Newark City Zoning Code
Chapter
41:20 Environmental Justice and Cumulative Impact
§ 41:20-1 Purpose.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The City of Newark Municipal Code is hereby amended to include the requirements enumerated herein, which shall assist the Environmental Commission, Newark Central Planning Board and Zoning Board of Adjustment in better understanding the environmental impacts of development projects, and support improved long-term planning in order to enhance, protect and preserve a healthy urban environment for the benefit of all present and future residents and workers.
§ 41:20-2 Policy Statement.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The goal of the Environmental Justice and Cumulative Impacts chapter is to advance environmental justice (as defined herein), good stewardship, and sustainable economic development in furtherance of the priorities outlined in the Newark Sustainability Action Plan and the Newark Master Plan. Through this Chapter 41:20, the City of Newark seeks to:
1.
Protect the health of all residents, regardless of race, culture or income, from exposure to pollution linked to adverse health effects, including the cumulative impacts that may be worsened as an unintended by-product of new development or redevelopment, and to ensure the enforcement of laws, regulations, and policies in a manner consistent with the principles of environmental justice.
2.
Take appropriate action to avoid, minimize and mitigate pollution from all sources within Newark's jurisdiction through partnerships, innovation, and enforcement.
3.
Encourage proposals for development or redevelopment that contribute positively to Newark's environmental, economic, and social health or, at minimum, that do not contribute net new pollution to the environment or adversely impact public health.
4.
To the extent permitted by law, discourage and advocate against development or redevelopment proposals that contribute net additional pollution; particularly, types of pollution linked to human health problems, and avoid taking actions or decisions that add to the total amount of pollution impacting an area deemed disproportionately impacted by pre-existing pollution.
5.
To create a better basis of information for decision-making with regard to public health and the environment with regard to new project proposals, and to require development and redevelopment applicants seeking approval for projects that have the potential to generate additional pollution to provide information in the form of an Environmental Review Checklist as provided herein, which shall be added to the checklist requirements and provided to development and redevelopment applicants pursuant to N.J.S.A. 40:55D-10.3.
6.
To create a better basis of information for decision-making with regard to public health, the environment and pre-existing pollution by developing a Natural Resources Index that identifies areas that can be considered disproportionately burdened with existing pollution pursuant to standards of environmental justice and that, upon approval, will become a required reference document for the Environmental Review Checklist.
7.
Promote meaningful public participation and transparent decision-making by identifying risks to public health and the environment, and by providing an opportunity to select alternatives and/or mitigation measures that remedy, avoid or minimize such risks.
§ 41:20-3 Definitions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Shall generally mean the respective Board Secretary or Board Clerk assigned to receive applications and plan documents on behalf of the Central Planning Board or Zoning Board of Adjustment.
Shall have the same definition as provided in the Newark Zoning and Land Use Regulations, Title 41, Chapter 41:2.
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 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, 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. A covered applicant shall include an applicant that is seeking approval for a mixed-use project which includes a residential use.
Shall mean any pollutants listed by the EPA Administrator pursuant to Section 108(a) of the Clean Air Act, 42 USC Section 7408(a) as Criteria Air Pollutants which includes carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution (PM 10 and PM 2.5) and sulfur dioxide.
Shall mean the fair treatment of and right of all persons, regardless of race, color, national origin, ethnicity, income or other demographic or geographic characteristics, to have access to a safe, healthy living environment. Fair treatment means that no group of people, including racial, ethnic, or socio-economic groups, should bear disproportionately high exposure to pollution or adverse human health or environmental impacts, which disproportionately high exposure is known as environmental injustice, as further described in Presidential Executive Order 12898, State of New Jersey Executive Order #96 (February 18, 2004), and State of New Jersey Executive Order #131 (February 5, 2009).
Shall mean an informational document covering specific environmental impact information, as specified herein, that must be submitted by covered applicants in addition to other required submissions for major site plan approval from the Newark Central Planning Board or approval of a variance from the Zoning Board of Adjustment. This document shall provide information to be used by the Newark Environmental Commission, City staff and members of the Central Planning Board and Zoning Board of Adjustment to improve public understanding of the potential cumulative environmental impacts of proposed development and provide a basis for more informed policy decisions on municipal land use. This Checklist will be in the format attached hereto as Chapter 41:20 Exhibit A.: Environmental Review Checklist.
Shall have the same definition as provided in the Global Warming Response Act, N.J.S.A. 26:2C-37 et seq.
Shall mean any air pollutants listed in Section 112(b) of the Clean Air Act, 42 USC 7412(b) and amended by 40 CFR 63, Subpart C.
Shall have the same definitions for "Manufacturing, Heavy," and "Manufacturing, Medium" as provided in the Newark Zoning and Land Use Regulations, Title 41, Chapter 41:2.
Shall have the same definition as provided in the Newark Zoning and Land Use Regulations, Title 41, Chapter 41:2, Manufacturing, Light.
Shall mean a document that compiles and analyzes information about baseline environmental and socio-economic conditions in the City of Newark, for purposes of long-term planning that promotes public health, vibrant communities, and sustainable economic development. The NRI may include maps, tables, and narrative describing the extent, type, and location of factors that may affect environmental health both positively and negatively.
