an agency
Requirements. Development approvals issued for designated by the County Board of Chosen
subdivisions and site plans pursuant to this Section Freeholders to review municipal stormwater
are to be considered an integral part of development management plans and implementing ordinance(s).
approvals under the subdivision and site plan review The County review agency may either be a County
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Planning Agency or a County water resource including but not limited to: stream corridors; natural
association created under NJSA 58:16A-55.5, if heritage priority sites; habitat of endangered or
the ordinance or resolution delegates authority to threatened species; large areas of contiguous open
approve, conditionally approve, or disapprove municipal space or upland forest; steep slopes; and well head
stormwater management plans and implementing protection and groundwater recharge areas. Habitats
ordinance. of endangered or threatened species are identified
using the NJDEP’s Landscape Project as approved
Department shall mean the New Jersey Department by the NJDEP’s Endangered and Nongame Species
of Environmental Protection. Program.
Design Engineer shall mean a person professionally Erosion shall mean the detachment and movement of
qualified and duly licensed in New Jersey to perform soil or rock fragments by water, wind, ice or gravity.
engineering or architecture services that may include,
but not necessarily be limited to, development of Impervious Surface shall mean a surface that has
project requirements, creation and development been covered with a layer of material so that it is highly
of project design and preparation of drawings and resistant to infiltration by water.
specifications.
Infiltration shall mean the process by which water
Designated Center shall mean a State Development seeps into the soil from precipitation.
and Redevelopment Plan Center as designated by the
State Planning Commission such as urban, regional, Major Development shall mean any “development”
town, village, or hamlet. that provides for ultimately disturbing one-half (1/2)
acre or more land. Disturbance for the purpose of
Development shall mean the division of a parcel of this rule is the placement of impervious surface or
land into two (2) or more parcels, the construction, exposure and/or movement of soil or bedrock or
reconstruction, conversion, structural alteration, clearing, cutting, or removing of vegetation.
relocation or enlargement of any building or structure,
any mining excavation or landfill, and any use or Municipal Separate Storm Sewer System (MS4)
change in the use of any building or other structure, shall mean a conveyance or system of conveyances
or land or extension of use of land, by any person, (including roads with drainage systems, municipal
for which permission is required under the Municipal streets, catch basins, curbs, gutters, ditches, manmade
Land Use Law, NJSA 40:55D-1 et seq, including channels, or storm drains) that is owned or operated by
development by government agencies to which this the City of Newark, New Jersey or other public body,
Section applies. and is designed and used for collecting and conveying
stormwater. MS4s do not include combined sewer
Drainage Area shall mean a geographic area within systems, which are sewer systems that are designed
which stormwater runoff, sediments, or dissolved to carry sanitary sewage at all times and to collect and
materials drain to a particular receiving waterbody or to transport stormwater from streets and other sources.
a particular point along a receiving waterbody.
Municipality shall mean the City of Newark, New
Empowerment Neighborhood shall mean a Jersey.
neighborhood designated by the Urban Coordinating
Council “in consultation and conjunction with” the New NJDEP shall mean the New Jersey Department of
Jersey Redevelopment Authority pursuant to NJSA Environmental Protection.
55:19-69.
Node shall mean an area designated by the State
Environmentally Critical Areas shall mean an area Planning Commission concentrating facilities and
or feature which is of significant environmental value, activities which are not organized in a compact form.
295
Nutrient shall mean a chemical element or compound, State Development and Redevelopment Plan
such as nitrogen or phosphorus, which is essential to Metropolitan Planning Area (PA1) shall mean an
and promotes the development of organisms. area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is
Person shall mean any individual, corporation, intended to be the focus for much of the State’s future
company, partnership, firm, association, or political redevelopment and revitalization efforts. Newark, New
subdivision of this State, and in particular the City of Jersey is a designated Center located in PA1.
Newark, New Jersey, its Planning Board, Board of
Adjustment, or Council when acting pursuant to the State Plan Policy Map shall mean the geographic
Municipal Land Use Law, NJSA 40:55D-1 et seq. application of the State Development and
Redevelopment Plan’s goals and Statewide policies,
Pollutant shall mean any dredged spoil, solid and the official map of these goals and policies.
waste, incinerator residue, filter backwash, sewage,
garbage, refuse, oil, grease, sewage sludge, munitions, Storm Drain Inlet shall mean an opening in a storm
chemical wastes, biological materials, medical wastes, drain used to collect stormwater runoff and includes,
radioactive substance (except those regulated under but is not limited to, a grate inlet, curb-opening inlet,
the Atomic Energy Act of 1954, as amended (42 U.S.C. slotted inlet, and combination inlet.
2011 et seq.)), thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, Stormwater shall mean water resulting from
agricultural, and construction waste or runoff, or other precipitation (including rain and snow) that runs off the
residue discharged directly or indirectly to the land, land’s surface, is transmitted to the subsurface, or is
groundwaters or surface waters of the State, or to a captured by separate storm sewers or other sewage
domestic treatment works. “Pollutant” includes both or drainage facilities, or conveyed by snow removal
hazardous and nonhazardous pollutants. equipment.
Recharge shall mean the amount of water from Stormwater Management Basin shall mean an
precipitation that infiltrates into the ground and is not excavation or embankment and related areas designed
evapotranspired. to retain stormwater runoff. A stormwater management
basin may either be normally dry (that is, a detention
Sediment shall mean solid material, mineral or basin or infiltration basin), retain water in a permanent
organic, that is in suspension, is being transported, or pool (a retention basin), or be planted mainly with
has been moved from its site of origin by air, water or wetland vegetation (most constructed stormwater
gravity as a product of erosion. wetlands).
Sewer, Combined shall mean a sewer system that Stormwater Management Measure shall mean
takes sanitary waste and stormwater runoff in the any structural or nonstructural strategy, practice,
same system. technology, process, program, or other method
intended to control or reduce stormwater runoff and
Sewer, Sanitary shall mean a sewer system that associated pollutants, or to induce or control the
takes only sanitary waste. infiltration or groundwater recharge of stormwater or
to eliminate illicit or illegal non-stormwater discharges
Sewer, Stormwater shall mean a sewer system that into stormwater conveyances.
takes only stormwater runoff.
Stormwater Runoff shall mean water flow on the
Site shall mean the lot or lots upon which a major surface of the ground or in storm sewers, resulting
development is to occur or has occurred. from precipitation.
Soil shall mean all unconsolidated mineral and organic Tidal Flood Hazard Area shall mean a flood hazard
material of any origin. area, which may be influenced by stormwater runoff
from inland areas, but which is primarily caused by the
Atlantic Ocean.
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Unimproved shall mean land that has a of this Chapter. To the maximum extent practicable,
preconstruction condition with good hydrologic these standards shall be met by incorporating
condition. nonstructural stormwater management strategies into
the design. If these strategies alone are not sufficient
Urban Coordinating Council Empowerment to meet these standards, structural stormwater
Neighborhood shall mean a neighborhood given management measures necessary to meet these
priority access to State resources through the New standards shall be incorporated into the design.
Jersey Redevelopment Authority.
2. The standards in this Section are intended to
Urban Enterprise Zone shall mean a zone designated minimize the impact of stormwater runoff on water
by the New Jersey Enterprise Zone Authority pursuant quality and water quantity in receiving water bodies
to the New Jersey Urban Enterprise Zones Act, NJSA and maintain groundwater recharge.
52:27H-60 et seq.
3. No land area shall be developed by any applicant
Urban Redevelopment Area is defined as previously such that:
developed portions of areas: a. The volume and rate of stormwater runoff
1. Delineated on the State Plan Policy Map (SPPM) occurring from the property is increased over the
as the Metropolitan Planning Area (PA1), Designated volume and rate, which occurs under existing
Centers, Cores or Nodes; predevelopment conditions or preconstruction.
2. Designated as CAFRA Centers, Cores or Nodes;
3. Designated as Urban Enterprise Zones; and b. The drainage of the adjacent properties is
4. Designated as Urban Coordinating Council adversely affected.
Empowerment Neighborhoods.
5. Designated as a State Development and c. The existing drainage pattern of ditches, channels,
Redevelopment Plan Metropolitan Planning Area (PA1). and streams is not altered, nor their carrying
Newark, New Jersey is a Designated Center and is capacities exceeded.
entirely in PA1.
d. Stormwater runoff from impervious areas, such as
Waters of the State shall mean the ocean and its parking lots, driveways or loading zones, flows over
estuaries, all springs, streams, wetlands, and bodies of or across sidewalks, or out of driveways.
surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or 40:17-4. Stormwater Management Requirements
subject to its jurisdiction. for Developments
Wetlands or Wetland shall mean an area that 40:17-4-1. For the stormwater management measures
is inundated or saturated by surface water or incorporated into the design of a major development,
groundwater at a frequency and duration sufficient to all developments shall incorporate a maintenance plan
support, and that under normal circumstances does in accordance with Section 40:17-10 of this Chapter.
support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, commonly known 40:17-4-2. Stormwater management measures
as hydrophytic vegetation. shall avoid adverse impacts of concentrated flow on
the storm or combined sewer system or habitat for
40:17-3. General Standards threatened and endangered species as documented
pursuant to the NJDEP’s Landscape Project or Natural
40:17-3-1. Design & Performance Standards for Heritage Database established under NJSA 13:1B-
Stormwater Management Measures 15.147 through 15.150.
1. Stormwater management measures for development
shall be developed to meet the erosion control, 40:17-4-3. The following linear development
groundwater recharge, stormwater runoff quantity, and projects are exempt from the groundwater recharge,
stormwater runoff quality standards in Section 40:17-4 stormwater runoff quantity, and stormwater runoff
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quality requirements of Sections 40:17-4-6 and 40:17- 40:17-4-5. Nonstructural Stormwater Management
4-7: Strategies
1. To the maximum extent practicable, the standards
1. The construction of an underground utility line in Sections 40:17-4-6 and 40:17-4-7 shall be met by
provided that the disturbed areas are revegetated upon incorporating nonstructural stormwater management
completion; strategies set forth in this Section into the design.
The applicant shall identify the nonstructural
2. The construction of an aboveground utility line measures incorporated into the design of the project.
provided that the existing conditions are maintained to If the applicant contends that it is not feasible for
the maximum extent practicable; and engineering, environmental, or safety reasons to
incorporate any nonstructural stormwater management
3. The construction of a public pedestrian access, measures identified in paragraph (2) below into the
such as a sidewalk or trail with a maximum width of design of a particular project, the applicant shall
fourteen (14) feet, provided that the access is made of identify the strategy considered and provide a basis for
permeable material. the contention.
40:17-4-4. A waiver from strict compliance from the 2. Nonstructural stormwater management strategies
groundwater recharge, stormwater runoff quantity, incorporated into site design shall:
and stormwater runoff quality requirements of a. Protect areas that provide water quality benefits
Sections 40:17-4-6 and 40:17-4-7 may be obtained or areas particularly susceptible to erosion and
for the enlargement of an existing public roadway sediment loss;
or railroad; or the construction or enlargement of a
public pedestrian access, provided that the following b. Minimize impervious surfaces and break up,
conditions are met: disconnect the flow of runoff over impervious
surfaces, and utilize velocity reduction strategies;
1. The applicant demonstrates that there is a public
need for the project that cannot be accomplished by c. Maximize the protection of natural drainage
any other means; features and vegetation;
2. The applicant demonstrates through an alternatives d. Minimize the decrease in the “time of
analysis, that through the use of nonstructural and concentration” from pre-construction to post-
structural stormwater management strategies and construction. “Time of concentration” is defined
measures, the option selected complies with the as the time it takes for runoff to travel from the
requirements of Sections 40:17-4-6 and 40:17-4-7 to hydraulically most distant point of the drainage area
the maximum extent practicable; to the point of interest within a watershed;
3. The applicant demonstrates that, in order to meet e. Minimize land disturbance including clearing and
the requirements of Sections 40:17-4-6 and 40:17-4-7, grading;
existing structures currently in use, such as homes and
buildings, would need to be condemned; and f. Minimize soil compaction;
4. The applicant demonstrates that it does not own g. Provide low-maintenance landscaping that
or have other rights to areas, including the potential encourages retention and planting of native
to obtain through condemnation lands not falling vegetation and minimizes the use of lawns, fertilizers
under Section 40:17-4-4(4) above within the upstream and pesticides;
drainage area of the receiving stream, that would
provide additional opportunities to mitigate the h. Provide vegetated open-channel conveyance
requirements of Sections 40:17-4-6 and 40:17-4-7 that systems discharging into and through stable
were not achievable on-site. vegetated areas provided that the approving board
deems this arrangement to be safe for the public
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and that all safety regulations in Section 40:17-8 of in that grate has an area of no more than seven
this Chapter are met. (7.0) square inches, or is no greater than 0.5
inches across the smallest dimension. Examples
i. Provide other source controls to prevent or of grates subject to this standard include grates in
minimize the use or exposure of pollutants at the grate inlets, the grate portion (non-curb-opening
site, in order to prevent or minimize the release of portion) of combination inlets, grates on storm
those pollutants into stormwater runoff. sewer manholes, ditch grates, trench grates, and
grates of spacer bars in slotted drains. Examples
Such source controls include, but are not limited to: of ground surfaces include surfaces of roads
i. Site design features that help to prevent (including bridges), driveways, parking areas,
accumulation of trash and debris in drainage systems, bikeways, plazas, sidewalks, lawns, fields, open
including features that satisfy Section 40:17-5(3) channels, and stormwater basin floors.
below;
b. Whenever design engineers use a curb-opening
ii. Site design features that help to prevent inlet, the clear space in that curb opening (or each
discharge of trash and debris from drainage individual clear space, if the curb opening has two
systems; or more clear spaces) shall have an area of no more
than seven (7.0) square inches, or be no greater than
iii. Site design features that help to prevent and/ two (2.0) inches across the smallest dimension.
or contain spills or other harmful accumulations
of pollutants at industrial or commercial c. This standard does not apply:
developments; and i. Where the review agency determines that
this standard would cause inadequate hydraulic
iv. When establishing vegetation after land performance that could not practicably be
disturbance, applying fertilizer in accordance overcome by using additional or larger storm drain
with the requirements established under the Soil inlets that meet these standards;
Erosion and Sediment Control Act, NJSA 4:24-39
et seq., and implementing rules. ii. Where flows from the water quality design storm
as specified in Section 40:17-4-7(1) are conveyed
3. Site design features identified under Section through any device (e.g., end of pipe netting facility,
40:17-5(2)(i)(ii) above shall comply with the following manufactured treatment device, or a catch basin
standard to control passage of solid and floatable hood) that is designed, at a minimum, to prevent
materials through storm drain inlets. For purposes of delivery of all solid and floatable materials that
this paragraph, “solid and floatable materials” means could not pass through one of the following:
sediment, debris, trash, and other floating, suspended, A. A rectangular space four and five-eighths
or settleable solids. For exemptions to this standard (4 5/8) inches long and one and one-half (1.5)
see Section 40:17-5(3)(c) below. inches wide (this option does not apply for outfall
netting facilities); or
a. Design engineers shall use either of the following B. A bar screen having a bar spacing of 0.5 inch.
grates whenever they use a grate in pavement or
another ground surface to collect stormwater from iii. Where flows are conveyed through a trash rack
that surface into a storm drain or surface water body that has parallel bars with one (1) inch spacing
under that grate: between the bars, to the elevation of the water
quality design storm as specified in Section 40:17-
i. The New Jersey Department of Transportation 4-7(1); or
(NJDOT) bicycle safe grate, which is described
in Chapter 2.4 of the NJDOT Bicycle Compatible iv. Where the New Jersey Department of
Roadways and Bikeways Planning and Design Environmental Protection determines, pursuant
Guidelines (April 1996); or to the New Jersey Register of Historic Places
ii. A different grate, if each individual clear space Rules at NJAC 7:4-7.2(c), that action to meet this
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standard is an undertaking that constitutes an plan and areas with high risks for spills of toxic
encroachment or will damage or destroy the New materials, such as gas stations and vehicle
Jersey Register listed historic property. maintenance facilities; and
d. Guidance for nonstructural stormwater management B. Industrial stormwater exposed to “source

