HomeMy Public PortalAboutOrd. 05-09
No. 05-9
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Councilman
Presents the following Ordinance Seconded by Councilman
AN ORDINANCE TO ADOPT A REDEVELOPMENT PLAN
FOR THE ROOSEVELT A VENUE LIGHT INDUSTRIAL
REDEVELOPMENT DISTRICT IN THE BOROUGH OF CARTERE
BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, a
follows:
Section 1.
a) The Borough of Carteret Planning Board, after due consideratio
and in confonnance with the Local Housing and Redevelopmen
Law, (N.J.SA 40A: I 2A- 1, et seg., "Redevelopment Law"), has
recommended the adoption of the Roosevelt A venue Ligh
Industrial District Redevelopment Plan prepared by Beacon
Planning and Consulting Services, LLC, dated December 30, 2004,
('Redevelopment Plan") for the Roosevelt Avenue Light Industrial
Redevlelopment District established by Resolution No.04-263,
(RALIRD); and
b) The Redevelopment Plan proposes development guidelines for the
development of industrial and commercial uses as set forth in
the Redevelopment Plan; and
c) The Redevelopment Plan is in furtherance of the goals and
objectives of the Borough with respect to the RALIRD and the
Redevelopment Law; and
d) The Borough Council of the Borough of Carteret has reviewed the
Redevelopment Plan and held a public hearing about the
Redevelopment Plan to receive the comments of the public and
interested parties; and
e) The Redevelopment Plan is attached hereto as Exhibit A.
SECTION 2. The Redevelopment Plan is adopted as the official redevelopment
plan for the RALIRD, in accordance with the Local Housing and
Redevelopment Law.
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NO. 0~-9
PAGE
2 of 2
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SECTION 3. The zoning district map of the Borough's Land Development Ordinance
is hereby amended to reflect the applicability of the Redevelopment
Plan to the RALIRD and the Borough's Land Development
Ordinance as it aff~cts the RALIRD is hereby superseded by the
Redevelopment PI~n to the extent set forth therein.
SECTION 4. All Ordinances and/or provisions thereof inconsistent with the provision
of this Ordinance shall be and are hereby repealed as to the extent of
any such inconsistencies
SECTION 5. If any section, subs~tion, part, clause or phrase of this Ordinance shall be
declared invalid by judgment of any Court of competent jurisdiction,
the section, subsection, part, clause or phrase shall be deemed to be
sever able from the remainder of this Ordinance
. -.1 SECTION 6. This Ordinance shall take effect twenty (20) days following final
II passage and publication according to law.
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COUNCILMAN
I BELLINO
DIAZ
KRUM
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
YES NO NY A.B. COUNCILMAN YES
NO NV A.B.
X NAPLES X
X RIOS X
X SITARZ n
X
x . Indicate VOte: AB· Absent Nv . Not Vot,'ng XOR I d
- n icates Vote: to Overrule Veto
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APPROV7 . ,
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I ON ...;....
I Adopted on first readIng of the Council of the Borough ofCarteret, N.J., on
I. Adopted on second reading after hearing on Feþ-ruary 17, 2005
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February 3. 2005
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/ MUNIC'ÞAL CLERK U-
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Publisher's Fee $66.88
Affidavit of Pub . \
p;ffìdavit Chargé~O.Oo
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·State of New Jersey} 55.
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MIDDLESEX COUNTY f':..'),
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Personally appeared MARIAN BUTLER ,9 /<'4,
of the Home NeVITs Tribune, a newspaper printed In Free~61d, NJ aD.d'\ IIshed In NEPTUNE, In said
County and State, and of general circulation In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 (ONE) times, once In each Issue, as follows
VIIB/05.
JI:AN L. E5Pö5\íð
NOTARYl'UBDC Ur NtVV JERSEY
MY COMMISSION EXPTRt.~ JAN, ,¡ ,20 I 0
A.D., 2005
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sworn and subscrIbed before me this
8th day of February, A.D., 2005
BOROUGH OF CARTERET
nue, Carteret, New Jersen at which time and place
~~ ~:rh~~~d~nterested wi be given an opportunity
KATHLEEN M. BARNEY
Certified Municipal Clerk
($66.88) 25048
ORDINANCE #05-9
AN ORDINANCE TO ADOPT A REDEVELOP-
MENT PLAN FOR THE ROOSEVELT AVENUE
LIGHT INDUSTRIAL REDEVELOPMENT DIS-
TRICT IN THE BOROUGH OF CARTERET
BE IT ORDAINED, by the Mayor and Council of
thã~i~U~~ of Carteret, a follows·
a) The Borou¡¡:h of Carteret Planning Board, after
due consideratIon and in conformance with the
¡gA~12~~ï,si~f ::;~, ~.~dedvee~~~~netntLt~:)~,·J;:S
recommended the adoption of the Roosevelt Ave-
nue Light Industrial Dlstrkt Redevelopment Plan
prepared by Beacon Planning and Consulting Ser-
Vices, lLC. dated December 30, 2004, ("Redevel-
opment Plan") for the Roosevelt Avenue Light
Industrial Redevelopment District established by
Resolution No. 04-263, (RALlRD); and
b) The Redevelopment Plan proposes develop-
ment guidelines for the development of industrial
and commercia! uses as set forth in the Redeve!op-
ment Plan; and
c) The Redevelopment Plan is in furtherance of
the goals and objedives of the Borough with re-
sped to the RALlRD and the Redevelopment Law;
"od
et d~a~hr~~~~~1th;~:dc~~~to~~e~~rp~~h a~fd cha:l~e~-
public hearing about the Redevelopment Plan to
receive the comments of the public and interested
parties; and
e) The Redevelopment Plan IS attached hereto as
Exhibit A.
SECTION 2. The Redevelopment Plan is adopted
as the official redevelopment plan for the RALlRD.
;n accordance with the Local Housing and Redevel-
'rTlent Law.
,ECTION 3. The zoning district map of the Bor-
___ ;m~~'Je~at~d r~fi:c~IOt~r;eanp~,~~~ii~f;~~ ~~e h~{edbl
L~~gÕ:~~I~~a~e~~ ~/di~:;~:Da:7td aW:d~of~~~~~
~II~~ ti~ rhe;e:!tesnUt:~~ef~~fh ~hetrhe~n~edeve!opment
SECTION 4. All Ordinances and/or provisions
thereof inconsistent with the provision of this Ordi-
nance shall be and are hereby repealed as to the
extent of any such inconsistendes.
SECTION 5. If any sedion, subsection, part,
dause or phase of this Ordinance shall be dedared
invalid by judgment of any Court of competent
urlsdidion. the sedion subsection, part, dause or
phrase shall be deemed to be severable from the
remainder of this Ordinance.
SECTION 6. This Ordinance shall take effect
twenty (20) days following final passage and publi-
cation according to law.
