jersey city ordinance banning natural gas pipelines in certain development zones

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  • 8/8/2019 Jersey City Ordinance Banning Natural Gas Pipelines in Certain Development Zones

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    City Clerk File No.Agenda No.Agenda No.

    Ord. 10-1643.G 1st Reading

    2nd Reading & Final Passage

    ORDINANCEOFJERSEY CITY, N.J.COUNCil AS A WHOLEoffered and moved adoption of the following ordinance:

    CITY ORDINANCE 10-164TITLE:

    ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTING AMENDMENTS TOTHE LAND DEVELOPMENT ORDINANCE PERTAIING TO NATUR GAS TRASMISSION PIPELINESWHREAS, the Muncipal Council"pursuat to NJSA 40:55D-62, may adopt or amend a zonig ordince relating to the natue andextent of the uses ofland and, of buildings and strctues thereon; and

    WHREAS, the Muncipal Council adopted the Land Development Ordinance, Chapter 345 of the Code of the City of Jersey City,on April 11, 2001, (Ordince No. 01-042), and several amendments since then; andWHREAS, Aricle V of the Ordinance lays out permttd uses in zones cityde; and

    WHREAS, the zones outlied in Arcle V of the Ordinance include, but are not liited to, R-l One and Two Family Housing, R-2Multi-famy Attched, R-3 Multi-Famy Mid-Rise, PIO ParksOpen Space, and M Medical; and

    WHREAs, the existig zones do not specifcally permt utilities which are desired, nor prohibit natu gas trsmission pipelineswhich are not desired; andWHREAS, the Muncipal Council, pursuant to NJSA 40:55D-64, has sought and received the recommendations of the Jersey CityPlang Board relative to these issues; and 'WHREAS, the Plang Board at its meeting of November 15,2010 did vote to recommend tht the Muncipal Council amend theLad Development Ordice Sections il and V; andWHREAS, the amendments to the Lad Development Ordinance are attched hereto and made a par hereof, and are avaiable forpublic inpection at the Offce of the City Clerk, City Hall, 280 Grove Street, Jersey City, NJ;NOW, THEREFORE, BE IT ORDAIED by the Muncipal Council of the City of Jersey City that the Lad DevelopmentOrdice, be and hereby is amended as per the attched document;

    BE IT FUTHR ORDAID THT:A Al ordices and par of ordices inconsistent herewith are hereby repeaed.B. Thi ordice sha be a par of the Jersey City Code as though codified and set fort fuy herein The City Clerk shal have thsordice codied and incorporate in the offcial copies of the Jerey City Code.C. 'Th ordice shall tae effect at the tie and in the maner as provided by law.D. The City Clerk and the Corporation Council be and they are hereby authoried and diecte to chage any chapter numbe, arclenumer and section numbers in the event that the codication of ths ordice reveals tht there is a confct between those numbersand the existig co, in order to avoid confion and possible repeaers of existig provisions.E. The City Plag Diviion is herby dirte to give notice at leat ten days prior to the heag on the adption of ths Ordice tothe Hudn County Plag board and to all other persons entitled thereto pursut to N.J.S. 40:55D-15 and NJ.S. 40:55D-63 (ifreuied). Upon the adption of ths Ordice af public heag thereon, the City Clerk is dite to publish notice of the pasgethereof and to fie a copy of the Ordice as fiy adopte with the Hudson County Plag Board as requied by N.J.S. 40:55D-16. The clerk sha al fortwith trmit a copy of ths Ordice afr fi passage to the Muncipal Tax Assessor as reqed byN.J.S.40:49-2.1. ~bert D. Cotter, AICP, PP, DirectorDivision of City PJa~~rigAPPROVED AS TO LEGA~~-ertifcation Required 0 APPROVED:APPROVED:

    Not Required o

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    Date Submitted to B.A.ORDINANCE FACT SHEET1. Full Title of Ordinance:

    ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTINGAMENDMENTS TO THE LAND DEVELOPMENT ORDINANCE PERTAINING TONATURAL GAS TRANSMISSION PIPELINES2. Name and Title of Person Initiating-the Ordinance, etc.:

    Carl Czaplicki, Director, Departent of Housing, Economic Development, and Commerce3. Concise Description of the Plan Proposed in the Ordinance:

    This Ordinance wil amend Article V of the Land Development Ordinance (Zoning Ordinance) to prohibitnatural gas transmission pipelines in the R-l One and Two Family Housing, R-2 Multi-Family Attched, R-3 Multi-Family Mid-Rise, P/O Parks/Open Space, and M Medical zones.4. Reasons (Need) for the Proposed Program, Project, etc.:

    The amendments wil prohibit natural gas transmission pipelines in various zones cityide.5. Anticipated Benefits to the Community:

    Prohibition of unwanted use.6. Cost of Proposed Plan, etc.:None7. Date Proposed Plan wil commence:Upon approval8. Anticipated Completion Date: N/A9. Persons Responsible for Coordinating Proposed Program, Project, etc.:

    Carl Czaplicki, Director, Dept ofHEDCRobert D. Cotter, City Planning DirectorNick Tylor, Acting Director, Division of Zoning10. Additional Comments: None

    I Certify that all the Facts Presented Herein are Accurate.~~.nvision Director LoV!::OrODate I 7~:;~ Jel/u71Depart . Dire Signature NO oJ 5' 20 i Date /

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    SUMMARY STATEMENTORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTINGAMENDMENTS TO THE LAND DEVELOPMENT ORDINANCE PERTAINING TONAJ'URAL GAS TRANSMISSION PIPELINESThis Ordinance will amend Article V of the Land Development Ordinance (Zoning- Ordinance) toprohibit natual gas transmission pipelines in the R-I One and Two Family Housing, R-2Multi-'Family Attached, R-3 Multi-Family Mid-Rise, P/O Parks/Open Space, and M Medical zones. '

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    i 1/6/10Amendments to Article V of the Jersey City Land Development Ordinance

    Material indicated by strikethrough like tliis is existing material that is intended to be deleted.Material indicated by bold italic like this is new material that is intended to be enacted.345-40. R-l ONE AND TWO FAMLY HOUSING DISTRICTA. No ChangeB. Permitted principal uses are as follows

    i. One family dwellngs2. Dwellings with two dwelling units3. Houses of worship ,4. Parks and playgrounds5. Essential services6. Schools7. Governental uses8. Conversions of first flor commercial to a single residential unt per commercial unit

    converted, in addition to and regardless of the number of existing residential units(Provided, however, that the original storefront character including windowconfguration shall be maintained or restored as per the 1938 Tax Assessor's Photo).

    9. Assisted living residencesi O. Nursing homesi i. Senior housing '"i 2; Public Utilities, except that natural gas transmission lines shall be prohibited

    C. NoChange,D.NoChangeE. No ChangeF. No ChangeG, No Change,H. No Changei. No ChangeJ. NoChangeK. NoChangeL.NoChangeM.NoChange

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    i 1/6/10,-1 Amendments to Article V of the Jersey City Land Development Ordinance

    Materialindicated by strikethrough like this is existing material that is intended to be deleted.Material iiidicated by bold italic like this is new material that is intended to be enacted.345-41. R-2- Multi-Family Attached Housing (four stories or less) District

    A. No ChangeB. Permitted principal uses are as follows:

    1. Townouses2. Houses of worship'3. Parks and playgrounds4. Essential services5. Schools6. Governental uses7. Along Palisades Avenue only, retail sles of goods and services and office uses on

    ground floor with aparments above8. Conversions of 1st floor commercial to a residential unit

    , 9. Assisted living residences10, Nursing homes11. Senior housing12. Public Utilities, exceptthat natura/gas transmission lines shall be prohibitedC. No ChangeD. No Change'E. No ChangeF. No ChangeG. No ChangeH. No ,Change

    , i. No Change

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    11/6/10Amendments to Article V of the Jersey City Land Development Ordinance

    Material indicated by strikethrough like this is existing material that is intended to be deleted.Material indicated by bold italic like this is new material that is intended to be enacted.345-42. R-3- MULTI-FAMILYMID-RlSEDISTRlCTA. No ChangeB. Permitted principal uses are as follows:

    -1. Mid-rise aparment buildings. (see 345-6 for definition)2. Townouses with no less than three dwellng units3. Three and four f.ily detached dwellngs4. Houses of worship5. Parks and playgrounds6. Essential services7. Schools8. Governental uses9. Offce uses, including medical offices for no more than two practitioners, as par ofthe ground floor of mid-rise aparment buildings alqng John F. Kennedy Boulevard10. Assisted living residences11. Nursing homes12. Senior housing13. Public "Utilities, except that natural gas transmission lines shall be prohibited

    C. No ChangeD. No ChangeE. No ChangeF. No ChangeG. No ChangeH. .Ba Bulk and Parking Standards for Houses of Worship, schools and governental uses., SeeR-I Bulk and Parking Stadards.1. No ChangeJ. No Change

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    1116/10Amendments to Article V of the Jersey City Land Development Ordinance

    Material indicated by strikethrough like this is existing material that is intended to be deleted.Materii indicated by bold italic like this is new material that is intended to be enacted.345-55.P/OS Harks/Open Space District

    A. No ChangeB. Permitted principal uses are as follows:

    1 ~ Parks and Playgrounds2. Public Utilities, except that natural gas transmission lines shall be prohibitedC. No ChangeD. No Change

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    11/6110Amendments to Article V of the Jersey City Land Development Ordinance

    Material indicated by strikethrough like this is existing material that is intended to be deleted.Material indicated by bold italic like this is new material that is intended to be enacted.345-53. M Medical District

    A. No ChangeB. Permitted principal uses are as follows:

    C.D.

    1. Hospitals2. Medical offices3. Ambulatory care facilities4. Offices5: Diagnostic centers6. Rehabilitation centers7. Assisted living residences8. Nursing hmes9. Senior Hosing10. Public Utilties, except that naturalgas transmission'iines shall be prohibited

    \No ChangeNo Change