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AN ORDINANCE ADOPTING THE SEVENTH AMENDMENT TO THE NEWARK’S RIVER: PUBLIC ACCESS AND REDEVELOPMENT PLAN.
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WHEREAS, on June 15, 2005, the Newark Municipal Council (the “Council”) adopted Resolution 7Rdo(AS), in order to stimulate the reinvigoration of the City of Newark (the “City”), and designated the entire City as an area in need of rehabilitation, pursuant to the Local Redevelopment and Housing Law, N.J.S.A.40A:12A-1 et seq., (the “Act”); and
WHEREAS, on August 7, 2013, the Council adopted Ordinance 6PSF-i adopting the Newark’s River: Public Access and Redevelopment Plan (the “Original Plan”); and
WHEREAS, on October 11, 2017, the Council adopted Ordinance 6PSF-a(S) adopting the First Amendment to Newark’s River: Public Access and Redevelopment Plan (“First Amended Plan”); and
WHEREAS, on February 27, 2018, the Council adopted Ordinance 6PSF-a(S) adopting the Second Amendment to Newark’s River: Public Access and Redevelopment Plan (“Second Amended Plan”); and
WHEREAS, on April 3, 2019, the Council adopted Ordinance 6PSF-a adopting the Third Amendment to Newark’s River: Public Access and Redevelopment Plan (“Third Amended Plan”); and
WHEREAS, on April 7, 2021, the Council adopted Ordinance 6PSF-b adopting the Fourth Amendment to Newark’s River: Public Access and Redevelopment Plan (“Fourth Amended Plan”); and
WHEREAS, on November 4, 2021, the Council adopted Ordinance 6PSF-b adopting the Fifth Amendment to Newark’s River: Public Access and Redevelopment Plan (“Fifth Amended Plan”); and
WHEREAS, on September 5, 2024, the Council adopted Ordinance 6PSF-d adopting the Sixth Amendment to Newark’s River: Public Access and Redevelopment Plan (“Sixth Amended Plan”); and
WHEREAS, pursuant to Resolution 7R2-h, adopted on October 2, 2024, the Council referred a proposed Seventh Amendment to the Newark’s River: Public Access Redevelopment Plan, to the Central Planning Board, to determine if such Amendment is consistent with the City’s Master Plan and transmit its recommendations regarding consistency with the City’s Master Plan and other matters pursuant to N.J.S.A. 40A:12A-7; and
WHEREAS, the proposed Seventh Amendment includes the following amendments:
1) Parking garages / structured parking shall be permitted at grade level along all streets in the Ballantine Brewery Mixed Use District (BMU) without the requirement that 75% of the ground floor linear frontage to be dedicated to retail uses. Section 8-B of the Redevelopment Plan is amended as followed with added text in bold underline and deleted text in bold strikethrough:
8-B. Parking Placement
(g) For all parking garages / structured parking, 75% of ground floor linear frontage shall be dedicated to retail. In the Ballantine Brewery Mixed Use (BMU) District, this standard shall not apply only apply to garages with frontage on Ferry Street. A garage with frontage on any other street shall be exempt from the ground floor retail requirement.
2) Within the Ballantine Brewery Mixed Use District (BMU) active street-fronts per Section 8-P shall not be required along Ferry Street where parking garages / structured parking that is integrated into a commercial, residential, or mixed-use development is proposed, provided that a minimum sidewalk width of 12 feet is provided and parking garage design elements as described in Section 8-D are used.
WHEREAS, the Central Planning Board conducted a public hearing on October 21, 2024, and adopted a Memorialization Resolution, affirming that the proposed Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan is consistent with the City’s Master Plan and recommending that the Council adopt the proposed Seventh Amendment as drafted for the purposes as set forth in Exhibit A attached hereto and made a part of this Ordinance; and
WHEREAS, the Municipal Council has determined that it is in the best interest of the public to adopt the Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan in the form recommended by the Central Planning Board as attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. The foregoing recitals are incorporated herein as if set for in full.
SECTION 2. Upon the recommendation of the Newark Central Planning Board, the Newark Municipal Council hereby adopts the Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan, in the form attached hereto as Exhibit A and made a part of this Ordinance, in accordance with the recommendation of the Central Planning Board’s Memorialization Resolution adopted on October 21, 2024.
SECTION 3. The Municipal Council hereby adopts the Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan in the form attached hereto. This Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan, along with the initial Newark Plaza Urban Renewal Plan, the initial Newark’s River: Public Access and Redevelopment Plan, the First Amendment to the Newark’s River: Public Access and Redevelopment Plan, the Second Amendment to the Newark’s River: Public Access and Redevelopment Plan, the Third Amendment to the Newark’s River: Public Access and Redevelopment Plan, the Fourth Amendment to the Newark’s River: Public Access and Redevelopment Plan, the Fifth Amendment to the Newark’s River: Public Access and Redevelopment Plan, and the Sixth Amendment to the Newark’s River: Public Access and Redevelopment Plan shall be included in the zoning standards and development regulations for the newly established designated redevelopment plan area included therein.
SECTION 4. To the extent that any previous Ordinance is inconsistent with or contradictory hereto, said Ordinance is hereby amended to the extent necessary to make it consistent herewith.
SECTION 5. The provisions of this Ordinance are severable to the extent any clause, phrase, sentence, paragraph or provision of this Ordinance shall be declared by a court of competent jurisdiction to be invalid, illegal or unconstitutional, the remaining provisions shall continue in full force and effect.
SECTION 6. The Deputy Mayor/Director of the Department of Economic Housing Development is hereby directed to file a copy of this Ordinance and the Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan with the Office of the City Clerk.
SECTION 7. This Ordinance shall take effect in accordance with the laws of the State of New Jersey after final passage and publication.
STATEMENT
This is Ordinance adopts the Seventh Amendment to the Newark’s River: Public Access and Redevelopment Plan as set forth in Exhibit A attached hereto and made a part of this Ordinance.