Title
Dept./ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Investigation for Area in Need of Redevelopment
Purpose: To authorize the Central Planning Board to undertake a preliminary investigation to determine if the area is in need of redevelopment.
List of Property:
(Address/Block/Lot/Ward)
302 Garside Street/Block 559; Lot 10.02/North Ward
300 Garside Street/Block 559/Lot 10.03/North Ward
Additional Information:
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WHEREAS, the Department of Economic and Housing Development has requested that the properties identified on the Official Tax Map of the City of Newark, as 302 Garside Street (Block 559, Lot 10.02) and 300 Garside Street (Block 559, Lot 10.03) considered the “Study Area” in the North Ward, be investigated by the Newark Central Planning Board (the “Central Planning Board”) to determine if the Study Area is an “area in need of redevelopment” under the Local Redevelopment and Housing Law (the “LRHL”), under N.J.S.A. 40A:12A-1 et seq.; and
WHEREAS, the LRHL authorizes the Governing Body, by Resolution, to authorize a Central Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether an area (or any portion thereof) is an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 of the LRHL; and
WHEREAS, the New Jersey Legislature adopted, and the Governor signed P.L. 2013, Chapter 159, which amended the Redevelopment Law, including the procedural requirements of N.J.S.A. 40A:12A-6; and
WHEREAS, pursuant to P.L. 2013, Chapter 159, “the resolution authorizing the Central Planning Board to undertake a preliminary investigation shall state whether the redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area other than the use of eminent domain (hereinafter referred to as a “Non-Condemnation Redevelopment Area”) or whether the redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, including the power of eminent domain (hereinafter referred to as a “Condemnation Redevelopment Area”); and
WHEREAS, the Municipal Council finds it is in the best interest of the City and its residents to authorize the Central Planning Board to undertake such Investigation of the Study Area as a Non-Condemnation Redevelopment Area; and
WHEREAS, the Municipal Council wishes to direct the Central Planning Board to conduct the Investigation of the Study Area as authorized under the LRHL.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Newark Central Planning Board is hereby authorized and directed to conduct a preliminary investigation to determine whether 302 Garside Street (Block 559, Lot 10.02) and 300 Garside Street (Block 559, Lot 10.03) in the North Ward are an “area in need of redevelopment” as defined under the Local Redevelopment and Housing Law (“LRHL”), N.J.S.A. 40A:12A-1, et seq., to issue all notices, and to conduct all public hearings required under the LRHL, to effectuate this preliminary investigation, and to thereafter provide its recommendations to the Municipal Council.
2. The redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area other than the use of eminent domain (i.e. a “Non-Condemnation Redevelopment Area”).
3. The City Clerk is hereby directed to transmit a copy of this Resolution to the Secretary of the Central Planning Board.
STATEMENT
This Resolution authorizes the Newark Central Planning Board to conduct a preliminary investigation as to whether 302 Garside Street (Block 559, Lot 10.02) and 300 Garside Street (Block 559, Lot 10.03) in the North Ward are an “area in need of redevelopment” as defined under the Local Redevelopment and Housing Law (the “LRHL”), under N.J.S.A. 40A:12A-1 et seq.