The foregoing ordinance was introduced at a
~e~dt~~~r~a~~e3~~öö~ilw'hfe~hi~ ~~~oauJohp~:d Coa~t;i~~1
Reading. The said ordinance will be further consid-
ered on Second Reading for final adoption at a
meeting of said Council of the Borough of Carteret
MnU~i~~;~la2'oJr~i~21?c5e F~~if¡r;,02~a~~~S~~~?t Ä~'~
Affidavit of Publication
Publisher's Fee $14.52
- State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared
MARIAN BUTLER
Affidavit Charge $20.00
of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said
county and State, and of general clrculatldn In said county, who being duly sworn, deposeth and salth
that the advertisement of which the annexed Is a true copy, has been published In the said newspaper
1 lONE) times, once In each Issue, as follows
2/27/05,
PATRICIA W. TOWNSEND
MY G~~~~:~~~l~~~~~~\~~1005
(ì -c51 ~
y ttQ11 "/ 71 ry)ßt
Notary Public of New Jersey .
BOROUGH Of CARTERET
ORDINANCE #05-9
AN ORDINANCE TO
ADOPT A REDEVEL-
OPMENT PLAN FOR
THE ROOSEVELT
AVENUE LIGHT IN-
DUSTRIAL REDE·
VELOPMENT DIS-
TRICT IN THE
BOROUGH OF CAR-
TERET
APPROVED AND ADOPT-
f~T~6grtY~Éb~7F:~~ary
3, 2005
Advertised as adopted
on first reading with no-
tice of Public Hearing:
February 8, 2005
~7,a~Ö§5 Held: February
Approved by: Mayor
Daniel J. Reiman
: ~ ~~~~~:e dFebrsua:~n a~V.
2005
KATHLEEN M. BARNEY
MUNICIPAL CLERK
($14.52) 20708
AD,2005 \\~~:\?:~
Sworn and subscribed before me this
27th day of February, A.D., 2005
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PLANNING BOARD
BOARD OF CHOSEN FREEHOLDERS
Camill,'" -ernicola
H. Ja 'olos
John Ä.'r\Jlomena
Christopher D. Rafano
Blanquita B. Valenti
Freeholders
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Thomas F. Boylan III, Chairman
Henry L. Miller, Vice Chairman
Dorothy K. Power, Secretary
Steven D. Cahn, Esq., Counsel
Freeholder Camille Fernicola,
Chairwoman, Department of
Ennineêñrïñ~nlng
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David B. Crablel, Freeholder Director
Stephen J. "Pete" Dalina, Deputy Director
COUNTY OF MIDDLESEX
DEPARTMENT OF PLANNING
Environmental, Parks and Comprehensive Planning Division/ ./
40 Livingston Avenue . ~ ,c;\)/
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New Brunswick, New Jersey 08901 George M. V~rv~es, PP, AICP
732-745-3016 Director of County Planning
Fax 732-745-3011
April 14, 2005
William J. Kruse, PP, AICP
Assistant Planning Director
Ms. Kathleen Barney, Municipal Clerk
Borough of Carteret
61 Cooke Avenue
Carteret, NJ 07008
Dear Ms. Barney:
This is to acknowledge receipt and filing of the following new or amended development regulation or
master plan:
-
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DescriDtion
1.
.9' ,
Redevelopment Plan, Roosevelt Avenue Light
Industrial Redevelopment
This document (if a development regulation) has been filed with the Middlesex County Planning
Board as per the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, C.40:55D-16, as
amended.
If a master plan, master plan element, or revision thereto, your document has been filed with the
Middlesex County Planning Board as per the Municipal Land Use Law, Chapter 291, Laws of New
Jersey 1975, C.40:55D-13, as amended.
Thank you for submitting your document to the County Planning Department.
Sincerely,
/ffJ~C:¡;~/ÚJ
Matthew Flannery
Supervising Planner
MF:lak
c: George M. Ververides, Director of County Planning
REDEVELOPMENT PLAN
ROOSEVELT AVENUE LIGHT INDUSTRIAL DISTRICT
BOROUGH OF CARTERET, NEW JERSEY
The original document was appropriately signed and sealed on December 30, 2004, in
accordance with Chapter 41 of Title 13 of the State Board of Professional Planners.
ákk;\v
Professional\Planner #5180
~¿~,/j
1\ndrew W. JaniW¿;;, AICP
Professional Planner #5775
Beacon Planning and Consulting Services, LLC
Colts Towne Plaza, Suite 207, 41 State Highway 34 South, Colts Neck, New Jersey 07722
Tel: (732) 845-8103 Fax: (732) 845-8104
MEMBERS OF THE CARTERET GOVERNING BODY
Daniel J. Reiman, Mayor
Ronald Rios, President
Joseph Sitarz
Randy Krum
Susan Naples
Frank Parisi
Brian Sosnowski
MEMBERS OF THE CARTERET PLANNING BOARD
Hardayal Singh, Chair
Honorable Daniel J. Reiman, Mayor
Honorable Ronald Rios, Councilman
John Vesey, Secretary
Donald Black
Chet Bohanek
Anthony Neibert
Chris Panvarella
Carlos Torres
Jorge Diaz, Mayor's Alternate
AI Montavane, Alternate #1
Jackie Donovan, Alternate #2
PLANNING BOARD CLERK
Mary Jane Keratt
PLANNING BOARD ATTORNEY
James Clarkin III, Esq.
PLANNING BOARD ENGINEER
John DuPont
Beacon Planning and Consulting Services, LLC ii
Colts Towne Plaza, Suite 207, 41 State Highway 34 South, Colts Neck, New Jersey 07722
Tol- (7":2,'\ Q/1C::_Q1n"2 t::""v' 17?,' OA¡;; 01nl1
TABLE OF CONTENTS
TITLE PAGE
1.0 INTRODUCTION 1
1.1 Background 1
1.2 Statutory Basis for the Redevelopment Plan 2
1.3 Area Description 3
1.4 Utilities and Infrastructure 4
1.5 Environmental Conditions 4
1.6 Urban Enterprise Zone Status 4
2.0 DESCRIPTION OF SITE/FINDINGS OF NEED FOR REDEVELOPMENT 5
3.0 REDEVELOPMENT AREA REGULATIONS 6
3.1 Approach 6
3.2 Plan Interpretation 6
3.3 Purpose and Intent 7
3.4 Design Standards 8
3.5 Permitted Uses 15
3.6 Bulk Standards 16
3.7 Supplemental Regulations 16
4.0 ACQUISITION AND RELOCATION 19
4.1 Properties to be acquired 19
4.2 Relocation 19
5.0 RELATIONSHIP TO OTHER PLANS 20
5.1 Carteret Master Plan 20
5.2 Sewer and Water Service 20
5.3 Transportation and Public Transportation 20
5.4 Relation to Master Plans of Adjacent Municipalities 21
55 Relation to Middlesex County Plan 21
5.6 Relation to State Development and Redevelopment Plan 21
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6.0 IMPLEMENTATION OF THE REDEVELPMENT PLAN
6.1 Redevelopment Entity
6.2 Phasing
6.3 Selection of Designated Redevelopment
6.4 Appointment of a Designated Redeveloper
6.5 Land Disposition
6.6 Property Acquisit!on
6.7 Conditions in Redevelopment Agreement(s)
6.8 Development Review
6.9 Duration of Redevelopment Plan
6.10 Amending the Redevelopment Plan
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FIGURES
Figure 1:
Figure 2:
Figure 3:
Figure 4:
Location Map
Redevelopment Area Map
Existing Zoning
Proposed Zoning
Beacon Planning and Consulting Services, LLC IV
Colts Towne Plaza, Suite 207, 41 State Highway 34 South, Colts Neck, New Jersey 07722
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1.0 INTRODUCTION
1.1 Background
The Borough of Carteret authorized Beacon Planning and Consulting Services,
LLC, to evaluate whether a certain industrial area located along Roosevelt Avenue
would qualify as a Redevelopment Area under the requirements of New Jersey's
Local Redevelopment a,nd Housing Law (LRHL). The findings were presented to
the Planning Board in a study entitled "Redevelopment Area : Assessment -
,
Roosevelt Avenue Industrial Park Project Property" dated July 20.04. The report
found that the area is characterized by conditions that would enable the municipality
to impose a redevelopment designation on the eastern portion of the study area.
