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Home My Public Portal AboutOrd. 11-002MrMnant1 No 11 _2 I11E Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE BOROUGH OF CARTERET, N.J. AN ORDINANCE AMENDING ORINANCE 03 -07 RELATING TO BLOCK 5.02, LOTS 1.01, 1.02,2.01 BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. a) In January, 2003 the Borough Council of the Borough of Carteret (the "Borough ") after due consideration and in conformance with the Local Housing and Redevelopment Law (N.J.S.A. 40A:12A -1 et seq., (the 'Redevelopment Law") determined that certain properties, including Lots 1.01 and 2.01 in Block 5.02 owned by E. I. DU PONT DE NEMOURS AND COMPANY and Lot 1.02 in Block 5.02 owned by BASIN HOLDINGS CORP., qualified as an "area in need of redevelopment.' b) The Borough thereupon designated the aforesaid properties as the Chrome Waterfront Redevelopment District (the "CWRD "). c) In February, 2003 the Borough, after due consideration and in conformance with the Redevelopment Law, adopted the Chrome Waterfront Redevelopment Plan for the CRWD (the "CRWD Redevelopment Plan"). d) Pursuant to the within Ordinance, the Borough Council hereby refers a certain First Amendment to the Chrome Waterfront Redevelopment Plan attached hereto as Exhibit A (the "First Amendment to the CRWD Redevelopment Plan") to the Planning Board of the Borough of Carteret for it review and recommendation concerning said Amendment to the CRWD Redevelopment Plan, without further action scheduled thereon pending said review and recommendation(s). e) Following the said referral of the First Amendment to the CRWD Redevelopment Plan, the Planning Board of the Borough of Carteret, after due consideration in conformance with the Redevelopment Law, has recommended the adoption of that certain Fast Amendment to the CRWD Redevelopment Plan. 1) The Borough has reviewed the Fast Amendment to the CRWD Redevelopment Plan and held a public hearing thereon for purposes of receiving comments from interested parties as well as the general public. NO. 11 -2 PAGE - _ g) The Borough considers it to be in the best interests of its residents and in furtherance of the general welfare of the community to adopt the First Amendment to th CRWD Redevelopment Plan. SECTION 2. The First Amendment to the CRWD Redevelopment Plan is hereby adopted as the official Amendment to the CRWD Redevelopment Plan to the extent applicable for the C WRD in accordance with the Redevelopment Law. SECTION 3. All ordinances and/or provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of any such inconsistencies. SECTION 4. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this Ordinance. SECTION 5. This Ordinance shall take effect twenty (20) days following final passage and Publication according to law. RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BEU DO X KtII`9 X DIAZ x RA= x D1 Mk%10 X x X • Indicate Vole AD-Absent NV . Not Voting XOR - Indkales Vole to Overrule Veto Adopted on firsDrea ' of the u iI Adoptedonsecon eadingafterhe ng f the Borough ofCarteret, N.J., on `)al"$131y 27, 2011 JIM 16, 2011 APPROVED HY A ON hfUNICIPAL CLE K FIRST AME NDMENT TO THE REDEVELOPMENT PLAN FOR THE CHROME WATERFRONT REDEVELOPMENT AREA The Redevelopment Plan for the Chrome Waterfi Redevelopment Area prepared by Schoor DePalma, Inc. (David G. Roberts) and adopted by the Borough of Carteret in February, 2003 as the redevelopment plan for the Chrome Waterfront Redevelopment Area ( "CWRA ") pursuant to Ordinance #03 -07 (the "Original Redevelopment Plan "), is hereby amended by this First Amendment to the Redevelopment Plan to the extent that this Amendment further provides for and regulates the redevelopment of Block 5.2, Lots 1.01 and 2.01 owned by E.I. Du Pont De Nemours and Company ( "DuPont Tract ") and Block 5.02 Lot 1.02 owned by Basin Holdings Corp. ("Basin Property ") within the Chrome Waterfi•ont Redevelopment Area (this "Amendment ") as follows: I. "Section 1.1— Background" is hereby amended such that the following paragraph is added to the end thereof: Since the adoption of Original Redevelopment Plan in 2003, JNC Materials LLC ( "JNC'), a tenant on the Basin Property, was operating a recycling facility on the Basin Property, but then began placing inbound rflaterial from its operation on the DuPont Tract, without DuPont's permission and without permits from the NJDEP or the Borough of Carteret. JNC subsequently declared bankruptcy and abandoned its operation, leaving behind a large debris pile (the "Debris Pile') covering portions of both the Basin Property and the DuPont Tract. The total volume of debris pile is currently estimated to be 400, 000 cubic yards, 280, 000 of which is estimated to be located on the DuPont Tract. The Debris Pile consists of various materials including soil, concrete, brick, wood, atul metals. The existence of this unlawful condition upon the DuPont Tract and Basin