Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing (X) Amending
Type of Service: Resolution Endorsing Draft Ordinance
Purpose: Resolution referring the draft Ordinance amending Title 41, entitled the “Newark Zoning and Land Use Regulations” Chapter 21, “Inclusionary Zoning for Affordable Housing” to the Newark Central Planning Board for review and recommendation as required by N.J.S.A. 40:55D-26 in accordance with N.J.S.A. 40:55D-64.
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WHEREAS, Newark’s Master Plan recognizes that “the region’s housing growth is already shifting to urban centers like Newark,” that “for the first time in more than a century, Newark is now a growing City,” and “providing housing of choice to more of the region’s middle and upper income households who will support Newark’s growing economy, strengthen the City’s fiscal health, and help Newarkers of all types, ages, and income levels find quality homes”; and
WHEREAS, the City of Newark (the “City”) wishes to ensure that as the City grows and attracts new market rate residential development, that it also provides a realistic opportunity for the City to meet or exceed its fair share of the region’s affordable housing need; and
WHEREAS, on October 4, 2017, the Municipal Council adopted Ordinance 6PSF-b establishing inclusionary zoning for affordable housing (the “IZO Ordinance”); and
WHEREAS, on July 26, 2022 the Municipal Council adopted Ordinance 6PSF-b(S) amending and supplementing the IZO Ordinance; and
WHEREAS, the City wishes to further ensure a fair and uniform process for the selection of eligible households for affordable housing as required by the IZO Ordinance; and
WHEREAS, the Mayor of the City of Newark and Municipal Council are desirous of amending the IZO Ordinance; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-62, may adopt or amend a Zoning Ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and
WHEREAS, pursuant to N.J.S.A. 40:55D-64, prior to the hearing on adoption of a Zoning Ordinance, or any amendments thereto, the Municipal Council shall refer any such proposed Ordinance or amendment to the Newark Central Planning Board (the “Central Planning Board”) for formal review, report, and recommendation 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 to the Central Planning Board for formal review, report, and recommendation 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. Pursuant to N.J.S.A. 40:55D-64, the Municipal Council hereby refers the draft Proposed Amendment to the IZO Ordinance, attached hereto as Schedule A to the Central Planning Board for formal review, report, and recommendation as required by N.J.S.A. 40:55D-26.
2. The Central Planning Board shall submit to the Municipal Council a report within thirty-five (35) days after referral, which includes identification of any provisions which are inconsistent with the Master Plan and recommendations concerning any such inconsistencies, as well as any other matters as it deems appropriate in accordance with N.J.S.A. 40:55D-64 and for specific review by the Central Planning Board and report to the Municipal Council as to whether said amendment is substantially consistent with the Land Use Plan Element and the Housing Plan Element of the Master Plan or designed to effectuate such Plan Elements, pursuant to N.J.S.A. 40:55D-62.
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.
STATEMENT
This Resolution hereby declares that the Municipal Council refers a Proposed Amendment to the IZO Ordinance amending Title 41 entitled the “Newark Zoning and Land Use Regulations” to be included in Chapter 21 entitled “Inclusionary Zoning for Affordable Housing” to the Newark Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.