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AN ORDINANCE AMENDING TITLE 41 OF THE MUNICIPAL CODE OF THE CITY OF NEWARK, NEW JERSEY, TO ESTABLISH A NEW CHAPTER ENTITLED "INCLUSIONARY ZONING FOR AFFORDABLE HOUSING."
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WHEREAS, Newark's Master Plan recognizes that "the region's housing growth is already shifting to urban centers like Newark," that "for the first time in more than a century, Newark is now a growing city," and that "[p]roviding housing of choice to more of the region's middle and upper-income households will support Newark's growing economy, strengthen the city's fiscal health, and help Newarkers of all types, ages, and income levels find quality homes;" and
WHEREAS, Newark wishes to ensure that as the City grows and attracts new market-rate residential development, the City also provides a realistic opportunity for the City to meet or exceed its fair share of the region's affordable housing need; and
WHEREAS, variance relief which is authorized by the Municipal Land Use Law ("MLUL") and Newark's ordinances provides incentives or compensatory benefits to developers of new market-rate housing seeking such variance relief to also make provisions for affordable housing; and
WHEREAS, the MLUL, at N.J.S.A. 40:55D-70, provides that "[n]o variance or other relief may be granted under the terms of this Section...without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance"; and
WHEREAS, the intent and purpose of Newark's Master Plan includes to "create mixed-income housing through new construction..."; and
WHEREAS, the intent and purpose of Newark's Zoning Ordinance includes "advancing the purposes of the Municipal Land Use Law set forth at N.J.S.A. 40:55D-2," "ensuring that all land development in the City meets the applicable requirements of Federal, State and local law...
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