HomeMy Public PortalAboutr 15-224C z ar of h,� .oroar lj of Q lux: er—el, �q.. f -
No.. B7224
Date of Adoptim n.11a vemhen 5, 2015
RESOLUTION OF THE BOROUGH OF CARTERET DECLARING
BLOCK 602, LOTS 1, 7 AND 8, BLOCK 603, LOT 1 AND BLOCK 705,
LOTS 3 -6, 12, 13, 17 -19 AND 21 -41 ON THE TAX MAPS OF THE
BOROUGH, AS AREA IN NEED OF REDEVELOPMENT, AND
MORE SPECIFICALLY, A CONDEMNATION REDEVELOPMENT
AREA, PURUSUNT TO THE LOCAL REDEVELOPMENT AND
HOUSING LAW, N.J.S.A. 40A:12A -1 ET SEQ.
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et
seq., as amended and supplemented (the "Redevelopment Law ") provides a process for
municipalities to participate in the redevelopment and improvement of areas in need of
redevelopment; and
WHEREAS, by Resolution No. 15 -174, duly adopted on August 6, 2015, the
Mayor and Council of the Borough of Carteret (the "Borough Council ") authorized and
directed the Planning Board of the Borough of Carteret (the "Planning Board ") to
undertake a preliminary investigation to determine whether the property designated as
Block 602, Lots 1, 7 and 8, Block 603, Lot I and Block 705, Lots 3 -6, 12, 13, 17 -19 and
21 -41 on the tax maps of the Borough (the "Property ") meet the criteria set forth in the
Redevelopment Law as an "area in need of redevelopment' as defined therein, and
WHEREAS, after providing requisite notice, the Planting Board held a hearing
on September 23, 2015 to review the results of the preliminary investigation and to solicit
public comments on whether the Planning Board should recommend to the Borough
Council that the Property be determined to be "an area in need of redevelopment', and
more specifically as a Condemnation Area; and
WHEREAS, at the public hearing, the Planning Board considered the testimony
of and exhibits furnished by a licensed professional planner from Beacon Planning and
Consulting Services, LLC, the author of the Redevelopment Area Assessment Report for
the Property (the "Assessment Report") and afforded all interested members of the public
an opportunity to make, inquire into, and give testimony concerning the boundaries of the
Property and whether said area should be determined to be "an area in need of
redevelopment', and more specifically as a Condemnation Area; and
WHEREAS, the Planning Board, by a Resolution of Findings and Conclusions
dated October 28, 2015 has recommmended to the Borough Council, pursuant to Section 6
of the Redevelopment Law, that the Properties be determined to be "an area in need of
redevelopment', and more specifically, a Condemnation Area, finding that the Property
has met one or more of the statutory criteria in the Redevelopment Law; and
WHEREAS, the Borough Council has given due consideration to the
recommendation of the Planning Board and farther finds that said recommendation is
supported by substantial evidence; and
WHEREAS, the Borough Council further concludes that there exists within the
Property sufficient criteria for the designation of "an area in need of redevelopment', and
more specifically, as a Condemnation Area, in accordance with the Redevelopment Law,
including without limitation, NKLS.A. 40A: 12A-5, as more filly described and delineated
in the Assessment Report and as found by the Planning Board.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council
as follows:
Section 1. The Property shall constitute "an area in need of redevelopment ",
and more specifically, a "Condemnation Area ", pursuant to, and in accordance with, the
Redevelopment Law and all other applicable law.
NO. 15 -224
PAGE_
Section 2. In connection with the redevelopment of the Property, the Borough
shall be authorized to use all the powers provided under the Redevelopment Law for use
in a redevelopment area, including the power of eminent domain.
Section 3. The Borough Clerk is hereby authorized and directed to forward
this Resolution to the Commissioner of the New Jersey Department of Community
Affairs.
Section d. The Borough Clerk is hereby authorized and directed to forward
this Resolution to the Planning Board.
Section 5. The Borough Clerk is hereby authorized and directed to £onward
this Resolution to each and every owner of the Properties along with any notices as
required by the Redevelopment Law.
Section 6. The Borough Clerk is hereby authorized and directed to publish
and post notice of this Resolution as required by applicable law.
Section 7. The Borough Clerk is hereby authorized and directed to maintain a
copy of this Resolution and the Assessment Report on file in the Office of the Borough
Clerk for public inspection.
Section S. The Borough Council hereby directs the Planning Board to prepare
a Redevelopment Plan for file Properties in accordance with the Redevelopment Law.
Section 9. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 10. Upon the adoption hereof, the Borough Clerk shall forward
certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis, Fitzpatrick
& Cole, LLP, Special Redevelopment Counsel to the Borough.
Adopted this 5th day of November, 2(
and certified as a true copy of the
original on November 6, 2015.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
I BaMD ° I I 1 II MI I I I I X I
x
x
X Indicate Vote AB - Absent NV - Not Volmg XOR - Indiaztcs Vole to Ovenulc Vero
Adopted at a meeting of the Municipal Council