ordinance - jersey city

City Clerk File No. Ord- 13-049

Agenda No. 3-A 1st Reading

Agenda N0. ’q· 2nd Reading & Final Passage O

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· ORDINANCE 9 *<

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,52 OF |sr ]ERSEY CITY, N.],

COUNCIL AS A WHOLE offered and moved adoption of the following ordinance:

A CITY ORDINANCE ]_3-g4g_

TITLE ORDINANCE DEDICATING THATTHE INTERSECTION OF 5*** STREET AND MANIIA AVENUE ALSO BE KNOWN AS ‘

Edgcva Sanchez Sm. way WHEREAS, Edgar Sanchez was born on April 21, 1949 in Florida, Puerto Rico to Evangelista Jimenez and Eliezer Sanchez Sr. At three months old, Edgar, his oldest brother Eliezer Sanchez Jr. and parents in pursuit of a better life, journeyed to

the United States where they began their new life in Manhattan, New York. Edgar attended BookerT. Washington School throughout grade school. _His family relocated to Jersey City and Edgarattended Ferris High School; and

WHEREAS, Edgar Sanchez was drafted into the military at the age of 18. He was inducted on, September 5, 1968 and · was granted an Honorable Discharge 2 years later on the September4, 1970. Edgarfought on foreign soil of the Republic

of Vietnam. He battled heroically, honorably and proudly alongside the men of Recon Platoon 2/ 60¤*· Infantry 9ll· Division. Edgar’s unyielding acts of bravery, love for his country and the welfare of his much loved and respected fellow comrades during his horrific year of combat in Vietnam earned him several prestigious medals, such as the Vietnam Senrice Medal with Bronze Sewice stars; Republic of Vietnam Campaign Medal; National Defense Service Medal; Army Commendation

Medal with Oak Leaf Cluster and Valor Device; Purple Heart; Air Medal; Bronze Star MedaI(the fourth highest-ranked armed forces award);Vietnam Cross of Gallantry with Palm; Combat Infantryman Badge; Expert(RifIe) and Expert K-GOMG; and

WHEREAS, Edgar Sanchez returned to civilian life and resumed his previous occupation as a Bookbinder Machine 0peratorSupervisor at Ay-One Book Bindery Inc. in Manhattan, NewYork, where he worked for more than 34 years; and

WHEREAS, Edgar Sanchez was a loving, supportive father, grandfather, family man. He married Nancy Rolon, a teacher in the Jersey City School System on December 30, 1972 and was an extraordinary, devout husband committed to marriage for 39 years. The loving couple raised three phenomenal children; Edgar Sanchez Jr., Saraida Sanchez and Samuel Sanchez in the Downtown section of Jersey City in Villa Borinquen. Edgar Sr. was also the proud grandfather of Ashlee, Aliyah, Alyssa, Alexia and Jailyn; and

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WHEREAS, Edgar Sanchez Sr. was a man of great integrity, faith and good will. He instilled in everyone he touched to be the best and do the best to their ability, whateverthe endeavor may be. Edgar spent many years coaching and mentoring many neighborhood children in the Roberto Clemente Little League just a block away at the Roberto Clemente Field located on 6lh Street; and

WHEREAS, Edgar Sanchez Sr. loved his country. He loved life and lived it his way till his peaceful passing surrounded by his loving family and friends on April 4, 2012. His legacy ofjoy, laughter and celebration of life lives on through all who had the pleasure of knowing him.

NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the City of Jersey City deems it fitting and proper to . dedicate that the intersection of 5l*· Street and Manila Avenue also be known as Edgar Sanchez Sr. Way.

A. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. B. This ordinance shall be a part of the Jersey City Code as though codified and fully set forth therein. The City

shall have this ordinance codified and incorporated in the official copies ofthe Jersey City Code. C. This ordinance shall take effect at the time and in the manner as provided by law. D. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed to change any

chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in orderto avoid confusion and possible accidental repealers of existing provisions.

G:\WPDOCS\'I`OLOND/\\RESOS\RENAMIE\E¢Ig:rr Sanchez Sndocx

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TO LEGAL APPROVED: f . /

Corporation ou Busi |ess Adminis ator

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Not Required El_

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()1°d1I1&I1C€ of the C1ty of Jersey C1ty, NJ. ORDINANCE Mo. gid 13-gAg

O9 YERSQP TITLE 5, A . APR 2 It 2013 GLA. MAYP 08 2013 AT|O‘

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Ordinance dedicating that the intersection of 5‘*‘ Street T|;| and Manila Avenue also known as Edgar Sanchez Sr.

gy Way. ·

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RECORD or c0uMcM. vore oM rMrnonucnoM couMcru>EnsoM AYE MAY M.v ICOUNOILPERSON AYE MAY M.v |couMcru>ERsoM AYE MAY M.v

S¤PP¤LA~¤ KKKIGAUGPPAM KKKIPPPPMMAM 111 DOMPPPLLP IIZXI FULOP M 11lLAvAP<P¤_ IUK1 Lopez m--IRICHARDSON ,46; ,-.;-7/| COLEMAN “-- ./ Indicates Vote

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NV-Not Voting (Abstain)

RECORD or couucrt vote ro cross Pursue HEARING J

MAY U 8 |U 3 -0 Councilperson K/CH A~LD5c MJ moved, seconded by Councilperson g£EA/AJ/t N n

to close RH.

COUNCILPERSON AYE MAY M.v |couMcitE·eesoM AYE MAY M.v |couMc1LPensoM AYE MAY M.v

sorroI.AMo ml GAUGHAN A ~ Em al BRENNAN ./ IK PDOMMPILY lH11I FULOP IHK PAvAP<P<¤ J 11 LOPEZ IZKXI PLOPAPOOON |OOLEMPN IRIX J Indicates Vote ‘

N.V—Not Voting (Abstain)

neconn or ccuMcrL von; 0M AMENDMENTS, rr ANY Councilperson moved to amend* Ordinance, seconded by Councilperson & adopted COUNCILPERSON AYE MAY M.v |couMcrrr>ERsoM AYE MAY M.v |couMcru¤EnsoM AYE MAY M.v

SOVOLANO XIII GAUGHAN KKKIBPPMMAM 111 DONNELLY KKK! FULOP 111 LLAVARRO 111 LOPEZ PLOHAPOOON `COLPMAM ./ Indicates VoteN.V-Not

Voting (Abstain)

RECORD or FINAL couMcM von; U , I ; | 9 -0 COUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY Mv S¤PP¤LA~¤ IHKKI GAUGHAM |S6 T |BRPMMAM

DONNELLY X11! POLOP |‘LAVAPPO KKK LOPEZ M III P·¤PPPLPP¤S<>~ X11!| LPMAPP ·/ 11 / Indicates VoteN.V-Not

Voting (Abstain)

Adopted on first reading of the Council of Jersey City, N.J. on 2 Q 2||]3

Adopted on second and final reading after hearing on 8

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municipal Cou 'I at its eting on 8

Robert Byr ,City Clerk Petey- M_ Brennan, Council President

*Amendment(s): Date;

APPROVED:

I

Je ramiah 'IZ aly, Mayor

I3 2013 Date

I

T

MAY 09 2nis Date to Mayor

City Clerk rue No. Ord- 13*051

3 · C 1 r ri rr Agenda No. s ea ing

€ XERSG . Agenda No. 2nd Reading & Final Passage O J`

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ORDINANCE “

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Yy OF ».~,,Om, at

]ERSEY CITY, N.], COUNCIL AS A WHOLE

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offered and moved adoption of the following ordinance:I

CITY ORDINANCE 13-051

TITLE: ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY .IERSEY CITY AMENDING THE SAINT FRANCIS HOSPITAL REDEVELOPMENT PLAN TO CHANGE THE NAME TO HAMILTON SQUARE REDEVELOPMENT PLAN AND TO REVISE DEVELOPMENT STANDARDS

WHEREAS, the Municipal Council adopted the St. Francis Hospital Adaptive Re-Use Redevelopment Plan on April 26, 2006 via Ordinance 06-052, and

WHEREAS, substantial redevelopment has taken place in the area since the plan’s adoption leaving no trace of the abandoned hospital visible to new comers to the area; and

WHEREAS, the pedestrian extension of Pavonia Avenue to McWilliams Place and Hamilton Park deserves the support of a new name fitting for the new neighborhood square and the proposed amendment is minor in nature and chiefly altering the bulk and height ofthe Hamilton Sq. South building and allows rehabilitation ofthe garage; and

WHEREAS, the Planning Board of Jersey City, at its meeting of April 16, 2013, reviewed this amendment, found there to be many advantages to the proposed amendment, and unanimously recommended that the Municipal Council adopt the amendment as proposed; and

WHEREAS, a copy ofthe Proposed amendments to the St. Francis Hospital Redevelopment Plan, dated March 27, 2013 is attached hereto, and made a part hereof, and is available for public inspection at the office ofthe City Clerk, City Hall, 280 Grove Street, Jersey City, NJ.

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council ofthe City of Jersey City that the proposed Amendments and Map revisions, attached hereto, as Recommended by the Jersey City Planning Board on April 16, 2013 be, and hereby is, adopted.

BE IT FURTHER ORDAIN ED THAT: A. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. B. This ordinance shall be a part ofthe Jersey City Code as though codified and set forth fully herein. The City

Clerk shall. have this ordinance codified and incorporated in the official copies ofthe Jersey City Code. C. This ordinance shall take effect at the time and in the manner as provided by law. D. The City Clerk and the Corporation Council be and they are hereby authorized and directed to change any

chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible repealers of existing provisions.

E. The City Planning Division is hereby directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the Hudson Cotmty Planning board and to all other persons entitled thereto pursuant to N.J.S. 40:55D-15 and N.J.S. 40:55D-63 (if required). Upon the adoption of this Ordinance after public hearing thereon, the City Clerk is directed to publish notice ofthe passage thereof and to tile a copy ofthe Ordinance as finally adopted with the Hudson County Planning Board as required by N.J.S. 40:55D- 16. The clerk shall also forthwith transmit a copy of this Ordinance after final passage to the M ` `

I Tax Assessor as required by N.J.S. 40:49-2.1.

EE.

Robert D. Cotter, PP, FA P, Director‘

APPROVED AS TO LEGAL FORM APPROVED: · · · · ·

APPROVED: lr) gg _, orporation Counsel Busi ess Administrator

Certification Required EII

W

Not Required El

Date Submitted to B.A. ORDINANCE FACT SHEET

1. Full Title of Ordinance:

ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY AMENDING THE SAINT FRANCIS HOSPITAL REDEVELOPMENT PLAN TO

. CHANGE THEVNAME TO HAMILTON SQUARE REDEVELOPMENT PLAN AND TO ‘·

REVISE DEVELOPMENT STANDARDS

2. Name and Title of Person Initiating the Ordinance, etc.:

Carl S. Czaplicki, Director, Department of Housing, Economic Development, and Commerce

3. Concise Description of the Plan Proposed in the Ordinance:

·/ Change the Name from St. Francis Hospital Redevelopment Plan to Hamilton Square Redevelopment Plan. ~’ Amend Maps 4a & 4b to adjust building height by making it lower but more uniform throughout. Y Allow for the garage parking to be in new construction or a rehabilitated building. V Allow schools as a permitted use within the plan area

4. Reasons (Need) for the Proposed Program, Project, etc.:

Slighti altering of the development standards to best meet tl1e needs of this fast growing neighborhood by accommodating school, parking and Modern architectural design needs.

5. Anticipated Benefits to the Community:

_ Advancement of private investment in the Redevelopment Area and continued implementation of the redevelopment plan.

6. Cost of Proposed Plan, etc.: _

I

$0.00 all work performed in house

7. Date Proposed Plan will commence:

Upon approval A

8. Anticipated Completion Date: N/A

9. Person Responsible for Coordinating Proposed Program, Project, etc.:

Robert D. Cotter, PP, FAICP Director, City Planning 547-5050 Maryann Bucci-Carter, PP, AICP . 547-4499

10. Additional Comments: None I Certify thatlall the Facts Presented Herein are Accurate.

J Div'€i n Direct r

, r Date xi

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Gy {C <~ 27 D artment ire r Signature Date

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• . Or mance 0 t e C1ty o ]ersey C1ty, N.],I

ORDINANCE Mo. Om IMS] _ 9 ¥ERc€TA

TITLE 3.C. APR 2 AI 2013 Ok 6; MAY 0 8 2013

Aj Ordinance of the Municipal Council ofthe City of Jersey |-|;|j City amending the Saint Francis Hospital Redevelopment O ‘

. O]? SQ)? an to change the name to Hamilton Square JAORATB Redevelopment Plan and to revise development standards.

RECORD or COUNCIL VOTE 0M INTRODUCTION * ‘ ° I

I 8 ~ 0 COUNCILPERSON AYE MAY My

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couMcILr>EnsoM AYE MAY My ICOUNCILPERSON AYE MAY My SOTTOLANO KKK! GAUGHRN A / K1! BAENNAN / 11 BBNNEAIY KKK! EOAAAB |AAANABAB ·/ 11 LOPEZ u--| RICHARDSON /;,55 A/1’Q| oLEMAM .

/ Indicates Vote N.V—Not Voting (Abstain)

RECORD or COUNCIL VOTE ro CLOSE Pueuc HEARING"

_, L I 3 2013 8*-Q

Councilperson gl CAIAKDSGN moved, seconded by Councilperson `QONM€LLj to close RH.

