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CITY of NEWARK Municipal Public Access Plan

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CITY of NEWARK Municipal Public Access Plan CITY OF NEWARK Municipal Public Access Plan Date of Final Submission: {Date of Sumission} Approved by the New Jersey Department of Environmental Protection: {Date of NJDEP Approval} Adoption by the City: {Date of Municipal Adoption} Mark G. Barksdale, Director Marcy DePina, Program Director Office of Planning, Zoning & Sustainability (OPZS) Financial assistance was provided by the Coastal Zone Management Act of 1972, as amended, 920 Broad Street administered by the Office of Ocean and Coastal Resource Management, National Oceanic Newark, New Jersey and Atmospheric Administration. The Grant Award # is NA12NOS4190165. Scenes of Newark along the Passaic River: Kayaking and boat tours are available to residents and visitors along the riverfront during the summer. Visitors can view the Song of the Passaic mural at Riverfront Park Segment 1 (bottom right image). Table of Contents Introduction 04 I. Municipal Public Access Vision 08 II. Existing Public Access 14 III. Community Needs Assessment 20 IV. Implementation Plan 24 V. Relationship to the Other Regional and State Plans 38 VI. Resolution of Incorporation 40 Appendix 1 MPAP Required Sections per NJAC 8.11 ( e ) 41 Appendix 2 Resolution for Incorporating Municipal Public Access Plan 42 into Newark’s Master Plan Appendix 3 Resolution for Establishing Municipal Public Access Fund 43 Appendix 4 Maps and Tables 44 Approval of this plan does not eliminate the need for any Federal, State, County or municipal permits, certifications, authorizations or other approvals that may be required by the Applicant, nor shall the approval of this plan obligate the Department to issue any permits, certifications, authorizations or other approvals required for any project described in this plan. 3 Introduction Newarkers walk along the orange boardwalk, a part of the public Right-of-Way along the riverfront. Newark Riverfront Revival (NRR), an initiative of the Since then, the City of Newark has prepared several Newark Office of Planning, Zoning & Sustainability milestone documents: (OPZS), aims to connect every Newarker to their river. Since 2008, NRR has built support for Newark’s • The Riverfront That Newark Wants, Progress riverfront by taking hundreds of people on boat and Report: 2009-2010 and visit www.newarksriver. walking tours, hosting dozens of outreach events, wordpress.com for an overview of recent NRR organizing design education programs for Newark’s activities. youth population, and staging a City Hall exhibition. • Newark’s River: Public Access & Redevelopment Since 2012, NRR has worked with Essex County, the Plan is a redevelopment plan for over 200+ acres City of Newark, the Trust for Public Land, Ironbound of the riverfront. This document supersedes Community Corporation, and other partners to the zoning ordinance for a five-mile stretch of build and program over 15 acres of riverfront parks, Newark’s frontage on the Passaic River, including including a walking and biking trail, sports fields and all of the potentially accessible riverfront near courts, a floating boat dock, a riverfront boardwalk, a residential, retail, business, and entertainment playground and other settings for relaxation, picnics, areas of the city, including the Ironbound, Lower exercise, and environmental education. Broadway, and Downtown Newark. » The guidelines and requirements, covering land use, building bulk, parking, urban design, and public waterfront access, were developed through a 24-month process including 4 PENN STATION NEWARK 0 1 2 MILES N LOCATION MAP and evaluates potential riverfront public access sites, elaborates on the status of under-construction sites, and identifies the appropriate next steps in PASSAIC RIVER their development. The MPAP affirms the City’s commitment to the current and proposed public riverfront access points, while identifying the PENN STATION community’s needs and articulating the intention of establishing a Public Access Fund, through which a monetary contribution is required from developers in lieu of the provision of public riverfront access. NEWARK The MPAP, as an official component of the municipal Master Plan, informs and/or identifies public access requirements associated with any proposed development or redevelopment project. 