strategies is available in the New Jersey Stormwater material.” “Source material” means any material(s)
Best Management Practices Manual. The BMP Manual or machinery, located at an industrial facility,
may be found on the Department of Environmental that is directly or indirectly related to process,
Protection’s Stormwater and Nonpoint Source manufacturing or other industrial activities,
Pollution website at www.njstormwater.org. which could be a source of pollutants in any
industrial stormwater discharge to groundwater.
40:17-4-6. Erosion Control, Groundwater Recharge Source materials include, but are not limited
& Runoff Quantity Standards to, raw materials; intermediate products; final
1. This paragraph contains minimum design and products; waste materials; by-products; industrial
performance standards to control erosion, encourage machinery and fuels, and lubricants, solvents,
and control infiltration and groundwater recharge, and and detergents that are related to process,
control stormwater runoff quantity impacts of major manufacturing, or other industrial activities that
development. are exposed to stormwater.
a. The minimum design and performance standards iii. If stormwater recharge is desired and allowed,
for erosion control are those established under the following applies. The design engineer shall,
the Soil Erosion and Sediment Control Act, NJSA using the assumptions and factors for stormwater
4:24-39 et seq., as well as Title 28 of the Municipal runoff and groundwater recharge calculations at
Code (Soil Erosion and Sediment Control), and Section 40:17-5, either:
implementing rules.
A. Demonstrate through hydrologic and hydraulic
b. The minimum design and performance standards analysis that the site and its stormwater
for groundwater recharge are as follows: management measures maintain one hundred
(100%) percent of the average annual pre-
i. No groundwater recharge is required for projects construction groundwater recharge volume for
within the “urban redevelopment area,” or at the site; or
projects where stormwater is not permitted to be
recharged as prescribed in Section 40:17-4-6(b)(ii) B. Demonstrate through hydrologic and hydraulic
below. Newark is an “Urban Redevelopment Area.” analysis that the increase of stormwater
runoff volume from pre-construction to post-
ii. The following types of stormwater shall not be construction for the 2-year storm is infiltrated.
recharged:
iv. The design engineer shall assess the hydraulic
A. Stormwater from areas of high pollutant impact on the groundwater table and design the
loading. High pollutant loading areas are areas site so as to avoid adverse hydraulic impacts.
in industrial and commercial developments Potential adverse hydraulic impacts include,
where solvents and/or petroleum products are but are not limited to, exacerbating a naturally
loaded/unloaded, stored, or applied, areas where or seasonally high water table so as to cause
pesticides are loaded/unloaded or stored; areas superficial ponding, flooding of basements,
where hazardous materials are expected to be or interference with the proper operation of
present in greater than “reportable quantities” subsurface sewage disposal systems and other
as defined by the United States Environmental subsurface structures in the vicinity or down
Protection Agency (EPA) at 40 CFR 302.3 and gradient of the groundwater recharge area.
listed in 40 CFR 302.4; areas where recharge
would be inconsistent with NJDEP approved c. For major developments, in order to control
remedial action work plan or landfill closure stormwater runoff quantity impacts, the design
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engineer shall, using the assumptions and factors C. If detention facilities utilizing surface
for stormwater runoff calculations at Section 40:17-5, impoundment, such as detention basins or
complete one of the following: rooftop storage, are used, sufficient volume
to fully contain the total volume of rainfall
i. Demonstrate through hydrologic and hydraulic excess shall be provided. The outlets of such
analysis that for stormwater leaving the site, post- facilities shall be designed to limit the maximum
construction runoff hydrographs for the 2-, 10-, and discharge rate of stormwater runoff to what
100-year storm events do not exceed, at any point occurs at the site under existing conditions and
in time, the preconstruction runoff hydrographs for shall discharge in such a way as not to adversely
the same storm events; affect any other property. If rooftop storage is
proposed, the weight of the impounded water on
ii. Demonstrate through hydrologic and hydraulic the roof shall be accounted for in the structural
analysis that there is no increase, as compared to design of the building and the roof shall be
the pre-construction condition, in the peak runoff designed to provide maximum protection against
rates of stormwater leaving the site for the 2-, 10-, leakage.
and 100-year storm events and that the increased
volume or change in timing of stormwater runoff D. If a combination of different stormwater
will not increase flood damage at or downstream detention techniques is used, the combined
of the site. This analysis shall include the analysis volume of the systems shall be large enough to
of impacts of future phases of the development fully contain the total volume of rainfall excess.
project.
E. Stormwater detention facilities shall be
iii. Design of Stormwater Storage Facilities. maintained regularly by the owner to insure
continual functioning of the systems at design
A. A minimum acceptable outlet pipe from capacity and to prevent the health hazards
all storage facilities shall be eight (8) inches associated with debris buildup and stagnant
internal diameter, and be of material and class water. In no case shall water be allowed to
as approved by Title VII, the State Uniform remain in any facility long enough to constitute a
Construction Code as adopted by the City. mosquito breeding, disease or any other type of
health problem.
B. In the case of detention facilities utilizing
porous media for ground absorption, such as F. Stormwater conduits shall be designed with
dry-wells, porous pavement, or the like, the full flow velocities ranging from a minimum of
volume of porous media shall be large enough two and one-half (2.5) feet per second to a
to contain the total volume of rainfall excess, as maximum of ten (10) feet per second.
required under Section 40:17-3-1 of this Chapter,
within the voids. Ground absorption systems G. All drainage and storage facilities shall be
shall be used only where the infiltration rate of constructed to meet the requirements of the
the receiving soil is acceptable as determined Director of Engineering.
by percolation tests and performed under the
guidelines and standards of NJAC 7:9A et seq. H. All stormwater conduits must be connected
(Environmental Protection), and soil borings, or to storm sewers or combined sewers wherever
as determined by the Director of Engineering. available, but in no case will stormwater conduits
The applicant must demonstrate to the Director be connected to sanitary sewers. In the event
of Engineering that the soil contains no that the municipal system is surcharged
contaminants that could leave the site by use even after storage facilities are designed, the
of a detention facility where ground absorption Director of Engineering shall direct the point
occurs. Provisions shall be made to contain of connection to the system or require such
overflow of such systems on site or to surface changes as are necessitated.
drain the overflow in such a way as not to
adversely affect any other property.
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d. For Nonmajor Developments: TABLE 17-1. Land Use Types & Runoff Coefficients
i. In order to accomplish the above objectives, the LAND USE TYPE RUNOFF COEFFICIENTS
design of storm water drainage and storm water Business
storage facilities may include (unless prohibited Central Business District 0.70 to 0.95
by Section 40:17-4-6(1)(b)(ii): roof-top storage, Neighborhood areas 0.50 to 0.70
oversized sewers with restricted outlet pipes,
underground storage tanks, French drains, or Residential
where acceptable soil and groundwater conditions Single-family areas 0.30 to 0.50
exist planted swale areas, recharge basins, dry Multi-units, detached 0.40 to 0.60
wells, porous pavement, or any other innovative Multi-units, attached 0.60 to 0.75
techniques, or a combination of the above as
Apartment dwelling areas 0.50 to 0.70
approved by the Director of Engineering.
Industrial
ii. Design of Stormwater Storage Facilities Light areas 0.50 to 0.80
Heavy areas 0.60 to 0.90
A. On-tract stormwater facilities shall be
Parks, Cemeteries 0.10 to 0.25
designed to contain the amount of stormwater
runoff, which is equal to the maximum difference Playgrounds 0.20 to 0.35
in runoff between pre-development conditions Railroad yard areas 0.20 to 0.40
and post development conditions. Unimproved Areas 0.10 to 0.30
SURFACE TYPE
B. Either the rational method or the soil
conservation service method as outlined in the Streets
Soil Conservation Service National Engineering Asphaltic 0.70 to 0.95
Handbook., Hydrology, shall be used for Concrete 0.80 to 0.95
computing the volume and rate of runoff from Brick 0.75 to 0.85
existing and post development conditions.
Drives and Walks 0.75 to 0.85
C. The amount of runoff shall be compiled Roofs 0.75 to 0.85
using a design storm with a ten (10) year return Lawns; Sandy Soil
frequency for Essex County (See Graph on file in Flat, 2% 0.05 to 0.10
Office of City Clerk). The minimum initial time of
Average, 2 to 7% 0.10 to 0.15
concentration shall be ten (10) minutes.
Steep, 7% 0.15 to 0.20
D. For computation with the rational method, Lawns; Heavy Soil
published runoff coefficients which reflect land Flat, 2% 0.13 to 0.17
use and topography shall be used. Acceptable
Average 2 to 7% 0.18 to 0.22
runoff coefficients currently in practice include,
but are not limited to the following: Steep, 7% 0.25 to 0.35
E. A minimum acceptable outlet pipe from