§ 41:20-4 Natural Resources Index (NRI).
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
The Newark Environmental Commission, in consultation with City of Newark departmental staff, as coordinated by the Office of Sustainability in the Department of Administration, is hereby directed to research, draft, and present to the Central Planning Board and Zoning Board of Adjustment a Natural Resources Index (NRI), pursuant to N.J.S.A. 40:55D-27b. The NRI will include data on built, natural, environmental, health and demographic features that occur within Newark's boundaries. The NRI will also seek to make visible to the public geospatial information about environmental features, both positive and negative, as juxtaposed to demographic and health data, in order to develop a better understanding of the relationships among environment, land use, public health, and neighborhood quality of life. The NRI is intended to be a work in progress, bringing diverse sources of information together to form the basis of improved policy making over time. The NRI shall include information on:
a.
Natural resources and physical infrastructure within the boundaries of the City of Newark, including but not limited to: highways, railyards, railways, roadways, designated truck routes, industrial areas, seaports, airports, utilities, waterways, trees, parks, wetlands, and gardens;
b.
Available health indicators data, including asthma rates, lung cancer, low birth weight infants, cardiovascular disease, and other illnesses associated with environmental hazards;
c.
Existing permitted, point, non-point and area sources of pollution, toxins registered or required to be registered with the Toxics Release Inventory or the New Jersey Worker and Community Right to Know Act, N.J.S.A. 34:5A-1 et seq., Superfund (CERCLA) and Brownfield sites, hazardous waste storage facilities, and other known sources of pollution affecting Newark residents, which may be obtained from City, federal or state databases such as those created or maintained by the EPA;
d.
Location of vulnerable populations and land uses, including flood zones, location of schools, daycares, senior centers, hospitals, jails, dialysis centers, recreation centers, public housing and detention centers;
e.
Data on socio-economic conditions of residents, including poverty, income, race, ethnicity, gender, unemployment, and age including information on the number and location of residents over 65 and under five years old;
f.
Any other information deemed appropriate or necessary by the Newark Environmental Commission.
2.
An NRI shall be developed and approved by the Newark Environmental Commission within 12 months of the passage of Ordinance No. 6PSF-E, adopted July 7, 2016. The approved NRI shall be forwarded to the Central Planning Board and the Zoning Boards.
3.
The Newark Environmental Commission shall organize and hold at least one public hearing to solicit public information and increase public awareness on the NRI prior to preparation of the final draft thereof.
4.
The NRI shall be updated every three years.
5.
The NRI shall be a required reference document for any Environmental Review Checklist submitted following the publication of an approved version of the NRI by the City of Newark.
§ 41:20-5 Newark Environmental Review Checklist ("Checklist").
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
Covered applicants shall prepare and submit an Environmental Review Checklist to the Central Planning Board or Zoning Board, as appropriate, as a required component of any application for major site plan approval or for a variance in the form attached to this Chapter 41:20 as Exhibit A. The checklist for projects which meet the criteria of Section 41:20-3, Covered Applicant, hereof shall be amended to include said Environmental Review Checklist and shall be provided to all covered applicants.
Editor's Note: The Environmental Review Checklists are included as attachments to this chapter.
2.
In the event that the covered applicant fails to submit a complete Environmental Review Checklist, the application shall be deemed incomplete.
3.
A conforming copy of the Environmental Review Checklist shall also be submitted by the covered applicant to the Administrative Officer within the Newark Division of City Planning.
4.
Upon receipt, the Administrative Officer shall forward a copy of the Environmental Review Checklist to the Chair(s) of the Newark Environmental Commission, the Sustainability Officer, the Director of Engineering, the Director of Community Health and Community Wellness, and the Director of the Department of Recreation, Cultural Affairs and Senior Services or its successor Department. The Environmental Review Checklist will be made available as part of the complete major site plan application or variance application to members of the public.
5.
Upon receipt of the Newark Environmental Review Checklist, the Newark Environmental Commission members shall review the material and provide a written advisory opinion as soon as reasonably practicable to the Secretary of the Boards for transmittal to the members of the Central Planning Board or Zoning Board of Adjustment, as appropriate.
§ 41:20-6 Escrow Fees for Covered Redevelopment Projects.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
1.
For projects which meet the criteria of Section 41:20-3, Covered Applicant, hereof, and which are also redevelopment projects subject to a redevelopment plan adopted pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., a covered applicant shall be required, as a potential redeveloper, to comply with the provisions of Chapter 41:19, Escrow Fees for Redevelopment Matters, in Title XLI, Zoning and Land Use Regulations.
§ 41:20-7 Environmental Justice Policy Review.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Based on the trends and patterns in the NRI and the Environmental Review Checklists for each new development or redevelopment project, the Newark Environmental Commission shall make annual recommendations to the Mayor and the Municipal Council regarding projects and policies that may serve to (i) reduce health-harmful pollution, (ii) improve the environmental impacts of private development projects, and (iii) promote the adoption of best practices for reducing environmental impacts into City capital projects, as well as appropriate updates to the NRI.