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AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 18, HOUSING CODE, CHAPTER 5, SECURITY, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO ADD A PROVISION ESTABLISHING ALTERNATIVE SECURITY COMPLIANCE FOR CERTAIN REDEVELOPMENT PROJECTS.
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WHEREAS, the City of Newark requires certain residential properties to provide security in order to protect the safety of residents; and
WHEREAS, the City remains committed to maintaining safe and habitable housing conditions and does not intend to reduce resident safety; and
WHEREAS, the City also seeks to increase affordable housing and address neighborhood conditions, including underutilized retail space; and
WHEREAS, pursuant to State law, certain redevelopment projects are required to enter into Community Benefits Agreements that provide measurable benefits to the surrounding community; and
WHEREAS, the City finds that, in limited circumstances, security requirements may be satisfied through alternative measures where a project provides additional, measurable community benefits that address neighborhood conditions and maintain equivalent or enhanced safety; and
WHEREAS, the City intends to establish a clear and consistent process to evaluate such requests so that all applicants are treated fairly and decisions are based on objective criteria.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
Section 1.
Title 18, Housing Code, Chapter 5, Security, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended to add a new subsection as follows:
18:5-1.1(e) - Alternative Security Compliance
1. Authorization.
Notwithstanding any provision of this Code, the Business Administrator may approve an alternative method of compliance with the security requirements for qualifying redevelopment projects that meet the criteria set forth herein.
Any such modification shall be granted only in connection with a Community Benefits Agreement approved by the Municipal Council.
2. Eligibility.
A property owner or developer shall be eligible for consideration only where:
(i) The project is subject to a Community Benefits Agreement required pursuant to State law; and
(ii) The Community Benefits Agreement includes quantifiable and material benefits that exceed baseline obligations required under State law, including identifiable financial contributions, additional affordable housing, or other measurable investments; and
(iii) Such benefits address documented neighborhood conditions, including but not limited to underutilized retail space, housing needs, or economic stabilization; and
(iv) The developer demonstrates, through competent financial documentation, that strict compliance with the security requirements would materially impact the feasibility of the project or the delivery of such community benefits; and
(v) The proposed alternative security plan provides equivalent or enhanced protection for residents and the surrounding community.
3. Determination.
The Business Administrator shall make a determination based on the criteria set forth herein and shall document the basis for approval. The Business Administrator shall consider input from the Director of Public Safety in evaluating whether the proposed alternative security plan provides equivalent or enhanced protection and input from the Director of Economic and Housing Development concerning the Community Benefits Agreement and the qualifying community benefit considerations set forth herein.
4. Limitations.
(i) Nothing herein shall be construed to permit a reduction in resident safety.
(ii) No alternative compliance shall eliminate security requirements in their entirety.
(iii) Any approval shall be project-specific and shall not constitute a general waiver of this section.
(iv) The provisions of this subsection shall be applied uniformly to all applicants meeting the criteria set forth herein.
Section 2.
Any ordinance or parts of any ordinance inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 3.
If any Section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific Section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 4.
This Ordinance shall become effective upon its passage and publication pursuant to law.
STATEMENT
This Ordinance amends Title 18, Housing Code, Chapter 5, Security, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, to establish a process for alternative compliance with security requirements for certain redevelopment projects that provide additional community benefits while maintaining resident safety.