File #: 17-1558    Version: 1 Name: Resolution - Investigation of Area in Need of Redevelopment (94-120 Frelinghuysen Ave)
Type: Resolution Status: Adopted
File created: 8/22/2017 In control: Economic and Housing Development
On agenda: 9/7/2017 Final action: 9/7/2017
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) 94-120 Frelinghuysen Avenue/Block 2780/Lot 1/South Ward Additional Information:
Sponsors: Council of the Whole
Related files: 18-0855, 18-0273

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)

94-120 Frelinghuysen Avenue/Block 2780/Lot 1/South Ward     

Additional Information:

                   

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 94-120 Frelinghuysen Avenue (Block: 2780, Lot: 1) (the “Study Area”) in the South 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 the  Governing Body, by resolution, to authorize the  Central 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 Central 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 94-120 Frelinghuysen Avenue (Block: 2780, Lot: 1) in the South 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

 

Resolution authorizing the Central Planning Board to conduct a preliminary investigation as to whether 94-120 Frelinghuysen Avenue (Block: 2780, Lot: 1) in the South 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.