Based on the conclusions of the Redevelopment Assessment, the' planning board
recommended that the governing body designate the study area a redevelopment
area. Subsequently, the governing body formally delineated the area for
redevelopment and directed the Planning Board to prepare a redevelopment plan.
The accompanying plan identifies proposed uses for which the area is suitable. It
also sets forth area and bulk requirements to guide the redevelopment ofthe area in
a manner which promotes the health, safety and welfare of the Carteret community.
The redevelopment plan is designed to enhance the presently underutilized area by
allowing an increase in floor area, improve vehicular and pedestrian circulation and
parking configurations, and ensure the provision of a substantial landscape and
aesthetic amenity, while establishing a comprehensive, integrated approach to
development which will result in an attractive and complementary use of the
properties in the redevelopment area. The plan seeks to position the area to
function practically, aesthetically, and productively as a transition point between
other redevelopment efforts and the Borough's industrial center. The plan is also
designed to compliment and implement the specific goals, objectives and policy
statements set forth in the Borough Master Plan dated 1973 and Master Plan Re-
examination Report adopted in June 1998, especially those that apply to the
community's industrial districts.
Beacon Planning and Consulting Services, LLC
Colts Towne Plaza, Suite 207, 41 State Highway 34 South, Colts Neck, New Jersey 07722
Tel: (732) 845-8103 Fax: (732) 845-8104
Following the review of the plan set forth in this report, the Planning Board would
forward it to the governing body for formal action. The statute governing this
process allows a plan to encompass the redeveloprnent and/or rehabilitation of
some or all of the properties within the delineated area.
1.2 Statutory Basis for the Redevelopment Plan
The Local Redevelopment and Housing Law (LRHL) sets forth the following criteria
that must be addressed in a redevelopment plan:
A. No redevelopment project shall be undertaken or carried out except in
accordance with a redevelopment plan adopted by ordinance of the
municipal governing body, upon its finding that the specifically
delineated project area is located in an area in need of redevelopment
or in an area in need of rehabilitation, or in both, according to criteria
set forth in section 5 or section 14 of P.L.1992, c.79 (CAOA:12A-5 or
40A:12A-14), as appropriate.
The redevelopment plan shall include an outline for the planning,
development, redevelopment, or rehabilitation 'of the project area
sufficient to indicate:
1. Its relationship to definite local objectives as to appropriate
land uses, density of population, and improved traffic and
public transportation, public utilities, recreational and
community facilities and other public improvements.
2. Proposed land uses and building requirements in the project
area.
3. Adequate provision for the temporary and permanent
relocation, as necessary, of residents in the project area,
including an estimate of the extent to which decent, safe and
sanitary dwelling units affordable to displaced residents will be
available to them in the existing local housing market.
4. An identification of any property within the redevelopment
area which is proposed to be acquired in accordance with the
redevelopment plan.
5. Any significant relationship of the redevelopment plan to (a)
the master plans of contiguous municipalities, (b) the master
Beacon Planning and Consulting Services, LLC
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plan of the county in which the municipality is located, and (c)
the State Development and Redevelopment Plan adopted
pursuant to the "State Planning Act," P.L.1985, c.398.
B. A redevelopment plan may include the provision of affordable housing
in accordance with the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-
301 et al.) and the housing element of the municipal master plan.
C. The redevelopment plan shall describe its relationship to pertinent
municipal development regulations as defined in the "Municipal Land
Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The redevelopment
plan shall supersede applicable provisions of the development
regulations of the municipality or constitute an overlay zoning district
within the redevelopment area. When the redevelopment plan
supersedes any provision of the development regulations, the
ordinance adopting the redevelopment plan shall contain an explicit
amendment to the zoning district map included in the zoning
ordinance. The zoning district map as amended shall indicate the
redevelopment area to which the redevelopment plan applies.
Notwithstanding the provisions of the "Municipal Land Use Law,"
P.L.1975, c.291 (C.40:55D-1 et seq.) or of other law, no notice
beyond that required for adoption of ordinances by the municipality
shall be required for the hearing on or adoption of the redevelopment
plan or subsequent amendments thereof.
1.3 Area Description
The Roosevelt Avenue Light Industrial Park Redevelopment Area is located in the
eastern portion of the Borough of Carteret, and occupies an area of approximately
11.98 acres. Figure 1 shows the location of the redevelopment area within the
Borough. The area has just over 1,000 feet of frontage on Roosevelt Avenue.
Figure 2 delineates the boundaries of the Redevelopment Area, and identifies
properties within. Two properties comprise the tract; Block 6.02, Lots 6 and 7.
The areas to the north and south are developed for industrial use, while the area to
the west contains industrial, commercial and residential uses. The area to the east,
across Roosevelt Avenue, is currently characterized by heavy industrial facilities.
The Carteret Waterfront Redevelopment Area, designates this area for residential
and consumer related commercial development.
Beacon Planning and Consulting Services, LLC 3
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1.4 Utilities and Infrastructure
Municipal water, sanitary sewer, storm water provisions, natural gas, electricity, and
voice and data transmission facilities either serve or are available to serve the
parcels within the Redevelopment Area.
·
Water: Middlesex Water Company services the entire Borough of Carteret for
domestic purposes and with water pressure for fire fighting pu~poses.
·
Sanitary Sewerage: The Borough maintains and operates a sewerage
collection system that pumps the collected wastewater to the regional Middlesex
County Utility Authority for treatment. While surcharging of portions of the storm
system does occur, the separation of storm from sanitary lines has eliminated
potential health concerns.
·
Electricity: Power is provided to the Redevelopment Area by Public Service
Electric and Gas (PSE&G).
·
Natural Gas. Gas lines that service the Redevelopment Area are provided by
New Jersey Natural Gas.
· Voice and Data Transmission: Verizon services are available for the
redevelopment Area.
