Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing () Amending
Type of Service: Resolution Endorsing a Draft Ordinance
Purpose: Resolution referring a Draft Ordinance amending Title 41, entitled the "ESTABLISHMENT OF A SUPPLEMENTAL ZONING BOARD OF ADJUSTMENT," to the Newark Central Planning Board for review and recommendation as required by N.J.S.A. 40:55D-26 in accordance with N.J.S.A. 40:55D-64.
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WHEREAS, the Municipal Council of the City of Newark (the "Municipal Council") adopted Title 41 (Newark Zoning & Land Use Regulations) by resolution 6PSF-c, on February 4, 2015; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-69, created a Zoning Board of Adjustment (the "Zoning Board") by appointing seven (7) members and two (2) alternate members ("Alternates"); and
WHEREAS, the Municipal Council adopted resolution 7R2-c(AS) on January 9, 2019, to authorize (1) the appointment of two (2) additional alternate members to the Zoning Board and (2) an annual schedule of thirty (30) regular meetings and ten (10) special meetings to be held by the Zoning Board; and
WHEREAS, the City of Newark has been experiencing an influx of development applications in the last few years; and
WHEREAS, in spite of the additional regular meetings, thirty (30) instead of twenty-two (22), and special meetings held by the Zoning Board, the wait period for an application and/or appeal to be heard by the Zoning Board is a minimum or six (6) months or more; and
WHEREAS, this backlog of applications and appeals adversely affects the Zoning Board's ability to make a decision in a timely manner as per N.J.S.A. 40:55D-72 and N.J.S.A. 40:55D-73; and
WHEREAS, failure of the Zoning Board to render a decision on an application and/or appeal in one hundred and twenty days (120) as per the Municipal Land Use Law (40:55D-73) shall constitute a decision favorable to t...
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