HomeMy Public PortalAboutr 21-246Poolution of #4e Poxoug4 of Tur exec, N. 31
No 21 -246 Date of AdoutioaDecemher 9, 2021
RESOLUTION OF THE BOROUGH OF CARTE' RE DECLARING
BLOCK 6804, LOTS 8 and 9 and BLOCK 6805, LOTS 9, 10, 11, 19,
20 and 21 ON THE TAX MAPS OF THE BOROUGH, AS AREA IN
NEED OF REDEVELOPMENT, AND MORE SPECIFICALLY, A
NON - 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. 21 -193, duly adopted on October 14, 2021, 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 6804,
Lots 8 and 9 and Block 6805, Lots 9, 10, 11, 19, 20 and 21 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
November 24, 2021 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 Properties be determined to be "an area in need of redevelopment", and
more specifically as a Non - 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 Non - Condemnation Area; and
WHEREAS, the Planning Board, by a Resolution of Findings and Conclusions dated
November 24, 2021 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 Non - 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 Non - 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. 21 -246
PAGE 2
Section 1. The Properties shall constitute "an area in need of redevelopment",
and more specifically, a "Non- 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, other
than the power of eminent domain.
Section 3. The Borough Clerk is hereby authorized and directed to forward
Section 9. 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 9'b day of December, 2021
and certified as a true copy of the
original on December 10, 2021.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
this Resolution to the Commissioner of the New Jersey
NO
Department of Community Affairs.
Section 4.
The Borough Clerk is hereby authorized and directed to forward
YES
Us Resolution to the Planning Board.
Section 5.
The Borough Clerk is hereby authorized and directed to forward
BELLING
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
X
and post notice of this Resolution as required by applicable law.
Section 7.
The Borough Clerk is hereby authorized and directed to maintain a
DIAZ
copy of this Resolution and the Assessment Report on file in the
Office of the Borough Clerk for public inspection.
Section S.
This resolution shall take effect at the time and in the manner
prescribed by law.
Section 9. 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 9'b day of December, 2021
and certified as a true copy of the
original on December 10, 2021.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A.D.
BELLING
x
JOHAL
X
DIAZ
X
DIMASCIO
X
NAPLES
X
X - Indicate Vote ' AB- Absent NV - Not Voting XOR- Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
it December 9 12021
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