Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Declaring an Area in Need of Redevelopment and Referring Redevelopment Plan to the Planning Board for their consideration
Purpose: Designating Block 1913, Lot 2 as an area in need of redevelopment and referring Block 1913, Lot 2 redevelopment plan to the Central Planning Board for their consideration
List of Property:
(Address/Block/Lot/Ward)
175-199 1ST Street/Block 1913/Lot 2/Central Ward
Additional Information:
Resolution 7R3-F(S) Directed the Central Planning Board to conduct Area in Need of Redevelopment Investigation
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”), authorizes municipalities to determine whether certain land in the municipality constitutes an area in need of redevelopment; and
WHEREAS, pursuant to the Redevelopment Law, to determine whether certain land constitutes an area in need of redevelopment, the Municipal Council (the “Municipal Council”) of the City of Newark (the “City”) must authorize the Central Planning Board to conduct a preliminary investigation of the area and make recommendations to the Municipal Council; and
WHEREAS, through Resolution 7R3-F(S), adopted on June 3, 2015, the City of Newark Municipal Council authorized and directed the Central Planning Board, pursuant to N.J.S.A. 40A:12A-6 of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “LRHL”), to conduct an investigation of the property identified as Block 1913, Lot 2, on the tax map of the City of Newark, State of New Jersey, more commonly known as 175-199 1st Street (the “Study Area”), to determine whether the Study Area meets the criteria set forth in the Redevelopment Law, specifically N.J.S.A. 40A:12A-5, and should be designated as an area in need of redevelopment under the LRHL providing that a redevelopment area determination would authorize the City and Municipal Council 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 Central Planning Board conducted a preliminary investigation of the Study Area to determine whether it should be designated as a Condemnation Redevelopment Area in accordance with the criteria and procedures set forth in N.J.S.A. 40A:12A-5 and 40A:12A-6; and
WHEREAS, pursuant to the requirements of N.J.S.A. 40A:12A-6, the Central Planning Board held public hearings on November 24, 2014 and August 24, 2015, after providing due notice, to determine if the Study Area qualified as a Condemnation Redevelopment Area pursuant to the LRHL; and
WHEREAS, as part of its investigation of the Study Area the planning firm of Phillips, Preiss, Grygiel and Associates submitted to the Central Planning Board a redevelopment study, dated August 2015, entitled “175-199 First Street Area in Need of Redevelopment Study” and also appeared at the Central Planning Board’s November 24, 2014 meeting to present the initial draft of the August 2015 study; and
WHEREAS, upon completion of the meeting on August 24, 2015, the Central Planning Board adopted a resolution concluding that substantial evidence exists under the LRHL that the Study Area is an Area in Need of Redevelopment and recommended to the Municipal Council that the entire Study Area be determined as an Area in Need of Redevelopment, which would authorize the City and Municipal Council to use all those powers provided by the Legislature for use in a redevelopment area, including the power of eminent domain; and
WHEREAS, the Municipal Council has determined that, based upon the recommendations of the Central Planning Board, the Study Area should be designated a Condemnation Redevelopment Area under the Redevelopment Law, such designation authorizing the City and Municipal Council to use all those powers provided by the Redevelopment Law for use in a redevelopment area, including the power of eminent domain; and
WHEREAS, pursuant to N.J.S.A. 40A:12A-4(a)(3) and N.J.S.A. 40A:12A-7, the Municipal Council is empowered to adopt a redevelopment plan pursuant to which redevelopment projects are to be undertaken or carried out within an area in need of redevelopment; and
WHEREAS, pursuant to that power, the Municipal Council caused to be prepared a redevelopment plan for the Property, entitled the “Block 1913, Lot 2 Redevelopment Plan” (the “Redevelopment Plan”), attached hereto as Exhibit A; and
WHEREAS, in accordance with the provisions of N.J.S.A. 40A:12A-7 the Municipal Council wishes to utilize the Central Planning Board's experience and expertise in evaluating the Redevelopment Plan to determine, among other things, its consistency with the City’s Master Plan, land use and redevelopment goals, and objectives for the Property,
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The foregoing recitals are incorporated herein as if set forth in full.
2. The recommendations and conclusions of the Central Planning Board are hereby accepted by the Municipal Council.
3. Based upon the findings and recommendations of the Central Planning Board, the Municipal Council hereby finds that Block 1913, Lot 2, on the tax map of the City of Newark, State of New Jersey, more commonly known as 175-199 1st Street (the “Study Area”) is hereby designated as a Condemnation Redevelopment Area pursuant to the provisions of N.J.S.A. 40A:12A-5 of the LRHL.
4. The Deputy Mayor/Director of the Department of Economic and Housing Development is hereby authorized to file a copy of this Resolution, the August 24, 2015 Resolution of the Planning Board, any exhibits entered into evidence at the Central Planning Board hearings and a copy of the map of the Study Area with the Office of the City Clerk.
5. The City Clerk is hereby directed to transmit a copy of this Resolution to the Commissioner of the New Jersey Department of Community Affairs for review pursuant to N.J.S.A. 40A:12A-6(b)(5).
6. The Department of Economic and Housing Development, Division of Planning is hereby directed to serve, within ten (10) days hereof, a copy of this Resolution upon (i) all record owners of property located within the Condemnation Redevelopment Area, as reflected on the Tax Assessor’s records, and (ii) each person who filed a written objection prior to the hearing held by the Central Planning Board, service to be in the manner provided by N.J.S.A. 40A:12A-6.
7. The Central Planning Board is authorized and directed to review the Redevelopment Plan attached hereto as Exhibit A and to advise the Municipal Council of its findings in connection therewith in accordance with N.J.S.A. 40A:12A-7(e).
8. The City Clerk shall immediately forward a certified copy of this Resolution and the Redevelopment Plan to the Central Planning Board for review.
9. This Resolution shall take effect immediately.
STATEMENT
This resolution designates the property commonly known as 175-199 1ST Street, Block 1913, Lot 2 on the Tax Map of the City of Newark as an “Area in Need of Redevelopment” pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. This resolution further refers the Redevelopment Plan for Block 1913, Lot 2 to the Newark Central Planning Board, to determine if such a Plan is consistent with the City’s Master Plan and for recommendations pursuant to N.J.S.A. 40A:12A-7 and direct the Central Planning Board to transmit its report to the Municipal Council within forty-five (45) days of the referral