Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Filing of Final Green Acres Application by the Department of Economic and Housing Development.
Purpose: Resolution Supporting the Department of Economic and Housing Development’s State House Commission Final Application to NJDEP’s Office of Transactions and Public Land Administration for a Major Diversion of Portion of Minish Park.
List of Property:
(Address/Block/Lot/Ward)
932-948 McCarter Highway/Block 1/Lot 60/Central Ward
950-964 McCarter Highway/Block 2/Lot 29/Central Ward
Additional Information:
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WHEREAS, Block 1, Lot 60 and Block 2, Lot 29 are part of the City of Newark’s (“City”) Minish Park (the “Diversion Parcels”), and each is encumbered with restrictions against disposal or diversion from recreation and conservation uses (“Green Acres Restrictions”) by the New Jersey Department of Environmental Protection’s (“NJDEP”) Office of Transactions and Public Land Administration (“OTPLA”); and
WHEREAS, to enable the City to grant an easement through the Diversion Parcels to allow a private redeveloper (the “Redeveloper”) to access an adjacent parcel (Block 1, Lot 46.02) to construct a mixed-use residential redevelopment project with a 20 percent affordable housing component, it is necessary for the City to remove the Green Acres Restrictions from an approximately 0.075-acre (3,260 sf) portion of Block 1, Lot 60 and an approximately 0.080-acre (3,498 sf) portion of Block 2, Lot 29 at Minish Park; and
WHEREAS, in order to facilitate construction of the access driveway through the Diversion Parcels, the Redeveloper will also be granted temporary construction easement rights over an approximately 0.114-acre (4,947 sf) portion of Block 1, Lot 60 and an approximately 0.011-acre (482 sf) portion of Block 2, Lot 29 as a temporary staging and laydown area; and
WHEREAS, the removal of Green Acres Restrictions from the Diversion Parcels requires major diversion approval of the Commissioner of NJDEP and the State House Commission pursuant to N.J.A.C. 7:36-26 (the “Minish Park Major Diversion”); and
WHEREAS, the City wishes to apply for approval of the Minish Park Major Diversion under N.J.A.C. 7:36-26; and
WHEREAS, on the February 13, 2025, the City held a public hearing on the Minish Park Major Diversion and accepted public comment until February 27, 2025; and
WHEREAS, in accordance with N.J.A.C. 7:36-26.11(i)4, it is necessary for the City to submit, as part of the final application for the Minish Park Major Diversion, a resolution by the governing body endorsing the application to divert parkland;
NOW THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Newark, in the County of Essex, State of New Jersey as follows:
1. The City endorses the Department of Economic and Housing Development’s filing of a final application for the Minish Park Major Diversion, pursuant N.J.A.C. 7:36-26.
2. The City received no comments, oral or written, during the public comment period and has made a finding that that the Minish Park Major Diversion is in the public’s best interest.
3. The City hereby finds that the Minish Park Major Diversion would meet the minimum substantive criteria at N.J.A.C. 7:36-26.1(d) because the proposed diversion will yield a significant public benefit by enabling construction of an inclusionary development where at least 20 percent of the housing units are set aside for low and moderate income households.
4. The City acknowledges that in order to obtain the approval of the Minish Park Major Diversion, all applicable substantive and procedural requirements of N.J.A.C. 7:36-26 must be met, including compensation requirements at N.J.A. C. 7:36-26.10.
5. Upon approval of the Minish Park Major Diversion by the Commissioner of NJDEP and the State House Commission and proof that all terms and conditions of the approval have been satisfied or will be satisfied in a timely manner, the City shall execute all agreements, documents and forms reasonably requested by the NJDEP’s OTPLA to appropriately restrict any replacement land serving in whole or in part as compensation for the Minish Park Major Diversion, in accordance with N.J.A.C. 7:36-26.11(m).
6. A copy of this resolution shall be provided to NJDEP's OTPLA and shall be filed with the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
7. This Resolution shall take effect immediately.
STATEMENT
This resolution endorses the Department of Economic and Housing Development’s filing of a State House Commission final application to NJDEP’s OTLPA to for approval of the Minish Park Major Diversion. The City acknowledges that in order to obtain the approval of the Minish Park Major Diversion, all applicable substantive and procedural requirements of N.J.A.C. 7:36-26 must be met, including compensation requirements at N.J.A. C. 7:36-26.10. Upon approval of the Minish Park Major Diversion by the Commissioner of NJDEP and the State House Commission, and proof that all terms and conditions of the approval have been satisfied or will be satisfied in a timely manner, the Municipal Council of the City of Newark authorizes and directs the Deputy Mayor/Director Economic and Housing Development Department and the City Clerk to execute all agreements, documents and forms reasonably requested by the NJDEP’s OTLPA to appropriately restrict any replacement land serving in whole or in part as compensation for the Minish Park Major Diversion, in accordance with N.J.A. C. 7:36-26.11(m).