1.5 Environmental Conditions
Any and all redevelopment efforts must consider the environmental status of the
area. Potential environmental liabilities present within the area must be identified
and all planning and redevelopment/rehabilitation pursued pursuant to all applicable
laws, statutes and pertinent rules.
1.6 Urban Enterprise Zone Status
In 1994 Carteret gained an Urban Enterprise Zone (UEZ) status for the district
comprising the redevelopment area.
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2.0 DESCRIPTION OF SITE AND FINDING OF NEED FOR REDEVELOPMENT
An area analysis is contained in the report entitled "Redevelopment Area
Assessment: Roosevelt Avenue Industrial Park Project Property" dated July 6,
2004. The following statutory criteria were cited together with the block and lot
designations and a description of the condition evident as justification for inclusion
of the properties for redevelopment;
Criterion A:
Criterion 0:
Criterion E:
The generality of buildings are substandard, unsafe,
unsanitary, dilapidated or obsolescent, or possess any of such
characteristics, or are so lacking in light, air, or space, as to be
curtducive to unwholesome living or working conditions.
Areas with buildings or improvements which, by reason of
dilapidation, obsolescence, overcrowding, faulty arrangement
of design, lack of ventilation, light and sanitary facilities,
excessive land coverage, deleterious land use or obsolete
layout, or any combination of these or other factors, are
detrimental to the safety, health, morals or welfare of the
community.
A growing lack or total lack or property utilization of areas
caused by the condition of the title, diverse ownership of the
real property therein or other conditions, resulting in a stagnant
or not fully productive condition of land potentially useful and
valuable for contributing to and serving the public health,
safety and welfare.
The redevelopment area assessment represented the first step of an extensive planning
process. The governing body has elected to proceed with the recommendations of the
Planning Board, pursuant to Resolution 04-263. Subsequently, the governing body
directed the Planning Board to prepare a redevelopment plan. The statute governing this
process allows a plan to encompass the redevelopment and/or rehabilitation of some or all
,
of the properties within the delineated area. The analysis highlighted the fact that portions
of the study area are not utilized in a manner that allows the achievement of their full
development potential, and thus does not enable them to contribute to the public health,
safety, and general welfare of the community.
Beacon Planning and Consulting Services, LLC 5
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3.0
3.1
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3.2
REDEVELOPMENT AREA REGULATIONS
Approach
The most appropriate planning approach for the municipality is to create a planned
transitional industrial development district that reflects the relationship of the
redevelopment area to the community's existing industrial area and waterfront
redevelopment areas, ä$ well as its unique development potential. The intent is to
permit industrial development with ancillary commercial and office uses, as well as a
significant landscape amenity that will complement the anticipated redevelopment of
the waterfront area to the east.
Plan Interpretation
Unless otherwise specified herein, the standards contained within this
Redevelopment Plan shall regulate the land use, bulk requirements, sign
regulations and design standards in the Redevelopment Area, and shall apply to
any redevelopment or rehabilitation project designed to implement the Plan,
whether by a designated redeveloper or by private property owners. Where
regulations of the Plan conflict with the Land Development Ordinance or Design
Standards of the Borough, this Plan shall control. A new zoning district to
accommodate the intended permitted land uses will be established and known as
the Roosevelt Avenue Light Industrial District (RAllO). This zone district is not an
overlay zone, but replaces the current zoning designation for the Redevelopment
Area. Final adoption of this Redevelopment Plan by the Borough Council shall be
considered an amendment to the Borough of Carteret Land Development
Ordinance and Zoning Map. Unless otherwise defined herein, terms used in this
plan shall have the same meaning ascribed to them in the Borough's Land
Development Ordinance.
The continued use of existing properties made non-conforming by adoption of this
Plan is permitted until the property is to be redeveloped or substantially
rehabilitated, at which time the provisions of this Plan shall apply. In the case where
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a particular land use or site standard is not specifically addressed in this
redevelopment plan, compliance with the Borough of Carteret's Zoning Ordinance
and/or other applicable Borough codes or ordinances shall be required.
The flexibility of land uses within the overall zone district is essential to achieve the
best design possible and to create a sustainable business district that will properly
function as an area of transition between heavy industrial uses and the consumer
commercial and residential land uses that characterize the Waterfront
Redevelopment Area. The local land development regulatory process will be
administered by the Carteret Planning i;3o;:¡rd to ensure that the goals and objectives
of the Redevelopment Plan are met.
3.3 Purpose and Intent
It is the intent of this Redevelopment Plan to reach the following goals and
objectives for the Borough of Carteret:
A. To transform underutilized and otherwise obsolete buildings and properties
into fully productive uses;
B. To serve as the guiding document for the Borough Council and Planning
Board for this area;
C To create land use and building requirements specific to the Redevelopment
Area that will promote the development of a light industrial and commercial
area that transitions new consumer commercial and residential areas to
Carteret's heavy industry corridor;
D. To foster the develop of industrial and/or commercial uses that will ádvance
the revitalization of the Redevelopment Area, while adding taxable
improvements to the Borough's ratable base;
E. To promote the utilization of high quality design standards in the construction
of buildings and improvements;
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F. To identify and remediate potential brownfield issues relative to past
industrial uses and activities within the redevelopment area;
G. To stimulate economic development opportunities within the redevelopment
area;
H. To create and control vehicular access along Roosevelt Avenue in a manner
that permits multiple uses while diminishing traffic conflicts.
3.4 Design Standards
Fundamental to RALlD is the creation of an effective transition area between
Carteret's heavy industry and residential neighborhoods. Visual and functional
transition elements are essential. Off-street parking, well defined site access from
Roosevelt Avenue, an architectural style that attractively meshes industrial and
commercial land uses, quality building materials, and an enticing streetscape are
character requirements of the Redevelopment Plan.
Purpose
· To set forth guidelines and standards that promote the creation offunctional and
attractive development that shall promote and give due consideration to the
health, safety, general welfare, morals, order, efficiency, economy, maintenance
of property values and character of the Borough of Carteret.
· The ensure that any developmenCshall compITwith-'ìhê stated goalçanel'
objectives of the RALlD Redevelopment Plan.
- -.., ._~-
· To provide guidelines and standards that shall be used by an applicant in
preparing a redevelopment proposal, and the designated redevelopment
entity in reviewing same.
· To minimize adverse impacts of fiooding, drainage, erosion, vehicular traffic,
pedestrian movement, parking, vibration, lighting and glare, noise, odor, solid
waster disposal, litter, ventilation, vibration, crime and vandalism and
inappropriate design and development.
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.
To ensure that any new development gives due consideration to the physical,
visual and spatial characteristics of the existing and proposed streetscape,
neighborhood and district in which such is located and the Borough generally,
while providing sufficient opportunity for creativity in design.
.
To ensure that the physical, visual and spatial characteristics of any proposed
development will effectively function as a transition zone between the consumer
commercial and residential land uses associated with the adjacent Waterfront
Redevelopment Area. The proposed development shall not be so markedly
incongruous with the same characteristics of the existing or required
streetscape, neighborhood and district in which such is located, and the Borough
generally, so as to materially detract from the real property value of adjacent or
nearby properties. .
