Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Declaring an Area in Need of Redevelopment
Purpose: Designating area 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:
Resolution 7R2-b adopted on March 7, 2018 authorized and directed the Central Planning Board to conduct a preliminary investigation.
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., (the “Redevelopment Law”), authorizes municipalities to determine whether certain parcels of land located therein constitute areas in need of redevelopment; and
WHEREAS, on March 7, 2018, the Municipal Council of the City of Newark (the “Municipal Council”) adopted Resolution 7R2-b authorizing and directing the Newark Central Planning Board (the “Planning Board”) to conduct a preliminary investigation to determine whether certain properties, identified as: 233-239 NJRR Avenue, 225-231 NJRR Avenue, 43-47 Oliver Street, 49-53 Oliver Street, and 106-114 Chestnut Street or any portions thereof (the “Study Area”), are considered an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A: 12A-5 of the LRHL and should be designated as a Non-Condemnation Redevelopment Area, as defined by the Redevelopment Law; and
WHEREAS, the Planning Board conducted a preliminary investigation of the Study Area to determine whether the Study Area should be designated as a Non-Condemnation Area in Need of Redevelopment in accordance with the criteria and procedures set forth in N.J.S.A. 40A: 12A-5 and 40A: 12A-6; and
WHEREAS, a public hearing was conducted by the Planning Board on June 11, 2018, with notice having properly been given pursuant to N.J.S.A. 40A:12A-6(b)(3); and
WHEREAS, John Barree, P.P., A.I.C.P. of Heyer Gruel & Associates, the professional planner for the Planning Board, presented a report entitled “East Ward Properties Investigation Report” dated May 2018, at the public hearing on June 11, 2018; and
WHEREAS, after completing its investigation and public hearing on this matter, the Planning Board concluded that there was sufficient credible evidence to support findings that the properties in the Study Area satisfy the criteria set forth in the Redevelopment Law, particularly at N.J.S.A. 40A:12A-5 et seq., for designating the Study Area as an Area in Need of Redevelopment; and
WHEREAS, 233-239 NJRR Avenue (Block 919, Lot 1) met Criteria “a”; 225-231 NJRR Avenue (Block 919, Lot 5), 43-47 Oliver Street (Block 919, Lot 15), 49-53 Oliver Street (Block 919, Lot 43.19) and 106-114 Chestnut Street (Block 919, Lot 43.30) (East Ward) in the Study Area met Criteria “c” in accordance with the Local Housing and Redevelopment Law (N.J.S.A. 40A:12A-1 et seq.; and
WHEREAS, in accordance with Redevelopment Law and as memorialized by Resolution, dated July 23, 2018, the Planning Board recommended to the Municipal Council that the properties in the Study Area be designated as a Non-Condemnation Area in Need of Redevelopment; and
WHEREAS, the Municipal Council has reviewed the recommendation of the Planning Board and wishes to designate the properties in the Study Area as a Non-Condemnation Redevelopment Area pursuant to the Redevelopment Law; and
WHEREAS, the designation of the Study Area as a Non-Condemnation Redevelopment Area shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, other than the power of eminent domain; and
WHEREAS, in order to effectuate the Municipal Council’s designation of the Study Area as a Non-Condemnation Redevelopment Area, the adoption of a Redevelopment Plan by the Municipal Council by Ordinance is required pursuant to N.J.S.A. 40A:12A-7; and
WHEREAS, the Municipal Council desires to direct the Planning Board to prepare a Redevelopment Plan and transmit the proposed Plan to the Municipal Council for its consideration upon completion of the Planning Board’s review.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council has reviewed the recommendation of the Planning Board and finds that: 233-239 NJRR Avenue (Block 919, Lot 1), 225-231 NJRR Avenue (Block 919, Lot 5), 43-47 Oliver Street (Block 919, Lot 15), 49-53 Oliver Street (Block 919, Lot 43.19) and 106-114 Chestnut Street (Block 919, Lot 43.30) (East Ward) as shown on the official tax map of the City of Newark (the “Properties”) qualify as an Area in Need of Redevelopment pursuant to the Local Housing and Redevelopment Law, N.J.S.A. 40A:12A-1 et seq.
2. The Properties are hereby designated as a Non-Condemnation Redevelopment Area in accordance with the relevant provisions of N.J.S.A. 40A:12A-1 et seq.
3. The designation of the Properties as a Non-Condemnation Redevelopment Area shall authorize the City to exercise all those powers provided by the Legislature for use in a Redevelopment Area, other than the power of eminent domain.
4. The City Clerk is hereby directed to transmit a copy of this Resolution to the Commissioner of New Jersey Department of Community Affairs for review, in accordance with N.J.S.A. 40A:12A-6(b)(5)(c).
5. Within ten (10) days of the adoption of this Resolution, the Department of Economic and Housing Development of the City of Newark shall serve notice of the determination of the Municipal Council and this Resolution upon all record owners of property within the Non-Condemnation Redevelopment Area, those whose names are listed on the Tax Assessor’s records, and upon each person who filed a written objection thereto and stated, in or upon the written submission, an address to which notice of the determination and Resolution may be sent.
6. The Planning Board is hereby authorized and directed to create and transmit a Redevelopment Plan and Report to the Municipal Council pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. The Planning Board’s report shall include an identification of any provisions in the proposed Redevelopment Plan, which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Planning Board deems appropriate.
7. This Resolution shall take effect immediately.
STATEMENT
This Resolution authorizes the Municipal Council to designate: 233-239 NJRR Avenue (Block 919, Lot 1), 225-231 NJRR Avenue (Block 919, Lot 5), 43-47 Oliver Street (Block 919, Lot 15), 49-53 Oliver Street (Block 919, Lot 43.19) and 106-114 Chestnut Street (Block 919, Lot 43.30) (East Ward) as a Non-Condemnation Redevelopment Area and further directs the Planning Board to create and transmit a Redevelopment Plan and Report to the Municipal Council pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.