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AN ORDINANCE AMENDING ORDINANCE 6PSF-i, ADOPTED ON AUGUST 7, 2013, TO ADOPT THE FIFTH AMENDMENT TO NEWARK'S RIVER PUBLIC ACCESS AND REDEVELOPMENT PLAN, BY AUTHORIZING THE INTERIM USES APPLICABLE TO THE FOLLOWING PROPERTIES INCLUDING BLOCK 169.01, LOTS 60 AND 70 (INCLUDING ANY PORTION OF THE COMMERCIAL STREET RIGHT OF WAY THAT IS VACATED BY THE CITY OF NEWARK AND ACQUIRED BY THE OWNER OF LOTS 60 AND 70); BLOCK 177, LOT 7; BLOCK 179 LOTS 10, 13, 17, 22, 26, 28, 30, 42, 45, 47, AND 48 (INCLUDING THE ENTIRETY OF THE COMMERCE STREET RIGHT OF WAY, UPON VACATION BY THE CITY OF NEWARK AND ACQUISITION THEREOF BY THE OWNER OF LOTS 42, 45, 47, AND 48); AN AREA BOUNDED BY COMMERCIAL STREET, RAYMOND BOULEVARD, RAYMOND PLAZA EAST AND MARKET STREET (EAST WARD). ALL OTHER PERMITTED USES, HEIGHT REQUIREMENTS, AND BULK REQUIREMENTS OF NEWARK’S RIVER PLAN SHALL ALSO APPLY TO THE FOREGOING PROPERTIES.
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WHEREAS, on June 15, 2005, through Resolution 7Rdo(AS), the City of Newark (the "City") utilized the powers of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., to designate the entire City as an area in need of rehabilitation; and
WHEREAS, on August 7, 2013, the Municipal Council adopted Ordinance 6PSF-i approving the Newark's River: Public Access and Redevelopment Plan (the "Original Plan"); and
WHEREAS, on October 11, 2017, the Municipal Council adopted Ordinance 6PSF-a(S) approving the First Amendment to the Newark’s River: Public Access and Redevelopment Plan (the “First Amendment”), which amended the Original Plan; and
WHEREAS, on February 27, 2018, the Municipal Council adopted Ordinance 6PSF-a(S) approving the Second Amendment to the Newark’s River: Public Access and Redevelopment Plan, which further amended the Original Plan; and
WHEREAS, on April 3, 2019, the Municipal Council adopted Ordinance 6PSF-a approving the Third Amendment to Newark’s River: Public Access and Redevelopment Plan (the “Third Amendment”), which further amended the Original Plan; and
WHEREAS, on April 7, 2021, the Municipal Council adopted Ordinance 6PSF-b approving the Fourth Amendment to Newark’s River: Public Access and Redevelopment Plan (the “Fourth Amendment”), which further amended the Original Plan; and
WHEREAS, it has been determined that further amendments to the Original Plan, as modified by the First, Second, Third and Fourth Amendments, relating to Block 169.01, Lots 60 and 70; Block 177, Lot 7 and Block 179, Lots 10, 13, 17, 22, 26, 28, 30, 42, 45, 47, and 48 are required to complete the necessary demolition of existing structures and carry out the interim uses of the forgoing properties; and
WHEREAS, pursuant to Resolution 7R2-n (S), adopted on August 19, 2021, the Municipal Council referred a proposed Fifth Amendment to the Newark’s River: Public Access and Redevelopment Plan to the Newark Central Planning Board (the “Central Planning Board”), to prepare a report to determine if such an amendment is consistent with the City’s Master Plan, and for recommendations pursuant to N.J.S.A. 40A:12A-7, et seq.; and
WHEREAS, pursuant to N.J.S.A. 40A:12A-7(f), “the Governing Body, when considering the proposed plan, may amend or revise any portion, if the proposed redevelopment plan by an affirmative vote of the majority of its full authorized membership and shall record in its minutes the reasons for each amendment or revision”; and
WHEREAS, on September 13, 2021, a Public Hearing was conducted before the Central Planning Board to report to the Municipal Council pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and
WHEREAS, the Central Planning Board considered the following properties:
|
Block |
Lot(s) |
|
169.01 |
60, 70 |
|
177 |
7 |
|
179 |
10, 13, 17, 22, 26, 28, 30, 42, 45, 47, 48 |
WHEREAS, based on the testimony presented at the Central Planning Board hearing, the Central Planning Board found the proposed Fifth Amendment to The Newark’s River: Public Access and Redevelopment Plan to be consistent with the Master Plan and recommends that the Municipal Council adopt the proposed amendment; and
WHEREAS, it has been determined by the Central Planning Board and the Department of Economic and Housing Development, that the Redevelopment Area and the economic vitality of the City will be enhanced by this proposed amendment to The Newark’s River: Public Access and Redevelopment Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Fifth Amendment to the Newark's River: Public Access and Redevelopment Plan in the form attached hereto as "Exhibit A: Fifth Amendment to The Newark's River: Public Access and Redevelopment Plan" and made a part of this Ordinance, is hereby adopted in accordance with the recommendations of the Central Planning Board's resolution adopted on September 13, 2021.
2. To the extent that any previous Ordinance is inconsistent with or contradictory hereto, said Ordinance is hereby amended to the extent necessary to make it consistent herewith.
3. The provisions of this Ordinance are severable to the extent any clause, phrase, sentence, paragraph or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, illegal, or unconstitutional, the remaining provisions shall continue in full force and effect.
4. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of this Ordinance and the Redevelopment Plan with the Office of the City Clerk.
5. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance further amends Ordinance 6PSF-i, adopted on August 7, 2013, to adopt the Fifth Amendment to the Newark's River: Public Access and Redevelopment Plan by revising certain requirements relating to Block 169.01, Lots 60 and 70; Block 177, Lot 7 and Block 179, Lots 10, 13, 17, 22, 26, 28, 30, 42, 45, 47 and 48 (East Ward).