Exceptions
The design standards herein shall be used as the Borough's presumptive minimum
requirements for development in the RAllO. However, the guidelines and
standards are not intended to restrict creativity, and a potential redeveloper may
request that the guidelines and standards be modified orwaived. Such modification
or waiver, may be approved upon a demonstration that the resulting change will:
·
Substantially satisfy RAllO goals and objectives;
·
Be designed in accordance with the Borough's normally acceptable engineering,
planning and/or architectural practices; .
·
Not have an adverse impact on the physical, visual or spatial characteristics of
the overall development plan for the parcel or tract to be developed;
·
Generally enhance the overall development plan for the tract;
·
Not have an adverse impact on the physical, visual or spatial characteristics of
the existing streetscape and neighborhood in which such development is located
or the RAllO;
·
Generally enhance the streetscape and neighborhood;
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· Not reduce the useful life or increase the cost of maintenance of the
improvement to be modified or othelWise have an adverse impact on the long-
term function of the development;
· Not materially detract from the real property value of the development or
adjacent or nearby properties;
Site Standards
· Vehicular access. On street parking shall be prohibited. Parking lots shall be
prohibited within 25 feet of any public right-of-way or street Loading areas shall
be located to the side or rear of buildings.
· Commercial activity. Commercial land uses permitted within the Roosevelt
Avenue Light Industrial District may draw both pedestrian and motor vehicle
activity, and is dependent on both to varying degree according to the type of
business. Sufficient parking for retail and other commercial components of the
RALlD is crucial for the long-term success of the community. As such, heavy
emphasis will be placed on providing parking in sufficient quantity and in
reasonable proximity for all land uses proposed.
· Building location. A building shall be located to froQt towards and relate to a
public street, both functionally and visually. However, no garage may be
oriented to directly function from a public right-of-way. In a multiple-building
development, buildings located on the interior of a site shall front towards and
relate to one another, both functionally and visually. Spatial relationships
between buildings shall be geometrically logical and architecturally formal. All
buildings shall be located to allow for adequate fire and emergency access.
· Pedestrian Circulation. A barrier-free walkway system shall be provided to allow
pedestrian access to a building from the Borough sidewalk system. Such
walkway system shall promote pedestrian activity both within the site itself and
throughout the community by its integration with the Borough sidewalk system.
Walkways shall be separate from motor vehicle circulation to the greatest extent
possible.
· Decorative lampposts. Decorative lampposts shall be provided along the
periphery of a site where street frontage is greater than 45 feet. Lampposts
shall be approximately 10 feet to 12 feet high, and spaced at intervals of
approximately 40 feet to 60 feet along or near all street lines and driveways.
Walkways in the interior of a site shall have decorative lampposts approximately
10 feet to 12 feet high, spaced at intervals of approximately 40 feet to 60 feet.
The style, size, color and type of light source of such lamp posts shall be in
accordance with generally accepted Borough streetscape standards or its
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functional and aesthetic equivalent. Lighting levels from such fixtures shall be in
accordance with Borough standards.
. Sidewalk type and streetscape details. Sidewalks and all other streetscape
improvements along Roosevelt Avenue shall be completed in accordance with
the Borough's design standards.
Architectural Desiqn Standards
. Massing. New buildings should be designed to be compatibl~ with the scale,
form, and proportion of existing development and the design objectives of the
adjacent waterfront redevelopment area. Building wall offsets, including both
projections and recesses, shall be provided along any building wall measuring
greater than 150 feet in length in order to provide architectural interest and
variety to the massing of a building and relieve the negative visual effect of a
single, long wall. The total measurement of such offsets shall equal a minimum
of 10% of the building wall length. The minimum projection or depth of any
individual offset shall not be less than 75 feet in length.
· Continuity of treatment. All sides of a building shall be architecturally designed
so as to be compatible with regard to style, materials, colors and details.
· Roof. The type, shape, pitch, texture and color of a roof shall be considered as
an integral part of the design of a building and shall be architecturally compatible
with the style, materials, colors and details of such building.
· Windows. Fenestration shall be architecturally compatible with the style,
materials, colors and details of a building. Windows shall be vertically
proportioned wherever possible and the location of windows on the upper stories
of a building shall be vertically aligned with the location of windows and doors on
the ground level of such building.
. Entrances. All entrances to a building shall be defined and articulated by
utilizing such elements as lintels, pediments, pilasters, columns, porticoes,
porches, overhangs, railings, balustrades and other such elements, where
appropriate. Any such element utilized shall be architecturally compatible with
the style, materials, colors and details of such building.
. Physical plant. All air-conditioning units, HVAC systems, exhaust pipes or
stacks and elevator housing shall be shielded from view for a minimum distance
of 500 feet from the site. Such shielding shall be accomplished by utilizing the
walls or roof of the building or a penthouse-type screening device that shall be
designed to be architecturally compatible with the style, materials, colors and
details of such building.
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· Materials, colors, and details. All materials, colors and details used on the
exterior of a building shall be architecturally compatible with the style of such
building, as well as with each other. A building designed of an architectural style
that normally includes certain integral materials, colors andlor details shall have
such incorporated into the design of such buildings.
· Lighting. Light fixtures attached to the exterior of a building shall be designed to
be architecturally compatible with the style, materials, colors and details of such
building and other lighting fixtures used on the site. Consideration shall also be
given to the type of light source utilized and the lights quality such sources
produce. The type of light source used on buildings, signs, parking areas,
pedestrian walkways and other areas of a site shall be the same or compatible.
· Multiple uses. A building with multiple storefronts or other multiple uses, no
matter whether such uses are the same type of use or located on the same floor
level, shall be unified through the use of architecturally compatible styles,
materials, colors, details, awnings, signage, lighting fixtures and other design
elements for all such storefronts or uses.
· Multiple building. A development plan that contains more than one building or
structure shall be unified through the use of architecturally compatible styles,
materials, colors, details, awnings, signage, lighting fixtures and other design
elements for all such buildings or structures.
· Prohibited materials. The use of bare aluminum or other bare metal materials or
exposed non-decorative concrete block as exterior building materials shall be
prohibited. The use of unusual shapes, colors, and other characteristics that
create a jarring disharmony shall be avoided.
Landscapinq Desiqn Guidelines
· Landscaping. The entire development shall be landscaped in accordance with a
plan conceived as a complete pattern and style throughout the total site. All
areas of the site not occupied by buildings and other improvements shall be
planted with trees, shrubs, hedges, ground cover and perennials and annuals.
Landscaping shall be provided to achieve the following:
Preservation and enhancement, to the greatest extent possible, of existing
natural features on the site, including vegetation and land forms;
Assistance in adapting a site to its proposed development;
Mitigation and control of environmental and community impacts from a
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development;
Creation of an attractive appearance for the development, as viewed from
both within the site itself and the surrounding area;
Definition of yard areas and other open space;
Energy conservation and micro-climatic control;
. Other site design elements. The development plan shall incorporate landscaping
with other functiònal and ornamental site design elements, where appropriate,
such as the following:
Courtyards, plazas, alleys and similar public and semi-public open spaces;
Ground paving materials;
Paths and walkways;
Fences, walls and other screens;
Street and site furniture;
. General standards. The following general standards shall be used to prepare
and review landscaping for any development plan.
