NJBIA's Public Policy Forum: The Road to Recovery REGISTER

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On July 7, Newark City Council adopted the first in the state, city based environmental justice ordinance amending zoning and land-use regulations.  NJBIA is still reviewing the ordinance and its impact on our members in Newark. If your company has any insight or has been involved in the process, please email Sara. We would appreciate your input.

Policy Goal: The goal of the Environmental Justice & Cumulative Impacts Ordinance is to advance Environmental Justice, good stewardship, and sustainable economic development in furtherance of the priorities outlined in the Newark Sustainability Action Plan and the Newark Master Plan.

Who it Impacts (from the ordinance): “Covered Applicant –

  1. Shall mean an applicant for major site plan approval from the Newark Central Planning Board or a variance from the Newark Zoning Board of Adjustment that (i) is seeking approval for a Commercial, Light Manufacturing or Industrial Use project, as defined under Paragraphs 3.g, 3.h and 3.i hereinafter; and (ii) requires one or more approvals or permits from the U.S. Environmental Protection Agency (“EPA”) or the New Jersey Department of Environmental Protection, or requires inclusion in the Essex County Solid Waste Management Plan, upon advice from the Essex County Solid Waste Advisory Council. Said approvals or permits shall include, Essex County Solid Waste Advisory Council. Said approvals or permits shall include, but shall not be limited to, any approval or permit required pursuant to the Clean Air Act, 42 U.S.C. §7401 et seq.; the Clean Water Act, 33 U.S.C. §1251 et seq. (including any approval or permit issued thereunder by the U.S. Army Corps of Engineers); the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the New Jersey Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq.; the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.; the Water Quality Planning Act, N.J.S.A. 58:11A-1, et seq.; the Waterfront Development Law, N.J.S.A. 12:5-3 et seq.; the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.; the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. and the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq .
  1. A Covered Applicant shall include an applicant that is seeking approval for a mixed use project which includes a residential use.”

Required information: includes items such as a new environmental checklist, reporting of criteria pollutants, and a Natural Resource Index.  Additional information is to be supplied to the Newark Environmental Commission, Central Planning Board and Zoning Board of Adjustment.

Additional information on the ordinance can be found here.

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