all storage facilities shall be eight (8) inches
internal diameter, and be of material and class
as approved by Title VII, the State Uniform
Construction Code as adopted by the City.
F. In the case of detention facilities utilizing

porous media for ground absorption, such as dry-
wells, porous pavement, or the like, the volume of
porous media shall be large enough to contain
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the total volume of rainfall excess, as required constructed to meet the requirements of the
within the voids. Ground absorption systems Director of Engineering.
shall be used only where the infiltration rate of
the receiving soil is acceptable as determined L. All stormwater conduits must be connected
by percolation tests and performed under the to storm sewers or combined sewers wherever
guidelines and standards of NJAC 7:9A et seq. available, but in no case will stormwater conduits
[Environmental Protection], and soil borings, or be connected to sanitary sewers. In the event
as determined by the Director of Engineering. that the municipal system is surcharged
Provisions shall be made to contain overflow even after storage facilities are designed, the
of such systems on site or to surface drain the Director of Engineering shall direct the point
overflow in such a way as not to adversely affect of connection to the system or require such
any other property. changes as are necessitated.
G. If detention facilities utilizing surface e. In tidal flood hazard areas, stormwater runoff
impoundment, such as detention basins or quantity analysis shall only be applied if the
rooftop storage, are used, sufficient volume increased volume of stormwater runoff could
to fully contain the total volume of rainfall increase flood damages below the point of
excess shall be provided. The outlets of such discharge.
facilities shall be designed to limit the maximum
discharge rate of stormwater runoff to what 40:17-4-7. Stormwater Runoff Quality Standards
occurs at the site under existing conditions and for Major Developments That Do Not Discharge
shall discharge in such a way as not to adversely into Newark’s Combined Sewer System
affect any other property. If rooftop storage is 1. Stormwater management measures shall be
proposed, the weight of the impounded water on designed to reduce the post-construction load of
the roof shall be accounted for in the structural total suspended solids (TSS) in stormwater runoff
design of the building and the roof shall be by eighty (80%) percent of the anticipated load from
designed to provide maximum protection against the developed site, expressed as an annual average.
leakage. The requirement to reduce TSS does not apply to any
stormwater runoff in a discharge regulated under a
H. If a combination of different stormwater numeric effluent limitation for TSS imposed under the
detention techniques is used, the combined New Jersey Pollution Discharge Elimination System
volume of the systems shall be large enough to (NJPDES) rules, NJAC 7:14A, or in a discharge
fully contain the total volume of rainfall excess. specifically exempt under a NJPDES permit from this
requirement. The water quality design storm is one and
I. Stormwater detention facilities shall be one-quarter (1.25) inches of rainfall in two (2) hours.
maintained regularly by the owner to insure Water quality calculations shall take into account the
continual functioning of the systems at design distribution of rain from the water quality design storm,
capacity and to prevent the health hazards as reflected in Table 17-2 (below). The calculation
associated with debris buildup and stagnant of the volume of runoff may take into account the
water. In no case shall water be allowed to
remain in any facility long enough to constitute a
mosquito breeding, disease or any other type of
health problem.
J. Stormwater conduits shall be designed with

full flow velocities ranging from a minimum of
two and one-half (2.5) feet per second to a
maximum of ten (10) feet per second.
K. All drainage and storage facilities shall be
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implementation of nonstructural and structural achieve the required eighty (80%) percent TSS
stormwater management measures. reduction for a site, the applicant shall utilize the
following formula to calculate TSS reduction:

Table 17-2: Water Quality Design Storm Distribution R = A + B – (AXB)/100

Time Cumulative Time Cumulative
(Minutes) Rainfall (Minutes) Rainfall
Where
(Inches) (Inches)
R = total TSS percent load removal from
0 0.0000 65 0.8917 application of both BMPs, and
5 0.0083 70 0.9917
A = the TSS percent removal rate applicable to
10 0.0166 75 1.0500
the first BMP
15 0.0250 80 1.0840
20 0.0500 85 1.1170 B = the TSS percent removal rate applicable to
25 0.0750 90 1.1500 the second BMP
30 0.1000 95 1.1750
35 0.1330 100 1.2000 Table 17-3: TSS Removal Rates for BMPs
40 0.1660 105 1.2250 Best Management TSS Percent Removal
Practice Rate
45 0.2000 110 1.2334
Bioretention Systems 90
50 0.2583 115 1.2417
Constructed Stormwater 90
55 0.3583 120 1.2500
Wetland
60 0.6250
Extended Detention Basin 40-60
2. For purposes of TSS reduction calculations, Table Infiltration Structure 80
2 below presents the presumed removal rates for Manufactured Treatment See Section 40:17-6(3)
certain BMPs designed in accordance with the New Device
Jersey Stormwater Best Management Practices Sand Filter 80
Manual, available online at http://www.nj.gov/dep/ Vegetative Filter Strip 60-80
stormwater/ bmp_manual2.htm. The BMP Manual may
Wet Pond 50-90
be obtained from the address identified in Section
40:17-7 or found on the Department of Environmental
4. If there is more than one on-site drainage area, the
Protection’s Stormwater and Nonpoint Source
eighty (80%) percent TSS removal rate shall apply to
Pollution website at www.njstormwater.org. The BMP
each drainage area, unless the runoff from the sub-
Manual and other sources of technical guidance
areas converge on site in which case the removal rate
are listed in Section 40:17-7. TSS reduction shall be
can be demonstrated through a calculation using a
calculated based on the removal rates for the BMPs in
weighted average.
Table 2 below. Alternative removal rates and methods
of calculating removal rates may be used if the design
5. Stormwater management measures shall also be
engineer provides documentation demonstrating the
designed to reduce, to the maximum extent feasible,
capability of these alternative rates and methods to
the post-construction nutrient load of the anticipated
the review agency. A copy of any approved alternative
load from the developed site in stormwater runoff
rate or method of calculating the removal rate shall
generated from the water quality design storm. In
be provided to the NJDEP at the following address:
achieving reduction of nutrients to the maximum
Division of Watershed Management, New Jersey
extent feasible, the design of the site shall include
Department of Environmental Protection, PO Box 418,
nonstructural strategies and structural measures that
Trenton, New Jersey, 08625-0418.
optimize nutrient removal while still achieving the
performance standards in Sections 40:17-4-6 and
3. If more than one BMP in series is necessary to
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40:17-4-7. the special water resource protection area will be

