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AN ORDINANCE ADOPTING THE THIRD AMENDMENT TO “THE NEWARK LIVING DOWNTOWN PLAN”
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WHEREAS, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., (LRHL) on June 15, 2005 the Municipal Council adopted Resolution 7RDO(AS) designating the entire City of Newark as an area in need of rehabilitation; and
WHEREAS, the LRHL authorizes municipalities to adopt redevelopment plans in order to implement and establish standards for the rehabilitation of all or of any part of a rehabilitation area; and
WHEREAS, the Newark Living Downtown Redevelopment Plan was adopted by the Municipal Council on September 3, 2008 by Ordinance 6S&FG; and
WHEREAS, the Newark Living Downtown Plan was amended twice since initial passage by the Municipal Council including the First Amendment by Ordinance 6PSF-a(S), adopted on June 30, 2010, and the Second Amendment by Ordinance 6PSF-a(S), adopted on September 21, 2010; and
WHEREAS, due to errors that have been identified since the passage of the Newark Living Downtown Plan, the Municipal Council adopted Resolution 7R3-A on February 18, 2015 referring the required Third Amendment to the Newark Living Downtown Plan to the Newark 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, after a public hearing on September 28, 2015, the Central Planning Board adopted a resolution recommending the adoption of the Third Amendment to the Newark Living Downtown Plan as it conforms to and is consistent with the overall goals and objectives set forth in the Master Plan of the City of Newark.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The Third Amendment to the Newark Living Downtown Plan, in the form attached hereto in Exhibit A and made a part of this Ordinance, is hereby adopted in accordance with the recommendations of the Central Planning Board’s September 28, 2015 resolution, with minor non-substantive corrections to the form to clarify the sections of the Newark Living Downtown Plan to be amended.
Section 2. Upon final adoption hereof, the City of Newark Zoning Map, as may have been amended from time to time, shall be amended by the Third Amendment to the Newark Living Downtown Plan which shall supersede the zoning designation shown on the City of Newark Zoning Map for the Redevelopment Area.
Section 3. 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.
Section 4. 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.
Section 5. A copy of this Ordinance and the Redevelopment Plan shall be filed with the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
Section 6. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance adopts the Third Amendment to the Newark Living Downtown Plan.
EXHIBIT A
THIRD AMENDMENT TO THE NEWARK LIVING DOWNTOWN PLAN