COUNCILPERSON AYE MAY My |

couMcItPEns0M AYE MAY My ICOUNCILPERSON AYE MAY My S¤rr¤AAN¤ KKK! GRUGHRN KI BBENNAN o0MMEttY K--I FOAOR / |ARVRRRO ·/ I1 LORRZ X11! RIORRROOOR »/ |`ULEMAN IK11 / Indicates Vote ;·,·71¤{,5oN |v'P~G FLETCHE ‘ GGM/SH ME ’ N.V—NotVoting (Abstain)

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RECORD OF COUNCIL VOTE 0M AMENDMENTS, IF AMY

Cotincilperson moved to amend* Ordinance, seconded by Counciiperson ~ & adopted

COUNCILPERSON AYE MAY My |

c0uMcILPEns0M AYE MAY Mov ICOUNCILPERSON AYE MAY My SBTTBAANB X11! GAANBNAN |BBENNAN BBNNEAAY X11! ROAOR X11!| AAVARRO 111 LOPEZ X11! RICHARDSON X11!| OO!-{MRR 111 ./ Indicates Vote

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RECORD oI= EIMAI. councn VOTE U L I ;

COUNCILPERSON AYE MAY My ICOUNCILPERSON AYE MAY My |COUNC|LPERSON'

AYE MAY My

E»Brr¤AANB KKK! GANBNAN BRENNAN — 00MMELtY IHQQI ENAOB |AANANRB @11

AOBEB X11! B·¤NAB¤BBN X11!| COLEMAN $11 J Indicates VoteNV-Not Voting (Abstain)

Adopted on first reading of the Council of Jersey City, N.J. on 2

_ _ _ MAY 0 8 2013 Adopted on second and final readrng after hearing on

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municipal unc@ts meeting on

Robe/ Byrne, City Clerk Pt-3t€Y` M. BPQHHBH , C0u¤Ci| President

*Amendment(s): T

Datei

APPROVED:

Jerramiah I H y, Mayor

MA 1 32013

Date

AY 09 2013 Date to Mayor

M

_ City Clerk File Ne. Ord- 13·052

Agenda NO- 3. D Ist Reading

9 XERSG Agenda Ne. ‘f. C. 2nd needing & Final Passage O_

· 8* a|rttxtid I

ml/”I”//w Q, I1 N pgbef e

ORDINANCE ’f

Oo `| ry OF

]ERSEY CITY, N,]. COUNCIL AS A WHOLE offered and moved adoption of the following ordinance:


TITLEZORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTING AMENDMENTS TO THE NEWARK AVENUE DOWNTOWN REDEVELOPMENT PLAN

WHEREAS, the Municipal Council of the City of Jersey City, adopted the Newark Avenue Downtown Redevelopment Plan at its meeting of September 24, 2008; and

WHEREAS, the Municipal Council seeks to advance and promote mixed use construction within the Newark Avenue Downtown Redevelopment Plan; and

WHEREAS, a copy of the amended text is attached hereto and made a part hereof, and is available for public inspection at the Offices of the City Clerk, City Hall, 280 Grove Street, Jersey City, NJ; and

WHEREAS, the following amendments to the Newark Avenue Downtown Redevelopment Plan have been reviewed by the Jersey City Planning Board at its meeting of April 16, 2013; and

WHEREAS, the Planning Board voted to recommend adoption of these amendments by the Municipal Council;

_

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that the recommended amendments to the Newark Avenue Downtown Redevelopment Plan be, and hereby are, adopted.

, BE IT FURTHER ORDAINED THAT:_

A. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. B. This ordinance shall be a part of the Jersey City Code as though codified and set forth fully herein. The City

Clerk shall have this ordinance codihed and incorporated in the official copies of the Jersey City Code. C. This ordinance shall take effect at the time and inthe manner as provided by law. D. The City Clerk and the Corporation Council be and they are hereby authorized and directed to change any

chapter numbers, article numbers and section numbers inthe event that the coditication of this ordinance reveals that there is a conflict between those numbers and the existing code, h order to avoid confusion and possible repeaters of existing provisions.

E. The City Planning Division is hereby directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the Hudson County Planning board and to all other persons entitled thereto pursuant to N.J.S. 40:55D-15 and N.J.S. 40:55D-63 (lf required). Upon the adoption of this Ordinance after public hearing thereon, the City Clerk is hereby directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Hudson County Planning Board as required by N.J.S. 40:55D-16. The clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Municipal Tax Assessor as required by N.J.S. 40219-2.1.

Robert D. Cotter, PP, FAICP, Director of Planning

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.»/-C {X AREROVED M APPROVED;

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·: "<"`“i{ Appnoveo; ,*

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Business Adrpihistrator.

y-Esta Certification Required EI

Not Required III

4

Date Submitted to B.A.

I

ORDINANCE FACT SHEET

1. Full Title of Ordinance/Resolution/Cooperation Agreement:

ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTING AMENDMENTS TO THE NEWARK AVENUE DOWNTOWN REDEVELOPMENT PLAN ‘

2. Name and Title of Person Initiating the Ordinance, Resolution, etc.: _

I

Carl S. Czaplicki, Director, Department of Housing, Economic Development, and Commerce _

.

3. Concise Description of the Program, Project or Plan Proposed in the Ordinance/Resolution:

4 The amendment will adopt new bulk standards for portions ofthe redevelopment plan area. The amendment will also add to the list of permitted uses and clarify various design requirements and bonus

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provisions. ·

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To accommodate the consolidation of various lots into a single development site.

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. 5. Anticipated Beneiits to the Community:

Development of attractive mixed use construction in a transit accessible location .

6. Cost of Proposed Program, Project, etc.:I

No expense to the city. All work dme by in house staff '

7. Date Proposed Program or Project will commence:

Upon approval of the redevelopment plan amendment.

8. Anticipated Completion Date: N/A

9. Person Responsible for Coordinating Proposed Program, Project, etc.:

Robert D. Cotter, Director, City Planning 547-5050

i

Jeff Wenger, City Planning ‘

547-5453_

10. Additional Comments: None

A

_

I Certify that all the Facts Presented Herein are Accurate.

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/5; rf Division irector

20G Q7/€'.·7?Department Director Signature

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_ O1‘d1112lI1C€ of t e C1ty of jersey Crty, NJ. ORDINANCE Mo. Ord- 13*052

. 9 TERs€}* so APR 2 A zum 44;. MAY 08 2013 TITLE:

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Ordinance ofthe Mun1c1pal Councrl of the City of Jersey ‘

ky City adopting amendments to the Newark Avenue Downtown Redevelopment Plan. ·

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nzcono OF c0uMc!L VOTE 0M INTRODUCTION COUNCILPERSON AYE MAY M.v |couMc!u>EnsoM AYE MAY MM |c0uMc!ti>EasoM AYE MAY Mv SOTTOLANO / 2-| eAuc!—!AM ,/ !-I BRENNAN ./ OONNOLLY M Z1! FULOP M X1! LANARAO M $1 LOPEZ M Z1! RLONAROOON Mw |COLEMAN! X11 ./ Indicates VoteN.V-Not

Voting (Abstain)

RECORD or COUNCIL VOTE ro CLOSE Punuc HEARING L, L i ; I 8 ·0

Councilperson Qlf/WUA U moved, seconded by Councilperson LA NO to close RH.'

COUNCILPERSON AYE MAY Mv |COUNCILPERSON AYE MAY M.v |COUNCILPERSON AYE MAY MM OONTOLANO XXII GRUGHRN |ar KIOAONNAN M 11

_

OONNLLLY [A11! NLLOA K11! LMAAAO M $1 AORRZ X11! RLORAROOON OOLLMAN M 11 M Indicates Vote N.V-Not Voting (Abstain)

necono OF couMcit vorE 0M AMENDMENTS, ir ANY Councilperson moved to amend* Ordinance, seconded by Councilperson & adopted COUNGILPERSON AYE MAY Mv |couMc!teEnsoM AYE MAY M.v |COUNCILPERSON AYE MAY M.v

SOTTOLRNO X11! GAUGHRN X11! BRENNAN `DONNELLY X11! ANLOR 111 LAYARAO 111 LOROZ 1X1! RLORAROOON COLEMAN

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./ Indicates VoteN.V-Not Voting (Abstain)

mscono or FINAL couMcM von; L, L I ; {I]; r -0

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Voting (Abstain)

Adopted on first reading of the Council of Jersey City, N.J. on APR 2 Il 20I3

Adopted on second and tina! reading after hearing on MAY 0 8 2013

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Munrcipa ouncil a its meeting on Q 8 @ 7 ;

Rober yrne, City Clerk Petey- M_' Brennan, Council President

*Amendmer1t(s); Date:

APPROVED:

U? za Jerramiah I y, Mayor

M I 32013

Date

‘

09 20I3 Date to Mayor

MAY

City Clerk File N0. 0rd- 13-053

Agenda No. 3- E ist Reading

Agenda No. ’?" · Q 2nd Reading & Final Passage O (REQ JA ***7 t, wlllllw 0

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JERSEY CITY, N.],


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V CITY ORDINANCE 13-053

TITLE:I ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTIN G AMENDMENTS TO THE LAND DEVELOPMENT ORDINANCE PERTAINING TO SIGNAGE

WHEREAS, the Municipal Council, pursuant to NJ SA 40:55D-62, may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and

`

WHEREAS, the Municipal Council adopted the Land Development Ordinance, Chapter 345 ofthe Code ofthe City of Jersey City, on April 11, 2001, (Ordinance No. 01-042), and several amendments since then; and

WHEREAS, Article V includes Signage Zoning Standards for all districts, which lists several types of prohibited signage; and

WHEREAS, the existing Signage Standards would benefit &om adding a prohibition on signage above the second story of any building other than hotels in order to control excess, inappropriate, and unwanted signage citywide; and

WHEREAS, the Municipal Coimcil, pursuant to NJ SA 40:55D-64, has sought and received the recommendations ofthe Jersey City Planning Board relative to these issues; and

WHEREAS, the Planning Board at its meeting of April 16, 2013 did vote to recommend that the Municipal Council amend the I

Land Development Ordinance Section V as it pertains to Signage; and

WHEREAS, the amendments to the Land Development Ordinance are attached hereto and made a part hereof and are available for public inspection at the Office ofthe City Clerk, City Hall, 280 Grove Street, Jersey City, NJ;

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council ofthe City of Jersey City that the Land Development Ordinance, be and hereby is amended as per the attached document;

BE IT FURTHER ORDAINED THAT:

A. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. :

B. This ordinance shall be a part ofthe Jersey City Code as though codified and set forth firlly herein. The City Clerk shall have this ordinance codified and incorporated in the official copies ofthe Jersey City Code. C. This ordinance shall take effect at the time and in the manner as provided by law. D. The City Clerk and the Corporation Council be and they are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible repealers of existing provisions. E. The City Plamring Division is hereby directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the Hudson County Planning board and to all other persons entitled thereto pursuant to N.J.S. 40:55D—15 and N.J.S. 40:55D-63 (if required). Upon the adoption of this Ordinance after public hearing thereon, the City Clerk is directed to publish notice ofthe passage thereof and to file a copy ofthe Ordinance as finally adopted with the Hudson County Planning Board as required by N.J.S. 40:55D—16. The clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Municipal Tax Assessor as required by N.J.S. 40:49-2.1.

Robert D. Cotter, FAICP, PP, Director Division of City Planning

APPROVED AS TO LEGAL FORM APPROVED: L,}|(

·

L " A- Appnoveo; \

_ _ »"'Al

Corpo ioHCouns / Business Administrator ' ` '

Certificatio equired III

Not Required El

Date Submitted to B.A. ORDINANCE FACT SHEET

1. Full Title of Ordinance:

ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTING AMENDMENTS TO THE LAND DEVELOPMENT ORDINANCE PERTAINING TO SIGNAGE

2. Name and Title of Person Initiating the Ordinance, ctc.:_

Carl Czaplicki, Director, Department of Housing, Economic Development, and Commerce

3. Concise Description of the Plan Proposed in the Ordinance:

This Ordinance will amend Article V ofthe Land Development Ordinance (Zoning Ordinance) to modify . the Signage Standards prohibit signs above the second floor of any building other than hotels.


Signage is undesirable on upper stories and along rooflines.

5. Anticipated Benefits to the Community:

This ordinance will help ensure appropriate and attractive signage.

. 6. Cost of Proposed Plan, etc.: None

7. Date Proposed Plan will commence: Upon approval

_

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8. Anticipated Completion Date: N/A'

9. Persons Responsible for Coordinating Proposed Program, Project, etc.:

Carl Czaplicki, Director, Dept of HEDC Robert D. Cotter, City Planning Director

Nick Taylor, Acting Director, Division of Zoning ‘ ‘

10. Additional Comments: None

I Certify that all the Facts Presented Herein are Accurate.

Division Director Date -

WA l "1 1 1

*1

Department D re tor Signature Date

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G:\Land Development Ordinance Amendmerns\AnicI•: V\Signs\Z0l3 Building T¤ps\For ccuni:il\Signagc Fact ShccI,d¤c

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Ordinance of the City of jersey City, N.], ORDINANCE Mo. OAd·13‘O53

AY G8 2013 O9 IERSGP < · ‘ `

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5.r.. APR 2 Al 2013 m,I”,,,,?Q

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Ordinance of the Municipal Council of the City of Jersey Q ee|.| Ag}

City adopting amendments to the Land Development Ordinance pertaining to signage.

Aeeoau oe councn vore on inrnonuction councltpeeson AYE MAY M.v |councIu>eRsoM AYE MAY Mm |COUNCILPERSON AYE MAY M.v

OOPEOEANO ONNONAN u--IBRENNAN / 11 OONNEEEY / XXI FULOP ~/ KZIEANARRO IH11 Lopez “--| RICHARDSON ,45 |5 I |COLEMAN “-- J Indicates Vote N.V—N0t Voting (Abstain)

neconn oe councn vote ro cwse eunuc Memnne _, I I I I gw

Councilperson LA E/AP-@0 moved, seconded by Councllperson ScT`?fO»..ArJ 0 to close RH.

counciteenson AYE MAY M.v |councMeensoM AYE MAY M.v |couMcIm>eMsoM AYE MAY n.v

OOPPOEANO XIII GAOGNNN A |{MII BRENNAN OONNEEEY IIKKI POLOP / |LAVARRO LOPEZ 1111 RLORAROOON / |OOLENAN KKK / Indicates Vote N.\L—N0t Voting (Abstain)

neconn oe councn vote on AMENDMENTS, ie ANY

Councilperson moved to amend* Ordinance, seconded by Councilperson & adopted

councrteeeison AYE MAY M.v ICOUNCILPERSON AYE MAY M.v |_couMcIu¤eRsoM AYE MAY M.v

SOTTOLANO X11! GAUGHAN X11! BRENNAN ·

oonnettv ---I ELLLOR |LAVARRO I-- LOREZ XXII RLORAROOON XXII| LEMAN 111 ./ Indicates Vote NV-Not Voting (Abstaln) ·

~

neconn oeeinmcouncmvore _, I I I I 5*43

COUNCILPERSON AYE MAY M.v |couMcMe>ensoM AYE MAY n.v |counciteenson AYE MAY M.v

EOPPOEANO E1-IGAOGNAN A |6N KIBPENNAN 111 OONNEEEY IHKKI POLOP LAVARRO

I IHKK LOPEZ I IHIXI NONAPEOEON I¤11I|EEMNN- HIL ./ Indicates Vote

‘


Adopted on first reading of the Council of Jersey City, N.J. on 2 ll

Adopted on second and final reading after hearing on8

This is to certify that the foregoing Ordinance was adopted by APPRO D:

the Municipal C cil atgeeting on [] 8

V`] wa`U

Robert r e, City Clerk I Gtei" M- bY`€m7€m,' ,Council President

*Ame¤amemIsI; Date: MAY UQ 2ll]3 APPROVED:

`

Jerramiah 'I1 Healy éyor

MAY 1320iI

Date

MAY 09 20|3 Date to Mayor

City Clerk nie NO. 0r‘<i· 13-054

A ndaN. 3.F 1tR d' ge 0

I

s ea lng XERSG

Agenda No. ’·/1 EI 2nd Reading & Final Passage O ft

o H Quit ·|‘ Wm?