maintained to the maximum extent practicable. In
6. Additional information and examples are contained no case shall the remaining special water resource
in the New Jersey Stormwater Best Management protection area be reduced to less than one
Practices Manual, which may be obtained from the hundred fifty (150) feet as measured perpendicular
address identified in Section 40:17-7 hereof. to the top of bank of the waterway or centerline
of the waterway where the bank is undefined. All
7. In accordance with the definition of FW1 at NJAC encroachments proposed under this subparagraph
7:9B-1.4, stormwater management measures shall be shall be subject to review and approval by the
designed to prevent any increase in stormwater runoff NJDEP.
to fresh waters classified as FW1.
b. All stormwater shall be discharged outside of and
8. There are no Category One Rivers in Newark, flow through the special water resource protection
but in the case that such a river is so designated, area and shall comply with the Standard for Off-
the following shall apply. Special water resource Site Stability in the “Standards For Soil Erosion and
protection areas shall be established along all waters Sediment Control in New Jersey,” established under
designated Category One at NJAC 7:9B-1.15(c) the Soil Erosion and Sediment Control Act, NJSA
through (g), and perennial or intermittent streams that 4:24-39 et seq., as well as Title 28 of the Municipal
drain into or upstream of the Category One waters Code (Soil Erosion and Sediment Control).
as shown on the USGS Quadrangle Maps or in the
County Soil Surveys, within the associated HUC14 c. If stormwater, discharged outside of and flowing
drainage area. These areas shall be established for the through the special water resource protection
protection of water quality, aesthetic value, exceptional area, cannot comply with the Standard For Off-
ecological significance, exceptional recreational Site Stability in the “Standards for Soil Erosion and
significance, exceptional water supply significance, and Sediment Control in New Jersey,” established under
exceptional fisheries significance of those established the Soil Erosion and Sediment Control Act, NJSA
Category One waters. These areas shall be designated 4:24-39 et seq., as well as Title 28 of the Municipal
and protected as follows: Code (Soil Erosion and Sediment Control), then
the stabilization measures in accordance with the
a. The applicant shall preserve and maintain a special requirements of the above standards may be placed
water resource protection area in accordance with within the special water resource protection area,
one of the following: provided that:
i. A 300-foot special water resource protection i. Stabilization measures shall not be placed within
area shall be provided on each side of the one hundred fifty (150) feet of the Category One
waterway, measured perpendicular to the waterway waterway;
from the top of the bank outwards or from the
centerline of the waterway where the bank is ii. Stormwater associated with discharges allowed
not defined, consisting of existing vegetation or by this Section shall achieve a ninety-five (95%)
vegetation allowed to follow natural succession is percent TSS post-construction removal rate;
provided.
iii. Temperature shall be addressed to ensure no
ii. Encroachment within the designated special impact on the receiving waterway;
water resource protection area in the paragraph
above shall only be allowed where previous iv. The encroachment shall only be allowed where
development or disturbance has occurred (for the applicant demonstrates that the functional
example, active agricultural use, parking area or value and overall condition of the special water
maintained lawn area). The encroachment shall resource protection area will be maintained to the
only be allowed where the applicant demonstrates maximum extent practicable;
that the functional value and overall condition of
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v. A conceptual project design meeting shall be a. For computation with the rational method,
held with the appropriate NJDEP staff and Soil published runoff co-efficient which reflects land use
Conservation District staff to identify necessary and topography shall be used. Acceptable runoff
stabilization measures; and co-efficient currently in practice includes, but are not
limited to the following:
vi. All encroachments proposed under this Section
shall be subject to review and approval by the TABLE 17-4
NJDEP.
LAND USE TYPE RUNOFF
COEFFICIENT
d. A stream corridor protection plan may be
developed by a regional stormwater management Business
planning committee as an element of a regional Central Business District 0.70 to 0.95
stormwater management plan, or by a municipality Neighborhood areas 0.50 to 0.70
through an adopted municipal stormwater Residential
management plan. If a stream corridor protection
plan for a waterway subject to Section 40:17-4- Single-family areas 0.30 to 0.50
7(8) has been approved by the Department of Multi-units, detached 0.40 to 0.60
Environmental Protection, then the provisions of the Multi-units, attached 0.60 to 0.75
plan shall be the applicable special water resource Apartment dwelling areas 0.50 to 0.70
protection area requirements for that waterway.
Industrial
A stream corridor protection plan for a waterway
subject to Section 40:17-4-7(8) shall maintain or Light areas 0.50 to 0.80
enhance the current functional value and overall Heavy areas 0.60 to 0.90
condition of the special water resource protection Parks, Cemeteries 0.10 to 0.25
area as defined in Section 40:17-4-7(8)(a)(i) above.
Playgrounds 0.20 to 0.35
In no case shall a stream corridor protection plan
allow the reduction of the Special Water Resource Railroad yard areas 0.20 to 0.40
Protection Area to less than one hundred fifty (150) Unimproved Areas 0.10 to 0.30
feet as measured perpendicular to the waterway
subject to this Subsection.
TABLE 17-5
40:17-5. Calculation of Stormwater Runoff and SURFACE TYPE RUNOFF
COEFFICIENT
Groundwater Recharge for Major Development
Streets
40:17-5-1. Stormwater runoff shall be calculated in Asphaltic 0.70 to 0.95
accordance with the following: Concrete 0.80 to 0.95
Brick 0.75 to 0.85
1. Design stormwater management measures so that
the post-construction peak runoff rates for the 2-, 10- Drives & Walks 0.75 to 0.85
and 100-year storm events are 50, 75 and 80 percent, Roofs 0.75 to 0.85
respectively, of the preconstruction peak runoff rates. Lawns; Sandy Soil
The percentages apply only to the post-construction
Flat, 2% 0.05 to 0.10
stormwater runoff that is attributable to the portion
of the site on which the proposed development or Average, 2 to 7% 0.10 to 0.15
project is to be constructed. The percentages shall Steep, 7% 0.15 to 0.20
not be applied to post-construction stormwater runoff Lawns; Heavy Soil
into tidal flood hazard areas if the increased volume
Flat, 2% 0.13 to 0.17
of stormwater runoff will not increase flood damages
below the point of discharge; or Average 2 to 7% 0.18 to 0.22
Steep, 7% 0.25 to 0.35
2. Computation and Design Standards:
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b. The USDA Natural Resources Conservation 1. The New Jersey Geological Survey Report GSR-
Service (NRCS) methodology, including the 32 A Method for Evaluating Ground-Water Recharge
NRCS Runoff Equation and Dimensionless Unit Areas in New Jersey, incorporated herein by reference
Hydrograph, as described in the NRCS National as amended and supplemented. Information regarding
Engineering Handbook Section 4 – Hydrology and the methodology is available from the New Jersey
Technical Release 55 – Urban Hydrology for Small Stormwater Best Management Practices Manual;
Watersheds; or the Rational Method for peak flow available online at http://www.state.nj.us/ dep/njgs/;
and the Modified Rational Method for hydrograph or at New Jersey Geological Survey, 29 Arctic Parkway,
computations. P.O. Box 427, Trenton, New Jersey 08625-0427.
3. For the purpose of calculating runoff coefficients 40:17-6. Standards for Structural Stormwater
and groundwater recharge, there is a presumption Management Measures
that the preconstruction condition of a site or portion 1. Standards for structural stormwater management
thereof is unimproved land with good hydrologic measures are as follows:
condition. The term “runoff coefficient” applies to both
the NRCS methodology in Table 17-1 and the Rational a. Structural stormwater management measures
and Modified Rational Methods at Section 40:17-5-1(2) shall be designed to take into account the
(b). In addition, there is the presumption that the site existing site conditions, including, for example,
is in good hydrologic condition (if the land use type is environmentally critical areas, wetlands; flood-prone
lawn, or park), with good cover or with good hydrologic areas; slopes; depth to seasonal high water table;
condition and conservation treatment. soil type, permeability and texture; drainage area
and drainage patterns; and the presence of solution-
4. In computing preconstruction stormwater runoff, prone carbonate rocks (limestone).
the design engineer shall account for all significant
land features and structures, such as ponds, wetlands, b. Structural stormwater management measures
depressions, hedgerows, or culverts that may reduce shall be designed to minimize maintenance, facilitate
pre-construction stormwater runoff rates and volumes. maintenance and repairs, and ensure proper
functioning. Trash racks shall be installed at the
5. In computing stormwater runoff from all design intake to the outlet structure as appropriate, and
storms, the design engineer shall consider the relative shall have parallel bars with one-inch (1”) spacing
stormwater runoff rates and/or volumes of pervious between the bars to the elevation of the water
and impervious surfaces separately to accurately quality design storm. For elevations higher than the
compute the rates and volume of stormwater runoff water quality design storm, the parallel bars at the
from the site. To calculate runoff from unconnected outlet structure shall be spaced no greater than one-
impervious cover, urban impervious area modifications third (1/3) the width of the diameter of the orifice or
as described in the NRCS Technical Release 55 – one-third (1/3) the width of the weir, with a minimum
Urban Hydrology for Small Watersheds and other spacing between bars of one-inch and a maximum
methods may be employed. spacing between bars of six inches. In addition,
the design of trash racks must comply with the
6. If the invert of the outlet structure of a stormwater requirements of Section 40:17-8-2
management measure is below the flood hazard
design flood elevation as defined at NJAC 7:13 (Flood i. Structural stormwater management measures
Hazard Control Area Act Rules), the design engineer shall be designed, constructed, and installed to be
shall take into account the effects of tailwater in strong, durable, and corrosion resistant.
the design of structural stormwater management
measures. ii. At the intake to the outlet from the stormwater
management basin, the orifice size shall be a
40:17-5-2. Groundwater recharge may be calculated minimum of two and one-half (2.5) inches in
in accordance with the following: diameter.
iii. Stormwater management basins shall be
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designed to meet the minimum safety standards Control in New Jersey” promulgated by the State Soil
for stormwater management basins at Section Conservation Committee and incorporated into NJAC
40:17-8-2. 2:90. Copies of these standards may be obtained by
contacting the State Soil Conservation Committee or
2. Stormwater management measure guidelines any of the Soil Conservation Districts listed in NJAC
are available in the New Jersey Stormwater Best 2:90-1.3(a)3. The location, address, and telephone
Management Practices Manual online at http://www. number of each Soil Conservation District may be
nj.gov/dep/stormwater/bmp_manual2.htm. Other obtained from the State Soil Conservation Committee,
stormwater management measures may be utilized P.O. Box 330, Trenton, New Jersey 08625;
provided the design engineer demonstrates that the
proposed measure and its design will accomplish 2. The Rutgers Cooperative Extension Service, and
the required water quantity, groundwater recharge
and water quality design and performance standards 3. The Soil Conservation Districts listed in NJAC 2:90-
established by Section 40:17-4 of this Section. 1.3(a)3. The location, address, and telephone number of
each Soil Conservation District may be obtained from
3. Manufactured treatment devices may be used to the State Soil Conservation Committee, P.O. Box 330,
meet the requirements of Section 40:17-4 of this Trenton, New Jersey, 08625.
Section, provided the pollutant removal rates are
verified by the New Jersey Corporation for Advanced 40:17-8. Safety Standards for Stormwater
Technology and certified by the NJDEP. Management Basins
40:17-7. Sources for Technical Guidance 40:17-8-1. This Section sets forth requirements to
protect public safety through the proper design and
40:17-7-1. Technical guidance for stormwater operation of stormwater management basins. This
management measures can be found in the Section applies to any new stormwater management
documents listed at paragraphs (a) and (b) below, basin.
which are available from Maps and Publications, New
Jersey Department of Environmental Protection, 428 40:17-8-2. Requirements for Trash Racks, Overflow
East State Street, P.O. Box 420, Trenton, New Jersey, Grates and Escape Provisions
08625. 1. A trash rack is a device designed to catch trash and
debris and prevent the clogging of outlet structures.
1. Guidelines for stormwater management measures Trash racks shall be installed at the intake to the outlet
are contained in the New Jersey Stormwater Best from the stormwater management basin to ensure
Management Practices Manual, available online at proper functioning of the basin outlets in accordance
http://www.nj.gov/dep/stormwater/bmp_manual2.htm, with the following:
as amended. Information is provided on stormwater a. The trash rack shall have parallel bars, with no
management measures such as: bioretention systems, greater than six (6) inch spacing between the bars.
constructed stormwater wetlands, dry wells, extended
detention basins, infiltration structures, manufactured b. The trash rack shall be designed so as not to
treatment devices, pervious paving, sand filters, adversely affect the hydraulic performance of the
vegetative filter strips, and wet ponds. outlet pipe or structure.
2. The New Jersey Department of Environmental c. The average velocity of flow through a clean trash
Protection Stormwater Management Facilities rack is not to exceed two and one-half (2.5) feet per
Maintenance Manual, as amended. second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net
40:17-7-2. Additional technical guidance for area of opening through the rack.
stormwater management measures can be obtained
from the following: d. The trash rack shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall
1. The “Standards for Soil Erosion and Sediment be designed to withstand a perpendicular live loading
308
of three hundred (300) pounds per square feet. 40:17-8-3. Variance or Exemption from Safety
Standards
2. An overflow grate is designed to prevent obstruction 1. A variance or exemption from the safety standards
of the overflow structure. If an outlet structure has an for stormwater management basins may be granted
overflow grate, such grate shall meet the following only upon a written finding by the appropriate
requirements: reviewing agency of the City of Newark that the
a. The overflow grate shall be secured to the outlet variance or exemption will not constitute a threat to
structure but removable for emergencies and public safety.
maintenance;
Illustration of Safety Ledges in a New Stormwater
b. The overflow grate spacing shall be no less than Management Basin
two (2) inches across the smallest dimension;
c. The overflow grate shall be constructed and