Deciduous trees shall have a minimum caliper of two and one half inches at
time of planting. Evergreen trees shall be a minimum of 6 feet in height at
time or planting. Low-growing evergreen shrubs shall be a minimum of 2.5
feet in height at time of planting. Size of other plantings shall depend on
setting and type of plant material.
Plantings shall be watered regularly and in a manner appropriate for the
specific plant material through the first growing season. All landscaped areas
shall be well maintained and kept free of all debris, rubbish, weeds, tall
grass, other overgrown conditions and the storage of any equipment or
materials.
The redeveloper shall be required to replace dead or dying plant material for
a period of two years from the date of issuance of a final occupancy permit
and shall post a maintenance guaranty for such. If plant material is dead or
dying during a planting season, it shall be replaced that same season. If
plant material is dead or dying during a non-planting season, it shall be
replace as soon as is reasonably possible at the start of the next planting
season.
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· Specific standards. The following standards shall be used to prepare and review
landscaping within the Redevelopment Area:
The interior area of all parcels shall be landscaped to enhance the site's
aesthetic appearance, provided visual relief from monotonous appearance of
extensive building and parking areas, and to provide shading. In parking lots,
such landscaped areas shall be provided in protected planting islands or
peninsulas within the perimeter of the parking lot and shall be placed so as
not to obstruct the vision of motorist.
The redeveloper shall provide to the redevelopment entity an acceptable
landscaping plan.
Benches, trash receptacles, kiosks, phone booths and other street or site
furniture shaii be located on-tract, and shall be positioned and sized in
accordance with the functional need of such. Selection of such furniture shall
take into consideration issues of durability, maintenance and vandalism. All
such furniture shall be architecturally compatible with the style, materials,
colors and details of buildings on the site.
Street trees shall be provided on-tract along all public street within the
RAllO. Street trees shall be Redspire Pear (Pyrus calleryana "redspire") or
equivalent planted 30' on-center, a minimum 2-1/2" caliper at the time of
planting.
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3.5 Permitted Uses
A. Permitted principal uses. The Redevelopment Plan seeks to accommodate
an expanded range of commercial and industrial uses in order to encourage
redevelopment of the Roosevelt Avenue Light Industrial District
Redevelopment Area. Table 1 lists the permitted uses for this area.
B. Permitted accessory uses. Permitted accessory uses in the RAllO may
include off-street parking, parking garages, fences and walls, signage,
loading areas, and public open space and related elements which are
commoniy anciiiary to principal permitted uses.
Table 1
Permitted Principal Uses
Roosevelt Avenue Light Industrial District Redevelopment Area
1. Business, professional and government offices.
2. Research, experimental and testing laboratories.
3. Wholesale offices and showrooms with accessory storage of goods.
4. Light industrial manufacturing and assembly.
5. Warehousing, including refrigerated warehousing and food distribution.
6. Flex lighl industrial and office space.
7. Retail sale of goods and services, including wholesale clubs.
8. Restaurants, bars and nightclubs.
9. Health clubs.
10. Food stores.
11. Variety stores.
12. Dry goods stores.
13. Movie theaters.
14. Clothing and apparel stores.
15. Department stores.
16. Recreational sports facilities.
17. Film and sound production studios.
18. Rehearsal studios.
19. Mixed use of the uses permitted in this district.
20. Municipal facilities
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3.6 Bulk Standards
Table 2 lists the area and bulk requirements for the Roosevelt Avenue Light
Industrial District:
Table 2
Roosevelt Avenue Light Industrial District (RALlD) Bulk Regulations
Maximum building wall length (feet)
Minimum landscaped open space amenity
RALlD Requirement
3
300
50
25
25
85
55/5
2.0
150
Zoning Standard
Minimum lot area (acres)
Minimum lot width (feet)
Minimum front yard setback (feet)
Minimum side yard setback (feet)
Minimum rear yard setback (feet)
Maximum impervious coverage (percent)
Maximum building height (feet/stories)
Maximum fioor area ratio
15 percent of lot area
3.7 Supplemental Regulations
A. General Regulations
1. The parking requirements set forth in Section 160-107 of the Borough
Land Development Ordinance shall apply to permitted uses in the
PAllO Zone.
2. The accessory use regulations set forth in Section 160-98 of the
Borough Land Development Ordinance shall apply to accessory uses
in the RAllO Zone.
3. In the event of any conflicts between the regulations set forth herein
for industrial, commercial and office development and any other
Borough of Carteret development ordinances, the RAllO regulations
shall apply.
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B. Distribution of Uses
1. Delineation on plan. The applicant shall identify the square footage
devoted to industrial, commercial, and office uses. The amount of
open space and landscaped open space shall be calculated.
2. Minimum and maximum limits for various uses. The distribution of
uses within the Roosevelt Avenue Light Industrial District shall comply
with the following:
a. Commercial uses, not including office uses, shall be located on
the first floor of any building.
b. Office uses shall not be located on the first floor of any building
containing retail uses.
C. Landscaped Open Space Requirements
1. A minimum 15 percent of a site's land area shall be devoted to
landscaped open space.
2. If provided, any public open space shall include a water-related
feature such as a fountain, waterfall, or reflecting pool. The open
space shall also be suitably landscaped ,and planted to provide an
attractive year-round visual amenity.
D. Prohibited Uses
1. Residential uses.
2. Commercial or industrial uses that may be noxious or injurious by
reason of production or emission of dust, smoke, refuse matter, coal
or gas fumes, noise, vibrations, or similar substances or conditions.
E. Signs
Signs may be provided consistent with the provisions of Section 160-113 of
the Borough's Land Development Ordinance.
F. Non-Applicable Sections
The following sections of the Borough's Land Development Ordinance shall
not apply in the Roosevelt Avenue Light District Redevelopment Area:
160-109: Limitation on number of principal uses or buildings per lot.
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G. Stormwater Management
Stormwater management facilities located in and serving development
pursuant to the Roosevelt Avenue Light Industrial District Redevelopment
Area shall meet the requirements set forth by the New Jersey Department of
Environmental Protection.
H. Street, Curbs and Sidewalks
Proposed right-of-way improvements shall meet the requirements setforth in
the Borough's Land Development Ordinance at Sections 160-79, 160-86,
160-88,160-89,160-90,160-91,160-93,160-94, and 160-96, and shall be
consistent with the streetscape design and standards presently being
implemented in other areas of the Borough.