:1,

ORDINANCE F *"

Oo I

ry OF EPORATE gh

JERSEY CITY, N,]. COUNCIL AS A WHOLE offered and moved adoption of the following ordinance:


TITLEORDINANCE AUTHORIZING THE EXECUTION or A DEED or CONSERVATION EASEMENT FOR THE PROPERTIES LOCATED AT BROADWAY AND SIP AVENUE AND IDENTIFIED AS BLOCK 1627, LOTS 1.P, 2.A, 3.B, 5.A AND BLOCK 1639.A, LOTS 1.C, 3, 4, 4.C, 6.A, 7, COLLECTIVELY KNOWN AS THE HACKENSACK RIVER WATERFRONT PARK ACQUISITION PROPERTY

COUNCIL offered and moved adoption of the following Ordinance:

WHEREAS, the City of Jersey City (City) is the owner of certain land designated as Block 1627, Lots 1.P, 2.A, 3.B, 5.A and Block 1639.A, Lots 1.C, 3,4,4.C, 6.A and 7, located between Broadway and Sip Avenue, collectively known as the Hackensack River Waterfront Park Acquisition [the Property]; and'

WHEREAS, the Property will be designated on the City’s Recreation and Open Space Inventory (ROSI); and

WHEREAS, the County of Hudson provides grants to municipal governments for assistance in the development of lands for outdoor recreation and conservation purposes from the County’s Open Space Trust Fund; and

WHEREAS, Resolution 09-990, approved on December 16, 2009 authorized the City to execute a Grant Agreement with the County of Hudson to accept funds in the amount of$1,125,000.00 from the County Trust Fund for purposes of increasing the availability of recreational resources at the

Property; and

WHEREAS, as a condition of the Grant Agreement dated August 16, 2011, the County of Hudson requires the City to execute a Deed of Conservation Easement (Easement) to assure that the Property be preserved and maintained in its natural and open space condition and to prevent any use of the

Property that will significantly impair or interfere with the conservation values ofthe Property; and

WHEREAS, the dimensions and terms of the Easement are described in the Deed of Easement including a metes and bounds description, attached hereto as Exhibit A; and

WHEREAS, the City intends that this Easement will confine the use of the Property to such activities as are consistent with the purpose of this Easement; and

WHEREAS, the County of Hudson agrees to maintain the Property in a manner that is consistent with the use of the property as pro_vided for in the Deed of Conservation Easement; and

WHEREAS, N.J.S.A. 4OA:12—4 and N..l.S.A. 40A: 12-5 permit the City to convey by ordinance, a Deed of Conservation Easement to the County of Hudson; and

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that:

0 2 0 1 3 0 s 1V

Continuation of City Ordinance `hrubq

, page 2

ORDINANCE AUTHORIZING THE EXECUTION OF A DEED OF CONSERVATION EASEMENT FORTHE PROPERTIES LOCATED AT BROADWAY AND SIP AVENUE AND IDENTIFIED AS BLOCK I627, LOTS l.P, 2.A, 3.B, 5.A AND BLOCK l639.A, LOTS l.C, 3, 4, 4.C, 6.A, 7, COLLECTIVELY KNOWN AS THE HACKENSACK RIVER WATERFRONT PARK ACQUISITION PROPERTY

i

l. Subject to such modifications as deemed necessary or appropriate by the Business

Administrator or Corporation Counsel, the Mayor or Business Administrator is hereby authorized to execute the Deed of Conservation Easement attached hereto granting the

County of Hudson a conservation easement for Block 1627, Lots l.P, 2.A, 3.B, 5.A and `

Block 1639.A, lots l.C, 3,4,4.C, 6.A and 7, located between Broadway and Sip Avenue,

collectively known as the Hackensack River Waterfront Park Acquisition to assure that the Property be preserved and maintained in its natural and open space condition consistent with

_

· the terms of the Deed of Conservation Easement, attached as Exhibit A; and

2. Subject to review and approval by Corporation Counsel, execute such other documents

which may be necessary to effectuate the purposes of this ordinance.

3. All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

A

4. This Ordinance shall be a part of the Jersey City Code asthough codified and fully set forth

therein. The City Clerk shall have this ordinance codified and incorporated in the official copies ofthe Jersey City Code.

5. This Ordinance shall take effect at the time and in the mamier as provided by law but in no

event prior to the adoption of the Ordinance approving the Morris Canal Redevelopment

Plan.

- 6. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the

codification of this Ordinance reveals that there is a conflict between those numbers and the

existing code, in order to avoid confusion and possible accidental repealers of existing

provisions.

NOTE: All material is new; therefore, underlining has been omitted.

_

For purposes of advertising only, new matter is indicated by bold face and repealed matter by italic.

IW//1e

04/1 7/13

F| Appaovi Appaoveo; » < .

‘ * i Crm/\ l Corporation Counsel

Q Businessg dministrator

Certification Required E1

Not Required U

O I O

()1’d111&IlC€ of the C1ty of ]ersey C1ty5 N.]. ORDINANCE Mo. Ord- 1*054

Q YERSG 5,F APR Z it 2013 4:12. MAY 08 2013

TITLE: A, O I-< \ / "‘

idmance authorizing the execution of a deed of conservation Q easement for the properties located at Broadway and Sip Avenue and identified as Block 1627, Lots l.P, 2.A, 3.B, 5.A OO

|*“i‘°$” {Y

and Block l639.A, Lots l.C, 3, 4, 4.C, 6.A, 7 collectively QIJORATE 5%

known as the Hackensack River Waterfront Park acquisition property.

nizconn or couMciL vorE 0M imnooucriou · ° • mg 3 ~O c0uMciu=eRsoM AYE MAY M.v |COUNCILPERSON AYE MAY M.v |couMciLPens0M AYE MAY MV SOTTOLANO / --| GAUGHAN /4 --| BRENNAN / -2 DONNELLY / 11 FOAOP $$1| LAYARRO IHKX LOPEZ X11! RIORAROSOM 46 |EM 1 COLEMAN X11 ./ Indicates VoteN.V-Not Voting (Abstain)

neconn or c0uMciL ver: ro CLOSE i=uni.ic iimiue U y (] 8 2013 8-0 Counciiperson LA W1 ·¢/LG moved, seconded by Councilperson ;@¢’»O F . to close RH.

couMciu¤Ei=is0M AYE MAY M.v |COUNCILPERSON AYE MAY NM |couMciLi>EnsoM AYE MAY Mv SOTTOLANO ml GAUGHAM 5 |5 |-1 BRENNAN ./ -- »¤¤~iirnY UA1] MOP if $1 LRVRRR0 / $1 LOPEZ u--| niciiARosoM |_'COLEMAN n-- / Indicates Vote N.V-Not Voting (Abstain)

neconn or councit v0rE 0M AMENDMENTS, ir ANY

Counciiperson moved to amend* Ordinance, seconded by Councilperson 8. adopted

couMcitr¤ensoM AYE MAY M.v |couMciu=ERs0M AYE MAY M.v |COUNCILPERSON AYE MAY MV SOTTOLANO --K| GAUGHAN -!-| BRENNAN K-- eoriiienv MOP AAYARRO 111 LOPEZ, _--I RIORAROSON |`c0tEMAM~ --- J Indicates VoteN.V-Not Voting (Abstain)

niacono or FINAL c0uMciL VOTE

couMciu>Ens0M AYE MAY M.v ICOUNCILPERSON AYE MAY M.v |COUNCILPERSON AYE MAY M.v

SOTTOLANO 'l’—1GAUGHAN A |$6 ·T |BRENNAN t/ _! A ¤¤~~w III] FOLOP |iiAvARR¤ / $1 Lopez “--| RICHARDSON u-- COLEMAN “-Q ./ Indicates VoteN.V-Not Voting (Abstain)

Aeepreu on first reading ofthe Council er Jersey City, M.J. on APR 2 't 2013

Adopted on second and final reading after hearing on MAY U 2013

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municip ouncil Kits meeting on

_

-

Ftober yrne, City Clerk peter- M_ Brennan, ,C0unciI President

*Amendment(s): Datei

APPROVED:

i —Jerramiah

€aIy, Mayor

MAY 1 3 "2013 Date

MAY 09 2013 Date to Mayor

City Clerk FiIeNo. Ord- 13-055

Agenda No. 3*6 lst Reading

Q KERSQ Agenda No, ‘/I. E 2nd Reading & Final Passage

€|°&\\\Imi|;[m”/[FURO e

‘

7 ’ in

ORDINANCE *1

OO ‘| V gy

]ERSEY CITY, N,].



TITLEZORDINANCE AUTHORIZING THE EXECUTION OF A DEED OF CONSERVATION EASEMENT FOR THE PROPERTY KNOWN AS BLOCK 1825.A, LOTS A.6 AND A.7, MORE COMMONLY KNOWN AS 91-95 DUNCAN AVENUE (THE BOYD MCGUINESS PARK EXPANSION)

COUNCIL offered and moved adoption of the following Ordinance:

WHEREAS, the City of J crsey City (City) is the owner of certain land designated as Block 1825.1, Lot C 1 , more commonly known by the street address on the City’s Official Tax Assessment Map as 2565 Kennedy Boulevard, also known as the Boyd McGuiness Park which is designated on the

`

City’s Recreation and Open Space Inventory (ROSI); and

WHEREAS, Ordinance 08-013, adopted on March 26, 2008, authorized the City to acquire Block 1825.A, Lots A.6 and A.7, more commonly known by the street address of 91-95 Duncan Avenue, for expansion of the Park [the Boyd McGuiness Park Expansion, hereinafter, the “Propc1ty”]; and

WHEREAS, the Property shall be designated on the City’s ROSI; and

WHEREAS, the Hudson of County provides grants to municipal governments for assistance in the development of lands for outdoor recreation and conservation purposes from the County’s Open Space Trust Fund; and

WHEREAS, Resolution 08-975, approved on December 17, 2008, authorized the City to execute a Grant Agreement with the County of Hudson to accept funds in the amount of $150,000.00 from the County Trust Fund for purposes of increasing the availability of recreational resources at the Property; and

WHEREAS, as a condition of the Grant Agreement executed on August 14, 2008, the County of .

Hudson requires the City to execute a Deed of Conservation Easement (Easement) to assure that the Property be preserved and maintained in its natural and open space condition and to prevent any use ofthe Property that will significantly impair or interfere with the conservation values ofthe Property; and

WHEREAS, the dimensions and terms ofthe Easement are described in the Deed of Conservation Easement including a metes and bounds description, attached hereto as Exhibit A; and

WHEREAS, the City intends that this Easement will confine the use of the Property to such activities as are consistent with the purpose of this Easement; and

I

WHEREAS, the County of Hudson agrees to maintain the properties in a manner that is consistent with the use of the Property as provided for in the Deed of Conservation Easement; and

WHEREAS, N.J.S.A. 40A:12-4 and N.] .S.A. 40A:12—5 permit the City to convey by ordinance,a Deed of Conservation Easement to the County of Hudson; and

*"02oi30s2,_

Continuation of City Ordinance 13;055 , page 2

V

ORDINANCE AUTHORIZING T1-rE EXECUTION OF A DEED OF-CONSERVATION EASEMENT ·

FOR THE PROPERTY KNOWN AS BLOCK 182s.A, LOTS A.6 AND A.7, MORE COMMONLY KNOWN AS 91-95 DUNCAN AVENUE (THE BOYD MCGUINESS PARK EXPANSION) -

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council ofthe City of Jersey City that:

l

l. Subject to such modifications as deemed necessary or appropriate by the Business Administrator or Corporation Counsel, the Mayor or Business Administrator is hereby .

authorized to execute the Deed of Conservation Easement attached hereto granting the County of Hudson a conservation easement for Block 1825 .A, Lots A.6 and A.7, also known as 91-95 Duncan Avenue [the Boyd McGuiness Park Expansion] to assure that the Property be preserved and maintained in its natural and open space condition consistent with the terms ofthe Deed of Conservation Easement, shown in Exhibit A; and

2. Subject to review and approval by Corporation Counsel, execute such other documents which may be necessary to effectuate the purposes of this Ordinance.

3. All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

. 4. This Ordinance shall be a part ofthe Jersey City Code as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official

S

copies ofthe Jersey City Code.

5. This Ordinance shall take effect at the time and in the manner as provided by law but in no event prior to the adoption of the Ordinance approving the Morris Canal Redevelopment Plan.

‘

6. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed . to change any chapter numbers, article numbers and section numbers in the event that the

codification of this Ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.

NOTE: All material is new; therefore, underlining has been omitted. For purposes of advertising only, new matter is indicated by bold face and repealed matter by italic.

