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Home My Public Portal Aboutr 18-109�veolution o the �Vrough of Tartexe#, No. 18 -109 Date of Adoptio 1 by 11, 2018 RESOLUTION OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AUTHORIZING AND DIRECTING THE BOROUGH PLANNING BOARD TO UNDERTAKE AN INVESTIGATION OF CERTAIN PROPERTY LOCATED IN THE BOROUGH TO DETERMINE WHETHER SUCH PROPERTY CONSTITUTES AN AREA IN NEED OF REDEVELOPMENT PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW (N.J.S.A. 40A:12A -1 et seq.) AND, IF SO, AUTHORIZING AND DIRECTING THE PREPARATION OF A REDEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et seq. "Redevelopment Law "), authorizes a municipality to determine whether certain parcels of in the municipality constitute areas in need of rehabilitation or redevelopment; and WHEREAS, to determine whether certain parcels of land constitute areas in need of 3pment under the Redevelopment Law the Municipal Council (the "Council ") of the h of Carteret (the "Borough ") must authorize the Planning Board of the Borough (the ing Board ") to conduct a preliminary investigation of the area and make tendations to the Council; and WHEREAS, on April 10, 2014, the Borough Council, following the recommendation of Planning Board, adopted Resolution No. 14 -71, designating the properties identified as Block 1, Lots 1, 2 and 18, and Block 6502, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 on tax map of the Borough (the "Cooke Avenue Mixed -Use Redevelopment Area ") as an :a in need of redevelopment" pursuant to the Redevelopment Law; and WHEREAS, on April 23, 2014, the Planning Board reviewed a proposed redevelopment for the Cooke Avenue Mixed -Use Redevelopment Area, prepared by Beacon Planning and ulting Services, LLC and dated April 2014 (the "Cooke Avenue Mixed -Use ;velopment Plan'); and WHEREAS, on May 15, 2014, the Borough Council adopted an ordinance approving adopting the Cooke Avenue Mixed -Use Redevelopment Plan for the Cooke Avenue Mixed - Redevelopment Area; and WHEREAS, the Council believes it is in the best interest of the Borough that an ;stigation occur with respect to certain parcels within the Borough and therefore authorizes directs the Planning Board to conduct an investigation of the property identified as Block 1, Lots [6, 7, 8, 16 and 17] on the Official Tax Map of the Borough (collectively, the "Study a "), to determine whether the Study Area meets the criteria set forth in the Redevelopment � specifically N.J.S.A. 40A:12A -5, and should be designated as an area in need of .velopment; and WHEREAS, the redevelopment area determination requested hereunder, in connection the Study Area, authorizes the Mayor and Borough Council to use all those powers led by the Redevelopment Law for use in a redevelopment area, except the power of :nt domain (hereinafter referred to as a "Noncondemnation Redevelopment Area "). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough Carteret, County of Middlesex, State of New Jersey, as follows: Section 1. The foregoing recitals are incorporated herein as if set forth in full. Section 2. The Planning Board is hereby authorized and directed to conduct an ration pursuant to N.J.S.A. 40A: 12A-6 to determine whether the Study Area satisfies the 13030 -097: 785591.3 NO. 18 -109 PAGE 2 criteria set forth in N.J.S.A. 40A:12A- 5 to be designated as an area in need of opment under the Redevelopment Law. Section 3. As part of its investigation, the Planning Board shall prepare a map g the boundaries of the Study Area and the location of the parcels contained therein, and -d thereto shall be a statement setting forth the basis of the investigation. Section 4. The Planning Board shall conduct a public hearing in accordance with the Redevelopment Law, specifically N.J.S.A. 40A:12A -6, after giving due notice of the proposed boundaries of the Study Area and the date of the hearing to any persons who are interested in or would be affected by a determination that the Study Area is an area in need of redevelopment. The notice of the hearing shall specifically state that the redevelopment area determination shall not authorize the Borough or Borough Council to exercise the power of eminent domain to acquire any property in the delineated area, as the Study Area is being investigated as a possible Noncondemnation Redevelopment Area. Section 5. At the public hearing, the Planning Board shall hear from all persons who are interested in or would be affected by a determination that the Study Area is a redevelopment area. All objections to a determination that the Study Area is an area in need of redevelopment and evidence in support of those objections shall be received and considered by the Planning Board and made part of the public record. Section 6. The Planning Board, following said preliminary investigation and 3ring(s), is further authorized and directed to make a recommendation to the governing body the Borough, pursuant to N.J.S.A. 40A:12A -6, as to whether the Study Area should or should t be determined by the governing body to be a Noncondemnation Redevelopment Area. Section 7. In the event the Planning Board determines to recommend that the governing body designate the Study Area as a Noncondemnation Redevelopment Area, the Planning Board is hereby authorized and directed to prepare, or cause Beacon Planning and Consulting Services, LLC to prepare, an amendment to the Cooke Avenue Mixed -Use Redevelopment Plan for the Study Area, and present same to the Planning Board for review. Section 8. In the event the governing body shall designate the Study Area as a Noncondemnation Redevelopment Area, the Borough shall be authorized to use all the powers provided under the Redevelopment Law for use in a redevelopment area, extent the power of eminent domain. Section 9. A copy of this Resolution shall be forwarded to the Planning Board for action consistent therewith. Section 10. This Resolution shall take effect immediately. Adopted this 17` day of May, 2018 And certified as a true copy of the Original on May 18, 2018. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLim X .1ai4L X DIAZ X KEW X 04�= X R4PLE5 X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council 13030 -097: 785591.3 y 17, 2018 �-. LE K ! _0� �A