Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing () 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) pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64
Additional Information:
Ordinance 6PSF-c of November 1, 2023 amending and replacing Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations)
Ordinance 6PSF-e of September 5, 2024 amending Title 41 of the Municipal Code of the City of Newark (Zoning and Land Use Regulations)
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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, by Memorialization Resolution dated October 3, 2022; and
WHEREAS, Newark360 was the culmination of a multi-year planning and public outreach process during which in-person and virtual meetings were conducted throughout the city and during which input was received from thousands of residents and stakeholders; and
WHEREAS, the Municipal Land Use Law at N.J.S.A. 40:55D-62 provides municipalities with the power to adopt or amend zoning ordinances; and
WHEREAS, such zoning ordinances shall be adopted after the Planning Board adopts a master plan land use element and housing plan element and all the provisions of the zoning ordinance shall be either substantially consistent with the elements or designed to effectuate the elements; and
WHEREAS, on November 1, 2023, the Newark Municipal Council (“Municipal Council”) adopted Ordinance 6PSF-c, 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; and
WHEREAS, the Department of Economic and Housing Development proposed an amendment to the Zone District Maps incorporated into Title XLI by reference in Section 3 to revert various parcels back to the R-1 Zoning District, where they had been located prior to the 2023 comprehensive amendments, as shown on the list of properties attached as Exhibit A; 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 thirty five (35) days after 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 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 THAT:
1. The Municipal Council hereby refers the draft Proposed Amendment to the zoning ordinance, attached hereto as Exhibit A 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 and recommendations concerning any such inconsistencies, as well as any other matters as it deems appropriate.
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 refers a proposed amendment of Newark’s Zoning and Land Use Regulations to the Newark Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.