File #: 19-0580    Version: 1 Name: Amend Zoning Ordinance to Increase Zoning and Land Use Application Fees
Type: Ordinance Status: Adopted
File created: 3/29/2019 In control: Economic and Housing Development
On agenda: 6/18/2019 Final action: 7/10/2019
Title: AN ORDINANCE AMENDING TITLE XLI, ZONING AND LAND USE REGULATIONS, CHAPTER 15, SITE PLAN PROCEDURES, SECTION 12-2, FEES, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED BY INCREASING THE ZONING AND LAND USE APPLICATION FEES.
Sponsors: Council of the Whole

Title

AN ORDINANCE AMENDING TITLE XLI, ZONING AND LAND USE REGULATIONS, CHAPTER 15, SITE PLAN PROCEDURES, SECTION 12-2, FEES, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED BY INCREASING THE ZONING AND LAND USE APPLICATION FEES.

 

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                     WHEREAS, the Zoning and Land Use Regulations of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented (the “Zoning and Land Use Regulations”) were recently amended to enhance planning, housing and economic development within the City of Newark; and

 

WHEREAS, the Zoning and Land Use Regulations, Title XLI, Chapter 15, Site Plan Procedures, Section 12-2, provides for the assessment of non-refundable application fees for applications to the Newark Central Planning Board, Newark Zoning Board of Adjustment and the Newark Landmarks and Historic Preservation Commission (the “Boards”) for the purposes of offsetting the administrative and clerical costs of running those Boards; and

 

WHEREAS, pursuant to N.J.S.A. 40:55D-8(a) “[e]very municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this act or any applicable ordinance, for the administration of its functions, powers and duties . . .”; and

 

WHEREAS, pursuant to N.J.S.A. 40:55D-8(b) a municipality shall, by ordinance, establish a schedule of reasonable fees to be paid by applicants for the review of an application for development/land use by a municipal agency; and

 

WHEREAS, the Department of Economic and Housing Development has determined that the current schedule of application fees set forth in Zoning and Land Use Regulations, Title XLI, Chapter 15, Site Plan Procedures, Section12-2 does not cover the City’s administrative costs in reviewing the land use applications submitted to the Central Planning Board, the Zoning Board of Adjustment, and the Landmarks and Historic Preservation Commission reviewed and processed by the City’s land use agencies (“Land Use Application Fees”); and

 

WHEREAS, the Department of Economic and Housing Development has determined that an increase in the Land Use Application Fees set forth in Chapter 15 Section 12-2 as permitted by N.J.S.A. 40:55D-8 (a) and (b) would close the current financial gap and would result in a cost savings to the City; and

 

WHEREAS, the Department of Economic and Housing Development proposes an upward adjustment of the Land Use Application Fees set forth in Chapter 15 Section 12-2; and

 

WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-64, sought the recommendations of the Newark Central Planning Board relative to these issues; and

 

WHEREAS, on March 12, 2019, the Municipal Council adopted 7R2-a(S) referring the proposed increase in the Land Use Application Fees set forth in Chapter 15 Section 12-2 to the Central Planning Board for formal review, report and recommendations as required by N.J.S.A. 40:55D-26; and

 

WHEREAS, the Central Planning Board, at its March 18, 2019 regular meeting, reviewed the proposed amendment and adopted a resolution confirming that it is substantially consistent with the statement, goals and objectives of the City’s Master Plan, in accordance with the provisions of N.J.S.A. 40:55D-62.

 

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

 

SECTION 1.   Title XLI, Chapter 15, Section 12-2 (2) entitled, “Schedule of Fees” is hereby replaced in its entirety to reflect the following:

 

41:15-12-2. Fees

 

2. Schedule of Fees

 

a. Application fees:

 

Type of Application

Use Category

Application Fee

Zoning Determination

Residential

$250

 

Mixed Use

$300

 

Commercial

$300

 

Industrial

$350

 

Others not specified

$300

 

Affordable Housing 21% and over

None

 

Public & Municipal Use

None

 

Legal Use Letters

All Categories

$25

Certificate of Non Conformity

All Categories

$300

Extension of CPB or BOA Approval

All Categories

$500

Special Meeting by CPB or BOA

All Categories

$5,000

 

Minor Site Plan

Residential

$750

 

Commercial

$850

 

Industrial

$900

 

Affordable Housing

$400

 

Others not specified

$850

 

 

 

Preliminary Major Site Plan

Residential 3-5 dwelling units

$750

 

Residential 6-10 dwelling units

$850

 

Residential 11-20 dwelling units

$1,150

 

Residential 21-50 dwelling units

$1,250

 

Residential 51-100 dwelling units

$1,750

 

Residential over 100 dwelling units

$3,000

 

Residential over 300 dwelling units

$4,000

*Affordable Housing Units will be excluded from dwelling counts for purpose of determining application fee.

 

Commercial less than 5,000 sq. ft.

$850

 

Commercial 5,000 to 20,000 sq. ft.

$2,000

 

Commercial 20,001 to 100,000 sq. ft.

$3,250

 

Commercial over 100,000 sq. ft.