IW/he

04/1 7/13

APPROVE|l..F| ' A APPROVEDQ(

_ APPROVED: Ng; Wil, E ;3'\ / Bu§inessA mi Vtrator

O tai Certification Required El

Ti

Not Required El

V

d• • • Or mance of the C1ty of jersey C1ty, NJ. ORDINANCE Mo. Ord 13*255

Q YERSGJA $.6. NPR 20 2013 MAE MAY gg ZIII3 O|

gr

. . . . . A hl

Ordmance authorizing the execution of a deed of conservation O I·<,*

easement for the property known as Block 1825.A, Lots A.6 _ and A.7, more commonly known as 9I-95 Duncan Avenue OO

' *“i*" Qxbf

(The Boyd McGuiness Park Expansion). ’*’1·oRAee 5

RECORD or couucit VOTE 0M INTRODUCTION · ’ ' I 5*-0

GOUNCILPERSON AYE MAY NV ICOUNCILPERSON AYE MAY NV ICOUNCILPERSON AYE MAY M.v

SBNTOAANB IUKKI AANRRAN J. K1! BRRNNAN J 11 DONNELLY J Z1! FULOP / Z1! NANARRO $$1 LOPEZ I/ __] RICHARDSON ,45 ¢,t,»T|‘c0LEMAM un J Indicates Vote N.V·Not Voting (Abstain)

RECORD 0F couMciE vote T0 close eueuc amine _, , I I I _

8-0 Councilperson .§I:>‘r‘7@ LA A/`O moved, seconded by Councilperson to close RH.

couMc!EeERsoM AYE MAY M.v ICOUNCILPERSON AYE MAY Mv ICOUNCILPERSON AYE MAY M.v

B¤BNNAN¤ FIKKI BANGNAN EEAEMKIBRBNNAN J 11 DONNELLY / Z1! RNGB KKK! NANAARO J 11 LOPEZ X11! RIORNRORON IH11 COLEMAN IKKK J Indicates Vote NV-Not Voting (Absfain)

neconb or couucit VOTE uM AMENDMENTS, IF ANY Councilperson moved to amend* Ordinance, seconded by Councilperson & adopted COUNCILPERSON AYE MAY M.v |couMciEr>E!=zsoM AYE MAY Mv |couMc!EPensoM AYE MAY NM B¤NNNAN¤ X11! GANGRAN X11! BRBNNAN |ONNELLY X11! FULOP $1]| LAVARR0 AOBAB 1X1! RICHARDSON 1X1! COLEMAN 111 J Indicates Vote N.V-Not Voting (Abstain)

nEconn or FINAL couucitvore|

__ I I I I g A • COUNCILPERSON AYE MAY NM |couMc!EPeesoM AYE MAY NV |couMc!EeEnsoM AYE MAY NV SOTBANANO KKK! RANGBAN |s e~ |BRBNNAN

DONNEILY HIZKI FULOP R11!| AANARRO J $1 AOBBB IKY-I RNNARBBON IKKKI| ABNAN X11 J Indicates Vote NV-Not Voting (Abstain)

Adopted on first reading of the Council of Jersey City, N.J. on 2 Q

_ _ _ MAY 0 8 2013 Adopted on second and final reading after hearing on

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municipal C eil at its§eeting on U 8 g

Robert By e, City Clerk Peter M_ Brennan , ,CounciI President

*Amendment(s): DHIGZ

. APPROVED:

·

J rramiah ̀IT e ly, Mayor

MAY 3 2013

Date


city clerk File No. 0*‘d· 13*356l

_

Agenda No, 3*H fst Reading

é XERSG Agenda NO, TG. 2nd Reading & Final Passage

¤~ II

ORDINANCE OF

A

°<>»rPORATE

]ERSEY CITY, N.], COUNCIL AS A WHOLE offered and moved adoption of the following ordinance:


T|T|_E; ORDINANCE AMENDING CHAPTER 239 (PARKS) AND CHAPTER 242 (PEACE AND GOOD ORDER) ARTICLE VI (ROLLER SKATES, IN-LINE SKATES, SKATEBOARDS AND BICYCLES) OF THE JERSEY CITY

,

MUNICIPAL CODE

THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY HEREBY ORDAINS:

A. The following amendments to Chapter 239 (Parks) are hereby adopted:

PARKS_

§239~1 through §239-6 No Change

§239-7 - Use of Bicycles

No person in a park shall: -

A. Ride a bicycle on other than a paved vehicular road or path designated for thatA

purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.

BT in i '•

| `i'i

Yi meeting: [| _

I

{·B}§. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.

{HQ, Leave a bicycle lying on the ground or paving, set against trees or in any place or · position where other persons may trip over or be injured by it.

239-8 through 239-17 N0 Change

B The following amendments to Chapter 242 (Peace and Good) Article VI (Roller Skates, In- Line Skates, Skateboards and Bicycles) are hereby adopted:

0 2 o I e

Continuation of City Ordinance 13;056I

, page 2

PEACE AND GOOD ARTICLE VI

Roller Skates, In-Line Skates, Skateboards and Bicycles

§ 242-8. - Helmet use and safegv_._

A. No one under 18 years of age may ride upon in-line skates, bicycles, roller blades, roller skates, skateboards or similar devices without wearing a properly fitted and fastened helmet which meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the United States Consumer Product

"

Safegg, or the Snell Memorial Foundation's 1984 standard for protective head gear for use in bicycling or a helmet designed for use with the particular device being used.

li No person operating a bicycle shall allow another person to ride as a passenger on a bicycle unless;

Q) Such passenger is carried in a proper bike seat, trailer or other bicycle'

accessog; that complies with the Snell Memorial Foundation, the Safety Equipment Institute, or the United States Consumer Produce Safegg Commission, and contains adequate provision for retaining the passenger in place and for protecting the passenger from moving parts of the bicycle; and such bike seat, trailer or other bicycle accessog is used in accordance with manuf` acturer’s age and weight requirements and limitations; and

Q) Such passenger is wearing a properly fitted and fastened helmet meeting the standards in §242-8(A)

Q No passenger on a bicycle shall be carried in a pack fastened tothe operator.

§ 242-9. - Violations and penalties.

g Anyone who violates a requirement of [tiiisaxrticle] §242.8 shall be warned of the ’

violation by the enforcing official. His or her parent or legal guardian may be fined`

a maximum of $50 [| |.] There shall be a presumption that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. A fine may

_ be waived if an offender or his or her parent or legal guardian presents suitable proof that an approved helmet or bike seat has been purchased since the violation occurred.]

§ 242-9.1. - Definitions; bicycle riders subject to traffic regulations; riding bicycles on business district public sidewalks prohibited; riding bicycles on public sidewalks in areas outside of business districts prohibited, except for minors age nine and under; use of bicycle lanes regulated; and safeg of cyclist.

A. As used herein, "bicycle" means a vehicle propelled by human power upon which a person may ride, having two tandem wheels, either of which is twelve (12) inches or more in diameter, and may be any vehicle generally recognized as a bicycle though equipped with two front or rear wheels.

Q. As used herein, "business district" is defined as an area that is a designated Special Improvement District or is zoned for retail use. ·

Continuation of City Ordinance 13-056

, page 3

BQ All persons operating bicycles shall have all ofthe rights and shallobey all applicable

laws of the State of New Jersey and ordinances of this city, particularly those regulating traffic. Bicycle riders shall obey the same rules as the drivers of motor

vehicles unless inapplicable.

Q) Any person operating a bicycle within a roadway shall obey the instructions of the official traffic control signs, and other control devices

applicable to vehicles, unless otherwise directed by a police officer.

Q) No person shall ride or operate a bicycle within a roadway in any direction except that permitted of vehicular traffic traveling on the same side of the

roadway, or that permitted in a bike lane.

Q) Any person operating a bicycle within a roadway or bike lane shall stop for pedestrians in crosswalks.

Q Eveg person riding a bicycle within a roadway shall ride as near to the right roadside as practicable exercising due care when passing a standing vehicle or one proceeding in the same direction. A bicyclist may move left under any of the following conditions;

Q) To make a left turn from a left turn lane or pocket;

Q) To avoid debris, drains, or other hazardous conditions on the right;

Q) To pass a slower moving vehicle,

({1) To occupy any available lane when traveling at the same speed as other traffic;

(Q) To travel no more than two abreast when traffic is not impeded, but otherwise ride in single file;

[&]Q It shall be unlawful for any person to operate or ride a bicycle in any ofthe following places:

(l) On any public property where signs are posted by the Traffic Engineer prohibiting such use; W

(2) On private property where a sign prohibiting bicycle riding has been posted by the owner, lessee or person in charge of such property;

Q_) On sidewalks in business districts;

(gl) On sidewalks outside of business district areas, except for minors age nine and under.

`

Ep Use of bicycle lanes. Whenever a bicycle lane has been established on a roadway, any person operating a bicycle upon the roadway at a speed less than the -

normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane under any of the following situations:

Continuation of City Ordinance 13-056

, page 4

4

Q) Whenever overtaking or passing another bicycle, vehicle or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.

Q) When preparing for a turn at an intersection or into a private road or driveway.

Q) When reasonably necessagy to leave the bicycle lane to avoid debris or other hazardous conditions.

Q No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safeg and then only after giving an appropriate signal.

Q In addition to bicyclists, the following are permitted to use bicycle lanes;

Q) Individuals using roller blades, scooters, and skateboards; and

Q) Individuals using motorized wheelchairs with an orange safety. flag at least

five feet above the street level; and

Q) Bicyclists with attached trailers for children with an orange safety flag attached to the rear of the portage vehicle at least five feet above the street level.

L Equipment. It shall be unlawful for the driver of the bicycle to wear more than one egrphone attached to an audio device while operating a bicycle.

L Carp; Articles. No person operating a bicycle shall cagy any package, device, or article which prevents the rider from keeping both hands upon the handles bars.

Q Clinging to moving motor vehicles is prohibited.

L Lamps and equipment on bicycles.

Q) Bicycles in use when dark shall be equipped with a lamp on the front which shall omit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type which shall be visible from 50 feet to 300 feet to the rear. A lamp omitting a red light visible from distance of 500 feet to the rear may be used in addition to the red reflector. »

(Q Bicycles shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

. Q) Bicycles shall be equipped with a bell to serve as audible signal to vehicles, pedestrians, and other bicyclists.


[|. i |I

'

| ·|·

w·| a·|·· ¢•a·| ’| a rs ·|= -|. ‘e|·n‘ ‘¤ ‘ "|

§ 242-9.3. - Use restricted. No Changei

§ 242-9.4. - Definitions. No Change

§ 242-9.5 - Violations and penalties. ·

i

A, Any person, except a minor, who violates this article shall be subject to a minimum fine of HQ dollars ($50.00) and a maximum fine as provided in Chapter 1, General Provisions § 1-25.

_l§, Any minor who violates any provision of §242-9.1 and §242-9.3 shall, upon a first offense, receive a written warning addressed to-the minor’s parents or guardian. The minor and the parent may also be advised that a second violation will make them liable for a HQ-dollar ($50.00) fine or communig service as provided in Chapter 1. General Provisions § 1-25, and that a third or subsequent offense will make them liable to a minimum fine of one hundred dollars ($100.00) and a

maximum fine as provided in Chapter 1. General Provisions. § 1-25.

[B1]_Q ln addition to subsection (A) of this section, any member of the Police _

Department who witnesses a violation of` this subsection shall confiscate the motorized scooter, motorized skateboard, or motorized roller skates which shall remain in police custody until such time as a the matter is adjudicated in the Municipal Court and the violator pays any fine that is ordered. Should the defendant be found guilty of the alleged violation, the vehicle will be forfeited.

Q A police officer shall only issue a fine for a violation of any provision of §242-9.1 and §242-9.3 by a person less than fourteen years of age to the parent or guardian of such person if the violation by such person occurs in the presence of such person’s parent or guardian. Such fines shall only be issued to such parent or guardian.

C. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

D. This ordinance shall be a part of the Jersey City Code as though codified and fully set forth therein. The City shall have this ordinance codified and incorporated in the official copies ofthe Jersey City Code.


E. This ordinance shall take effect in the manner as prescribed by law.

F. The City Clerk and the Corporation Counsel be and they are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the codiiication of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.

NOTE: All new material is underlined; words in [brackets] are omitted. For pmposes of advertising only, new matter is indicated by boldface and repealed matter by italic.

U

\ APPRO|O\ Ai¤i¤RovEo;| > `\ \ if rlrl

APPROVED;

Certification Required EI l

.

Not Required II!

.

_

°@·`Famii€*” _ _

TO: PETER BRENNAN, COUNCIL PRESIDENT AND THE_

MEMBERS OF THE MUNICIPAL COUNCIL it

_

FROM: DOUGLAS GREENFELD, AICP/PP, SUPERVISING PLANNER_

`

SUBJECT: PROPOSED AMENDMENTS TO BICYCLE RIDING ORDINANCES DATE: APRIL 15, 2013

CC: ROSEMARY MCFADDEN, CHIEF OF STAFF; BILL MATSIKOUDIS, CORPORATION COUNSEL; ZAHIRE ESTRELLA, ASSISTANT CORPORATION COUNSEL; ]ACI< KELLY, BUSINESS —

ADMINISTRATOR_

We submit for your consideration a proposed ordinance which amends the City's current ordinances that pertain to bicycle riding in Jersey City.

The original version of this proposed ordinance was prepared by the Bicycle Infrastructure Working Group. However, some members of the municipal council have objected to permitting bicyclists to ride on public sidewalks throughout the city, and

especially in business districts. ‘

The National Highway Traffic Safety Administration (NHTSA) states that the safest place for bicycle riding is on the street, where bicycles are expected to follow the same rules of the road as motorists, and ride in the same direction. However, NHTSA also states that children less than 10 years old are not mature enough to make the decisions -

necessary to safely ride in the street, and that those children less ten years old are better off riding on the sidewalk.

We have modified the original proposed ordinance such that it now prohibits bicycling s

on all public sidewalks in the city, except for minors age nine and under in areas outside of business districts. It prohibits all bicycling on public sidewalks in business districts. It

‘

`

defines business districts as any area that is a designated special improvement district or

that is zoned for retail use. .

Additionally, the proposed ordinance makes the following changes to the current

ordinances: __

· Adds requirement for any passengers on bicycles to be carried in a proper bike seat, trailer or other equipment that complies with established standards for safety. This is particularly pertinent to children as passengers.

A

• Adds rules for bicycling in the roadway to match state law.

· Establishes rules for bicycling within bicycle lanes, using the same rules that the City l

of Hoboken has already established to avoid confusion for cyclists.

• Establishes requirements for safety equipment for bicycles, including: a brake, a

bell, and when dark front and rear lamps. ~

· Prohibits carrying any item which prevents both hands from being on the handle bars.

• Clarifies the violations section and makes it more consistent with the violations · section of Chapter 242.

lt is our belief that these changes will support bike riding in Jersey City and make safety a top priority.

I I I

Ord111a11ce of the C1ty 0f]€1‘S€Y C1ty, NJ. ORDINANCE Mo. ONO- 13*056

Q TERSQJI 3.H. APR 2 LI 2013 PPG. MAY 08 2013 O@

TITLE: A, O &\\\\\\· Hy"]/H; H

. 51 A

Ordinance amendmg Chapter 239 (Parks) and Chapter Q |‘ A4

242 (Peace and Good Order) Article VI (RollerSkates, ln-

Line Skates, Skateboards and Bicycles) of the Jersey City Ogle!)

