Title
Dept./ Agency: Economic and Housing Development
Action: (X) Ratifying (X) Authorizing (X) Amending
Type of Service: Amending Resolution 7R2-a adopted on August 2, 2017
Purpose: To amend Resolution 7R2-a adopted on August 2, 2017 to identify the correct Block and Lot (Block 167, Lot 10.02 and Block 166, Lot 1.03) for property known as “Mulberry Commons” as potential replacement land for Green Acres Diversions as required by N.J.A.C. 7:36-26.1.
List of Property: (Address/Block/Lot/Ward)
160-172 Mulberry Street/Block 166/Lot 1.03/East Ward
8-12 Columbia Street/Block 167/Lot 10.02/East Ward
Additional Information:
Resolution 7R2-a adopted on August 2, 2017, designated the property known as “Mulberry Commons” as eligible replacement land for the future diversions and/or disposal of Green Acres encumbered land situated in the City of Newark and did so prior to proceeding with designating and/or developing Mulberry Commons as a park.
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WHEREAS, the Legislature of the State of New Jersey enacted the Green Acres Act, N.J.S.A. 13:8A-1 et seq., to expand and preserve recreation and conservation areas within the State in order to protect such land for the use of existing, as well as future generations; and
WHEREAS, the Green Acres Act and its implementing regulations, N.J.A.C. 7:36-1 et seq. (the "Green Acres Rules"), authorize the Green Acres Program to provide low interest loans and grants (the "Green Acres Funds") to local government units such as municipal and county governments to assist them in purchasing or preserving lands to be dedicated as parklands; and
WHEREAS, the Legislature established the Office of Green Acres within the Department of Environmental Protection (the "NJDEP") in order to carry out the goals and objectives of the Green Acres Program; and
WHEREAS, a local government unit that receives Green Acres funds has an affirmative obligation to ensure that its Recreation and Open Space inventory (the “ROSI”) accurately reflects those lands held for recreation and conservation purposes; and
WHEREAS, the Green Acres regulations prohibit a local governmental unit from either disposing of, or diverting to a use other than for recreation and conservation purposes, those properties on its ROSI without first obtaining approval from the NJDEP Commissioner and the State House Commission, pursuant to the procedures outlined at N.J.A.C. 7:36-26.1 et seq.; and
WHEREAS, as a condition of the disposal or diversion of Green Acres encumbered land, a local government unit must compensate for the loss of that land with eligible replacement land and/or monetary compensation at ratios set forth in the Green Acres Rules; and
WHEREAS, on August 2, 2017, the Municipal Council adopted Resolution 7R2-a to designate the property known as “Mulberry Commons” as eligible replacement land for the future diversions and/or disposal of Green Acres encumbered land situated in the City of Newark and did so prior to proceeding with designating and/or developing Mulberry Commons as a park; and
WHEREAS, Resolution 7R2-a inadvertently and erroneously identified the Mulberry Commons property as the lots shown on the Official Tax Map of the City of Newark, as Block 159, Lot 10.03 and Block 159.01, Lot 11; and
WHEREAS, at the time of the adoption of Resolution 7R2-a, Block 159, Lot 10.03 and Block 159.01, Lot 11 were privately owned and remain privately owned; and
WHEREAS, the actual property designation for Mulberry Commons at the time of the adoption of Resolution 7R2-a was Block 167, Lot 10.02 and Block 166, Lot 1.03 (the “Property”), which remains the current designation to this day; and
WHEREAS, Resolution 7R2-a correctly indicated that the City acquired the Property on July 7, 2016 from the Newark Housing Authority for a nominal consideration of Ten Dollars and Zero Cents ($10.00); and
WHEREAS, since the adoption of Resolution 7R2-a, the City has remained the owner of the Property; and
WHEREAS, Resolution 7R2-a further correctly indicated that permitted uses for the Property are governed by the Downtown Core Redevelopment Plan, as amended, and include licensed casino or other gaming activities, office buildings, retail, parking lots or structures, hotels, multi-family residential buildings, and parks and public plazas; and
WHEREAS, Resolution 7R2-a further correctly indicated that the Property was not purchased by the City with Green Acres funds or any other funding method dedicated to recreation and conservation purposes; and
WHEREAS, Resolution 7R2-a further correctly indicated that prior to development as a park to be used as replacement land for Green Acres diversions and/or disposals the Property was used as a surface parking lot; and
WHEREAS, Resolution 7R2-a further correctly indicated that the City intended that any future use of the land as parkland and any potential encumbrance by Green Acres restrictions resulting therefrom would not affect the eligibility of the land as replacement land under the Green Acres Rules;
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Resolution 7R2-a adopted on August 2, 2017 is hereby corrected, supplemented and ratified to identify Block 167, Lot 10.02 and Block 166, Lot 1.03, and not Block 159, Lot 10.03 and Block 159.01, Lot 11, as the proper designation for the property known as Mulberry Commons, which property was identified and designated by Resolution 7R2-a to serve as replacement compensation lands for the potential diversion and/or disposal of any Green Acres Land situated in the City of Newark, including, but not limited to, such Green Acres Land that will be diverted and/or disposed that relate in any way to the acquisition of parcels necessary for the Riverfront Park Project.
2. This Resolution corrects, supplements and ratifies Resolution 7R2-a adopted on August 2, 2017, only to the extent necessary to identify the proper block and lot designation for Mulberry Commons and in all other respects Resolution 7R2-a shall remain in full force and effect.
3. A copy of this Resolution shall be provided to the New Jersey Department of Environmental Protection's Office of Green Acres and shall be filed with the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
4. This Resolution shall take effect immediately.
STATEMENT
This Resolution corrects, supplements and ratifies Resolution 7R2-a adopted on August 2, 2017 to identify Block 167, Lot 10.02 and Block 166, Lot 1.03, and not Block 159, Lot 10.03 and Block 159.01, Lot 11, as the proper designation for the property known as Mulberry Commons, which property was identified and designated by Resolution 7R2-a to serve as replacement compensation lands for the potential diversion and/or disposal of any Green Acres Land situated in the City of Newark, including, but not limited to, such Green Acres Land that will be diverted and/or disposed that relate in any way to the acquisition of parcels necessary for the Riverfront Park Project.