installed to be rigid, durable, and corrosion resistant,
and shall be designed to withstand a perpendicular
live loading of three hundred (300) pounds per
square feet.
3. For purposes of this paragraph, escape provisions

means the permanent installation of ladders, steps,
rungs, or other features that provide easily accessible
means of egress from stormwater management basins.
Stormwater management basins shall include escape
provisions as follows:
a. If a stormwater management basin has an outlet
structure, escape provisions shall be incorporated
in or on the structure. With the prior approval of the
reviewing agency identified in Section 40:17-8-3 a 40:17-9 Additional Requirements for a Site
freestanding outlet structure may be exempted from Development Stormwater Plan to be Added to a
this requirement. Site Plan Review Application for Developments
b. Safety ledges shall be constructed on the slopes 40:17-9-1. Submission of Site Development
of all new stormwater management basins having Stormwater Plan for Major Development
a permanent pool of water deeper than two and 1. Whenever an applicant seeks municipal approval of a
one-half (2.5) feet. Such safety ledges shall be development subject to this Section, the applicant shall
comprised of two (2) steps. Each step shall be four submit all of the required components of the Checklist
(4) to six (6) feet in width. One step shall be located for the Site Development Stormwater Plan at Section
approximately two and one-half (2.5) feet below 40:17-9-3 as part of the submission of the applicant’s
the permanent water surface, and the second step application for subdivision or site plan approval.
shall be located one (1) to one and one-half (1.5) feet
above the permanent water surface. See Section 2. The applicant shall demonstrate that the project
40:17-8-3 for an illustration of safety ledges in a meets the standards set forth in this Section.
stormwater management basin.
3. The applicant shall submit eight (8) copies of the
c. In new stormwater management basins, the materials required by the reviewing board and listed in
maximum interior slope for an earthen dam, the checklist for site development stormwater plans in
embankment, or berm shall not be steeper than 3 accordance with Section 40:17-9-3.
horizontal to 1 vertical.
40:17-9-2. Site Development Stormwater Plan
309
Approval elevations. A written description of the site plan and

The applicant’s site development project shall be justification of proposed changes in natural conditions
reviewed as a part of the subdivision or site plan may also be provided.
review process by the municipal board or official from
whom municipal approval is sought. That municipal 4. Land Use Planning and Source Control Plan. This
board’s staff shall consult the Engineering Department plan shall provide a demonstration of how the goals
and Department of Water and Sewer Utilities to and standards of Sections 40:17-2 through 40:17-5 are
determine if all of the checklist requirements have being met. The focus of this plan shall be to describe
been satisfied and to determine if the project meets how the site is being developed to meet the objective
the standards set forth in this Section. of controlling groundwater recharge, stormwater
quality and stormwater quantity problems at the source
40:17-9-3. Checklist Requirements by land management and source controls whenever
The following information shall be required: possible.
1. Topographic Base Map. The reviewing engineer may 5. Stormwater Management Facilities Map. The
require upstream tributary drainage system information following information, illustrated on a map of the same
as necessary. It is recommended that the topographic scale as the topographic base map, shall be included:
base map of the site be submitted which extends a a. Total area to be paved or built upon, proposed
minimum of two hundred (200) feet beyond the limits surface contours, land area to be occupied by the
of the proposed development, at a scale of 1”=200’ or stormwater management facilities and the type of
greater, showing 2-foot contour intervals. The map as vegetation thereon, and details of the proposed plan
appropriate may indicate the following: existing surface to control and dispose of stormwater.
water drainage, shorelines, steep slopes, soils, erodible
soils, perennial or intermittent streams that drain into b. Details of all stormwater management facility
or upstream of the Category One waters, wetlands and designs, during and after construction, including
flood plains along with their appropriate buffer strips, discharge provisions, discharge capacity for each
marshlands and other wetlands, pervious or vegetative outlet at different levels of detention and emergency
surfaces, existing manmade structures, roads, bearing spillway provisions with maximum discharge capacity
and distances of property lines, and significant natural of each spillway.
and manmade features not otherwise shown.
6. Calculations
2. Environmental Site Analysis. A written and graphic a. Comprehensive hydrologic and hydraulic design
description of the natural and manmade features calculations for the pre-development and post-
of the site and its environs. This description should development conditions for the design storms
include a discussion of soil conditions, slopes, specified in Section 40:17-4.
wetlands, waterways and vegetation on the site.
Particular attention should be given to unique, unusual, b. When the proposed storm-water management
or environmentally sensitive features and to those control measures (e.g., infiltration basins) depends
that provide particular opportunities or constraints for on the hydrologic properties of soils, then a soils
development. report shall be submitted. The soils report shall be
based on on-site boring logs or soil pit profiles. The
3. Project Description and Site Plan(s). A map (or number and location of required soil borings or soil
maps) at the scale of the topographical base map pits shall be determined based on what is needed
indicating the location of existing and proposed to determine the suitability and distribution of soils
buildings, roads, parking areas, utilities, structural present at the location of the control measure.
facilities for stormwater management and sediment
control, and other permanent structures. The map(s) 7. Maintenance and Repair Plan. The design and
shall also clearly show areas where alterations occur planning of the stormwater management facility shall
in the natural terrain and cover, including lawns and meet the maintenance requirements of Section 40:17-
other landscaping, and seasonal high ground water 10.
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8. Waiver from Submission Requirements. The unless such owner or tenant owns or leases the
municipal official or board reviewing an application entire residential development or project. Under no
under this Section may, in consultation with the circumstances shall the responsibility for maintenance
Departments of Engineering and Water and Sewer be assigned, designated, assumed or transferred to the
Utilities, waive submission of any of the requirements City of Newark unless the development is undertaken
in Sections 40:17-9-3(1) through 40:17-9-3(5) of by the City.
this Section when it can be demonstrated that the
information requested is impossible to obtain or it 5. The maintenance plan shall be recorded upon
would create a hardship on the applicant to obtain and the deed of record for each property on which the
its absence will not materially affect the review process maintenance described in the maintenance plan must
and such waiver would not be a violation of NJDEP be undertaken.
Rules and Regulations.
6. Preventative and corrective maintenance shall
40:17-10. Maintenance & Repair be performed to maintain the function of the
stormwater management measure, including repairs
40:17-10-1. Applicability or replacement to the structure; removal of sediment,
1. Projects subject to review shall comply with the debris, or trash; restoration of eroded areas; snow and
requirements of Sections 40:17-10-2 and 40:17-11. ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated
40:17-10-2. General Maintenance linings.
1. The design engineer shall prepare a maintenance
plan for the stormwater management measures 7. For major development projects, the person
incorporated into the design of a major development. responsible for maintenance identified under Section
40:17-10-2(3) above shall maintain a detailed log
2. The maintenance plan shall contain specific of all preventative and corrective maintenance for
preventative maintenance tasks and schedules. the structural stormwater management measures
incorporated into the design of the development,
3. The maintenance plan for major developments shall including a record of all inspections and copies of all
contain specific preventative maintenance tasks and maintenance-related work orders.
schedules; cost estimates, including estimated cost
of sediment, debris, or trash removal; and the name, 8. For major development projects, the person
address, and telephone number of the person or responsible for maintenance identified under Section
persons responsible for preventative and corrective 40:17-10-2(3) above shall evaluate the effectiveness of
maintenance (including replacement). Maintenance the maintenance plan at least once per year and adjust
guidelines for stormwater management measures the plan and the deed as needed.
are available in the New Jersey Stormwater Best
Management Practices Manual, available online at 9. The person responsible for maintenance identified
http://www.nj. gov/dep/stormwater/bmp_manual2. under Section 40:17-10-2(3) above shall retain and
htm. If the maintenance plan identifies a person make available, upon request by any public entity
other than the developer (for example, a property with administrative, health, environmental, or safety
owner or homeowners’ association) as having the authority over the site, the maintenance plan and the
responsibility for maintenance, the plan shall include documentation required by Sections 40:17-10-2(7) and
documentation of such person’s agreement to assume 40:17-10-2(8) above.
this responsibility, or of the developer’s obligation to
dedicate a stormwater management facility to such 10. The requirements of Sections 40:17-10-2(3) and
person under an applicable section or regulation. 40:17-10-2(4)do not apply to stormwater management
facilities that are dedicated to and accepted by the
4. Responsibility for maintenance shall not be assigned municipality or another governmental agency.
or transferred to the owner or tenant of an individual
property in a residential development or project, 11. In the event that the stormwater management
311
facility becomes a danger to public safety or public 2. Litter receptacles (other than dumpsters or other
health, or if it is in need of maintenance or repair, bulk containers).
the City of Newark shall so notify the responsible
person in writing. Upon receipt of that notice, the 3. Individual homeowner trash and recycling containers.
responsible person shall have fourteen (14) days 4. Refuse containers at facilities authorized to
to effect maintenance and repair of the facility in discharge stormwater under a valid NJPDES permit.
a manner that is approved by the Departments of
Engineering and Water and Sewer Utilities. The City of 5. Large bulky items (e.g., furniture, bound carpet and
Newark, in its discretion, may extend the time allowed padding, white goods, such as refrigerator, dishwasher,
for effecting maintenance and repair for good cause. freezer, washer and dryer, placed curbside for pickup).
If the responsible person fails or refuses to perform
such maintenance and repair, the City of Newark may 40:17-12. Private Storm Drain Inlet Retrofitting
immediately proceed to do so and shall impose a lien
or use other remedies to collect the cost thereof from 40:17-12-1. Existing storm drain inlets which are in
the responsible person. direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private
For major development projects, nothing in this Section property must be retrofitted to prevent the discharge
shall preclude the City of Newark in which the major of solids and floatables (such as plastic bottles,
development is located from requiring the posting of a cans, food wrappers and other litter) to the municipal
performance or maintenance guarantee in accordance separate storm or combined sewer system operated by
with NJSA 40:55D-53. the City of Newark, New Jersey so as to protect public
health, safety and welfare.
40:17-11. Refuse Containers/Dumpsters
1. Prohibited Conduct. No person in control of
40:17-11-1. All dumpsters and other refuse containers private property (except a residential lot with one
that are outdoors or exposed to stormwater must single-family house) shall authorize the repaving,
be covered at all times and prohibited from spilling, repairing (excluding the repair of individual potholes),
dumping, leaking, or otherwise discharge of liquids, resurfacing (including top coating or chip sealing
semi-liquids or solids from the containers to the with asphalt emulsion or a thin base of hot bitumen),
municipal separate storm sewer system(s) operated reconstructing or altering any surface that is in direct
by the City of Newark, New Jersey and/or the waters contact with an existing storm drain inlet on that
of the State so as to protect public health, safety and property unless the storm drain inlet either:
welfare. a. Already meets the design standard below to
control passage of solid and floatable materials; or
40:17-11-2. Prohibited Conduct
1. Any person who controls, whether owned, leased, b. Is retrofitted or replaced to meet the standard in
or operated, a refuse container or dumpster must paragraph 2. below prior to the completion of the
ensure that such container or dumpster is covered at project.
all times and shall prevent refuse from spilling out or
overflowing. 40:17-12-2. Design Standard
Storm drain identified in Section 40:17-12 above shall
2. Any person who owns, leases or otherwise uses a comply with the following standard to control passage
refuse container or dumpster must ensure that such of solid and floatable materials through storm drain
container or dumpster does not leak or otherwise inlets. For purposes of this paragraph, “solid and
discharge liquids, semi-liquids or solids to the floatable materials” means sediment, debris, trash,
municipal separate storm sewer system operated by and other floating, suspended, or settleable solids. For
the City of Newark, New Jersey. exemptions to this standard see Section 40:17-12-2(3)
below.
40:17-11-3. Exceptions to Prohibition
1. Permitted temporary demolition containers. 1. Design engineers shall use either of the following
grates whenever they use a grate in pavement or
312
another ground surface to collect stormwater from that 4. Where flows are conveyed through a trash rack that
surface into a storm drain or surface water body under has parallel bars with one (1) inch spacing between the
that grate: bars; or
a. The New Jersey Department of Transportation
(NJDOT) bicycle safe grate, which is described 5. Where the New Jersey Department of
in Chapter 2.4 of the NJDOT Bicycle Compatible Environmental Protection determines, pursuant to
Roadways and Bikeways Planning and Design the New Jersey Register of Historic Places Rules at
Guidelines (April 1996); or NJAC 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or
b. A different grate, if each individual clear space will damage or destroy the New Jersey Register listed
in that grate has an area of no more than seven historic property.
(7.0) square inches, or is no greater than 0.5 inches
across the smallest dimension. Examples of grates 40:17-13. Penalties
subject to this standard include grates in grate inlets,
the grate portion (non-curb-opening portion) of 40:17-13-1. Any person(s) found to be in violation
combination inlets, grates on storm sewer manholes, of the provisions of the City of Newark Stormwater
ditch grates, trench grates, and grates of spacer Control Ordinance or who willfully or negligently fail(s)
bars in slotted drains. Examples of ground surfaces to comply with the rules and regulations noted herein
include surfaces of roads (including bridges), above shall be subject to a fine as follows:
driveways, parking areas, bikeways, plazas, sidewalks,
lawns, fields, open channels, and stormwater basin 1. Fine related to paragraphs a. through j., a fine of
floors. not more than one thousand ($1,000.00) dollars or
imprisonment not to exceed ninety (90) days, or both,
2. Whenever design engineers use a curb-opening for each offense;
inlet, the clear space in that curb opening (or each
individual clear space, if the curb opening has two or 2. Fine related to paragraph k., a fine not to exceed
more clear spaces) shall have an area of no more than one hundred thousand ($100,000.00) dollars;
seven (7.0) square inches, or be no greater than two
(2.0) inches across the smallest dimension. 3. Fine related to paragraph l., a fine not to exceed ten
thousand ($10,000.00) dollars for each storm drain inlet
3. This standard does not apply: that is not retrofitted to meet the design standard.
a. Where the Municipal Engineer agrees that a. Each day on which a violation shall occur or
this standard would cause inadequate hydraulic continue shall be deemed a separate and distinct
performance that could not practicably be overcome offense. In addition to the penalties provided
by using additional or larger storm drain inlets that herein, the City of Newark may recover reasonable
meet these standards: attorneys’ fees, court costs, court reporters’ fees and
i. Where flows are conveyed through any device other expenses of litigation by appropriate suit at
(e.g., end of pipe netting facility, manufactured law against the person(s) found to have violated the
treatment device, or a catch basin hood) that is regulations issued recited herein above.
designed, at a minimum, to prevent delivery of all
solid and floatable materials that could not pass 40:17-14. Enforcement
through one of the following: This Section shall be enforced by the Police
Department, Department of Neighborhood and
ii. A rectangular space four and five-eighths (4 Recreational Services and/or other Municipal Officials
5/8) inches long and one and one-half (1 1/2) of the City of Newark, New Jersey.
inches wide (this option does not apply for outfall
netting facilities); or
iii. A bar screen having a bar spacing of 0.5 inches.
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Chapter 18. Administration,

