Title
AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 28, SOIL EROSION AND SEDIMENT CONTROL, CHAPTER 2: DEFINITIONS SECTION 1: DEFINITIONS AND CHAPTER 5: FEES SECTION 1 APPLICATION FEES TO THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING CHAPTER 2 AND CHAPTER 5.
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WHEREAS, the City of Newark’s Department of Engineering has received comments from the Hudson-Essex-Passaic Soil Conservation District (HEPSCD); and
WHEREAS, (HEPSCD) found that there is language missing from the City of Newark Soil Erosion and Sediment Control Ordinance causing misalignment with the HEPSCD’S conservation requirements; and
WHEREAS, the City of Newark is revising Section 2 of Chapter 28, the Definition Section, of the Ordinance to add the missing language; and
WHEREAS, the City of Newark has determined that it is necessary to adjust the permit fees and add inspection fees for Soil Erosion and Sediment Control Permits City-wide, in order to be in line with the regional government agencies.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL CONCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT
Note: Addition’s are shown in Bold and Underlined. Deletions are shown in Strikeouts.
Section 1.
§28:2-1 DEFINITIONS
PROJECT
Shall mean the disturbance of more than 5,000 square feet of surface area of land (1) for the accommodation of construction for which the City of Newark, subject to the provisions of New Jersey State Uniform Construction Code [Title VII], would require a construction permit, excepting the activities exempted under Section 28:6-2; (2) for the demolition of one or more structures; (3) for the construction of a parking lot; (4) for the construction of a public facility for which the State Uniform Construction Code would require a municipal construction permit; (5) for any of the above conditions which also includes site clearing, grading. Note: the 5,000 square feet disturbance area is also a combined total of any of the following activities: demolition of a structure, excavation, stockpile, earth movement by construction equipment/vehicles, surface disturbance, and utility trenches in the ROW.
Section 2.
§28:5-1 APPLICATION FEES.
a. The applicant shall pay to the City of Newark a fee to cover the cost of the processing applications and enforcing this Title. This fee shall be in accordance with the following fee schedule:
|
Residential (Single Family Detached, Multi Family, Apartment Buildings) |
|
Area of Disturbance |
Application Fee |
Inspection Fee |
|
5,000 to 10,000 square feet |
$500$350 |
$300 |
|
10,001 to 20,000 square feet |
$560 $450 |
$400 |
|
20,001 square feet to 1-acre |
$600 $550 |
$500 |
|
1-5 acres |
$800$650 |
$600 |
|
Over 6 acres |
$1,000$750 |
$700 |
|
Residential (2 or more Single Family or 1 or more Two Family) |
|
Area of Disturbance |
Application Fee |
Inspection Fee |
|
5,000 to 10,000 square feet |
$350 |
$300 |
|
10,001 to 20,000 square feet |
$450 |
$400 |
|
20,001 square feet to 1-acre |
$550 |
$500 |
|
1-5 acres |
$650 |
$700 |
|
Over 6 acres |
$750 |
$900 |
|
Residential (Townhouses, Row Houses, Multi Family Dwellings) |
|
Area of Disturbance |
Application Fee |
Inspection Fee |
|
5,000 to 10,000 square feet |
$300 |
$400 |
|
10,001 to 20,000 square feet |
$400 |
$500 |
|
20,001 square feet to 1-acre |
$500 |
$600 |
|
1-5 acres |
$600 |
$800 |
|
Over 6 acres |
$800 |
$1,000 |
|
Site Plans, Commercial, Industrial, Apt. Buildings, Pipelines, Cemeteries) |
|
Area of Disturbance |
Application Fee |
Inspection Fee |
|
5,000 to 10,000 square feet |
$600 |
$700 |
|
10,001 to 20,000 square feet |
$700 |
$800 |
|
20,001 square feet to 1-acre |
$800 |
$900 |
|
1-5 acres |
$900 |
$1,000 |
|
Over 6 acres |
$1,000 |
$1,200 |
|
Demolition, Land Grading, Land Fills, Roads, All Other |
|
Area of Disturbance |
Application Fee |
Inspection Fee |
|
Over 5,000 square feet 5,000 to 10,000 square feet |
$600 $500 |
$400 |
|
10,001 to 20,000 square feet |
$600 |
$500 |
|
20,001 square feet to 1-acre |
$900 |
$700 |
|
1-5 acres |
$1,100 |
$900 |
|
Over 6 acres |
$1,300 |
$1,200 |
b. When a permit is applied for after a land disturbing activity has commenced or completed and no prior application for a permit has been made, the fee for such permit shall be 1 1/2 times the normal fee or $1,500, whichever is greater. And further provided that the minimum fee for any such application shall be $750.
Section 3. Any Existing Ordinance or part thereof, inconsistent with this Ordinance is hereby repealed to the extent of such inconsistency.
Section 4. If any section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 5.
This Ordinance shall become effective upon its passage and publication pursuant to law.
STATEMENT
This Ordinance amends Title 28, Soil Erosion and Sediment Control, Chapter 2: Definitions Section 1: Definitions to include the applicability of New Jersey State Uniform Construction Code, and Chapter 5: Fees Section 1 Application Fees of the revised general ordinances of the City of Newark, New Jersey, 2000 to adjust Application Fees and include Inspection Fees, as amended and supplemented, by amending Chapter 2 and Chapter 5 of Title 28.