”"E·""

Egg? Municipal Code. CRATE

RECORD or couMcM v0rE 0M INTRODUCTION I ·

I I 5*-0 c0uMciu>EnsoM AYE MAY M.Y |couMcitPEnso‘M AYE MAY M.Y |couMcitr=EnsoM AYE MAY MY OOTTOLANO XXII OAOGNAN / KKIOPPNNAN IH11 OONNELLY $$1 FULOP $11 AAYAPPO A IHKZ

O

LOPEZ IZKKI PIONNPOOON #5 @1 OOLEMAN ./ Indicates Vote NV-Not Voting (Abstain)

RECORD or council v0rE T0 CLOSE Pueuc HEARING _, I I I I

8-O Councilperson moved, seconded by Councilperson to close RH.

COUNCILPERSON AYE MAY M.Y |COUNCILPERSON AYE MAY NV |COUNCILPERSON AYE _

MAY NV SOTTOLANO cAucHAM IZI 5 |6 A/ |-| BRENNAN / DUNNELLY IKXKI FULOP A 12 LANAPPO HIKZ LOPEZ IZKXIPIONAPOOON X11 COLEMAN 111 / Indicates Vote

MI I/OI_]N·Ig [5m,;E,R N.V-Not Voting (Abstain)

Jmsorv MKG_

RECORD or council VOTE 0M AMENDMENTS, IF ANY ~

A


COUNCILPERSON AYE MAY NM |COUNCILPERSON AYE MAY NM |couMciti>EnsoM AYE MAY M.Y

SOTTOLANO KKKI GAUGHAN XXII BRENNAN 111 DONNELLY XXII FULOP 11 LAYAARO 111 LOPEZ XXII PIONAPOOON KKKI OOLENAN / Indicates Vote N.V-Not Voting (Abstain)

RECORD cs FINAL couMcMvorE I I I _

3-O couMciti=EnsoM AYE MAY NV |COUNCILPERSON AYE MAY M.Y |COUNCILPE|SON

O

AYE MAY M.Y

SOTTOLANO ,/ --[ GAUGHAN ,4¢.|€ |Il BRENNAN DONNELLY ./ [-I POLOP K--I LAVARRO ·/ 11 LOPEZ Il11IP·ONAPOSON X11 COLEMAN. IHI1 J Indicates Vote

A


Adopted on first reading of the Council of Jersey City, N.J. on APR 2 {I


This is to certify that the foregoing Ordinance was a 0 te APPROVED: the Municipal cil at i meeting on g

?

Robert B r e, City Clerk Petey- M_ Brennan, ,CounciI President

*Amendment(s): Datet

APPROVED:

Jer amia I H y, Mayor

MAY { a 2013 A Date

‘


cary Clerk File No.I

Ord- 13-057

Agenda No. 3‘ I lst Reading

Agenda No. *%/1*- 2nd Reading & Final Passage ,@li&im| me o

H , \\ II @ 4 tl

ORDINANCE °·’ |* **

OO ’

A| _ |T Ay OF acm, ra .

_ ]ERSEY CITY, N.].



TITLEORDINANCE APPROVING A 12 YEAR TAX EXEMPTION FOR A MARKET RATE ‘

MIXED USE RENTAL PROJECT TO BE CONSTRUCT ED BY CHOSEN CONDOMINIUMS URBAN RENEWAL, LLC, AN URBAN RENEWAL ENTITY, PURSUANT TO THE LONG TERM TAX EXEMPTION LAW N.J.S.A. 40A:20-1 ET SEQ Q.

THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN:

WHEREAS, Chosen Condominiums Urban Renewal, LLC, is an urban renewal entity, formed and . qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as

_ amended and supplemented, N.J.S.A. 40A:20-1 g gi. (Entity); and

WHEREAS, the Entity owns certain vacant land property known as Block 6304, Lot 5, on the City’s Official Tax Map, consisting of approximately 0.50 acres, more commonly known by the street address of 3075 Kennedy Boulevard, and more specifically described by metes and bounds, in the application (Property); and

WHEREAS, the Property is located within the Journal Square 2060 Redevelopment Plan Area and is therefore eligible for a tax exemption under N.J.S.A. 40A:20—4 and N.J.S.A. 40A;12A-5(g).; and

WHEREAS, the Entity applied for a 12 year long term tax exemption, a copy of which is on file in the office ofthe City Clerk, to construct two (2) new six (6) story multiple dwellings, to consist of approximately eighty-three (83) market rate residential rental units; approximately 3,700 square

feet of ground floor commercial/retail/office space and a garage unit to contain approximately

nineteen (19) parking spaces; and

WHEREAS, the Project received site plan approval from the Planning Board on June 19, 2012; and

WHEREAS, Chosen Condominiums Urban Renewal, LLC, has agreed to:

1. pay the greater of (i) the Minimum Annual Service Charge or (ii) 10% of the Annual Gross Revenue for years 1 through 6, which sum is estimated to be $143,180; and 12% of Amiual Gross Revenue for years 7 through 12, and which Service Charge shall be subject to statutory staged increases over the term of the tax exemption; and

2. pay an annual sum equal to 2% of each prior year’s Annual Service Charge as an Administrative Fee; and

3. provide employment and other economic opportunities for City residents and businesses; and

4. pay to the City, for remittance to Hudson County, an amount equal to 5% of the Amiual_

Service Charge upon receipt of that charge; and

5. pay the sum of $130,050 to the City’s Affordable Housing Trust Fund; and

»

0 2 0 l 3 0 e 5I

..

Continuation of City Ordinance 13;`0$’ 7 , page 2

WHEREAS, the City hereby determines that the relative benefits of the project outweigh the cost of the tax exemption, for the following reasons:

1. the current real estate taxes generate revenue of only $22,882, whereas, the Annual Service

Charge as estimated, will initially generate revenue of more than $143,180 to the City;

2. it is expected that the Project will create approximately 32 jobs during construction and 2 new permanent jobs;

3. the Project will stabilize and contribute to the economic growth of businesses in the_

· surrounding area;

4. the Project will further the overall redevelopment objectives of the Journal Square 2060 Redevelopment Plan;

5. the City’s impact analysis, on file with the Office ofthe City Clerk, indicates that the benefits of the Project will likely outweigh the costs to the City; and

WHEREAS, the City hereby determines that the tax exemption is important to the development of the project and will influence the locational decisions of probable occupants for the following reasons:

_ 1. the relative stability and predictability of the Annual Service Charges will make the Project

more attractive to investors needed to finance the Project;

2. the relative stability and predictability of the Annual Service Charges will allow the owner to stabilize its operating budget, allowing a high level of maintenance to the building over

the life of the Project, which will attract tenants to the Project and insure the likelihood of the success of the Proj ect; and

WHEREAS, Chosen Condominiums Urban Renewal, LLC, has initially complied with Executive Order 2002-005 concerning "Disclosure of Lobbyist Representative Status" by filing an appropriate letter in the Office of the City Clerk; and

WHEREAS, this Ordinance will sunset and the Tax Exemption will terminate unless constructioni

of the Proj ect begins before May 24,2015.

WHEREAS, on April 16, 2013, the Tax Exemption Committee recommended the approval of the tax exemption to the Mayor.

i


_

A. The application of Chosen Condominiums Urban Renewal, LLC, an urban renewal company, formed and qualified to do business under the provisions ofthe Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-1 g gl. a copy of which is on file in the office ofthe City Clerk, for Block 6304, Lot 5, more commonly known by the street address of 3075 Kennedy Boulevard, and more specifically described by metes and bounds in the application, is hereby approved.

B. The Mayor or Business Administrator is hereby authorized to execute a tax exemption Financial Agreement and a Project Employment and Contracting Agreement. The Financial Agreement shall include at a minimum the following terms and conditions:

1. Term: the earlier of 14 years from the adoption ofthe within Ordinance or 12 years from the date the project is Substantially Complete;

2. Annual Service Charge: each year the greater of:

Continuation of City Ordinance 13-057 A

, page 3

“

(a) the Minimum Annual Service Charge equal to (i) $100,000 upon substantial completion of the first building; or (ii) $143,180 upon the earlier of: substantial completion of the second building or two (2) years after the first building is substantially complete; all of which shall be due and payable, whether or not the Project is complete or occupied; or

(b) 10% ofAm1ual Gross Revenue for years 1 through 6, which sum is estimated to be $143,180; and 12% of Annual Gross Revenue for years 7 through 12, and which shall be subject to statutory increases during the term of the tax exemption.

3. Administrative Fee: 2% of the prior year’s Annual Service Charge;

4. County Payment: 5% ofthe Annual Service Charge estimated to be $7,159, to the City for remittance by the City to Hudson County;

5. Project: A new multiple dwelling, market rate residential rental project, which will consist of two(2) six (6) story buildings with approximately eighty—three (83) market rate residential rental units; approximately 3,700 square feet of ground floor commercial/retail/office space and a garage to contain approximately nineteen (19) parking spaces;

6. Affordable Housing Trust Fund: $1,500 per unit or $124,500 plus $1.50 per square foot x 3,700 square feet or $5,550, for a total of$130,050;

7. An obligation to execute a Project Employment and Contracting Agreement to insure employment and other economic benefits to City residents and businesses;

8. This Ordinance will sunset and the Tax Exemption will terminate unless construction ofthe Project begins on or before May 24, 2015.

C. The City Clerk shall deliver a certified copy of the Ordinance and Financial Agreement to the Tax Assessor and Director of the Division of Local Government Services.

D. The application is on file with the office ofthe City Clerk. The Financial Agreement and Project Employment and Contracting Agreement shall be in substantially the form on file in the Office ofthe City Clerk, subject to such modification as the Business Administrator or Corporation Counsel deems appropriate or necessary.

_

E. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

F. This ordinance shall be part of the Jersey City Code as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Jersey City Code.

G. This ordinance shall take effect at the time and in the manner provided by law.

H. The City Clerk and Corporation Counsel be and are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.

NOTE: All material is new; therefore underlining has been omitted. For purposes of advertising only, new matter is indicated by bold face and repealed matter by italic.

Jill/he

4/18/13

. APPROVED AS TO|RM APPROVED;

{ APPROVED: ,4»{_y { Corporation Counsel Business Administrator

Certification Required III

Not Required Ei

I I O

()1°d111&l1C€ of the C1ty of Jersey C1ty, NJ. ORDINANCE Mo. Ord 13*057

9 YERSQP

TITLE 3-I APR 2 LI 2013 ZH?. MAY 08 2013 AO| OL

·-1

Ordinance approvmg a 12 year tax exemption for a O market rate mixed use rental project to be constructed by

, Chosen Condominiums Urban Renewal, LLC, an urban GORP `°* `"

Sa):/V

renewal entity, pursuant to the Long Term Tax ORATB

Exemption Law N.J.S.A. 40A:20-1 et seq.

RECORD or couucit VOTE on mrnonucrrou · * •

I ·O couMcItr>EnsoM AYE MAY M.v |couMcItr>EnsoM AYE MAY Mv |COUNCILPERSON AYE MAY M.v

SOTTOLNNO $111 BANBNAN / |BRENNAN DONNELLY $11 BLOB $11 LANARRO X11 LOPEZ KKKIPLOMAPOOON xw. QLVV- COLEMAN J lndicates Vote N.V—Not Voting (Abstain)

E

RECORD or COUNCIL vorE ro CLOSE Punuc HEARING MAY U 8 201 $-0 Councilperson @16/JA KQSOU moved, seconded by Councilperson to close RH.

COUNCILPERSON AYE MAY M.v |COUNClLPERSON AYE MAY M.v |couMcItr>EnsoM AYE MAY M.v

SOTTOLNNO IHXKIAABBNAN Ae é/~r |BRENNAN 111 DONNELLY Zn! ENLOP M- LNVNNRO KK LOPEZ XIII PNONAMOSON IK11 OLEMNN J 11 J Indicates Vote Y1/olvivé éhucék ‘

V


RECORD or couucrt VOTE on AMENDMENTS, IF ANY

Councilperson moved to amend* Ordinance, seconded by Councilperson & adopted couMc1u=EIasoM AYE MAY M.v ICOUNCILPERSON AYE MAY M.v |couMcIEPEnsoM AYE MAY M.v

SOTTOLNMO XIII BABBNAN X11! BRENNAN 111 b0MMEttY 1--IPOLOP |~LAV’N’*RO L -!- LOPEZ 1111 PLONAPOOON 1111| COLEMAN J indicates VoteN.V-Not Voting (Abstain)

RECORD or FINAL couucrt vorE ,, L i ; I

g-O COUNClLPERSON AYE MAY Mv ICOUNCILPERSON AYE MAY M.v |couMcItpEnsoM AYE MAY M.v

SOTTOLAMO KKKI GABBNAN A&'EK1BMEMMAM J 11 DOMNELLY $111 NAOE AANARRO IIKX LOPEZ IKKKI N·¤NAR¤E=¤N $11 OOLENAN $11 J Indicates Vote ‘ ‘


Adopted on first reading of the Council of Jersey City, N.J. on 2 ll


This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municipal Cou at its eeting on

fg J; AY BMW Robert Byrn City Clerk Peter. M. Brennan ,Council President

*Amendment(s): Daiéi

APPROVED:,

Jerrdrniah .Healy or

MAY 1 3 ZE Date

`


city Clerk File N0. °"d· 1*058

3 . J · - A nda No. lst Readln 98 —;·;—·i-—

/9

,2 IERts€

Agenda No. ’1° · 1. 2nd Reading & Final Passage

ORDINANCE P “.

O $:|1

PORATB

]ERSEY CITY, N.]. COUNCIL AS A WHOLE offered and moved adoption of the following ordinance:


TITLEORDINANCE APPROVING A 12 YEAR TAX EXEMPTION FOR A MARKET RATE RESIDENTIAL RENTAL PROJECT TO BE CONSTRUCTED BY LAIDLAW PROPERTIES URBAN RENEWAL, LLC, AN URBAN RENEWAL ENTITY, PURSUANT TO THE LONG TERM TAX EXEMPTION LAW N.J.S.A. 40A:20-1 ET SEQ 3.