Enforcement & Violations
40:18-1. Administration in use, specifying in such notice the prior use and
the proposed use after such change. Upon receiving
40:18-1-1. Enforcement of Title such notice, the Construction Code Official shall
The provision of this Title shall be enforced by the cause an inspection of the premises to be made and
Division of Code Enforcement. if he/she finds that the proposed new use does not
conform to the provisions of this Title or does not
40:18-1-2. Construction Code Official comply with all State Laws and City ordinances and
1. Certificate of Occupancy, Issuance by Construction regulations governing and concerning the location,
Code Official, Fees. construction, utilities, their repair and maintenance,
a. Certificate of Occupancy. of the building and such premises, he/she shall
It shall be unlawful to use or permit the use of any revoke the Certificate of Occupancy upon ten (10)
building or premises, or part thereof, hereafter days notice in writing to the owner, tenant or other
created, erected, changed, converted or enlarged, occupant of the premises.
wholly or partly in its use or structure until a
Certificate of Occupancy to the effect that the d. Every Certificate of Occupancy heretofore or
building or premises, or part thereof so created, hereafter issued shall expire at the end of every
erected, changed, converted, or enlarged and the calendar year, beginning with the year 1971, unless it
proposed use thereof conform to the provisions of is renewed prior to the expiration of such calendar
this Title, shall have been issued by the Construction year by application to the Construction Code Official
Code Official. In the case of such buildings or on forms prescribed by him/her. It shall be unlawful
premises, it shall be the duty of the Construction to use or permit the use of any building or premises,
Code Official to issue a Certificate of Occupancy or part thereof, unless a currently valid Certificate
within thirty (30) days after application for approval of Occupancy for the premises is in effect. This
has been filed in his/her office by any owner of a Section, however, shall not apply to premises used
building or premises, or the part thereof so created, and continued to be used as a dwelling for three (3)
erected, changed, converted or enlarged and if families or less.
the proposed use thereof conforms with all the
requirements herein set forth. e. It shall be unlawful to use or permit the use of any
building or premises, or part thereof, presently in
b. A temporary Certificate of Occupancy under existence and for which a Certificate of Occupancy
subparagraph a., 1. hereof for a part of a building may has not previously been issued, unless a Certificate
be issued by the Construction Code Official. Upon of Occupancy is obtained within sixty (60) days after
application from the owner, the Construction Code the effective date of this Chapter, in accordance with
Official shall issue a Certificate of Occupancy for any the provisions of paragraph a, 1 of this Section.
building or premises existing at the time of passage
of this zoning ordinance (1-17-79) certifying, after It shall be unlawful to use or permit the use of any
inspection, the use of the building or premises and building or premises; or part thereof for which a
whether such use conforms to the provisions of this Certificate of Occupancy is received under this
Title. Section other than a one-family dwelling, unless
such certificate is displayed in some prominent place
c.It shall be unlawful to use or permit the use of in such building or premises.
any building or premises or part thereof, for which
a Certificate of Occupancy has been issued and 2. Issuance by Construction Code Official.
the use of which is changed at any time, unless the a. It shall be unlawful to use or for the owner to
owner, tenant or other occupant of the building or permit to be used for dwelling purposes any building
premises shall notify the Construction Code Official or part of a building designed or constructed for
in writing at least ten (10) days prior to such change commercial or industrial, or other than dwelling
314
Chapter 18. Administration, Enforcement and Violations
purposes, or to convert any such premises for c. No permit for change from commercial and
dwelling use unless and until a Certificate of industrial use to a dwelling use or from a dwelling
Occupancy for dwelling use has been issued by the use to a commercial and industrial use shall become
Construction Code Official. effective until at least thirty (30) days after the date
b. It shall be unlawful to use or for the owner to of the application.
permit to be used for commercial and industrial
purposes any building or part of a building designed d. Upon approval, an Occupancy Permit or renewal
or constructed for dwelling purposes, or other than shall issue upon payment of the required fee.
commercial and industrial purposes, or to convert If the application is rejected, written notice is to be
any such premises for commercial and industrial given to the applicant.
use unless and until a Certificate of Occupancy for
commercial and industrial use has been issued by e. Every application for a Certificate of Occupancy
the Construction Code Official. submitted to the City shall be accompanied by
certification that no taxes or assessments for
3. Fees local improvements are due or delinquent on the
a. A Certificate of Occupancy shall not issue unless property which is the subject of the application. The
and until the owner has complied with all State and certification shall be made by the City’s Tax Collector
Federal laws and City ordinances and regulations, on a form provided by the City. If it is found that
governing and concerning the location, construction, taxes or assessments are due or delinquent on the
utilities, facilities, their repair and maintenance, of property, a Certificate of Occupancy shall not be
the building and such premises for which application issued until such payment is received by the City or
has been made nor shall it issue after the creation, adequate provision for the payment thereof is made
erection, change, conversion or enlargement, in such a manner that the City will be adequately
wholly or partly, of any building or structure unless protected.
and until the plans for such creation, erection,
change, conversion or enlargement shall have been 40:18-2. Certificate of Code Compliance
approved (i) by the Fire Department as conforming
to applicable laws, ordinances and regulations within 40:18-2-1. Certificate of Code Compliance
its jurisdiction, and (ii) by every other municipal Any person who intends to sell, transfer or convey, by
agency having jurisdiction thereof as conforming deed or otherwise, any residence, dwelling, apartment
to applicable laws, ordinances and regulations house or structure intended for human habitation must
within such agency’s jurisdiction. The Construction make application to and receive from the Director,
Code Official shall have the power and authority Neighborhood and Recreational Services, of the
to promulgate rules and regulations specifying the City of Newark, New Jersey or his/her designee,
procedure and forms of determining the necessity a certification that such residence conforms to the
for and manner of obtaining all approvals required housing and zoning ordinances of the City of Newark.
under this Section. The granting of any certification of code compliance
shall not free an owner, seller or buyer of property of
b. Applications, accompanied by the required fee their obligation to comply with any other ordinance
shall be paid by the owner to the Construction or statute applicable to the property, and in particular,
Code Official, on forms provided therefor. The fee shall not free the owner of the obligation of complying
shall become the property of the City as cost of with the Uniform Construction Code. The seller or
processing application. seller’s realtor, attorney or broker shall be permitted
to procure the Certification of Code Compliance once
The determination as to approval or disapproval shall available for distribution.
be made within thirty (30) days, but no occupancy
permit shall become effective before thirty (30) days
from date of application.
315
40:18-2-2. Fees for Certificate of Code Compliance. shall be required. If sold, transferred or conveyed after
Fees for inspections for a Certificate of Code six (6) months from the date of issuance, a further
Compliance shall be as follows: inspection shall be required and a new Certificate of
Code Compliance shall be issued as set forth herein.
Type Fee
40:18-2-5. Appeals
1 to 2 unit dwelling $400
A notice of any violation of the Housing and Zoning
3 to 10 unit dwelling $500 Regulations of the Department of Neighborhood and
11 to 20 unit dwelling $1000 Recreational Services may be appealed by the seller
21 to 40 unit dwelling $2000 to the Director by sending a notice of appeal to the
Director at his/her office, which shall be received
41 to 100 unit dwelling $5000
within ten (10) days of the date of the notice of
Over 100 unit dwelling $10,000 violation. The Director shall set the matter down for
a hearing before him/her or his/her designee. The
Minimum plus $25 for each unit over 100 units. determination of the Director or his/her designee shall
be final.
40:18-2-3. Violation
It shall be a violation of this Chapter to transfer, 40:18-2-6. Regulations
convey or sell the title to property, subject to this The Director of the Department of Neighborhood and
ordinance prior to the issuance of a Certificate of Recreational Services is authorized and empowered
Code Compliance. It shall also be a violation if, upon to issue such regulations as he/she may deem
an inspection it shall be determined that any violation reasonably necessary to carry out the purpose of this
of the housing and/or zoning regulations exists. A Chapter. Such regulations shall be in writing and shall
Certificate of Code Compliance shall not be issued be given to the seller at the time that he or she files
when there are existing violations but instead a list of their application and shall be on file with the City Clerk
violations shall be issued to the seller within fifteen of the City of Newark.
(15) days after the inspection has been completed. A
copy of the inspection shall be made available to the 40:18-2-7. Extensions for Compliance
seller’s realtor and/or broker upon request. If the seller The seller or buyer of any residence who requests
fails to abate the violations listed by the Inspector, no an extension to comply with the requirements of this
Certificate of Code Compliance shall be issued. Any Chapter shall be granted such an extension, if the
violation described by the Inspector shall be abated estimated repairs to the property exceed five thousand
within twenty (20) days of the receipt of the list of ($5,000.00) dollars or otherwise appear because
violations. of inclement weather or other conditions to be so
expensive or difficult to complete that they cannot
40:18-2-4. Exclusions be finished within the time allowed by the Director of
This Chapter shall not apply to the initial sale of the Department of Neighborhood and Recreational
newly constructed structures. This Chapter shall not Services. In regard to a request for an extension,
apply to judicial sales or the sale of property owned the Director shall consider a certified statement of
by the United States, the State of New Jersey or the costs from the contractor in charge of the repairs.
City of Newark nor shall it apply to the sale, transfer If an extension has been granted, the Director of
or conveyance of residential structures between the Department of Neighborhood and Recreational
husband and wife, parent and child and siblings or to Services may permit the structure to be sold with a
the transfer of residential property by an executor/ Conditional Certificate of Compliance if it appears that
administrator of an estate or to any other transfer of the seller or buyer will abate the violations within the
residential premises for a consideration of less than time described in the notice of extension. Where such
one hundred ($100.00) dollars. a sale is allowed the Conditional Certificate permitting
the sale shall state the conditions that are to be
If the premises are sold, transferred or conveyed within remedied as well as the time for compliance. The final
six (6) months from the date of the issuance of the Certificate of Compliance shall be issued only after
Certificate of Code Compliance, no further inspection the conditions in the Conditional Certificate have been
met.
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Chapter 18. Administration, Enforcement and Violations
40:18-2-8. Penalty punished by one or more of the following penalties: (1)