I. Deviation Requests
The Planning Board may grant deviations from the Roosevelt Avenue Light
Industrial District bulk standards contained in this redevelopment plan,
where, by reason of exceptional narrowness, shallowness or shape of a
specific piece of property, or by reason of exceptional topographic
conditions, preexisting structures or physical conditions uniquely affecting a
specific piece of property, the strict application of any area, yard, bulk or
design standard or regulation adopted pursuant to the Redevelopment Plan,
would result in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the development of such property. The Planning
Board may also grant such relief in an application relating to a specific piece
of property where the purposes of this Redevelopment Plan would be
advanced by a deviation from the strict application of the bulk standards of
this Plan, and the benefits ofthe deviation would substantially outweigh any
detriments. No relief may be granted under the terms of this section unless
such deviation or relief can be granted without substantial detriment to the
public good and will not substantially impair the intent and purpose of the
Roosevelt Avenue Light Industrial District Redevelopment Plan. No
deviations may be granted that would result in permitting a use that is not
permitted in the RAllO. An application requesting a deviation from the
requirements of this Redevelopment Plan shall provide notice of such
application in accordance with the requirements of N.J.S.A. 40:55D-12a, b.
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4.0 ACQUISITION AND RELOCATION
4.1 Properties to be acquired
All lands with the Roosevelt Avenue Light Industrial District Redevelopment Area
not owned by the Borough of Carteret are subject to acquisition for redevelopment.
This Redevelopment Plan authorizes the Borough to exercise its condemnation
powers on all properties in the Redevelopment Area, to acquire property or to
eliminate any restrictive covenants, easements or similar property interests which
may undermine the implementation of the Plan.
4.2 Relocation
Relocation, temporary or permanent, of businesses displaced as a result of the
implementation of this Redevelopment Plan shall be carried out by the Borough, or
such entity designated by the Borough (Relocation Entity) in accordance with the
provisions of the State of New Jersey Relocation Assistance Law of 1967 (N.J.S.A.
52:31B-1 et seq.) and the Relocation Assistance Act of 1971 (N.J.SA 20:4-1 et
seq.), the rules promulgated thereunder, and a State-approved Workable
Relocation Assistance Plan (WRAP) for the Redevelopment Area. Said WRAP
shall be available for public inspection at the offices of the Relocation Entity
It is estimated that adequate opportunities for the relocation of establishments
currently conducting business within the Roosevelt Avenue Light Industrial District
Redevelopment Area will be available in the immediate region during the relocation
period. The Relocation Entity will seek to identify potential new location for
businesses that may be displaced as a result on the implementation of this
Redevelopment Plan.
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5.0 RELATIONSHIP TO OTHER PLANS
The LHRL requires a Redevelopment Plan to include a statement regarding any
significant relationship that the redevelopment plan may have to contiguous
municipalities, the County Master Plan, and the State Development and
Redevelopment Plan. A review of the documents reveals that the proposed
Redevelopment Plan is generally consistent with these various documents. In
particular, it is noted that, while the Redevelopment Area is not adjacent to any
adjoining municipality, the overall goals and objectives are generally consistent with
the land use planning philosophies espoused in the master plans of contiguous
communities.
5.1 Carteret Master Plan
The redevelopment area is located in an area that is designated for industrial use.
The goals, objectives and standards contained in this Redevelopment Plan are
consistent with the Borough's Master Plan.
5.2 Sewer and Water Service
The redevelopment area is located within public water and sewer service areas.
5.3 Transportation and Public Transportation
The Redevelopment Plan is currently served by public transportation. Bus service is
provided to the general area by New Jersey Transit. Access to regional highways is
provided by Roosevelt Avenue and the Peter J. Sica Industrial Highway. These
roadways connect the redevelopment area to ~e New Jersey Turnpike, state and
county highways, and neighboring communities. In addition, the existence of a
freight rail right-of-way through the redevelopment area offers the potential for rail
service to establishments within the redevelopment area, as well as to consider the
possibility of a light rail connection to the commuter rail system.
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5.4 Relation to Master Plans of Adjacent Municipalities
Municipalities bordering Carteret include Woodbridge in Middlesex County, and
Rahway and Linden in Union County. The redevelopment area is not situated along
the municipal boundary with any of these communities, and as such, the proposed
industrial and/or commercial development within the redevelopment area is not
anticipated to adversely impact these adjacent communities. Regional access to
the redevelopment area is primarily from the New Jersey Turnpike, therefore, the
redevelopment of the area is not anticipated to have a significant adverse impact on
roadways in neighboring communities.
5.5 Relation to Middlesex County Plan
The Redevelopment Plan pertains to an area that is within the Arthur Kill and
Raritan Bay Shore Strategic Planning Area, and has historically been considered
appropriate for commercial and industrial development.
5.6 Relation to State Development and Redevelopment ,Plan
This Redevelopment Plan is designed to affirm the overall redevelopment concepts
set forth in the State Development and Redevelopment Plan. Specifically, the State
Development and Redevelopment Plan encourages development in older cities and
in suburbs that have the necessary infrastructure to accommodate it, as well as in
locations along existing transportation ,. corridors. "' Cartere1 is located in a
"Metropolitan Planning Area." That classification has the following characteristics:
predominantly developed with little vacant land; aging infrastructure; recognize that
redevelopment will be the predominant form of growth; and understands that certain
municipal services and systems need to be regionalized. This Redevelopment Plan
affirmatively addresses the State Plan's goal of promoting public and private
investment/reinvestment in the Metropolitan Planning Areas.
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6.0
IMPLEMENTATION OF THE REDEVELOPMENT PLAN
;
This section summarizes the implementation process for a successful
redevelopment plan.
6.1
Redevelopment Entity
The Borough Council shall serve as the Redevelopment Entity hereunder.
6.2 Phasing
The project may be developed in phases. The phasing may include phased start
and completion dates among the various land use components, as well as internal
phasing schedules within sections.
6.3 Selection of Designated Redeveloper
Potential redevelopers will be required to submit to the Redevelopment Entity for
review and approval prior to the designation of a Redeveloper(s):
·
documentation evidencing financial responsibility ançl capability with respect to
the development proposed;
·
estimated total development cost;
·
estimated time schedule for start and completion of development;
·
conceptual site plans, subdivision plans, preliminary plans, outline specifications
and elevations sufficient in scope to demonstrate the design, architectural
concepts, proposed distribution and intensity of uses, parking, loading, and
landscaping;
·
fiscal impact analysis.
In selecting a Designated Redeveloper, the Borough will give preference to a
developer based on the following considerations:
A. The developer has submitted a proposal which best serves the interests of
the Borough in terms of financial benefits to be derived by the Borough, after
consideration of the scale and intensity of development; the timing and
quality of construction; and the architectural theme selected.
B. The redeveloper's qualifications including successful completion of
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commercial or industrial developments of comparable size, complexity and
quality.
After review and evaluation of all proposals by the Redevelopment Entity, the Entity
may select one or more developers who have submitted a proposal for the
Redevelopment Project and/or each of the sections and may then proceed to
negotiate an Agreement of Understanding for the implementation of such
redeveloper's proposal.' The Entity may also act to reject all such proposals. The
Agreement of Understanding shall provide an outline of the essential terms and
conditions, which are to be incorporated into a formal Redevelopment Agreement
which would be entered into between the Borough and redeveloper, if selected as a
Designated Redeveloper.
