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AN ORDINANCE AMENDING TITLE XLI, NEWARK ZONING AND LAND USE REGULATIONS, CHAPTER 22, SHIPPING CONTAINERS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING SUBSECTION 41:22-3, LICENSE REQUIREMENT OF SHIPPING CONTAINERS OPERATORS, ADDING A NEW SUBSECTION 41:22-6(E), SHIPPING CONTAINER ZONING REGULATIONS, THEREBY CREATING AN EXEMPTION TO SHIPPING CONTAINER ZONING REGULATION.
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WHEREAS, on October 21, 2020, the Municipal Council adopted Ordinance 6PSF-q (the “Ordinance”), which amended Title XLI, Zoning and Land Use Regulations, to create Chapter 22, entitled “Shipping Containers”; and
WHEREAS, the Ordinance was intended to regulate the illegal storage of shipping containers in neighborhoods, which are hazardous, dangerous or detrimental to the health, safety and welfare of the residents, and are an eyesore and nuisance and contribute to blight in various residential neighborhoods; and
WHEREAS, shipping containers stacked in neighborhoods with no municipal oversight, can be dangerous and can become an attractive nuisance without having safeguards inherent in the way shipping containers are stored on-port at Port Newark Container Terminal and others; and
WHEREAS, in light of stringent safety protocols put in place by Port Newark Container Terminal and other on-port shipping companies, the concerns for the storage of containers on-port is not the same as for containers stored off-port; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or of the United States, as it may deem necessary and proper for good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and
WHEREAS, the City of Newark proposes to amend the Ordinance to create an exemption to Shipping Container Regulations for certain Operators, provided that they meet certain requirements and safety criteria by amending Title XLI, Chapter 22, “Shipping Containers,” more specifically Subsection 41:22-3 and adding a new subsection 41:22-6(e)(“Proposed Amendment”); and
WHEREAS, pursuant to N.J.S.A. 40:55D-64, prior to the Hearing on the adoption of a Zoning Ordinance, or any amendments thereto, the Municipal Council shall refer any such Proposed Ordinance or amendment to the Central Planning Board for formal review, report and recommendation as required by N.J.S.A. 40:55D-26; and
WHEREAS, on October 6, 2021, the Municipal Council adopted Resolution 7R2-k, referring this Proposed Amendment of the Ordinance to the Central Planning Board pursuant to N.J.S.A. 40:55D-64, and required the Central Planning Board to make and transmit a report, including identification of any provisions in the Proposed Amendment, which are inconsistent with the City of Newark’s Master Plan and recommendations concerning these inconsistencies and any other matters as the Central Planning Board deems appropriate, within thirty-five (35) days of the referral, pursuant to N.J.S.A. 40:55D-26; and
WHEREAS, on October 18, 2021, the Central Planning Board, pursuant to its’ Memorialization Resolution, determined that the Proposed Amendment is consistent with the purpose and intent of the City of Newark’s Master Plan, and indicated that the exemption within the Proposed Amendment is reasonable.
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 and deletions are shown as strikethrough.
Section 1. Title XLI, Zoning and Land Use Regulations, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, Chapter 22, Shipping Containers, is amended and supplemented, as follows:
41:22-3 License Requirement of Shipping Containers Operators
Any operator or owner of a company storing shipping containers within any zoning district in the City of Newark must apply for a "Shipping Container Storage License" from the Zoning Office of the City of Newark to continue operations. The license must be renewed yearly. Any Shipping Container Operator, that satisfies the conditions for an exemption under Section 41:22-6(e), will not be required to obtain a “Shipping Container Storage License.”
41:22-6. Shipping Container Zoning Regulations.
a. Applications for storage of shipping containers that are compliant with the zoning regulations shall be reviewed and permitted by site plan approval by the Central Planning Board of the City of Newark. The Central Planning Board shall review issues regarding whether the stored shipping containers occupy a substantial area of the parcel, grading, drainage, environmental conditions, and other aspects of site plan. Prior to the Central Planning Board review, a preliminary review shall be performed by the Board Planner and Department of Engineering.
b. Maximum stack height within permitted zones shall be four (4) shipping containers.
c. Sufficient spacing must be created between containers to permit proper inspection and rodent control.
d. Surveillance cameras must be installed on site to prevent trespassers and criminal activity.
e. Shipping Container Operators whose: (1) principal business is shipping; (2) business is located on property leased by the Port Authority from the City of Newark and is contiguous to shipping waterways; (3) has received proof from Port Newark Container Terminal of acceptable safety protocols; (4) allows the City of Newark to conduct periodic inspections of its facility and/or property; and (5) submits a safety report to the City of Newark, Department of Engineering, are exempt from obtaining a Shipping Container Storage License and shall be permitted to stack a maximum height of eight (8) shipping containers within the permitted zones.
Section 2. If any provision of this Ordinance or application thereof to any person(s) or circumstance is determined invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalidated provision or application, and to this end the provisions of this Ordinance are declared severable.
Section 3. This Ordinance shall take effect upon final passage and publication and in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends Title XLI, Zoning and Land Use Regulations, Chapter 22, Shipping Container, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by creating an exemption to shipping container regulations.