Failure of any seller to abate a violation of these a fine not exceeding one thousand ($1,000.00) dollars;
Housing and Zoning Regulations or a violation (2) imprisonment for any term not exceeding ninety
of this Chapter concerning sales, transfers and/ (90) days; or (3) a period of community service not
or conveyances of residential property without a exceeding ninety (90) days, provided, however, that
Certificate of Code Compliance, shall be punishable when the maximum penalty fixed by an applicable
by a fine not exceeding three thousand ($3,000.00) State Statute is less, by force of said State Statute or
dollars but not less than five hundred ($500.00) dollars by judicial construction, than any penalty fixed in the
or by imprisonment for a term not exceeding ninety Revised General Ordinances, then the limitations of
(90) days, or both. such State Statute shall be applicable.
40:18-2-9. Effective Date 3. A separate offense shall be deemed committed

This Chapter upon final passage and publication in on each day during or on which a violation occurs or
accordance with the law shall be deemed effective continues.
retroactively as of January 5, 1990 in regard to
residential structures that are listed for sale after 4. Any building or part thereof which has been
January 5, 1990 by a realtor licensed in the State of constructed in violation of this Title and for which a
New Jersey. This Chapter shall not affect the sale of subsequent application and request for a variance has
property listed for sale by a realtor, or agreed to be been denied, shall be demolished at the expense of
sold by a seller or buyer as evidenced by a contract the owner, general agent or contractor of the premises.
prior to January 5, 1990.
40:18-3. Violations
40:18-3-1 Penalties
1. Any person who violates any provisions of Section
40:6-2 shall upon conviction thereof, be punished
by one or more of the following penalties: (1) a fine
not exceeding one thousand ($1,000.00) dollars; (2)
imprisonment for any term not exceeding ninety
(90) days; or (3) a period of community service not
exceeding ninety (90) days, provided however, that
when the maximum penalty fixed by an applicable
State Statute is less, by force of said State Statute or
by judicial construction, than any penalty fixed in these
Revised General Ordinances, then the limitation of
such State Statute shall be applicable.
2. For any and every violation of any other provision

of this Title, the owner, general agent or contractor of
a building or premises where such violation has been
committed or shall exist, and the lessee or tenant of an
entire building or entire premises where such violation
has been committed or shall exist, and the owner,
general agent, contractor, lessee or tenant of any part
of a building or premises in which part such violation
has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person
who commits, takes part, or assists in such violation
shall exist, shall, for each and every violation, be
317
Newark Redevelopment Area

Boundary Map
From NZLUR enabling ordinance:
WHEREAS, this Ordinance shall supersede all development regulations

found within all adopted Urban Renewal Plans and Redevelopment Plans
in the City of Newark with the exception of the following. The development
regulations within all other previously adopted Urban Renewal Plans and
Redevelopment Plans have been found to be inconsistent with the 2012
Newark Master Plan and shall be superseded by the regulations in Title
41 (Newark Zoning & Land Use Regulations); leaving all non-development
regulatory provisions of these Urban Renewal Plans and Redevelopment
Plans in effect:
1. Newark’s River: Public Access & Redevelopment Plan 6PSF-I 080713

