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HomeMy Public PortalAboutr 15-248No. Date of Adoptio2_ 'r 3 , 2M AUTHORIZING THE CARTERET PLANNING BOARD TO CONDUCT A PRELFNHNARY INVESTIGATION AND NIAKE A RECOMMENDATION AS TO WHETHER CERTAIN IDENTIFIED PROPERTIES WITHIN THE BOROUGH CONSTITUTE AN AREA IN NEED OF REDEVELOPMENT PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, NASA. 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, pursuant to the Redevelopment Law, particularly N.J.S.A. 40A:12A -6, no area of a municipality shall be determined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize the platming board to undertake a preliminary investigation to determine whether the proposed area is a redevelopment area in accordance with MJ.S.A. 40A: 12A-5; and WHEREAS, the Borough of the Carteret (the "Borough ") wishes to assign the conduct of the preliminary investigation and hearing(s) to the Carteret Planning Board (the "Planning Board ") pursuant to the provisions of the Redevelopment Law; and WHEREAS, in the event that the Planning Board shall determine that the properties qualify as an area in need of redevelopment, the properties shall be deemed a Condemnation Redevelopment Area in accordance with the Redevelopment Law, and such determination shall authorize the Borough, or such other redevelopment entity, to utilize all the powers as set forth in the Redevelopment Law for use in the Condemnation Redevelopment Area, including without limitation, the power of eminent domain. NOSY, THEREFORE, BE IT RESOLVED as follows: Section 1. The Planning Board is hereby authorized and directed to initiate and undertake a preliminary investigation and hearing(s) to determine whether the properties listed on Schedule A, attached hereto and made a part hereof, as identified on the Borough's Tax Map constitute a redevelopment area, and more specifically, a Condemnation Redevelopment Area, in accordance with the Redevelopment Law. Section 2. The Planning Board is hereby authorized to utilize the services of Beacon Planning and Consulting Services, LLC, as previously authorized, to assist the Planning Board with the preliminary investigation and hearing(s). Section 3. The Planning Board, upon completion of the preliminary investigation and hearing(s), shall make a recommendation to the Mayor and Council in accordance with the Redevelopment Law. particularly N.J.S.A. 40A:12A -6(b), as to whether the properties referenced herein satisfy the criteria as an area in need of redevelopment, and more specifically, a Condemnation Redevelopment Area, in accordance with the Redevelopment Law. NO, - 1-5 4&_ PAG Section 4. To the extent the Planning Board shall determine that the properties qualify as an area in need of redevelopment, the properties shall be deemed a Condemnation Redevelopment Area in accordance with the Redevelopment Law, and such determination shall authorize the Borough, or such other redevelopment entity, to utilize all the powers as set forth in the Redevelopment Law for use in the redevelopment area, including without limitation, the power of eminent domain. Section 5. The Borough Clerk is hereby authorized and directed to forward this Resolution to the Planning Board for action consistent herewith, Section 6. This resolution shall take effect at the time and in the manner prescribed by law. Section 7. Upon the adoption hereof, the Borough Clerk shall forward certified copies of this Resolution to Beacon Planting and Consulting Services, LLC and the Borough's Law Director. Adopted this 3 day of December 2015 and certified as a true copy of the original on December 4, 2015, KATHLEEN M. BARNEY Municipal Clerk RECORD OF COUNCIL VOTE me X - lahcam Vote AB - Absent W Not Vot!og XOR Indicates 9olc to Overrule Vcm j Adopted m It meeting of the hWninpal Council [�atix�r 3 C R Schedule "A" Block 6805 Lot I Block 6805 Lot 2 Block 6805 Lot 3 Block 6805 Lot 4 Block 6805 Lot 5 Block 6805 Lot 6 Block 6805 Lot 7 Block 6805 Lot 8 Block 6805 Lot 22 Block 6805 Lot 23 Block 6805 Lot 24 Block 6805 Lot 25 Block 6805 Lot 26 Block 6805 Lot 27 Block 6805 Lot 28 Block 6805 Lot 29