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#23-53 Date of Adoption February 2, 2023
RESOLUTION OF THE BOROUGH OF CARTERET, IN THE
COUNTY OF MIDDLESEX, NEW JERSEY DESIGNATING
CERTAIN PROPERTY LOCATED NEAR THE SOUTHERN END
OF INDUSTRIAL HIGHWAY AND IDENTIFIED AS BLOCK 102,
LOT 5.02 ON THE OFFICIAL TAX MAP OF THE BOROUGH
AS AN AREA IN NEED OF REDEVELOPMENT
WHEREAS, by Resolution No. 21-49, adopted on March 4, 2021, the Borough Council
authorized and directed the Borough's Planning Board (the "Planning Board") to
undertake an investigation to determine whether the area located near the southern end of
Industrial Highway, consisting of one parcel, identified as Block 102, Lot 5.02 on the
Official Tax Map of the Borough (collectively, the "Study Area") constitutes an area in
need of redevelopment tinder the New Jersey Local Redevelopment. and Housing Law,
N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law"); and
WHEREAS, the Planning Board caused Beacon Planning and Consulting Services, LLC
(the "Planning Consultant") to conduct a preliminary investigation to determine whether
the Study Area should be designated as an area in need of redevelopment; and
WHEREAS, the Planning Board received a report and map depicting the Study Area
prepared by the Planning Consultant, entitled "AMAX Redevelopment Area
Assessment', dated December 2022 (the "Report"), concerning the determination of the
Study Area as an area in need of redevelopment; and
WHEREAS, on December 21, 2022, the Planning Board reviewed the Report, heard
testimony from a representative of the Planning Consultant, and conducted a public
hearing during which the owners of the property in the Study Area and members of the
general public were given an opportunity to present their own evidence and/or to cross-
examine the Planning Consultant concerting the potential designation of the Study Area
as an area in need of redevelopment; and
WHEREAS, the Planning Consultant concluded in the Report and testified to the
Planning Board on December 21, 2022, that the properties in the Study Area satisfy the
criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5e, 5g, and 511;
and
WHEREAS, the Planning Board also heard testimony on December 21, 2022; from the
Borough's engineer, Matthew:Zwingraf, Project Manager with CME, and the Borough's
environmental consultant, Lawra Dodge, President of Excel Environmental Resources,
respectively, regarding the condition of Study Area, and whose findings and testimony
were relied upon by the Planning Consultant in preparing the Report; and
WHEREAS, the Planning Board also heard testimony from AMAX, the owner of
property, by and through its counsel, Laura Kyler, Esq., Joseph Brunner, the Director of
Discontinued Operations of US Metal Refinery Company, and Peter Steck, a planning
consultant with Community Planning Consultants, who collectively objected to the
designating the Study Area, as an "area in need of redevelopment" under the
Redevelopment Law; and
WHEREAS, after the conclusion of the public hearing described above, the Planting
Board determined that the Study Area meets criteria set forth in N.J.S.A. 40A:12A-5c,
5g, and 511 for designation as an area in need of redevelopment and determined that it
would recommend that the Borough Council so designate the Study Area; and
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WHEREAS, on January 25, 2023, the Planning Board adopted a Resolution of Findings
and Conclusions setting forth such findings and recommendations; and
WHEREAS, the Borough Council agrees with the conclusions of the Planning Board
that the Study Area satisfies the criteria for redevelopment area designation set forth in
N.J.S.A. 40A:12A-5c, 5g, and 5h and the Borough Council finds that such conclusion is
supported by substantial evidence; and
WHEREAS, the Borough Council now desires to designate the Study Area as an area in
need of redevelopment, pursuant to N.J.S.A. 40A:12A-6, and authorize and direct the
Planning Consultant to prepare a redevelopment plan for the Study Area.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Carteret, County of Middlesex, State of New Jersey, as follows:
1. The aforementioned recitals hereof are incorporated herein as though set
forth at length herein.
2. The properties designated as Block 102, Lot 5.02 on the Official Tax Map
of the Borough satisfy the criteria for redevelopment area designation set
forth in N.J.S.A. 40A:12A-5c, 5g, and 5h as set forth in the Report and
such area is hereby designated as an area in need of redevelopment (the
'Redevelopment Area").
3. In connection with the redevelopment of the Redevelopment Area, 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.
4. The Planning Consultant is hereby authorized and directed to create a
redevelopment plan for the Redevelopment Area.
S. This resolution shall take effect immediately.
Adopted this 2"d day of February, 2023
and certified as a true copy of the
original on February 3, 2023.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
A.B.
COUNCILMAN
YESNO
NV
A.B.
BELLINOX
JOHALDIAZ
UYESNO
RRUM
X
DIMASCIO
NAPLES
X
X-Indicate Vote
AB -Absent NV - Not Voting XOR- Indicates Vole to Overrule Veto
Adopted at a meeting of the Municipal Council
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