WHEREAS, Laidlaw Properties Urban Renewal, LLC, is an urban renewal entity, formed and qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-l Q gg. [Entity]; and

WHEREAS, the Entity owns two (2) existing commercial/industrial structures on certain property known as Block 5901, Lot 1 (f/k/a Block 702, Lots 32, T.1 and V), on the City’s Official Tax map, consisting of approximately .9 acres, and more commonly known by the street address of 66 Laidlaw Avenue and also known as 136-138 Oakland Avenue, and more specifically described by metes and bounds, in the application [Property]; and

WHEREAS, the Property is located within an Urban Enterprise Zone as required by N.J.S.A. 40A:20-4 and N.J.S.A. 40A:12A-5(g); and

WHEREAS, by adoption of Ordinance 05-012 on February 23, 2005, the City of Jersey City [City] approved a 20 year long term tax exemption for 78 residential condominium units with a service charge equal to sixteen percent (16%) of annual gross revenue formula with a term of twenty (20) years; and

WHEREAS, Laidlaw Properties Urban Renewal, LLC, then advised that despite making good faith efforts, due to the economic turndown in the real estate market, it was never able to secure financing for a residential condominium project at that location in order to proceed with the project; and gave the City notice that the Entity was not able to commence the project due to difficulties it had financing, and thus was abandoning the project; and

WHEREAS, by the adoption of Ordinance 09-005 on January 28, 2009, the City rescinded Ordinance 05- 012 approving the tax exemption for Laidlaw Properties Urban Renewal, LLC, and the City of Jersey City; and

WHEREAS, on March 26, 2013, the Entity applied for a new 12 year long term tax exemption, a copy of which is on file in the office ofthe City Clerk, to renovate the buildings, add 2 and 3 stories, and construct approximately ninety-five (95) market rate residential rental units and approximately one hundred three (1 03) on site parking spaces located on the Property [Project]; and

WHEREAS, the Project received site plan approval from the Planning Board on February 16, 2012; and

WHEREAS, Laidlaw Properties Urban Renewal, LLC, has agreed to:

1. pay the greater of (i) the Minimum Annual Service Charge, as defined in the agreement as on less than the estimated Annual Service Charge, or (ii) 10% of Annual Gross Revenue for years 1-6, which sum is estimated to be approximately $138,728; and 12% of Annual Gross Revenue for years 7-12; and which shall be subject to statutory staged increases over the term ofthe tax exemption; and

2. pay an annual sum equal to 2% of each prior year’s Annual Service Charge as an Administrative Fee; and

0 2 0 l 3 0 0 l

Continuation of City Ordinance 13;058 , page

2 `

I

`

3. provide employment and other economic opportunities for City residents and businesses; and

4

4. pay to the City, for remittance to Hudson County, an amount equal to 5% ofthe Annual Service V

Charge upon receipt of that charge; and .

5. pay the sum of$l42,500 to the City’s Affordable Housing Trust Fund; andA

V

WHEREAS, the City hereby determines that the relative benefits ofthe project outweigh the cost ofthe tax exemption, for the following reasons:

" _

_

S

_

1. the current real estate taxes generate revenue of only $66,824, of which only $22,491 isallocated · »

to the land, whereas, the Annual Service Charge as estimated, will initially generate revenue of more .

_

than $138,728 to the City;

2. it is expected that the Project will create approximately 50 jobs during construction and 2 newI

O

permanent jobs;

‘

3. the Project will stabilize and contribute to the economic growth of businesses in the surrounding `

n

area;

4. the Project will further the overall redevelopment objectives of the Jersey City Master Plan; -

5. the City’s impact analysis, on file with the Office ofthe City Clerk, indicates that the benefits oftheI

Project outweigh the costs to the City; and _

‘

WHEREAS, the City hereby determines that the tax exemption is important to the development of`the_ ·

project and will influence the locational decisions of probable occupants for the following reasons: .

`

1. the relative stability and predictability of the Annual Seriiice Charges will make the Project more attractive to investors needed to finance the Project;

A p

· ·

g

2. the relative stability and predictability of the Annual Service Charges will allow the owner to ·

_ stabilize its operating budget, allowing a high level of maintenance to the building over the life of the Project, which will attract tenants to the Project and insure the likelihood of the success of the

I

4

Project; and · `

-

WHEREAS, Laidlaw Properties Urban Renewal, LLC, has initially complied with Executive Order 2002- 005 concerning "Disclosure of Lobbyist Representative Status" by filing an appropriate letter in the Office ofthe City Clerk; and

p

WHEREAS, this Ordinance will sunset and the Tax Exemption will terminate unless construction of the Project begins before May 24, 2015; and

WHEREAS, on April 16, 2013, the Tax Exemption Committee recommended the approval of the tax -

, exemption to the Mayor by an unanimous vote. ._

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that: `

A. The application of Laidlaw Properties Urban Renewal, LLC, an urban renewal company, formed and qualified to do business under the provisions ofthe Long Term Tax Exemption Law of 1992, as amended ·

and supplemented, N..l.S.A. 40A:20-1 seg. a copy of which is on file in the office of the City Clerk, for ·

Block 5901, Lot 1 (f/k/a Block 702, Lots 32, T.1 and V), more commonly known by the street address of 66 Laidlaw Avenue and also known as 136-138 Oakland Avenue, and more specifically described by metes and bounds in the application, is hereby approved. . .

r

B. The Mayor or Business Administrator is hereby authorized to execute a tax exemption Financial Agreement and a Project Employment and Contracting Agreement. The Financial Agreement shall include

_

- at a minimum the following terms and conditions:O

.

_ l. Term: the earlier of 14 years from the adoption of the within Ordinance or 12 years from the date

_

the project is Substantially Complete; .

2. Annual Service Charge: each year the greater of:r

‘

(a) the Minimum Annual Service Charge equal to $.138,728 upon Project Completion, whether4

or not the Project is occupied; or

Continuation of City Ordinance 13f058 , page 3

(b) 10% of Annual Gross Revenue for years 1 through 6, which sum is estimated to be $138,728; and 12% of Annual Gross Revenue for years 7 through 12, and which shall be subject to statutory increases during the term of the tax exemption.

j 3. Administrative Fee: 2% of the prior year’s Annual Service Charge;

C

4. County Payment: 5% ofthe Annual Service Charge to the City for remittance by the City to Hudson County;

5. Project: renovate and expand an existing industrial commercial building with approximately ninety- five (95) market rate residential rental units and approximately one hundred three (103) on site parking spaces;

`

6. Affordable Housing Trust Fund: $1,500 per unit x 95 units, or $142,500;

7. An obligation to execute a Project Employment and Contracting Agreement to insure employment and other economic benefits to City residents and businesses;

8. This Ordinance will sunset and the Tax Exemption will terminate unless construction ofthe Project begins before May 24, 2015.

- C. The City Clerk shall deliver a certified copy ofthe Ordinance and Financial Agreement to the Tax Assessor and Director of the Division of Local Government Services.

D. The application is on file with the office of the City Clerk. The Financial Agreement and Project Employment and Contracting Agreement shall be in substantially the form on file in the Office ofthe City Clerk, subject to such modification as the Business Administrator or Corporation Counsel deems appropriate or necessary.

_ E. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

F. This ordinance shall be part ofthe Jersey City Code as though codified and fully set f`orth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies ofthe Jersey City

· Code.

G. This ordinance shall take effect at the time and in the manner provided by law.

H. The City Clerk and Corporation Counsel be and are hereby authorized and directed to change any _

J

chapter numbers, article numbers and section numbers in the event that the codification of this ordinanceA

reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.

NOTE: All material is new; therefore underlining has been omitted. For purposes of advertising only, new matter is indicated by bold face and repealed matter by italic. ·

JM/he 4/18/13 ·

APPROVED AS TO LEGAL FORM APPROVED: /.

J I,

,. ;" APPROVED: (_/' L,/' @.55 I, Corporation Counsel Business Administrator

Certification Required El `

` Not Required EI

I I O

()rd111ance of the C1ty 0fJ€1‘S€Y C1ty, NJ. ORDINANCE Mo. Ord l3‘O58

Q TERSQ — —¢ NT3 ,,2 1 MAY 08 2013 o @ J»

TTTLE· 2 il

»· y MMI L WI/l///$

Ordinance approving a l2 year tax exemption for a Q '

Ed

market rate residential rental proj ect to be constructed by ·

Laidlaw Properties Urban Renewal, L.L.C., an urban Goal) Q"`

Se]? renewal entity, pursuant to the Long Term Tax CRATE Exemption Law N.] .S.A. 40A:20—1 Q gl.

RECORD OF couucrt VOTE 0M rnmonucrlou L ·

T T · -0

couMcrtr=EErsoM AYE MAY M.Y |couMclu>EnsoM AYE MAY M.Y |COUNCILPERSON AYE MAY M.Y

sorr0tAMo Q--| GAUGHAN ./ |BRENNAN r/ -- DONNELLY $$1 FOLOP J |MNARRO KKK LOPEZ @111 RLOHAROSON wa|r ·r| OOLENAN IHIK J Indicates Vote N.V-Not Voting (Abstain)

RECORD or couMcrL VOTE ro CLOSE Puuuc HEARING U T T ; T 2 -0 Councilperson Qlft/AJ/1/J moved, seconded by Councilperson COLEM A to close RH.

couMcru>EnsoM AYE MAY M.Y |

c0uMcltE=EnsoM AYE MAY NM |GOUNCILPERSON AYE MAY M.Y

SOTEOLANO ./ X11 GAUGHAN BRENNAN

DONNELLY I' A_—l FOLOP I J __ LANARNO LOPEZ 1111 OLONANOSON »/ 11 COLEMAN Jlndicates Vote jAy3r>A/ bafké NV-NotVotlng(Abstaln)

RECORD or COUNCIL VOTE 0M AMENDMENTS, IF ANY

Councilperson moved to amend* Ordinance, seconded by Councilperson & adopted GOUNCILPERSON AYE MAY M.Y |couMclu=EnsoM AYE MAY M.Y |couMclu¤EnsoM AYE MAY M.Y

SOTTOLANO XXII GAUGHAN 1111 BRENNAN OONNELLY IKKI FULOF |LANARRO $11 LOPEZ 1111 PLONAEOSON 111 OOLENAN J Indicates Vote NV-Not Voting (Abstain)

RECORD or FINAL couMcrL VOTE L, T T ; T 2 -0

COUNCILPERSON AYQ MAY M.Y |COUNCILPERSDN AYE MAY M.Y |COUNCILPERSON AYE MAY M.Y

SOTTOLANO IHKKI GAOGNAN |@11 BRENNAN / 11 OGNNELLY $111 POLOP IH1] LAYNRNO $$1 LOPEZ IKKXIPNONAEOOON IH11 COLEMAN J Indicates VoteNM-Not Voting (Abstaln)

Adopted on first reading of the Council of Jersey City, N.J. on 2 if

Adopted on second and final reading after hearing on U 8 2013

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municipal C il at its etlng on 8 Gr

Robert Byr ,Clty Clerk Peter M, Brennan, ,CounciI President

*Amendment(s): Date;

APPROVED: ‘

Jerramiah .Heal ayor

2013 Date

MAY 13


cuy clerk rue Ne. I

0***-` 13‘°59»

Agenda No. 3-K 1st Reading TER`?V

. ? IQ G Agenda,No. "/YJ. 2nd Reading & Final Passage

Ar

f i EQ2. ! % »—-H

I ORDINANCE Q I_

OF s»

_

]ERSEY CITY, N.].



Tm-Ei ORDINANCE TO 1) EXTEND THE SUNSET PROVISION OF ORDINANCE 1 1-084 THAT APPROVED A 30 YEAR TAX EXEMPTION FOR A LOW AND MODERATE INCOME SENIOR CITIZEN AFFORDABLE HOUSING PROJECT TO BE CONSTRUCTED BY THE MONTGOMERY SENIOR LIVING CENTER URBAN RENEWAL ASSOCIATES, L.P.; AND 2) AMEND THE FINANCIAL AGREEMENT TO INCREASE THE PERCENTAGE OF THE ANNUAL SERVICE CHARGE


WHEREAS, Montgomery Senior Living Center Urban Renewal Associates, L.P., is an urban renewal entity, formed and qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-1 @@1, [Entity]; and

WHEREAS, Montgomery Senior Living Center Urban Renewal Associates, L.P. is the ground lessee of certain property owned by the Jersey City Housing Authority (JCHA) -

known as: Block 2116, Lot P1; to be known as Block 13102, Lot 1.02, on City’s Tax map and more commonly known by the street address of 561 Montgomery Street, Jersey City, New Jersey [Property]; and

WHEREAS, by an application dated June 8, 201 1, Montgomery Senior Living Center Urban Renewal Associates, L.P., applied for a 30 year tax exemption to rehabilitate an existing unoccupied ten (10) story high rise building containing 70 dwelling units for occupancy by and at rents affordable to senior citizens of low or moderate income affordable housing as

[

·

defined by the United States Department of Housing and Urban Development [Proj ect]; and

`

WHEREAS, because the Project is a low and moderate income affordable housing proj ect, *

it is eligible for tax exemption pursuant to N.J.S.A. 40A:20-4, even though it is in neithera redevelopment area or an urban enterprise zone; and

WHEREAS, by the adoption of Ordinance 11-084 on August 10, 201 1, the tax exemption was approved, subject to the approval of financing from the New Jersey Housing and Mortgage _Finance Agency [NJ HMFA] on or before December 31, 2012; and

WHEREAS, NJHMFA did not approve financing by December 31, 2012, and the tax exemption sunseted; and

WHEREAS, by a letter dated April 10, 2013, Montgomery Senior Living Center Urban Renewal Associates, L.P., has applied to revive its application of June 8, 2011 and extend its period of tax exemption in order to now obtain financing from the NJ HMFA from May 24, 201 5; and

Continuation of City Ordinance 13;*159 . DSQB _.E..._..

_

1 WHEREAS, Montgomery Senior Living Center Urban Renewal Associates, L.P., has also agreed to pay a service charge estimated to be $36,286, which sum is equal to 9% of Annual Gross Revenue for years 1 through 15; and 12% of Annual Gross Revenue for years 16

A

through 30, and to provide employment and other economic opportunities for City residents‘

and businesses in accordance with a Proj ect Employment Agreement;_ and

WHEREAS, the City hereby determined that the relative benefits of the project outweigh " .

_

i

the cost of the tax exemption for the following reasons: _

·

1 . The City will apply to receive credit for creating 68 units of low and moderate income"

-

rental housing againstthe units needed within the City of Jersey City as determined by the New Jersey Council on Affordable Housing;

2. q

There is an especially compelling need for decent safe and affordable housing for low .