Property has created a major further impediment to redevelopment of these properties. The Debris Pile material is not re- useable elsewhere in its current raw and potentially contaminated state, so the most expedient solution to redress this condition is for the Borough's current redevelopment plan to be amended for industrial use so that DuPont can revise its environmental remediation plan to accommodate reuse of as much of the material as possible by spreading it around its site prior to installing the final cap that will become part of the permanent environmental remedy. This cap will then be incorporated into the redevelopment of the property, most likely for a warehouse /distribution facility or similar industrial use. Thus, the Borough Council has determined that it is in the best interest of its residents to expand the uses permitted upon Block 5.2, Lots 1. 01, 1.02 and 2.01 within the CWRA to include those commercial and industrial uses outlined herein. The purpose of this Amendment is to advance the prospects for the elimination and /or remediation of the 1 Debris Pile through its beneficial reuse upon these encumbered parcels consistent with the commercial and/or industrial uses provided for herein. II. "Section 5.1 —Land Use Options" is amended such that the following shall be henceforth permitted upon Block 5.2, Lots 1.01, 1.02 and 2.01 only: For Block 5.2, Lots 1. 01, 1.02 and 2.01 within the CWRA, the following land use options shall apply: A. Permitted Principal Uses (1),411 uses permitted in the LI — Light Industrial Zone; (ii) Research, experimental and testing laboratories; (iii) Wholesale offices and showrooms with accessory storage ofgoods; (iv) Warehousing and distribution facilities; (v) Personal and business service establishments; (vi) Truck terminal facilities; and (vi) Automotive and truck service stations. B. Perin itted Accessory All uses incidental to or generally associated with or necessary for the efficient operation of any of the aforesaid Principal Uses at Block 5.2, Lots 1. 01, 1.02 and 2.01 within the CWRA, including, by way of example and not limitation: (i) Off- streetparking, loading and unloading; (ii) Outside truck and trailer storage; (iii) Related utility structures; (iv) Vehicle ftueling, washing and servicing facilities; and (v) Fences, security booths and similar equipment. III. "Section 5.2.4 Bulk Standards" is hereby amended to add the following: For any non - residential use upon Block 5.2, Lots 1. 01, 1.02 and 2.01 within the CWRA, the following standards shall apply: Minimum Lot Area 40, 000 square feet Minimum Lot Width 200 feet Minimum Front Setback (from Roosevelt Avenue only) 20 feet Minimum Side Setback 20 feet Minimum Rear Yard 0 feet (Arthur Kill) Maximum Coverage —Principal Building(s) 65% Maximum Coverage — Impervious Sur face 90% Maximum Height - Principal Building 60 feet Parking Spaces 1 per 3, 000 square feet of gross floor area, excluding office areas; plus 1 per 500 square feet of office space Off Street Loading Spaces 1 per 10, 000 square feet ofgross floor area In addition to the foregoing, a warehouse /distribution facility generally consistent with the concept plan attached hereto as Exhibit A shall also be permitted, specifically including the provision for direct access to Roosevelt Avenue and passenger vehicle ingress /egress and truck emergency access to the Marina Drive. IV. The following is added to the end of the Original Plan: Section 8 — Supersedes All provisions of the Original Redevelopment Plan shall remain in full force and effect except to the extent the same is amended and supplement hereby. Accordingly, to the extent that any of the provisions of the Original Redevelopment Plan regulating the redevelopment of Block 5.2, Lots 1. 01, 1.02 and 2.01 within the CWRA are inconsistent with any provision of this Amendment, the former are hereby repealed as to the above properties only. In addition, if any section, subsection, part clause or phrase of this Amendment shall be declared invalid by judgment of any court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this Amendment. .97 �� t � k , J� r��a J Agm MiLA 1, yf W F-I9 1WWW11 S Ii W s ��ryry Z V 019 N as 2 Z Y 3 g S 3�3 ai 5 ® W g 5¢ I O Cl ci �� / (Jll��i�l��l�(A +u ar lf[4i yii •.�° 1 'N - i Via. _• f '3 O � °Yg � 8 nll nmttHp� — � . 8 13 i��a• A��gg§ I1�.1.. 1 s 3 1 a g��9 t� x I_�a AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in' Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: June 1, 2011 rd Notary Public of New Jersey Kat hleen M Barney, MMC Municipal Clerk LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2; 2C°t4° Sworn and subscribed Wore me this day of 11 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: June 23, 2011 I � /Z �. - Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 Sworn and subscribed before me this , j,,& / day of Ai Kathleen M. Barney, MMC j Municipal Clerk MMC 355830