Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Referral of Proposed Ordinance to the Newark Central Planning Board for Formal Review
Purpose: Resolution referring to the Newark 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 22, Section 6 entitled “Shipping Containers Zoning Regulations” by modifying a component of License requirement 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 the proposed Ordinance is attached as Exhibit A.
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WHEREAS, on October 21, 2020, the Municipal Council adopted Ordinance 6PSF-q, which amended Title XLI, Zoning and Land Use Regulations, to supplement and add Chapter 22, entitled Shipping Containers; and
WHEREAS, the City of Newark (the “City”) desires to improve the application process for Shipping Container Licenses; and
WHEREAS, the proposed amendment will modify the City Department and/or Office responsible for applications for a Shipping Storage License to the Department of Finance, Division of Tax Abatement and Special Tax; 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 Newark Central Planning Board (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 of the Proposed Ordinance amending the Zoning and Land Use Regulation, attached hereto as Exhibit A, to amend Chapter 22, Section 6 entitled “Shipping Containers Zoning Regulations” in order to modify license requirements.
2. The proposed amendment will modify the City Department and/or Office responsible for applications for a Shipping Storage License to the Department of Finance, Division of Tax Abatement and Special Tax instead of the Department of Economic and Housing Development, Zoning Office.
3. 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.
4. 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.
5. 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 22, Section 6 entitled “Shipping Containers Zoning Regulations” by modifying components of license requirements.