_

- income families, who are currently paying over 30% of their income for housing; and`

3. The construction of the improvements will create 55 construction jobs, 2 full-time jobs and 1 part-time job, and stabilize the neighborhood; and

WHEREAS, the City hereby determines that the tax exemption is necessary to insure the success of the Proj ect for the following reasons: .

.

1 . The reduced tax payments allow the owner to stabilize its operating budget, allowingA

‘

a high level of maintenance to the building over the lifeeof the Project;

2. The reduction in taxes makes the Proj ect attractive to investors of low income _ .

housing tax credits and makes the proj ect eligible for financing from the New Jersey Housing and Mortgage Finance Agency, needed to fund the Project; and

. 3. The reduced tax payments will also allow the owner to maintain the low income units -‘

_

· at the lowest rents possible within the income guidelines; and

4. The Project will provide 68 units of low and moderate income affordable housingl

which advances an inherently beneficial public purpose, notwithstanding that the City’s impact

`

analysis, on file with the Office of the City Clerk, which indicates that the service charge will not support the cost of providing municipal services to the Project; and

_

WHEREAS, Montgomery Senior Living Center Urban Renewal Associates, L.P., site plan_

g

application was approved on May 24, 2011; and ‘

WHEREAS, Montgomery Senior Living Center Urban Renewal Associates, L.P., has ~

certified that the terms of its application dated June 8, 201 1 have not changed except that it accepts the Amended Service Charge; and ‘

- .

WHEREAS, on April 16, 201 3, the Tax Exemption Committee recommended the approval `

ofthe tax exemption to the Mayor with a two (2) year extension ofthe sunset provision and an amendment to the Service Charge of 9% of Annual Gross Revenue for years 1 through 15; and 12% of Annual Gross Revenue during years 16 through 30.


i

_

1. The application of Montgomery Senior Living Center Urban Renewal Associates, .

L.P., an urban renewal company, formed and qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20—1 Q gg.; for a tax exemption, a copy of which is on file in the office ofthe City

‘

_

Clerk, is hereby approved subject to the following terms and conditions: _

·

(a) Term: 30 years; _

_

Continuation of City Ordinance 13;-059 V

, page 3

(b) Service Charge: 9% of Annual Gross Revenue for years l through 15, estimated to be approximately $36,286; and 12% of Amrual Gross Revenue for years 16 through 30;

(c) Administrative Fee: 2% of the prior year’s Annual Service Charge; .

i

(d) County Payment: 5% ofthe Annual Service Charge to the City for remittance by the City to Hudson County;

(e) — Project: 68 units of rental housing for low or moderate income families,

especially senior citizens and special needs persons, as defined by United States Department of Housing and Urban Development; and

‘

(f) Property: Block 2116, Lot P1; to be known as Block 13102, Lot 1.02, on the City’s Tax map and more commonly known by the street address of 561 Montgomery Street, Jersey City, New Jersey.

2. The Mayor or Business Administrator is authorized to execute a tax exemption Financial Agreement, which includes a Project Employment Agreement in substantially the form on file in the Office of the City Clerk, subject to such modification as the Business

_ Administrator and Corporation Counsel deems appropriate or necessary.

3. This Ordinance will sunset and the Tax Exemption will terminate unless the Entity receives approval of financing from the NJHMFA, which must now occur no later than May 24, 2015. ·

4. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

‘

5. This ordinance shall be part of the Jersey City Code as though codified and fully set ·

forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Jersey City Code.

6. This ordinance shall take effect at the time and in the manner provided by law.

7. The City Clerk and Corporation Counsel be and they are hereby authorized and ,

directed to change any chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.

NOTE: All material is new; therefore underlining has been omitted._

For purposes of advertising only, new matter is indicated by bold face and repealed matter by italic.

J M/he 4/1 8/13

APPROVED AS TO LEQAL FORM APPROVED: /.

A}

/' . APPROVED: ` ` ' “

,$·R‘f| Corporation Counsel Business Administrator

Certification Required El

Not Required El

O O I

of the C1ty of Jersey C1ty, NJ. ORDINANCE Mo. Ord B'059

mg 9 IERSQJA .a.I<. APR 2 li 2013 4.:11 MAY 08 2 o

TITLE Ah mtxiiiii 'IAII;1/umO

Ordinance to l) Extend the Sunset Provision of Ordinance I l- Q {

W 084 that approved a 30 year tax exemption for a low and moderate income senior citizen affordable housing project to OO

T |*15 yy

be constructed by the Montgomery Senior Living Center RPORATE 5% Urban Renewal Associates, L.P.; and 2) Amend the financial 8gl`CCITl€l‘lt to ll’lCl'€HS€ U18 pBI`C€I`|t3gC ofthe 8Ill`lU3l service charge.

. RECORD or= COUNCIL VOTE 0M INTRODUCTION 5 ·

; I , ..0 COUNCILPERSON AYE MAY M.v

[

COUNCILPERSON AYE MAY MM ICOUNCILPERSON AYE MAY MY

S¤AA¤LAN¤ / XXI GABGAAN XXII BRENNAN 00NNEttY , —-I POLOP |W-I LAVAPPO ·’

. -- LOPEZ IHKKI PLOHAPOOON EE@1||LEl’*AN / 11 J Indicates Vote N.V—Not Voting (Abstain)

RECORD or COUNCIL VOTE T0 CLOSE Puauc HEARINGO

U I -

I I I 8·O Councilperson moved, seconded by Councilperson COLQMIA id to close RH.

couMcIteEns0M AYE MAY MV |

COUNCILPERSON AYE MAY NM ICOUNCILPERSON AYE MAY M.v

SOTTOLANO H--[ GAUGHAN I gyvu; -| BRENNAN I/ _-P

|ONNELLY J III FULOP J |ALAVARRO J $1 LOPEZ XXII RICHARDSON 111 {COLEMAN J 11 J Indicates Vote yymypg AALLEA N.V·NotVoting (Abstain)

JN/SOM gulqé,

RECORD or COUNCIL von; 0M AMENDMENTS, IF ANY


couMcItPEns0M AYE MAY M.v |

COUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v

SOTRAANO X11! GABGHAN KKKI BRENNAN A¤¤NNEttY $12 RABB XIII EAvARR¤ 111 LOPEZ XXII PLOHAPOOON XXII| COLEMAN J Indicates VoteN.V-Not Voting (Abstain)

niscono or EiMAt COUNCIL VOTE

couMcItI>EasoM AYE MAY M.v I

couMcItPERsoM AYE MAY M.v |

COUNCILPERSON AYE MAY M.v

SOTTOLANO IVIZKI GABGRAN A6 @1I BRENNAN 111 DONNELLY 1-]IPOLOP H!-I .LAVAPBO K-; LOPEZ IH-KI BIGBARBSON IH11 COLEMAN $11 J Indicates VoteN.V—N0t Voting (Abstain)

· Adopted on first reading of the Council of Jersey City, N.J. on 2 ll 20l3

M .

Adopted on second and final reading after hearing on 0 8

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Municipal C ncil at i meeting on U 8 )

Robert/ rne, City Clerk Petey- M_ Brennan , . Council President

*Amendment(s): Date; 8 APPROVED:

_% Jerramiah I Healy, or

MAY I 3 2013I

Date

MAY 09 ZDI3 Date to Mayor

city Clerk File Ne. 0"0-

Agenda N0.L

1st Reading

9 TERSG Agenda N0 Lk K. 2nd Reading & Final Passage O |P Ar Qt if N H

ORDINANCE “ _0

Yy OF OAORATB ee

. ]ERSEY CITY, N.]. COUNCIL AS A WHOLE offered and moved adoption ofthe following ordinance:

CIW ORDINANCE 13-050

TITLE: ~ ORDINANCE TO 1) EXTEND THE SUNSET PROVISION OF ORDINANCE 1 1-083

·THAT APPROVED A 30 YEAR TAX EXEMPTION FOR A LOW AND MODERATE INCOME AFFORDABLE HOUSING PROJECT TO BE CONSTRUCTED BY THE

t GLENNVIEW TOWNHOUSES II URBAN RENEWAL ASSOCIATES, L.P.; AND 2) _

AMEND THE FINANCIAL AGREEMENT TO AMENDMENT THE PERCENTAGE .

OF THE ANNUAL SERVICE CHARGE


WHEREAS, Glennview Townhouses II Urban Renewal Associates, L.P., is an urban renewal entity, formed and qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-1 et gi. [Entity]; and

WHEREAS, Glennview Townhouses II Urban Renewal Associates, L.P. is the ground lessee of certain property owned by the Jersey City Housing Authority (JCHA) known as: Block 2088.1, Lots 5 and 16; to be known as Block 15601, Lots 1 and 6.01, on City’s Tax map and more commonly known by the street address of 296 Woodward Street and 511 Grand Street, Jersey City, New Jersey [Property]; and

WHEREAS, on July 1 1, 2011, Glennview Townhouses II Urban Renewal Associates, L.P., applied for a 30 year tax exemption to construct two (2) residential rental complexes (4 buildings in each complex) containing 64 units of housing, of which 56 units will be occupied by and affordable to families of low income as defined by the United States Department of Housing and Urban Development; and eight (8) units will be market rate units [Proj ect]; and

WHEREAS, because the Project is a low and moderate income affordable housing project, ·

it is eligible for tax exemption pursuant to N.J.S.A. 40A:20-4, even though it is in neithera redevelopment area or an urban enterprise zone; and

WHEREAS, by the adoption of Ordinance 11-083 on August 10, 201 1, the tax exemption was approved, subject to the approval of financing from the New Jersey Housing Mortgage and Finance Agency [NJHMFA] on or before December 31, 2012; and

WHEREAS, NJHMFA did not approve financing by December 31, 2012, and the taxn

exemption sunseted; and

WHEREAS, by letter dated April 10, 2013, Glennview Townhouses II Urban Renewal Associates, L.P., has applied to revive its application of July 1 1, 2011, and extend its period of tax exemption to obtain financing from the NJ HMFA to May 24, 2015; and

I WHEREAS, Glennview Townhouses II Urban Renewal Associates, L.P., now agrees to pay a service charge equal to 9% of Annual Gross Revenue for the low and moderate income units for years 1 through 15; and 12% of Annual Gross Revenue for years 16 through 30, and

02013068

Continuation of City Ordinance 1*060 , page

`

Amiual Gross Revenue for years 16 through 30; and to provide employment and other . economic opportunities for City residents and businesses in accordance with a Project

Employment Agreement; and ·

WHEREAS, the City hereby determined that the relative benefits of the project outweigh ·

the cost of the tax exemption for the following reasons:

1 . The City will apply to receive credit for creating 56 units of low and moderate income "_

A

rental housing against the units needed within the City of Jersey City as determined by the New Jersey Council on Affordable Housing;

`

‘ ·

2. There is an especially compelling need for decent safe and affordable housingi for low income families, who are currently paying over 30% of their income for housing; and

3. The construction of the improvements will create 55 construction jobs, 2 full—time_

. jobs and 1 part-time job, and stabilize the neighborhood; and r"

WHEREAS, the City hereby determines that thetax exemption is necessary to insure the success of the Project for the following reasons:

A

‘

1. The reduced tax payments allow the owner to stable its operating budget, allowing ahigh level of maintenance to the building over the life of the Project;

_ _

2. The reduction in taxes makes the Proj ect attractive to. investors of low income. ~

i

housing tax credits and makes the proj ect eligible for financing from the New Jersey Housing and Mortgage Finance Agency, needed to fund the Project; and

3. The reduced tax payments will also allow the owner to maintain the low and i i

moderate income units at the lowest rents possible within the income guidelines; and

4. The Project will provide 56 units of low and moderate income affordable housingi

, . advances an inherently beneficial public purpose notwithstanding that the City’s impact

i

analysis, on file with the Office of the City Clerk, indicates that the service charge will not support the cost of providing municipal services to the Project; and

`

WHEREAS, Glennview Townhouses 11 Urban Renewal Associates, L.P., site plan application was approved on May 10, 2011; and

V

WHEREAS, Glennview Townhouses ll Urban Renewal Associates, L.P., has certified that the terms of its July 11, 2011 application have not changed except that the Service Charge `is amended; and ‘

‘

WHEREAS, on April 16, 2013, the Tax Exemption Committee recommended the approvali

-

ofthe tax exemption to the Mayor with a two (2) year extension ofthe sunset provision and = an increase in the Service Charge to 9% for the low and moderate income housing units for ·

‘

years 1 through 15; and 12% of Amiual Gross Revenue for years 16 through 30; and a ·

decrease in the Service Charge to 10% (in years 1 through 15), but an increase to 18% in years 16 through 30 for the market rate units. .

`

`

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council ofthe City of Jersey ‘

City that: `

V

1. The application of Glennview Townhouses H Urban Renewal Associates, L.P., an urban renewal company, formed and qualified to do business under the provisions of the

I `

Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-1 . g gr.; for a tax exemption, a copy of which is on file in the office of the City Clerk, is

hereby approved subject to the following terms and conditions:.

i

(a) Term: 30 years; ’

Continuation of City Ordinance DZQB _|.J

(b) Service Charge: 9% of Annual Gross Revenue for years 1 through 15, estimated to be approximately $38,070 for the 56 low and moderate income housing units; and 12% of Annual Gross Revenue for years 16 through 30;

.

·

. and 10% of Annual Gross Revenue for years 1 through 15, estimated to be approximately $15,276 for the 8 market rate units, and 18% of Annual Gross Revenue for years 16 through 30;

`

‘

(c) Administrative Fee: 2% of the prior year’s Annual Service Charge;

(d) County Payment: 5% ofthe Annual Service Charge to the City for remittance by the City to Hudson County;

(e) Project: 56 units of rental housing for low income families; and 8 market rate units; and ‘

J

(f) Property: Block 2088.1, Lots 5 and 16;_ to be known as Block 15601, Lots l

and 6.01, on the City’s Tax map and more commonly known by the street address of 296 Woodward Street and 511 Grand Street, Jersey City, New Jersey.

2. The Mayor or Business Administrator is authorized to execute a tax exemption Financial Agreement, which includes a Project Employment Agreement in substantially the ‘

'

form on file in the Office of the City Clerk, subject to such modification as the Business Administrator and Corporation Counsel deems appropriate or necessary.

3. This Ordinance will sunset and the Tax Exemption will terminate unless the Entity receives approval of financing from the NJ HMFA, which must now occur no later than May 24, 2015.

