Newark Requires Developers to Identify Environmental Impacts of Projects
Recently, the City of Newark (the “City”) approved Ordinance No. 16-0803, a/k/a the Environmental Justice and Cumulative Impacts Ordinance, (the “Ordinance”), which may significantly impact the process for seeking development approvals from the City.
The Ordinance purports to advance the policy of promoting environmental justice, environmental stewardship, and sustainable economic development in the City. More specifically, the Ordinance seeks to mitigate the disproportionate impact of pollution and environmental degradation on the health of minority and socioeconomically disadvantaged communities, otherwise known as “environmental injustice.” As the Ordinance notes, the prevalence of environmentally overburdened, underserved, and economically distressed communities near industrial centers and other areas afflicted by poor environmental quality is well documented.
To combat environmental injustice, the Ordinance establishes a disclosure requirement for development projects which mandates that developers identify the likely environmental impacts of a proposed project. This requirement takes the form of “Environmental Review Checklists” which must be submitted to the City along with various development-related applications. Specifically, the Ordinance (and the Checklist requirement) applies to applications for major site plan approval from the Newark Planning Board or a variance from the Newark Board of Adjustment seeking approval for (1) a “Commercial, Light Manufacturing, or Industrial Use” project or (2) a project which requires any approvals or permits from the New Jersey Department of Environmental Protection, the United States Environmental Protection Agency, or an Essex County environmental agency. Failure to submit a Checklist as required by the Ordinance will result in the application being deemed incomplete.
There are two forms of the Checklist: the Basic Form (for Commercial or Light Manufacturing projects) and the Full Form (for Industrial projects.) Under the Basic Form, applicants must disclose information related to anticipated air pollution, stormwater management, hazardous materials, and waste management for a proposed project. Applicants submitting the Basic Form have the option of providing additional information about environmental mitigation activities related to the proposed project. The Full Form requires more detailed information describing the proposed project, the pre-existing environmental condition of the development site, and a more in-depth description of the anticipated environmental impacts, as well as a description of the economic opportunities, public engagement, and quality of life protections the applicant intends to provide.
Following submission, a Checklist is included as part of the application, made available to the public, and submitted to the City’s Environmental Commission for review. Following its review, the Environmental Commission is required to submit a written advisory opinion to the Planning Board or the Board of Adjustment, as applicable. The information gathered in the Environmental Review Checklists will also be used to evaluate “trends and patterns” in development, which are to be monitored and reported on by the Environmental Commission.
The ultimate impact of the Ordinance is yet to be seen. However, the additional level of scrutiny applied to development projects under the Ordinance could result in delays in processing applications, or potentially, denials based on the recommendation of the Environmental Commission. Anyone interested in development opportunities in Newark should be sure to carefully investigate any potential environmental issues and be prepared to complete the appropriate Environmental Checklist prior to applying for any land use approvals from the City.