Title
Dept./ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Declaring an Area in Need of Redevelopment
Purpose: Designating area in need of redevelopment.
List of Property:
(Address/Block/Lot/Ward)
31-39 Central Avenue /Block 21/Lot 8/Central Ward
41-43 Central Avenue /Block 21/Lot 23/Central Ward
Additional Information:
Resolution 7R2-e(S) adopted on September 22, 2020 authorized and directed the Central Planning Board to conduct a preliminary investigation as to whether 31-39 Central Avenue (Block 21, Lot 8) is an area in need of redevelopment.
Resolution 7R2-f(S) adopted on July 20, 2021 amended Resolution 7R2-e(S) to include 41-43 Central Avenue (Block 21, Lot 23).
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., (the “Redevelopment Law”), authorizes municipalities to determine whether certain parcels of land located therein constitute areas in need of redevelopment; and
WHEREAS, on September 22, 2020, the Municipal Council, authorized and directed the Newark Central Planning Board (the “Central Planning Board”) to conduct a preliminary investigation to determine whether certain property, identified on the Official Tax Map of the City of Newark as 31-39 Central Avenue (Block 21, Lot 8) or any portion thereof (“Study Area”), met the criteria set forth in the Redevelopment Law and should be designated as a Redevelopment Area, as defined by Redevelopment Law; and
WHEREAS, on July 20, 2021, the Municipal Council amended Resolution 7R2-e (s) to include 41-43 Central Avenue (Block 21,Lot 23) in the Study Area.
WHEREAS, the Central Planning Board conducted a preliminary investigation of the Study Area to determine whether the Study Area should be designated as a Non-Condemnation Area in Need of Redevelopment in accordance with the criteria and procedures set forth in N.J.S.A. 40A:12A-5 and 40A:12A-6; and
WHEREAS, a virtual public hearing was conducted by the Central Planning Board on August 16, 2021, with notice having properly been given pursuant to N.J.S.A. 40A:12A-6(b) (3); and
WHEREAS, after completing its investigation and virtual public hearing on this matter, the Central Planning Board concluded that there was sufficient credible evidence to support findings that satisfy the criteria set forth in the Redevelopment Law, particularly at N.J.S.A. 40A:12A-5 et seq., for designating the Study Area as a Non-Condemnation Area in Need of Redevelopment; and
WHEREAS, the properties in the Study Area: 31-39 Central Avenue (Block 21, Lot 8) and 41-43 Central Avenue (Block 21,Lot 23) in the Central Ward meet criteria “b” in accordance with the Local Housing and Redevelopment Law (N.J.S.A. 40A:12A-5); and
WHEREAS, in accordance with Redevelopment Law, and as memorialized by Resolution dated September 13, 2021, the Central Planning Board recommended to the Municipal Council that all of the properties in the Study Area be designated as a Non-Condemnation Area in Need of Redevelopment; and
WHEREAS, the Municipal Council has reviewed the recommendation of the Central Planning Board and wishes to designate all of the properties in the Study Area as a Non-Condemnation Redevelopment Area pursuant to the Redevelopment Law; and
WHEREAS, the designation of the Study Area as a Non-Condemnation Redevelopment Area shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, other than the power of eminent domain to acquire any property in the Study Area; and
WHEREAS, in order to effectuate the Municipal Council’s designation of the Study Area as a Non-Condemnation Redevelopment Area, the adoption of a Redevelopment Plan by the Municipal Council by ordinance is required pursuant to N.J.S.A. 40A:12A-7; and
WHEREAS, the Municipal Council desires to direct the Central Planning Board to prepare a Redevelopment Plan and transmit the proposed Plan to the Municipal Council for its consideration upon completion of the Central Planning Board’s review.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council has reviewed the recommendation of the Newark Central Planning Board (Central Planning Board) and finds that 31-39 Central Avenue (Block 21,Lot 8) and 41-43 Central Avenue (Block 21, Lot 23) in the Central Ward, as shown on the Official Tax Map of the City of Newark (the “Properties”) qualify as Non-Condemnation Area in Need of Redevelopment pursuant to the Local Housing and Redevelopment Law, N.J.S.A. 40A:12A-1 et seq.
2. The properties are hereby designated as a Non-Condemnation Redevelopment Area in accordance with the relevant provisions of N.J.S.A. 40A:12A-1 et seq.
3. The designation of the properties as a Non-Condemnation Redevelopment Area shall authorize the City to exercise all those powers provided by the Legislature for use in a Redeveloper Area, other than the power of eminent domain to acquire any property in the Study Area.
4. The City Clerk is hereby directed to transmit a copy of this Resolution to the Commissioner of New Jersey Department of Community Affairs for review, in accordance with N.J.S.A. 40A:12A-6(b)(5)(c).
5. Within ten (10) days of the adoption of this Resolution, the City’s Department of Economic and Housing Development shall serve notice of the determination of the Municipal Council and this Resolution upon all record owners of property within the Non-Condemnation Redevelopment Area, those whose names are listed on the Tax Assessor’s records, and upon each person who filed a written objection thereto and stated, in or upon the written submission, an address to which notice of the determination and Resolution may be sent.
6. The Central Planning Board is hereby directed to create and transmit a Redevelopment Plan and Report to the Municipal Council pursuant to Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. The Central Planning Board’s report shall include an identification of any provisions in the proposed Redevelopment Plan, which are inconsistent with the Master Plan and recommendations concerning these inconsistences and any other matters as the Central Planning Board deems appropriate.
7. . This Resolution shall take effect immediately.
STATEMENT
This Resolution authorizes the Municipal Council to designate 31-39 Central Avenue (Block 21, Lot 8) and 41-43 Central Avenue (Block 21, Lot 23) in the Central Ward as a Non-Condemnation Redevelopment Area and further directs the Newark Central Planning Board to create and transmit a Redevelopment Plan and Report to the Municipal Council pursuant to Local Redevelopment and Housing Law.