_ 4. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.A

5. This ordinance shall be part of the Jersey City Code as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Jersey City Code.


‘

7. The City Clerk and Corporation Counsel be and are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.

NOTE: All material is new; therefore underlining has been omitted. , For purposes of advertising only, new matter is indicated by

bold face and repealed matter by italic.

JM/he 4/ 1 8/ 1 3

Appaovrzp AS TO LEQAK FORM APPROVED:| Business Administrator

Certification Required EI

g Not Required U

I I I

()1‘d1Il21l1C€ of the C1ty of Jersey C1ty, NJ. ORDINANCE No. OEd· 13060 ‘

Q lER@€}L _

3. L. APR 2 Ie 2013 Ak /<. MAY 0 8 2013 TITLE

AA attttitlt 'liwzr//1%Q . . . LA

Ordinance to l) Extend the Sunset Provision ofOrd1nance 1 1-083

that approved a 30 year tax exemption for a low and moderate |; income affordable housing project to be constructed by the O e=| ,v

Glennview Townhouses ll Urban Renewal Associates, L.P., an urban O1? PO TE 5%*

renewal entity, pursuant to the Long Term Tax Exemption Law RA N.J.S.A. 40A:20-l g gl; and 2) Amend the financial agreement to increase the percentage of the annual service charge.

RECORD or COUNCIL VOTE ON INTRODUCTION L ·

; ,_

c0uNc1LPERsoN AYE NAY N.v |

c0uNc1LPERs0N AYE NAY NM ICOUNCILPERSON AYE NAY NV

SOTTOLANO $111 GANENNAN IH111 BBENNAN IUZ1 I DONNELNY $111 FULOP |LAVAPPO LOPEZ IKXKI PLOPAPOOON A6 OLEMAN ./ Indicates Vote NV-Not Voting (Abstain)

RECORD or COUNCIL VOTE ro cL0sE Punuc HEARING MAY [] 8 21]] 3/»O Councilperson K! C if/¢|AJ moved, seconded by Councilperson 507*70cA/UO to close PH.

c0uNc1LPE1=ts0N AYE NAY Nv |

COUNCILPERSON AYE NAY N.v |

c0uNclLPE1=is0N AYE NAY NV SENNNANO $111 GAUGHAN UA e~»11BRENNAN IH11 DONNELLY IU111 FULOP IHKKI LANAPPO / 11 LOPEZ 1111 RICHARDSON IH111 OLEMAN ~/ 11 ./ Indicates Vote jytyschj gy,e(,

M - N.V—Not Voting (Abstain)

/*1/lk:/l MA I0 -

RECORD or COUNCIL VOTE UN AMENDMENTS, IF ANYh


c0uNc1LPERs0N AYE NAY N.v |

COUNCILPERSON AYE NAY NV | c0uNc1LPERs0N AYE NAY NV

SOTTOLANO 1111 GABENAN 1111 BBENNAN 111 DONNELLY Z!-1 POLOP Z- lr · LAYARRG _:- LOPEZ 1111 PLOHAPOSON 1111 OLEMAN ./ Indicates VoteNv-Not Voting (Abstain)

RECORD or FINAL COUNCIL VOTE .

E , , _

8·¢> COUNCILPERSON AYE NAY NM

|

COUNCILPERSON AYE NAY NM NAY NV SOTTOLANO / 111 GABGNAN E! ’~ 11 BRENNAN IH11 DBNNEENY ·/ 111 FULOP |NANAARB IH11 LOPEZ 1111 PLOHAPOOON |.C9LElVlAN Indicates Vote Nv-Not Voting (Abstain)

`

Adopted on first reading of the Council of Jersey City, N.J. on 2 lt

Adopted on second and final reading after hearing on 0 8

This is to certify that the foregoing Ordinance was adopted by APPROVED: the Muni

`

1Cou il at its meeting on8

I

obert Byrne, City Clerk Peter M, Brennan , , Council President

*Amendment(s): Daléi

APPROVED: |, .

Jerramiah 'IZ Heal ayor

l I

MAY 1 3 2013 Date


City Clerk File Ne. Ord- 13·¤-61

Agenda Ne. 3·" - ist Reading -

Agenda No. [kl-» 2nd Reading & Final Passage O JA

nnilm

.__ l—l

ORDINANCE *1

O r, 0 ` '

~ =z~

]ERSEY CITY, N.].

COUNCIL AS A WHOLE_

offered and moved adoption of the following ordinance:

1

CITY ORDINANCE 13-061 —

TITLEZ ORDINANCE TO 1) EXTEND THE SUNSET PROVISION OF ORDINANCE 11-102 THAT APPROVED A 30 YEAR TAX EXEMPTION FOR A LOW INCOME SENIOR CITIZEN AND SPECIAL NEEDS AFFORDABLE HOUSING PROJECT TO BE CONSTRUCTED BY THE OCEAN GREEN SENIOR APARTMENTS, L.P., A QUALIFIED HOUSING SPONSOR UNDER THE NEW JERSEY MORTGAGE HOUSING FINANCE AGENCY LAW N.J.S.A. 55:14K-1 Q SEQ Q; AND 2) AMEND THE PERCENTAGE OF THE SERVICE CHARGE

THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN: ,

WHEREAS, Ocean Green Senior Apartments, L.P., is the owner of certain property known as: Block 1999, Lots 12.E and 34, on City’s Tax map and more commonly known by the street address of 742-748 Ocean Avenue, Jersey City, New Jersey [Property]; and

WHEREAS, Ocean Green Senior Apartments, L.P., is a qualified housing sponsor under the New Jersey Mortgage Housing Finance Agency Law N.J.S.A. 55:14K-1 et seq.; and

WHEREAS, Ocean Green Senior Apartments, L.P., proposed to construct a housing project to be regulated and financed pursuant to the provisions of the New Jersey Housing and Mortgage Finance Agency Law, N.J.S.A. 55:14K-1 et seg. on the Property; and

WHEREAS, by application dated June 22, 2011, Ocean Green Senior Apartments, L.P., applied for a 30 year 10% of Annual Gross Revenue tax exemption for a five (5) story building to be constructed on the Property, to create a total of` 44 dwelling units to be

~ occupied by and at rents affordable to, low income families, especially senior citizens, including five (5) special needs units as defined by the United States Department of Housing and Urban Development, one (1) superintendent unit, and 23 off street parking spaces [Proj ect]; and »

WHEREAS, by the adoption of Ordinance 11-102 on August 10, 2011, the tax exemption was approved subject to the approval of financing from the New Jersey Housing and Mortgage Finance Agency [NJHMFA] on or before September 1, 2012; and

WHEREAS, NJHMFA did not approve financing by September l, 2012 and the tax exemption sunseted; and

WHEREAS, by letter dated April 10, 2013, Ocean Green Senior Apartments, L.P., applied to revive its application of` June 22, 2011, and extend its period of tax exemption in order to obtain financing from the NJ HMFA; and

WHEREAS, Ocean Green Senior Apartments, L.P., has now agreed to pay a service charge estimated to be $27,91 1, which sum is equal to approximately 9% of` Annual Gross Revenue for years 1 through 15, and 12% of Annual Gross Revenue for years 16 through 30, and to provide employment and other economic opportunities for City residents and businesses in accordance with a Project Employment Agreement; and

0 2_ 0 -l a 0 6 e.

Continuation of City Ordinance i3`°°1

. DGQG_

. WHEREAS, the City hereby determined that the relative benefits of the project outweigh the cost of the tax exemption for the following reasons: ·‘

A

1. The City will apply to receive credit for creating 44 units of low income rental ·

housing against the units needed within the City of Jersey City as determined by the New Jersey Council on Affordable Housing;

i

2. There is an especially compelling need for decent safe and affordable housing for lowJ

Jl

income families, especially for special needs persons, who are currently paying over 30% of ‘`

’

their income for housing; and ,

’

3. The construction ofthe improvements will create 80 constructionjobs and 4 full—time jobs and stabilize the neighborhood; and ’

4 WHEREAS, the City hereby determines that the tax exemption is necessary to insure then

‘J

success ofthe Project for the following reasons:g

1. The reduced tax payments allow the owner to stabilize its operating budget, allowing"

a high level of maintenance to the building over the life of the Project; 1

·

A

2, The reduction in taxes makes the Proj ect attractive to investors of low income _ ,

housing tax credits and makes the project eligible for financing from the New Jersey Housing .

and Mortgage Finance Agency, needed to fund the Project; and .

'

‘

3. The reduced tax payments will also allow the owner to maintain the low income units -

at the lowest rents possible within the income guidelines; and V

__

4. The project will provide 44 units of low income affordable housing which advances`

an inherently beneficial public purpose notwithstanding that the City’s impact analysis, on file with the Office of the City Clerk, indicates that the service charge will not support the .

-

_

cost of providing municipal services to the Project; and

WHEREAS, Ocean Green Senior Apartments, L.P., site plan application was approved onA

August 3, 2011; and_

WHEREAS, based upon Ocean Green’s certification that the terms of its application have not changed, except the sunset provision and percentage of service charge; and

(WHEREAS, on April 1 6, 201 3, the Tax Exemption Committee recommended the approval ‘

ofthe tax exemption to the Mayor with a two (2) year extension ofthe sunset provision and"

a decrease in the Service Charge to 9%.`

—

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council ofthe City. of Jersey = City that:

n

·

"‘

l . The application of Ocean Green Senior Apartments, L.P., a qualified housing sponsor under the New Jersey Mortgage Housing Finance Agency Law N.J.S.A. 55:14K-1 et seg.;

`

p

for a tax exemption, a copy of which is on file in the office of the City Clerk, is hereby approved subject to the following terms and conditions:

_

(a) Term: 30 years; ·

_

‘

_ (b) Service Charge; 9% of Annual Gross Revenue for years l through 15,

_J

estimated to be $27,911; and 12% of Annual Gross Revenue for years 16 through 30;

(c) Administrative Fee: 2% ofthe prior year’s Annual Service Charge, or $558;_

4

Continuation of City Ordinance 13·i061 »

, page 3

J

(d) Project: 44 units of rental housing for low income families, especially senior citizens and 5 units for special needs persons as defined by the United States Department of Housing and Urban Development; and

(e) Property: Block 1999, Lots 12.E and 34, on the City’s Tax map and more commonly known by the street address of 742-748 Ocean Avenue, Jersey City, New Jersey.

2. The Mayor or Business Administrator is authorized to execute a tax exemption Financial Agreement, which includes a Project Employment Agreement in substantially the form on file in the Office of the City Clerk, subject to such modification as the Business Administrator and Corporation Counsel deems appropriate or necessary.

3. This Ordinance will sunset and the Tax Exemption will terminate unless the Entity _

receives approval of financing from the NJHMFA, which must now occur no later than May 24, 2015.

4. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

5. This ordinance shall be part of the Jersey City Code as though codified and fully set forth therein. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Jersey City Code.


7. The City Clerk and Corporation Counsel be and are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the codification of this ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing

_ provisions.

NOTE: All material is new; therefore underlining

has been omitted. For purposes of advertising

only, new matter is indicated by bold face and repealed matter by italic.

JM/he ‘

4/1 8/13

APPROVED AS TO L AL FORM APPROVED;

{/fj APPROVED: A, S5 /

.C¤rporation Counsel Busi ss Administrator

Certification Required D Not Required E

I O I

O1·d111a11ce of the Ctty of jersey Ctty, NJ. ORDINANCE Mo. Ord 1*061

.2 OERSG 3.M. APR 2 A 2013 4—,L.i MAY 0 8 2013 O @ ~’*

rlT1.lE; A, O H Knut 101///% H

Ordinance to l) Extend the Sunset Provision of Ordinance l l-102 G lj that approved a 30 year tax exemption for a low income senior citizen and special needs affordable housing project to be constructed C, E`| $,1

by the Ocean Green Senior Apartments, L.P., a qualified housing ORPOR TB $$*3*

sponsor under the New Jersey Mortgage Housing Finance Agency A Law N..l.S.A. 55: l4K-l et seq; and 2) amend the percentage ofthe service Chafgé.

RECORD or councit von; 0M INTRODUCTION A

· ; I .

· O COUNClLPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v

OOETOLANO $111 OABORAN ./ XXI BRENNAN / Z1 OONNRLLY IUKKI ROLOR M X11 LANARRO IHK1 LOPEZ H13 RLONAROSON AA:| OOEENAN IHKH ./ Indicates Vote N.V—N0t Voting (Abslain)

nsconn OF COUNCIL von: to CLOSE Punuc HEARING MAY U 8 2013 7-O Councilperson moved, seconded by Councilperson $0*fTD LA AJO to close RH.

COUNClLPERSON AYE MAY M.v |couMcltPEnsoM AYE MAY M.v |

c0uMc1u¤ERsoM AYE MAY M.v

OOEEOLANO H13 OANARAN Ae em KI BRENNAN OONNELLY $$1l EOLOR K12 LANARRO ·/ 11 LOPEZ IHKKI PLORAPOOON IHXXI OOLRNAN / 11 ./ Indicates Vote GCA/E N.V—NotVoting (Abstain)

‘

RECORD or councit v0rE 0M AMENDMENTS, IF ANY

Councilperson moved to amend* Ordinance, seconded by Councilperson — & adopted

COUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v

OOPEOLANO XIII OAOORAN 1111 BRENNAN OONNRLLY $$1 ENLOR $$1 YLAVARRO 111 LOPEZ XIII PLORAROOON 111| OO LEMAN ./ Indicates VoteN.V—N0t Voting (Abstain)

neconn or FINAL couucit v0rE _, ,

I g , _ ,9-O

GOUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v ICOUNCILPERSON AYE MAY M.v

OOTEOLANO ZKKI OANONAN as @1I BRENNAN / 11 mlllltttl $$11 FNLOR $11 LANARRO ./ H1 LORRZ ml RLORRROOON OO LENRN IK-- J Indicates VoteN.V-Not Voting (Abstain)

Adopted on first reading of the Council of Jersey City, N.J. on 2

Adopted on second and final reading after hearing on 0 8 2013

This is to certify that the foregoing Ordinan s op y APPROVED: the Municipal Co il at its eeting on

O) g

RobertB e, City Clerk P€'l2Gl" M. BY‘€l1Y1£·ifl, ,CounciI President

*Amendment(s): Date: 8 APPROVED:

Jerramiah I Healy ayor

. MAY 1 3 2013 Date


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