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 Central Planning Board to consider an amendment to Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations), Chapter 10, pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64
Additional Information:
Ordinance 6PSF-e adopted on November 1, 2023, amended and replaced Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations).
Ordinance 6PSF-e adopted on September 5, 2024, amended Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations), Section 4 (Permitted Uses by District), Section 5 (Building Bulk and Design Standards) and Section 7 (Off-street Parking and Loading), and added Section 17 (Storm Drainage) and 23 (Street Designation).
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WHEREAS, the Central Planning Board of the City of Newark (“Planning Board”) adopted the Newark360 Master Plan and Land Use Element (“Newark360”) at a duly noticed public hearing on September 26, 2022; and
WHEREAS, on November 1, 2023, the Newark Municipal Council (“Municipal Council”) adopted Ordinance 6PSF-e, comprehensive amendments to Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations) to replace the former ordinance as a continuation of the Newark360 process and designed to effectuate the policy statements and recommendations contained therein; and
WHEREAS, on September 5, 2024, the Municipal Council adopted Ordinance 6PSF-e, authorizing various amendments to fine tune the wholesale amendments implemented in 2023, to continue to encourage beneficial development within the City by amending Section 4: Permitted Uses by District, Section 5: Building Bulk and Design Standards, Section 7: Off-Street Parking and Loading, and adding two (2) new sections, Section 17: Storm Drainage and Section 23: Street Designation; and
WHEREAS, the Department of Economic and Housing Development wishes to amend Chapter 10: Historic Sites and Districts, specifically Section 41:10-4 Procedures of Designation, to streamline the local historic designation process by replacing the National Register of Historic Places Registration Form requirement with a city-specific application form, establishing a nominal application fee, and authorizing the Division of Planning and Zoning to retain technical expertise as needed, as referenced in Exhibit A; and
WHEREAS, the Division of Planning and Zoning may, at its discretion, retain a qualified Historic Consultant with relevant expertise to assist in the review of any application and to provide technical analysis or recommendations to the Newark Landmarks and Historic Preservation Commission and/or Central Planning Board as needed; and
WHEREAS, the application fee established herein is intended to help offset a portion of the administrative and professional costs associated with reviewing nominations, including the retention of qualified historic preservation consultants when deemed necessary by the Office of Planning and Zoning; and
WHEREAS, the Division of Planning and Zoning has developed a Local Historic Property Designation Application Form, attached hereto as Exhibit B, to replace the National Register of Historic Places Registration Form for purposes of local designation; 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 Central Planning Board, which shall prepare and transmit a report within thrity five (35) days after the referral, 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 and Exhibit B to the Central Planning Board for the preparation of a report 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 Municipal Council hereby refers the draft Proposed Amendment to Section 41:10-4 of the Title 41 of the Municipal Code of the City of Newark Zoning and Land Use Regulations, attached hereto as Exhibit A, along with a proposed Local Historic Property Designation Application Form, attached hereto as Exhibit B, to the Newark Central Planning Board (“Central Planning Board”).
2. The Central Planning Board, pursuant to N.J.S.A. 40:55D-26, shall prepare and submit to the Municipal Council a report, within thirty-five (35) days after referral, which includes identification of any provisions of the Proposed Amendment, which are inconsistent with the Master Plan, Newark 360 Master Plan, and recommendations concerning any such inconsistencies, as well as any other matters as it deems appropriate pursuant to N.J.S.A. 40:55D-26.
3. 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.
4. This Resolution shall take effect immediately.
STATEMENT
This Resolution hereby authorizes the Municipal Council to refer an amendment to Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations), Chapter 10: Historic Sites and Districts, to streamline the local historic designation process by replacing the National Register of Historic Places Registration Form requirement with a city-specific application form, establishing a nominal application fee, and authorizing the Division of Planning and Zoning to retain technical expertise as needed, to the Newark Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.