Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Referral of Proposed Ordinance to the Central Planning Board for Formal Review
Purpose: Resolution referring to the Central Planning Board for review and recommendation a proposed Ordinance amending Title 41 of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as Amended and Supplemented, entitled “Newark Zoning and Land Use Regulations”, by amending Chapter 10, entitled “Historical Sites and Districts” to address the sale or transfer of religious buildings and facilities as required by N.J.S.A. 40:55D-26 in accordance with N.J.S.A. 40:55D-64.
Additional Information:
A copy of proposed ordinance attached.
body
WHEREAS, the preservation of historical sites and districts in the City of Newark are aimed at maintaining sites of significance in municipal history, architecture, archeology, and culture as they exist within districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feelings, and association; and
WHEREAS, there exists in the City of Newark, properties owned by religious institutions and used for religious purposes for over twenty-five (25) years that have become an integral part of the fabric of the community by the nature of their location, design, setting, materials, workmanship, feelings or association, and are situated in or out of designated historical districts; and
WHEREAS, the administration is desirous of amending Title XLI, Newark Zoning and Land Use Regulation, Chapter 10, Historical Sites and Districts to include provisions to require that buildings owned by religious entities and used for religious purposes for over twenty-five (25) years maintain its religious use in perpetuity, unless certain criteria are met prior to the implementation of a change in use or purpose of the buildings; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and
WHEREAS, pursuant to N.J.S.A. 40:55D-64, prior to the Hearing on the adoption of a Zoning Ordinance, or any amendments thereto, the Municipal Council shall refer any such Proposed Ordinance or 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 to the Central Planning Board for its review, report, and recommendation, the Proposed Ordinance (“Proposed Ordinance”) amending the Zoning and Land Use Regulation, attached hereto as Exhibit A, to amend Chapter 10 entitled “Historical Sites and Districts” in order to address the sale or transfer of religious buildings and facilities.
2. The Central Planning Board shall submit to the Municipal Council a report, within thirty-five (35) days after referral, which must include identification of any provisions within the Proposed Ordinance that are inconsistent with the City’s Master Plan and its recommendations regarding the rectification of any such inconsistencies, as well as any other matters as it deems appropriate in accordance with N.J.S.A. 40:55D-26.
3. The Central Planning Board shall also conduct a specific review and report to the Municipal Council as to whether the Proposed Ordinance 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.
4. The Deputy Mayor/Director of the Department of Economic and Housing Development shall file a copy of this resolution and the proposed ordinance with the Office of the City Clerk.
STATEMENT
This resolution declares that the Municipal Council refers a Proposed Ordinance Amending the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, Title 41, entitled “the Zoning and Land Use Regulations of the City of Newark” by amending Chapter 10, entitled “Historical Sites and Districts” to address the sale or transfer of religious buildings and facilities.