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Dale of Adoption Aim� 6 2017
RESOLUTION OF THE BOROUGH OF CARTERET
AUTHORIZING THE CARTERET PLANNING BOARD TO
CONDUCT A PRELIMINARY INVESTIGATION AND MAKE A
RECOMMENDATION AS TO WHETHER THE PROPERTIES
IDENTIFIED AS BLOCK 5501, LOTS 1, 2, 3, 4 AND 31, BLOCK
5703, LOTS 1, 2, 3, 4, 5 AND 6, BLOCK 5704, LOTS 2, 3, 4, 5, 6 AND
7, BLOCK 5805, LOTS 16, 17,18 AND 19, BLOCK 5806, LOTS 12,
13, 14, 15 AND 16, AND BLOCK 5904, LOTS 11, 12, 13, 14, 15, 16
AND 17 ON THE TAN MAP OF THE BOROUGH CONSTITUTE
AN 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, 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 planning board
to undertake a preliminary investigation to determine whether the proposed area is a
redevelopment area in accordance with N.J.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.
NOW, 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 identified as Block 5501, Lots 1, 2, 3, 4 and 31, Block 5703, Lots 1, 2, 3, 4, 5
and 6, Block 5704, Lots 2, 3, 4, 5, 6 and 7, Block 5805, Lots 16, 17, 18 and 19, Block
5806, Lots 12, 13, 14, 15 and 16, and Block 5904, Lots 11, 12, 13, 14, 15, 16 and 17 on
the tax map of the Borough 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.
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.
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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 Matthew C. Karrenberg, Esq., DeCotiis, FitzPatrick,
Cole & Giblin, LLP, Special Redevelopment Counsel to the Borough.
Adapted this 6th day of April, 2017
and certified as a tun copy of fl
o tigim 1 on April 7, 2017.
KA'IfII.EIN M. BAR[U, M+C
Mrlicipal Clerk
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Adopted at a meeting of dw Municipal Council
_ ATril 6 2017
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