0 2 1 MILES N This Municipal Public Access Plan (MPAP) was LOCATION MAP developed in accordance with N.J.A.C. 7:7E-8.11 and in collaboration with the New Jersey Department of citywide and regional outreach, public Environmental Protection (NJDEP), and has been meetings, consultations with property owners approved by the NJDEP. and community organizations. Stakeholder input was vital to crafting a set of rules for Public rights of access to and use of the tidal development that maximize the benefits and shorelines and waters in New Jersey, including the value of the riverfront. ocean, bays, and tidal rivers, are founded in the Public » The plan is designed to expedite and Trust Doctrine. First set by the Roman Emperor catalyze private development. By aligning Justinian around A.D. 500 as part of Roman civil law, Newark’s municipal zoning with State and the Public Trust Doctrine establishes the public’s right Federal regulations, the plan will streamline to full use of the seashore as declared in the following entitlements for development along quotation from Book II of the Institutes of Justinian: Newark’s riverfront in a more efficient and straightforward manner. “By the law of nature these things are common » As Newark continues to develop and gain to all mankind – the air, running water, the sea, access to its riverfront through public and and consequently the shores of the sea. No one, private development, the guidelines and therefore, is forbidden to approach the seashore, requirements of this plan will ensure that provided that he respects habitations, monuments, Newark gets the riverfront it deserves. and the buildings, which are not, like the sea, subject only to the law of nations.” This document, the Municipal Public Access Plan (MPAP), builds on the work of the previous NRR Influenced by Roman civil law, the tenets of public documents; its intent is to provide a comprehensive trust were maintained through English common Law public access plan for our riverfront. It outlines and adopted by the original 13 colonies. Following the the priorities and resources required to build new American Revolution, the royal right to tidelands was riverfront parks and trails, facilitate appropriate vested to the 13 new states, then to each subsequent private development, and to work with the State and state, and has remained a part of public policy into Federal authorities to complete the mandated clean- the present time. Through various judicial decisions, up of the Passaic River. The document identifies the right of use upheld by the Public Trust Doctrine, Introduction 5 Residents take time to enjoy the new Riverfront Park Segment 2 along the Passaic River. allowing the public the right to all lands, water the NJDEP, was recognized by Public Notice in the and resources held in the public trust by the state, NJDEP Bulletin. All public access decisions made including those in New Jersey. within Newark will be consistent with this plan. The NJDEP adopted new rules governing public access on November 5, 2012 that enable municipalities Authority for Municipal Public Access Plans to develop and adopt MPAPs to govern public access within their municipality. This MPAP consists of The authority for a municipality to develop a MPAP an inventory of public access locations, and plans to is derived from the Coastal Zone Management Rules, preserve and enhance access based on community N.J.A.C. 7:7E, adopted by NJDEP on November 5, needs and State standards. 2012. This plan was then developed in collaboration with The MPAP will be incorporated into the Land the NJDEP, the Central Planning Board, consultants, Use Element of the municipality’s Master Plan, in and community groups, and was approved for accordance with the Municipal Land Use Law (N.J.S.A submission to the NJDEP on {date}. Upon 40:55D). The MPAP, as an official component of the receiving approval from the NJDEP, the MPAP was municipal Master Plan, informs and/or identifies incorporated into the Land Use Element of the Master public access requirements associated with any Plan by resolution on {date}. Incorporation into proposed development or redevelopment project. the Master Plan, and final approval of this MPAP by 6 Upon approval of the MPAP by the Department and • Maintain all existing public access to, and along incorporation into the Master Plan, Newark will be tidal waterways and their shores. responsible for ensuring that public access to tidal • Provide opportunities for public access to waterways along the municipality’s shorelines is tidal waterways and their shores through new provided in accordance to this plan. For each new development. public access project, Newark will provide NJDEP • Provide public access that does not create with a letter confirming its consistency with this conditions that may be reasonably expected to MPAP. Any permit issued by the NJDEP will reflect endanger public health and safety, damage the this and ensure that public access requirements are environment, or create significant homeland satisfied in accordance to this plan. Per N.J.A.C. 7:7E security vulnerability. -8.11(j)4, Newark is required to submit a progress report on plan implementation to NJDEP within five Newark’s Municipal Public Access Plan embraces and (5) years from date of plan adoption.
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