Title
AN ORDINANCE AMENDING TITLE 41, ZONING AND LAND USE REGULATIONS, CHAPTER 20, ENVIRONMENTAL JUSTICE AND CUMULATIVE IMPACTS OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO PROHIBIT ANY NEW OR EXPANDED FOSSIL FUEL FACILITY, INCLUDING FOSSIL FUEL POWER GENERATION
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WHEREAS, New Jersey has repeatedly stated its goal of achieving greenhouse gas emissions reductions via:
l Executive Order 315 setting a goal for New Jersey 100% clean energy by 2035;
l Executive Order No. 274 directing the State to reduce greenhouse gas emissions to 50% below 2006 levels by 2030;
l New Jersey’s Global Warming Response Act requiring state greenhouse gas emissions drop to 80% below 2006 levels by 2025;
l the State’s 2019 Energy Master Plan reinforcing the goal of carbon-neutrality by 2050; and
WHEREAS, on September 18, 2020, New Jersey passed the Environmental Justice Law, N.J.S.A. 13:1D-157 et seq., to address historic environmental injustices perpetrated against New Jersey’s low-income communities and communities of color by the State of New Jersey; and
WHEREAS, in July 2016, the City of Newark passed the Environmental Justice and Cumulative Impact ordinance, then in May 2021, the Newark Environmental Commission approved the City’s first Environmental Resource Inventory in recognition of the need for environmental justice and to advance clean air measures; and
WHEREAS, the Port Authority of New York and New Jersey’s Net Zero Roadmap outlines the Port’s goal of achieving a zero emissions operation by 2025, and through collaboration with the City of Newark and environmental justice stakeholders to reduce port pollution, the Port Authority was awarded $451 million under EPA Clean Ports Program (December 2024) to install zero-emission equipment and infrastructure at Port Newark, demonstrating a shared commitment to a cleaner and more sustainable port; and
WHEREAS, despite the afore mentioned goals and policy measures, Newark’s port-adjacent communities - including the Ironbound and South Ward neighborhoods, which are predominantly low-income communities of color - continue to be burdened with a high concentration of polluting fossil fuel facilities and some of the nation’s worst air quality, reflected in childhood asthma rates of about one in four (approximately three times the U.S. average) and higher rates of cardiovascular illness; and
WHEREAS, communities located in or adjacent to Newark’s industrial zones, like Ironbound and South Ward, continue to face new threats of fossil fuel facility being developed in their neighborhoods; and
WHEREAS, to protect the health of historically overburdened communities and support the achievement of New Jersey’s climate and environmental goals, the City of Newark and the Port of Newark must endeavor to phase out fossil fuel facilities and prevent new or expanded facilities; and
WHEREAS, moving away from fossil fuels and toward a clean energy transition presents a major opportunity for Newark to create green jobs and modernize its economy while protecting residents’ health; and
WHEREAS, State law and regulation on environmental pollution currently focuses primarily on individual rather than cumulative impacts from proposed projects when assessing eligibility for permits related to the environment, limiting the ability of State agencies to provide protection from the cumulative impacts of pollution on human health.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 2. Amend Title 41, Zoning and Land Use Regulations of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, shall include the following:
Definitions
Manufacturing, Heavy shall mean the manufacture or compounding process of raw materials. These activities or processes may necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. In this situation, the handling of such materials must be in controlled environment and have certification from the New Jersey Department of Environmental Protection (NJDEP). Typical heavy manufacturing uses include but are not limited to: concrete batch plants, concrete, tile or brick manufacturing, automobile, truck and tire assembly, ammonia or chlorine manufacturing, metal casting or foundries, gas manufacturing, dye stuffs, grain milling or processing, metal or metal ore production, refining, smelting, or alloying, boat, pool and spa manufacturing, slaughtering of animals, glass manufacturing, paper manufacturing, and wood or lumber processing. The assembly, fabrication or processing of goods and materials uses processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare or health and safety. The following processes are not permitted under Heavy Manufacturing: Vitrification, Plasma Gasification, Pyrolysis, Cement Kilns, Automobile Shredder Residue (ASR), Medical Waste Autoclaving and Shredding, Animal Rendering, Electronic De-Manufacturing, Computer & Circuit Board Recycling, Thermal Depolymerization, Sludge Processing and Incineration, Sewage Disposal, Sediment Treatment Plants (i.e. Thermal/Chemical Processing, Cement Lock Technology, Sediment Washing, Biogenesis, Sediment Dewatering, Tire Derived Fuel Plants, Biomass Incineration, Chrome Plating and Metals Plating Facilities, Hazardous or Medical Waste Processing (autoclaving, crushing, preparing, or treating), Outdoor Scrap Metal Yards (shredding, processing, sorting), Oil and Gas Refineries, [Petroleum Refineries, All Other Petroleum and Coal Products Manufacturing, Refined Petroleum Pipelines, Petroleum Bulk Stations and Terminals, Petroleum and Petroleum Products Wholesalers, Fuel Oil Dealers and Fuel Dealers, Natural Gas Pipeline, Distribution, and Transmission, Oil and Gas Pipeline and Related Structures,] and [Fossil Fuel Power Generation Facilities or] Power Plants using [fossil fuels] waste or waste byproducts including tires, sludge, cement, and biofuels.