6.4 Appointment of a Designated Redeveloper.
The Redevelopment Entity shall review each of the Agreements of Understanding,
together with the redevelopment Proposal and Qualification Summaries and may
act to reject all developer proposals or may select on~ or more redevelopers to
participate in the implementation of the Redevelopment Plan.
Upon the selection of one or more redevelopers to become a Designated
Redeveloper, the Redevelopment Entity shall then proceed to negotiate a formal
Redevelopment Agreement.
Designation of a Redeveloper by the Redevelopment Entity shall be subject to the
execution of an appropriate Redevelopment Agreement. The estimates referred to
in the previous section shall be finalized by the designated Redeveloper(s) at the
time of execution of such agreement. Prior to the commencement of construction of
any improvements on Redevelopment Area land, final plans and specifications must
be submitted to the Redevelopment Entity by the Redeveloper for approval to insure
conformance with the approved preliminary submission.
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6.5 Land Disposition
The Redevelopment Entity shall have the authority to sell, lease or otherwise
convey to the Redeveloper(s) for redevelopment, subject to the restrictions, controls
and requirements of this Plan, all or any partes) or portion(s) of land within the
Redevelopment Area which becomes available for disposal as a result of public
action under this Plan. The Entity reseNes the right to formulate an agreement
under either arrangement and to enforce resale covenants. The development of the
plan in different sections by separate entities will·be permitted if it is determined that
this approach best achieves the goals and objectives of the Plan.
Title will be transferred only after the Borough has been paid in full for the value of
such title interests as are to be transferred or other arrangements for full payment
have been accepted by the Borough.
Neither the Borough of Carteret nor the Redevelopment Entity nor any of their
assigns nor any purchasers or lessees from them shall discriminate upon the basis
of race, color, creed, religion, ancestry, national origin, sex or martial status in the
sale, lease or rental or in the use and occupancy of land or improvements erected
or be erected thereon, or any part thereof, in the Redevelopment Area.
6.6 Property Acquisition
This Redevelopment Plan authorizes the Borough to exercise condemnation powers
on all properties in the Redevelopment Area, to acquire property or to eliminate any
restrictive covenants, easements or similar property interests that may undermine
the implementation of the Plan.
6.7 Conditions in Redevelopment Agreement(s)
Each Redevelopment Agreement will be contingent upon the following conditions,
restrictions, and/or requirements.
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1. Each Redevelopment Agreement will incorporate the pertinent aspects of the
selected developer's proposal and will address financial considerations,
planning, phasing, development and such other issues as deemed
appropriate and/or as required according to state law in order to implement
the Redevelopment Plan.
2. A Designated Redeveloper will be obligated to complete on-site
improvements as approved, together with any specified off-site
improvements, as may be required in accordance with the Redevelopment
Plan.
3. Failure by the Designated Redeveloper to adhere to any approved site plan
and the associated time schedule shall constitute a condition of default under
the Redevelopment Agreement.
4. The deed of conveyance shall include a restriction that the Designated
Redeveloper and his successors or assigns shall devote land to the user(s)
specified in the Designated Redeveloper's final plan and shall not devote
such land to any other uses. These restrictions shall be perpetual in nature
and shall run with the land.
5. The Redevelopment Entity reserves the right to terminate any
Redevelopment Agreement with a Designated Redeveloper in the event that
such Designated Redeveloper fails to perform, its obligations on a timely
basis or it suffers a substantial change in its financial conditions which in the
sole, reasonable judgment of the Redevelopment Entity is determined as
being materially adverse.
6. No Designated Redeveloper will be permitted to dispose of property until all
required improvements are completed, unless the prior written consent of the
Redevelopment Entity have been obtained; it being understood that such
consent will not be granted under conditions that will prevent speculation and
protect the interests of the Borough of Carteret.
7. The consent of the Redevelopment Entity shall be required prior to the
disposition of all or any of the Designated Redeveloper's interest in the
Redevelopment Area. Such consent shall be effective upon the completion
by the Designated Redeveloper of all on and off-site improvements as may
have been approved and required.
8. The Redevelopment Entity reserves the right to terminate any
Redevelopment Agreement with any Designated Redeveloper in which the
ownership interests have changed by more than 20 percent in aggregate
during the term of a Redevelopment Agreement unless such changes have
been first approved by the Redevelopment Entity.
Beacon Planning and Consulting Services, LLC 25
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9. No covenant, agreement, lease, conveyance, or other instrument shall be
effective or executed by the Redevelopment Entity or by purchasers or
lessees from them, or by an successors in interest of such purchasers or
lessees, by which land in the Redevelopment Area is restricted as to sale,
lease, or occupancy upon the basis of race, color, creed, religion, ancestry,
national original, sex, or marital status.
10. The Redeveloper shall have the obligation to maintain all aspects of the built
environment of the RAllO including the buildings, parking areas,
landscaping, streetscaping, sidewalks including curbing and traffic calming
devices (but not the paved roadway unless disturbed by the Redeveloper),
trash collection & receptacles, and all such issues identified in the Borough
Property Maintenance Code Section 222.
11. The Redeveloper(s) shall pay to the Redevelopment Entity a fee for the
purpose of defraying its costs incurred in connection with this Plan and the
Redeveloper's project.
6.8 Development Review
No application for development or redevelopment in the area may be filed with the
Planning Board until such time as the applicant has applied for and received a
designation as redeveloper from the Redevelopment Entity and has executed a
Redevelopment Agreement with the Redevelopment Entity providing for the
proposed application. Preliminary and Final Site Plans, with details sufficient to
comply with the Municipal Land Use Law and local Ordinance, will be submitted for
Planning Board review and approval for each development parcel, pursuant to
N.J.S.A 40:550-1 et seq.
The Planning Board may require the developer to provide a bond or bonds of
sufficient size and duration of guarantee the completion of the various phases of the
project in compliance with the requirements of law and planning approvals.
The objectives, standards and requirements contained in this Redevelopment Plan,
shall regulate development within the Redevelopment Area and take precedent over
the Land Development Ordinance of the Borough of Carteret. For standards not
specifically addressed within this Redevelopment Plan, the Land Development
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Ordinance shall apply. The regulations for the zone or zones permitting the most
similar types of use or uses shall be applied. These requirements may be varied by
the Planning Board pursuant to N.J.SA 40:550-1 et seq.
6.9 Duration of Redevelopment Plan
During the time that the Redevelopment Plan is in effect, any party acting as a
redeveloper (as defined in the LRHL) must obtain the approval of the
Redevelopment Entity. The Redevelopment Plan will remain in effect for 30 years.
After that period the Zoning Ordinance will regulate the development of the
Redevelopment Area.
6.10 Amending the Redevelopment Plan
This Redevelopment Plan may be amended from time to time in compliance with
the requirements of law, provided that with respect to any land in the project area
previously disposed of by the Redevelopment Entity for use in accordance with the
Redevelopment Plan, the Entity notices the owner of such land whose interests
therein may be materially affected by such amendment.
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27
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