$5,500

 

Additional: Application subject to EJCIO Basic Form

$500

 

Additional: Application subject to EJCIO Full Form

$1,000

 

Industrial less than 5,000 sq. ft.

$1,000

 

Industrial 5,000 to 20,000 sq. ft.

$2,250

 

Industrial 20,001 to 100,000 sq. ft.

$3,500

 

Industrial over 100,000 sq. ft.

$6,500

 

Additional: Application subject to EJCIO Basic Form

$1,500

 

Additional: Application subject to EJCIO Full Form

$3,000

 

Final Major Site Plan

Residential 3-5 dwelling units

$375

 

Residential 6-10 dwelling units

$500

 

Residential 11-20 dwelling units

$525

 

Residential 21-50 dwelling units

$550

 

Residential 51-100 dwelling units

$1,000

 

Residential 101-300 dwelling units

$1,500

 

Residential over 300 dwelling units

$2,000

*Affordable Housing Units will be excluded from dwelling counts for purpose of determining application fee.

 

Commercial less than 5,000 sq. ft.

$500

 

Commercial 5,000 to 20,000 sq. ft.

$1,000

 

Commercial 20,001 to 100,00 sq. ft.

$1,625

 

Commercial over 100,000 sq. ft.

$3,000

 

Additional: Application subject to EJCIO Basic Form

$250

 

Additional: Application subject to EJCIO Full Form

$500

 

Industrial less than 5,000 sq. ft.

$625

 

Industrial 5,000 to 20,000 sq. ft.

$1,250

 

Industrial 20,001 to 100,000 sq. ft.

$1,875

 

Industrial over 100,000 sq. ft.

$3,500

 

Additional: Application subject to EJCIO Basic Form

$750

 

Additional: Application subject to EJCIO Full Form

$1,500

 

Subdivision

Minor Subdivision: 2 acres or less

$1,100

 

Minor Subdivision: Over 2 acres

$2,000

 

Preliminary Major Subdivision

$2,500

 

Final Major Subdivision

$1,300

 

Conditional Use

All categories except cell antenna

$750

 

Cell Antenna

$3,000

 

Use Categories

“C” Variance

“D” Variance

Residential

3-5 dwelling units

$300

$2,000

6-10 dwelling units

$500

$2,150

11-20 dwelling units

$500

$2,500

21-50 dwelling units

$750

$2,750

51-100 dwelling units

$1,000

$3,000

Over 100 dwelling units

$1,250

$3,250

Over 300 dwelling units

$1,500

$3,500

Commercial

Less than 5,000 sq. ft.

$500

$2,250

5,001 to 20,000 sq. ft.

$750

$2,500

20,001 to 100,000 sq. ft.

$1,000

$2,750

Over 100,000 sq. ft.

$1,250

$3,000

Additional: Application subject to EJCIO Basic Form

$350 per each “C” variance, $500 per each “D” variance (New)

Additional: Application subject to EJCIO Full Form

$500 per each “C” variance, $500 per each “D” variance

*Variance fee will apply to commercial portion of mixed use projects

 

Industrial

Less than 5,000 sq. ft.

$750

$2,500

50,001 to 20,000 sq. ft.

$1,000

$2,750

20,001 to 100,000 sq. ft.

$1,250

$3,000

Over 100,000 sq. ft.

$1,500

$3,500

Additional: Application subject to EJCIO Basic Form

$500 per each “C” variance, $750 per each “D” variance (New)

Additional: Application subject to EJCIO Full Form

$750 per each “C” variance, $1,000 per each “D” variance

 

Cell Antenna

$2,000

$4,000

 

Landmark & Historic Commission Fee Schedule

Application Type

Application Fee (Non Refundable)

Certificate of No Effect

Non-Residential

$50

Residential

$40

Sign/Awning Application

$100

Façade and/or Store Front Application

$150

Sidewalk Repair or Replacement Application

$50

Demolition Application (when not filed concurrently with other work)

$500

 

Certificate of Appropriateness (COA)

Residential

 

New construction on vacant land

$500.00

All others:

 

- 1 to 4 dwelling units

$100

- 5 dwelling units and over

$25 per dwelling unit up to a maximum of $1,000

Non-Residential

 

- With principal building

$100 per 1,000 sq. ft. of GFA or part thereof

- Without principal building

$100 per 1,000 sq. ft. of lot area or part thereof

Extension of COA approval

$200

Special Meeting requested by applicant

$500

 

*Note: Fees for mixed-use projects will be determined based upon the number of dwelling units and square footage of non-residential area.

 

b. Certified list of names and addresses of owners of property located within two hundred (200) feet of property which is the subject of a hearing: $30.00.

 

c. Certificate certifying approval of a subdivision application: $20.00.

 

SECTION 2:

 

Any prior ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only, however, to the extent of such conflict or inconsistency.

 

SECTION 3:

 

If any part of this Ordinance is declared unconstitutional or illegal, the remaining provisions shall continue in full force and effect.

 

SECTION 4:

 

This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

STATEMENT

 

This Ordinance amends Title XLI, Zoning and Land Use Regulations, Chapter 15, Site Plan Procedures, Section 12-2, Fees, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented by increasing the Zoning and Land Use Application Fees.