Power Generation Facilities, [Fossil Fuel] shall mean a facility which converts fossil fuels into electrical energy or steam.
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Table 4-3: Industrial, Airport, and Port Area Districts |
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P = Permitted - = Not Permitted C = Conditionally Permitted |
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Any use not listed below is also prohibited, unless the Zoning Officer determines it is sufficiently similar to a listed use to be permitted. Multiple principal uses shall be permitted within a mixed-use building or buildings where permitted. |
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I-1 |
I-2 |
I-3 |
EWR |
EWR-S |
PORT |
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Principal Uses |
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Petroleum Refineries, All Other Petroleum and Coal Products Manufacturing, Refined Petroleum Pipelines |
- |
- |
- |
- |
- |
- |
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Petroleum Bulk Stations and Terminals |
- |
- |
- |
- |
- |
- |
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Petroleum and Petroleum Products Wholesalers |
- |
- |
- |
- |
- |
- |
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Fuel Oil Dealers, Fuel Dealers |
- |
- |
- |
- |
- |
- |
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Natural Gas Pipeline, Distribution, and Transmission |
- |
- |
- |
- |
- |
- |
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Oil and Gas Pipeline and Related Structures |
- |
- |
- |
- |
- |
- |
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Fossil Fuel Power Generation Facilities |
- |
- |
- |
- |
- |
- |
.
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Table 4-4: Other Districts |
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P = Permitted - = Not Permitted C = Conditionally Permitted |
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Any use not listed below is also prohibited, unless the Zoning Officer determines it is sufficiently similar to a listed use to be permitted. Multiple principal uses shall be permitted within a mixed-use building or buildings where permitted. |
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Principal Uses |
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Petroleum Refineries, All Other Petroleum and Coal Products Manufacturing, Refined Petroleum Pipelines |
- |
- |
- |
- |
- |
- |
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Petroleum Bulk Stations and Terminals |
- |
- |
- |
- |
- |
- |
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Petroleum and Petroleum Products Wholesalers |
- |
- |
- |
- |
- |
- |
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Fuel Oil Dealers, Fuel Dealers |
- |
- |
- |
- |
- |
- |
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Natural Gas Pipeline, Distribution, and Transmission |
- |
- |
- |
- |
- |
- |
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Oil and Gas Pipeline and Related Structures |
- |
- |
- |
- |
- |
- |
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Fossil Fuel Power Generation Facilities |
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- |
- |
- |
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[41:23]. Prohibition of Fossil Fuel Facilities, including Fossil Fuel Power Generation
a. No department, board, agency, or official of the City shall issue, approve, or renew any business license, operating permit, site plan approval, building permit, variance, or other land use or development approval that would enable the development of siting of new fossil fuel facilities, including fossil fuel power generation, or the expansion of extended operation of such existing facilities, within the City’s jurisdiction. This prohibition applies to all applications or requests, whether for new construction, facility expansion, increase in storage capacity, extension of operational duration, or reactivation of an inactive facility, and includes the renewal of any expired or terminating approvals for such Facilities. All City agencies are directed to deny of dismiss any such applications as inconsistent with the zoning and land use laws of Newark.
Section 5. Severability
If any portion, clause, or section of subsection of this ordinance is determined by a court of competent jurisdiction to be unlawful, ultra vires or unenforceable, it is the intention of the City of Newark that the remaining portions shall continue in full force and effect and be severed from the portion struck down by the court.
Section 6. Effective Date
This Ordinance shall take effect upon final passage and publication as provided by law
STATEMENT
Ordinance amending Title 41, Zoning and Land Use Regulations of the Revised General Ordinances to provide additional information to prohibit any new or expanded Fossil Fuel Facilities, including Fossil Fuel Power Generation.