File #: 18-0048    Version: 1 Name: Area in Need of Redevelopment (NJRR Avenue, Oliver Street & Chestnut Street)
Type: Resolution Status: Adopted
File created: 1/12/2018 In control: Economic and Housing Development
On agenda: 3/7/2018 Final action: 3/7/2018
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) 233-239 NJRR Avenue/Block 919/Lot 1/East Ward 225-231 NJRR Avenue/Block 919/Lot 5/East Ward 43-47 Oliver Street/Block 919/Lot 15/East Ward 49-53 Oliver Street/Block 919/Lot 43.19/East Ward 106-114 Chestnut Street/Block 919/Lot 43.30/East Ward Additional Information: Deferred 7R2-c (s) 022718
Sponsors: Council of the Whole
Related files: 18-0264

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)

233-239 NJRR Avenue/Block 919/Lot 1/East Ward

225-231 NJRR Avenue/Block 919/Lot 5/East Ward

43-47 Oliver Street/Block 919/Lot 15/East Ward

49-53 Oliver Street/Block 919/Lot 43.19/East Ward

106-114 Chestnut Street/Block 919/Lot 43.30/East Ward

Additional Information:

Deferred 7R2-c (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 as 233-239 NJRR Avenue, 225-231 NJRR Avenue, 43-47 Oliver Street, 49-53 Oliver Street and  106-114 Chestnut Street (Block: 919, Lots: 1, 5, 15, 43.19, 43.30) (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 233-239 NJRR Avenue, 225-231 NJRR Avenue, 43-47 Oliver Street, 49-53 Oliver Street and  106-114 Chestnut Street (Block: 919, Lots: 1, 5, 15, 43.19, 43.30) in the East Ward, is an “area in need of redevelopment” as defined under the LRHL, 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

 

This resolution authorizes the Central Planning Board to conduct a preliminary investigation as to whether 233-239 NJRR Avenue, 225-231 NJRR Avenue, 43-47 Oliver Street, 49-53 Oliver Street and 106-114 Chestnut Street (Block: 919, Lots: 1, 5, 15, 43.19, 43.30) in the East Ward, is an “area in need of redevelopment” as defined under the Local Redevelopment and Housing Law (the “LRHL”), under N.J.S.A. 40A:12A-1 et seq.