Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Referral of Proposed Amendment to Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations) to Central Planning Board
Purpose: Requesting the Newark Central Planning Board to consider an amendment to Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations), pursuant to N.J.S.A. 40:55D-26 in accordance with N.J.S.A. 40:55D-64
Additional Information:
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WHEREAS, on October 4, 2017, the Newark Municipal Council (“Municipal Council”) adopted Ordinance 6PSF-b, amending Title 41 of the Municipal Code of the City of Newark, Zoning and Land Use Regulations, to establish Inclusionary Zoning for Affordable Housing (the “IZO Ordinance”); and
WHEREAS, on July 26, 2022, the Municipal Council adopted Ordinance 6PSF-b(S) amending and supplementing the IZO Ordinance, to amend various sections; and
WHEREAS, on August 2, 2023, the Municipal Council adopted Ordinance 6PSF-g, further amending and supplementing the IZO Ordinance, to ensure a fair and uniform process for the selection of eligible households for affordable housing as required by the IZO Ordinance, with the goal that fifty percent of all available units will be sold or leased to existing income eligible residents of the City; and
WHEREAS, the City wishes to further amend Section 41:21-2, Mandatory Set-Aside, to provide a realistic opportunity for the City to meet or exceed its fair share of the affordable housing need; and
WHEREAS, the Mayor of the City of Newark and Municipal Council are desirous of amending the IZO Ordinance; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-62, may adopt or amend a Zoning Ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and
WHEREAS, pursuant to N.J.S.A. 40:55D-64, prior to the hearing on adoption of a Zoning Ordinance or map, or any amendments thereto, the governing body shall refer any such proposed ordinance or amendment to the Newark Central Planning Board (the “Central Planning Board”), which shall prepare a report including identification of any provisions “which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate, as required by N.J.S.A. 40:55D-26; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-64 wishes to refer the draft Proposed Amendment included in Exhibit A to the Central Planning Board for formal review, report, and recommendation as required by N.J.S.A. 40:55D-26.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Newark Municipal Council (“Municipal Council”) hereby refers the draft Proposed Amendment to Title 41 of the Municipal Code of the City of Newark, Zoning and Land Use Regulations, Chapter 41:21-1-1, Median Income and Chapter 41:21-2, Mandatory Set-Aside, as referenced in Exhibit A, attached hereto and included herein, to the Newark Central Planning Board (“Central Planning Board”) for its review as required by N.J.S.A. 40:55D-64.
2. The Central Planning Board shall submit to the Municipal Council a report within thirty-five (35) days after referral, which includes identification of any provisions in the proposed development regulation, revision or amendment, which are inconsistent with the Master Plan and recommendations concerning any such inconsistencies, as well as any other matters as it deems appropriate in accordance with N.J.S.A. 40:55D-26.
Section 4. A copy of this Resolution and the draft Proposed Amendment shall be filed with the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
STATEMENT
This Resolution hereby declares that the Municipal Council refers a Proposed Amendment to the IZO Ordinance amending Title 41 entitled the “Newark Zoning and Land Use Regulations”, Chapter 41:21-1-1, Median Income and Section 41:21-2, “Mandatory Set-Aside”, to the Newark Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.