Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Investigation for Area in Need of Redevelopment
Purpose: Central Planning Board to determine if area is in
need of redevelopment
List of Property:
(Address/Block/Lot/Ward)
271-275 Delancy Street/Block 1096/Lot 34/East Ward
263-269 Delancy Street /Block1096/Lot 37/East Ward
253-261 Delancy Street/Block 1096/Lot 41/East Ward
42-62 Wheeler Point Road/Block 1097/Lot 5/East Ward
Additional Information:
Deferred 7R2-d (s) 022718
body
WHEREAS, the Department of Economic and Housing Development has requested that the properties identified on the Official Tax Map of the City of Newark at 271-275 Delancy Street (Block 1096, Lot 34); 263-269 Delancy Street (Block 1096, Lot 37); 253-261 Delancy Street (Block 1096, Lot 41); and 42-62 Wheeler Point Road (Block 1097, Lot 5) (the “Study Area”) in the East Ward, be investigated by the Central Planning Board to determine if the Study Area is an “area in need of redevelopment” under the Local Redevelopment and Housing Law (the “LRHL”), under N.J.S.A. 40A:12A-1 et seq.; and
WHEREAS, the LRHL authorizes a Municipal Governing Body, by resolution, to authorize a Municipal Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether an area (or any portion thereof) is an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 of the LRHL; and
WHEREAS, the New Jersey Legislature adopted, and the Governor signed P.L. 2013, Chapter 159, which amended the Redevelopment Law, including the procedural requirements of N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-6; and
WHEREAS, pursuant to P.L. 2013, Chapter 159, “the resolution authorizing the Planning Board to undertake a preliminary investigation shall state whether the redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area other than the use of eminent domain (hereinafter referred to as a “Non-Condemnation Redevelopment Area”) or whether the redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, including the power of eminent domain (hereinafter referred to as a “Condemnation Redevelopment Area”); and
WHEREAS, the Municipal Council finds it to be in the best interest of the City and its residents to authorize the City’s Planning Board to undertake such Investigation of the Study Area as a Non-Condemnation Redevelopment Area; and
WHEREAS, the Municipal Council wishes to direct the Central Planning Board to conduct the Investigation of the Study Area as authorized under the LRHL.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Central Planning Board of the City of Newark is hereby authorized and directed to conduct a preliminary investigation as to whether property located at 271-275 Delancy Street (Block 1096, Lot 34); 263-269 Delancy Street (Block 1096, Lot 37); 253-261 Delancy Street (Block 1096, Lot 41); and 42-62 Wheeler Point Road (Block 1097, Lot 5) in the East Ward, is an “area in need of redevelopment” as defined under the Local Redevelopment and Housing Law (the “LRHL”), N.J.S.A. 40A:12A-1 et seq., to issue all notices and to conduct all public hearings required under the LRHL to effectuate this preliminary investigation, and to thereafter provide its recommendations to the Municipal Council.
2. The redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, other than the use of eminent domain (i.e. a “Non-Condemnation Redevelopment Area”).
3. The City Clerk is hereby directed to transmit a copy of this Resolution to the Secretary of the Central Planning Board.
STATEMENT
Resolution authorizing the Central Planning Board to conduct a preliminary investigation as to whether 271-275 Delancy Street (Block 1096, Lot 34); 263-269 Delancy Street (Block 1096, Lot 37); 253-261 Delancy Street (Block 1096, Lot 41); and 42-62 Wheeler Point Road (Block 1097, Lot 5) in the East Ward, is an “area in need of redevelopment” as defined under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.