2. Kent/Brenner/Springfield Redevelopment Plan 6PSF-B 040109
3. Broad Street Station District Redevelopment Plan 6PSF-A 012109
4. Lincoln Park Redevelopment Plan 6PSF-c 051811
5. Bergen South Redevelopment Plan 6PSF-H 120308
6. Living Downtown Plan 6S&FG 090308
7. Old Third Ward Urban Renewal Plan 7RB 061560
8. Northern Fairmount Neighborhood Redevelopment Plan 6PSF-B(S) 063010
9. Newark Downtown Core District Redevelopment Plan
& Amendment to the Newark Plaza Urban Renewal Plan &F 100604
318
Newark Redevelopment Area Boundary Map
1. 109-119 Broad St Redev Plan (CW) | 6S+FH 10/21/91 56. Kent/Brenner/Springfield Redev Plan (CW / SW) |
2. 224-238 McWhorter Redev Plan (EW) | 6S+FX 10/7/87 6S+FK 4/5/89
3. 254-260 Broadway Redev Plan (CW) | 6S+FK 2/17/88 57. Lincoln Park Redev Plan (EW / CW) | 6Phs+Fd
4. 261-269 University Ave & 1280 Raymond Red Plan (CW) | 10/20/04
6S+FQ 10/4/89 58. Lister Ave Redev Expansion Area Plan (EW) | 7RL
5. 275 Montclair Ave Redev Plan (NW) | 6S+FBA 5/3/88 6/1/05
6. 293-297 North 13th St Redev Plan (NW) | 6S+FP 4/6/88 59. Littletone/South 6th St Redelopment Plan (WW) |
6S+FM 11/19/90
7. 320-332 Orange St Redev Plan (CW) | 6S+FU 9/7/88
60. Living Downtown Redev Plan (CW / EW) | 6S+FG
8. 337-339 Orange St Redev Plan (CW) | 6S+FK 3/1/00
9/3/08
9. 40-42 N 10th Street Redev Plan (NW) | 6S+FE 5/18/88
61. Lower Clinton NJR-38 Hill Urban Renewal Plan (SW) |
10. 578-586 N 6th Street Redev Plan (NW) | 6S+FE 5/18/88 6S+FA 12/23/91
11. 712-736 Broadway Redev Plan (NW) | 6S+FG 5/20/87 62. Medical Center Renewal Plan (CW) | 7Rbe 3/20/68
12. Alyea St Redev Plan (EW) | 6S+FF 10/20/82 63. Miller Street/Wright Street Redev Plan (EW) | 6S+FF
13. Archdiocese Office Building Redev Plan (CW) | 6/5/89 8/3/05
14. Bayonne Barrel Redev Plan (EW) | 6S+FH 3/1/00 64. Mt. Prospect Avenue Redev Plan (NW) | 6S+FB
15. Bergen Clinton Redev Plan (SW) | 6S+FD 12/8/04 9/20/89
16. Bergen South Redev Plan (SW) | 6S+FH 12/3/08 65. New Community Development Area Red Plan (CW) |
17. Bergen St Park Redev Plan (WW) | 6S+FA 10/24/89 6S+FI 1/4/78
18. Bergen/Hunterdon Redev Plan (CW) | 6S+FI 4/3/96 66. Newark Beth Israel Redev Plan (SW) | 6S+FJ 4/20/94
19. Block 317-South Orange Ave Redev Plan (WW) | 6S+FD 67. Newark College NJR-45 Expansion Urban Renewal Plan
2/7/07 (CW) | 7RJ 1/3/62
20. Block 3791 Redev Plan (SW) | 6S+FM 5/21/86 68. NJ2-42-”C” Redev Plan (CW) | 6S+FG 2/17/93
21. Block 538 Redev Plan (NW) | 6S+FT 4/20/88 69. NJ2-42-”E” Redev Plan (WW) | 6S+FM 2/17/93
22. Block 560 Redev Plan (NW) | 6S+FH 4/19/89 70. NJ2-42-”H” Redev Plan (WW) | 6S+FH 2/17/93
23. Block 613 Redev Plan (NW) | 6S+FN 9/2/87 71. NJ2-42-”N” Redev Plan (WW) | 6S+FF 2/17/93
24. Bridge St Area Redev Plan (CW) | 6S+FD 9/2/81 72. NJ2-42-”P” Redev Plan (WW) | 6S+FK 2/17/93
25. Broad-Tichenor Redev Plan (EW) | 6S+FC 2/5/03 73. NJ2-42-”Q” Redev Plan (WW) | 6S+FL 2/17/93
NOTE All municipally-owned parcels not
26. Broad St / Murray St Redev Plan (EW) | 6S+FD 5/16/01 74. NJ2-42-”S” Redev Plan (WW) | 6S+FI 2/17/93
already governed by a Redevelopment Plan
shown on this map are governed by the Ward 27. Broad St Station District Redev Plan (CW) | 6S+FA 75. NJ2-42-”U” Redev Plan (WW) | 6S+FJ 2/17/93
Redevelopment Plans. 1/21/09 76. NJ2-42-”V” Redev Plan (CW) | 6S+FE 2/17/93
28. Brookdale Ave Area Redev Plan (WW) | 6S+FD 1/4/78 77. NJR-121 Industrial River Urban Renewal Project (EW) |
29. Central Ward Urban Renewal Plan (CW) | 6S+FK 1/17/01 7Raa 6/18/64
30. Central/Fairmount Redev Plan (WW) | 6S+FF 1/1/03 78. North 5th St Redev Plan (NW) | 6S+FO 4/6/88
31. Chancellor/Wainwright Redev Plan (SW) | 6S+FE 79. North Ward Redev Plan (NW) | 6S+FG 1/5/00
6/20/90 80. Northern Fairmount Redev Plan (WW) | PSF-b 7/7/10
32. Cherry Park Redev Plan (NW) | 8/7/13 81. Old Third Ward NJR-6 Urban Renewal Plan (CW) | 7Rb
33. Clinton Ave & South 15 St Redev Plan (SW) | 6S+FE 6/15/60
6/20/90 82. Oliver St Redev Area Redev Plan (EW) | 6S+FD 6/8/84
34. Custer/Elizabeth Redev Plan (SW) | 6S+FL 8/1/96 83. Port Airport Support Redev Plan (EW / SW) | PSF-c
35. Downtown Core District Redev Plan (EW / CW) | 1/21/10
6S+FF 10/6/04 84. Newark’s River Public Access & Redev Plan
36. Dr Martin Luther King Jr. Blvd/Baldwin St Redev Plan (EW / CW / NW) | 7R3-e (AS) 8/7/13
(CW) | 6S+FA 11/2/94 85. Saint Lucy’s Area Phase II Redev Plan (CW) | 6S+FF
37. Edison Place East Redev Plan (EW) | 6S+FG 9/17/03 2/3/82
38. Education Center NJR-50 Urban Renewal Plan 86. Schuyler Ave Redev Plan (SW) | 6S+FL 12/20/89
(CW / EW) | 7Rbk 5/20/64 87. Shanley/Clinton Area Redev Plan (SW) | 6S+FF 12/6/89
39. Elizabeth & Renner Ave Redev Plan (SW) | 6S+FJ 88. S Broad-Valley Community Redev Plan (SW) | 6S+FM
10/20/93 4/6/77
40. Elizabeth Ave Redev Plan (SW) | 6S+FH 3/4/87 89. S Orange Ave Community Redev Area (WW) | 6S+FF
41. Elizabeth/Mapes Redev Plans (SW) | 6S+FK 8/1/96 3/7/79
42. Essex County Improvement Authority Redev Plan 90. S Orange Ave/West End Ave Redev Plan (WW) |
(CW / WW) | 6S+FT 9/17/86 6S+FC 10/17/01
43. Essex Heights Urban Renewal Plan (CW) | 6S+FD 91. S Ward Industrial Park Redev Plan (SW) | 6S+FS 3/6/96
8/30/77 92. Springfield/ Hayes Redev Plan (CW) | 6S+FO 11/20/01
44. Fairmount Neighborhood Scattered Site Redev Plan 93. Springfield/VE/Sayre Street Redev Plan (CW) | 6S+FA
(WW) | 6S+FA 12/3/08 11/20/01
45. Fairmount Renewal Project Redev Plan (WW) | 6S+FG 94. St. Benedicts Renewal Redev Plan (CW) | 6S+FE
9/11/88 3/15/89
46. Frelinghuysen Ave (Airport Support Zone) Redev Plan 95. Thomas St Redev Plan (EW) | 6S+FZ 10/16/96
(SW) | 6S+FK 7/14/04 96. United Cerebral Palsy Redev Plan (CW) | 6S+FE
47. Halleck St Study Area Redev Plan (NW) | 6S+FO 2/20/91
9/16/87 97. University Heights Redev Area Redev Plan (CW) |
48. Hawthorne/Leslie Area Redev Plan (SW) | 6S+FR 6S+FC 10/20/04
7/11/90 98. UPS Springfield Ave Station Redev Plan (CW) | 6S+FB
49. Heller Parkway Redev Plan (NW) | 6S+FJ 3/1/00 5/1/96
50. Huntington/Shephard Redev Plan (SW) | 6S+FA 99. US 1&9 Commercial/Industrial Plaza Area Redev Plan
6/20/90 (EW) | 6S+FH 5/18/83
51. Ironbound Urban Renewal Plan (EW) | 7RBE 6/15/77 100. Vailsburg Area Redev Plan (WW) | 6S+FC 1/4/78
52. J P Affordable Redev Plan (WW) | 6S+FJ 6/20/90 101. Vantage Urban Renewal Plan (CW) | 6S+FI 8/15/87
53. Jackson / Downing Redev Plan (EW) | 6S+FG 8/1/01 102. Walnut St Area Redev Plan (EW) | 6S+FA 8/11/06
54. Johnson/Hillside Ave Redev Plan (SW) | 6S+FK 103. Waverly Yard Redev Plan (EW / SW) | 6S+FA 3/10/89
12/20/89 104. W Market St Block 1894 Redev Plan (WW) | 6S+FO
55. Keer Ave 2 Redev Plan (SW) | 6S+FC 4/21/93 5/5/93
319

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Newark Zoning Regulations Guide

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Newark Zoning &

Land Use Regulations

John Sharpe James

Joseph McCallum, Jr.

Thanks to diligent NPO staff N’dela Costley, Loretta

Welcome to the Newark Zoning Beginner’s Guide

Who makes decisions about

than a 2-family house. to zoning rules. affects a landmark.

Central Zoning Landmarks

10 members appointed by 9 members appointed my na 11 members appointed my na

Planning & Boards, Engineering,

For the CPB & ZBA, Property

The case is heard by the CPB, ZBA, or Code

To learn more or receive agendas, call:

Newark Zoning & Neighborhoods

R–1 One-Family Residential (page 33)

EWR/EWS-S Airport/ Airport Support (page 48)

2 Kent/Brenner/Springfield Redevelopment Plan

3 Broad Street Station District Plan

7 Old Third Ward Urban Renewal Plan

Lower Clinton Hill

Newark Industrial District

Dayton Port District

R–1 One-Family Residential (page 33)

EWR/EWS-S Airport/ Airport Support (page 48) Ros

2 Kent/Brenner/Springfield Redevelopment Plan

3 Broad Street Station District Plan

7 Old Third Ward Urban Renewal Plan N9

8 Northern Fairmount Redevelopment Plan

2 Kent/Brenner/Springfield Redevelopment Plan

4 Lincoln Park Redevelopment Plan

5 Bergen South Redevelopment Plan

6 Living Downtown Plan

7 Old Third Ward Urban Renewal Plan

Downtown Core District Redevelopment Plan Ave

BRANCH BROOK PARK

R–1 One-Family Residential (page 33)

2 Kent/Brenner/Springfield Redevelopment Plan

4 Lincoln Park Redevelopment Plan Br St

6 Living Downtown Plan

adw Mount Pleasant

North Broadway /Woodside

R–1 One-Family Residential (page 33)

PORT Port (page 47) tcla

RDV–SD Redevelopment Zones & Special Districts (page 49)

4 Lincoln Park Redevelopment Plan

6 Living Downtown Plan HW

Wa Nur MT PLEASANT CEMETERY

5 Bergen South Redevelopment Plan Tre sery

7 Old Third Ward Urban Renewal Plan

Park Ave C Page 13

East Newark Borough

3 Broad Street Station District Plan Par

7 Old Third Ward Urban Renewal Plan

8 Northern Fairmount Redevelopment Plan 4th Ave

BRANCH BROOK PARK

Per Sum Ble n Pl

R–1 One-Family Residential (page 33)

3 Broad Street Station District Plan

4 Lincoln Park Redevelopment Plan Cam

ill P Lind Vails

Irvington Township 18th

6 Living Downtown Plan