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HomeMy Public PortalAboutr 17-172�hsolufivn of �t �orough of Carteret, X_ 04- No. 17 -172 Date of Adoptio C>✓tober 5, 2017 RESOLUTION OF THE BOROUGH OF CARTERET DECLARING 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 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. 17 -59, duly adopted on April 6. 2017, 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 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 maps of the Borough (the "Properties ") 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 Planning Board held a hearing on September 27. 2017 to review the results of the preliminary investigation and to solicit public continents on whether the Planning Board should recommend to the Borough Council that the Properties 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 Properties 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 September 27, 2017 has recommended 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 Properties have 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 further finds that said recommendation is supported by substantial evidence; and WHEREAS, the Borough Council further concludes that there exists within the Properties 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. N.J.S.A. 40A:12A -5, as more fully 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: NO. 17 -172 PAGE 2 Section 1. The Properties 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. Section 2. In connection with the redevelopment of the Properties, 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 4. 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 forward 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 8. The Borough Council hereby directs the Planning Board to prepare a Redevelopment Plan for the 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 & Giblin, LLP, Special Redevelopment Counsel to the Borough. Adopted this 5 day of October, 2017 and certified as a true copy of the original on October 6, 2017. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. EEUM X .JCRAL X DIAZ x Idt[M X X NAPLES X DRAk9 o — X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veut I Adopted at a meeting of the Municipal Council t�� 5 2017